The Florida Senate

CHAPTER 230
DISTRICT SCHOOL SYSTEM

230.01  District unit.

230.015  Special district units.

230.02  Scope of district system.

230.03  Management, control, operation, administration, and supervision.

230.04  Membership of school board.

230.05  Term of office.

230.061  School board member residence areas.

230.10  Election of board by districtwide vote.

230.105  Alternate procedure for the election of district school board members to provide for single-member representation.

230.11  School board members to represent entire district.

230.12  Board members shall qualify.

230.15  Organization of board.

230.16  Regular and special meetings.

230.17  Place of meetings.

230.173  Removal of persons interfering with meetings.

230.18  Majority a quorum.

230.19  Vacancies; how filled.

230.201  District school board members; travel expenses.

230.202  District school board members; compensation.

230.21  School board to constitute a corporation.

230.22  General powers of school board.

230.23  Powers and duties of school board.

230.23005  Supplemental powers and duties of school board.

230.2301  Parents may be accompanied.

230.23015  Students violating s. 784.081; expulsion or placement in alternative school setting.

230.2302  Performance review.

230.23025  Best financial management practices; standards; reviews; designation of districts.

230.23026  Florida School District Review Trust Fund.

230.23027  Small School District Stabilization Program.

230.2303  Florida First Start Program.

230.2305  Prekindergarten early intervention program.

230.2306  Prekindergarten children service needs assessments; reports; reasonable efforts by school district.

230.23145  Student support services pilot program.

230.2316  Dropout prevention.

230.23161  Educational services in Department of Juvenile Justice programs.

230.23162  Residential public education facility.

230.23166  Teenage parent programs.

230.2317  Educational multiagency services for students with severe emotional disturbance.

230.23175  School safety officers.

230.2318  School resource officer program.

230.23185  Statewide crime watch program.

230.234  Legal services for employees; reimbursement for judgments in civil actions.

230.235  Policy of zero tolerance for crime.

230.24  Superintendent; election and term of office.

230.241  Superintendent; procedures for making office appointive.

230.26  Oath of superintendent.

230.28  Vacancy in office of superintendent.

230.30  Superintendent to devote full time to office.

230.303  Superintendent of schools.

230.31  Secretary and executive officer of the school board.

230.32  General powers of superintendents.

230.321  Superintendents employed under Art. IX, State Constitution.

230.33  Duties and responsibilities of superintendent of schools.

230.331  Reproduction and destruction of district school records.

230.335  Notification of superintendent of certain charges against or convictions of students or employees.

230.35  Schools under control of school board and superintendent.

230.39  Procedure for conducting school district millage elections.

230.63  When area technical centers may be organized.

230.64  Area technical center part of district school system; minimum standards.

230.643  Academic transcript for vocational-technical center student; requirement.

230.01  District unit.--Each county shall constitute a school district and shall be known as the school district of _____ County, Florida. Each district shall constitute a unit for the control, organization, and administration of schools. The responsibility for the actual operation and administration of all schools needed within the districts in conformity with regulations and minimum standards prescribed by the state, and also the responsibility for the provision of any desirable and practicable opportunities authorized by law beyond those required by the state, are delegated by law to the school officials of the respective districts.

History.--s. 401, ch. 19355, 1939; CGL 1940 Supp. 892(64); s. 27, ch. 29764, 1955; s. 14, ch. 65-239; s. 1, ch. 69-300; s. 2, ch. 70-401.

230.015  Special district units.--For the purposes of funding through chapters 235 and 236, developmental research schools shall be designated as special school districts. Such districts shall be accountable to the Department of Education for budget requests and reports on expenditures.

History.--s. 3, ch. 90-49.

230.02  Scope of district system.--A district school system shall include all public schools, classes, and courses of instruction and all services and activities directly related to education in that district which are under the direction of the district school officials. A district school system may also include alternative site schools for disruptive or violent youth. Such schools for disruptive or violent youth may be funded by each district or provided through cooperative programs administered by a consortium of school districts, private providers, state and local law enforcement agencies, and the Department of Juvenile Justice. Pursuant to cooperative agreement, a district school system shall provide instructional personnel at juvenile justice facilities of 50 or more beds or slots with access to the district school system database for the purpose of accessing student academic, immunization, and registration records for students assigned to the programs. Such access shall be in the same manner as provided to other schools in the district.

History.--s. 402, ch. 19355, 1939; CGL 1940 Supp. 892(65); s. 1, ch. 69-300; s. 64, ch. 95-267; s. 1, ch. 2000-137.

230.03  Management, control, operation, administration, and supervision.--The district school system must be managed, controlled, operated, administered, and supervised as follows:

(1)  DISTRICT SYSTEM.--The district school system shall be considered as a part of the state system of public education. All actions of district school officials shall be consistent and in harmony with state laws and with rules and minimum standards of the state board and the commissioner. District school officials, however, shall have the authority to provide additional educational opportunities, as desired, which are authorized, but not required, by law or by the district school board.

(2)  SCHOOL BOARD.--In accordance with the provisions of s. 4(b) of Art. IX of the State Constitution, district school boards shall operate, control, and supervise all free public schools in their respective districts and may exercise any power except as expressly prohibited by the State Constitution or general law.

(3)  SUPERINTENDENT.--Responsibility for the administration and management of the schools and for the supervision of instruction in the district shall be vested in the superintendent as the secretary and executive officer of the school board, as provided by law.

(4)  PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for the administration of any school or schools at a given school center, for the supervision of instruction therein, and for providing leadership in the development or revision and implementation of a school improvement plan required pursuant to s. 230.23(16) shall be delegated to the principal or head of the school or schools as hereinafter set forth and in accordance with rules established by the school board.

History.--s. 403, ch. 19355, 1939; CGL 1940 Supp. 892(66); s. 28, ch. 29764, 1955; s. 1, ch. 57-249; s. 1, ch. 69-300; s. 3, ch. 71-164; s. 58, ch. 71-355; s. 25, ch. 72-221; s. 1, ch. 78-86; s. 7, ch. 83-324; s. 13, ch. 91-283; ss. 1, 103, ch. 97-190; s. 31, ch. 99-398; s. 12, ch. 2000-152.

230.04  Membership of school board.--The school board in each district shall be composed of not less than five members. Each member of the school board shall be a qualified elector of the district in which she or he serves, shall be a resident of the school board member residence area from which she or he is elected, and shall maintain said residency throughout her or his term of office.

History.--s. 404, ch. 19355, 1939; CGL 1940 Supp. 892(67); s. 5, ch. 23726, 1947; s. 1, ch. 69-172; s. 1, ch. 88-334; s. 1221, ch. 95-147.

230.05  Term of office.--School board members shall be elected at the general election in November for terms of 4 years.

History.--s. 405, ch. 19355, 1939; CGL 1940 Supp. 892(68); s. 29, ch. 29764, 1955; s. 1, ch. 69-300.

230.061  School board member residence areas.--

(1)  For the purpose of electing school board members, each district shall be divided into at least five district school board member residence areas, which shall be numbered one to five, inclusive, and which shall, as nearly as practicable, be equal in population.

(a)  For those school districts, which have seven school board members, the district may be divided into five district school board member residence areas, with two school board members elected at large, or the district may be divided into seven district school board member residence areas. In the latter case, the residence areas shall be numbered one to seven inclusive and shall be equal in population as nearly as practicable.

(b)  For those school districts which have seven school board members, the number of district school board member residence areas shall be determined by resolution passed by a majority vote of the district school board. No district school board shall be required to change the boundaries of the district school board member residence areas in accordance with the provisions of this act prior to July 1, 1981.

(2)  The school board of any district may make any change which it deems necessary in the boundaries of any school board member residence area of the district at any meeting of the school board; provided that such changes shall be made only in odd-numbered years and provided further, that no change which would affect the residence qualifications of any incumbent member shall disqualify such incumbent member during the term for which he or she is elected.

(3)  Such changes in boundaries shall be shown by resolutions spread upon the minutes of the school board, and shall be recorded in the office of the clerk of the circuit court, and shall be published at least once in a newspaper published in the district within 30 days after the adoption of the resolution, or, if there be no newspaper published in the district, shall be posted at the county courthouse door for 4 weeks thereafter. A certified copy of this resolution shall be transmitted to the Department of State.

History.--s. 3, ch. 57-249; s. 1, ch. 59-232; ss. 10, 35, ch. 69-106; s. 1, ch. 69-300; ss. 1, 2, ch. 77-276; s. 1222, ch. 95-147; s. 13, ch. 99-326.

230.10  Election of board by districtwide vote.--Notwithstanding any provision of local law or any county charter, the election of members of the school board shall be by vote of the qualified electors of the entire district in a nonpartisan election as provided in chapter 105. Each candidate for school board member shall, at the time she or he qualifies, be a resident of the school board member residence area from which the candidate seeks election. Each candidate who qualifies to have her or his name placed on the ballot shall be listed according to the school board member residence area in which she or he resides. Each qualified elector of the district shall be entitled to vote for one candidate from each school board member residence area. The candidate from each school board member residence area who receives the highest number of votes in the general election shall be elected to the school board.

History.--s. 410, ch. 19355, 1939; CGL 1940 Supp. 892(73); s. 9, ch. 23726, 1947; s. 1, ch. 69-300; s. 2, ch. 88-334; s. 1223, ch. 95-147; s. 1, ch. 99-326.

230.105  Alternate procedure for the election of district school board members to provide for single-member representation.--

(1)  This section shall be known and may be referred to as "The School District Local Option Single-Member Representation Law of 1984."

(2)  District school board members shall be elected to office in accordance with the provisions of ss. 230.061 and 230.10, or as otherwise provided by law, unless a proposition calling for single-member representation within the residence areas of the district is submitted to and approved by a majority of the qualified electors voting on such proposition in the manner provided in subsection (3).

(a)  If the school board is composed of five members, such proposition shall provide that the five members shall reside one in each of five residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 230.061, each of whom shall be elected only by the qualified electors who reside in the same residence area as the member.

(b)  If the school board is composed of seven members, at the option of the school board, such proposition shall provide that:

1.  Five of the seven members shall reside one in each of five residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 230.061, each of whom shall be elected only by the qualified electors who reside in the same residence area as the member, and two of the seven members shall be elected at large; or

2.  All seven members shall reside one in each of seven residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 230.061, each of whom shall be elected only by the qualified electors who reside in the same residence area as the member.

(c)  All members shall be elected for 4-year terms, but such terms shall be staggered so that, alternately, one more or one less than half of the members elected from residence areas and, if applicable, one of the members elected at large from the entire district are elected every 2 years. Any member may be elected to an initial term of less than 4 years if necessary to achieve or maintain such system of staggered terms.

(3)  A proposition calling for single-member representation within the residence areas of the district shall be submitted to the electors of the district at any primary, general, or otherwise-called special election, in either manner following:

(a)  The district school board may adopt a formal resolution directing an election to be held to place the proposition on the ballot.

(b)  The electors of the school district may petition to have the proposition placed on the ballot by presenting to the school board petitions signed by not less than 10 percent of the duly qualified electors residing within the school district. The number of signatures required shall be determined by the supervisor of elections according to the number of registered electors in the district as of the date the petitioning electors register as a political committee as provided in subsection (4).

(4)  The electors petitioning to have the proposition placed on the ballot shall register as a political committee pursuant to s. 106.03, and a specific person shall be designated therein as chair of the committee to act for the committee.

(5)(a)  Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of five members shall include the wording: "As a registered elector of the school district of _____ County, Florida, I am petitioning for a referendum election to determine whether the five school board members of said district shall be elected from single-member residence areas by electors residing in each of those areas only."

(b)  Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of seven members, none of whom are to be elected at large, shall include the wording: "As a registered elector of the school district of _____ County, Florida, I am petitioning for a referendum election to determine whether the seven members of said district shall be elected from single-member residence areas by electors residing in each of those areas only."

(c)  Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of seven members, two of whom are to be elected at large, shall include the wording: "As a registered elector of the school district of _____ County, Florida, I am petitioning for a referendum election to determine whether five of the seven school board members of said district shall be elected from single-member residence areas by electors residing in each of those areas only, with the two remaining members being elected at large."

The petition shall also include space for the signature and address of the elector. Each signature obtained shall be dated when made and is valid for a period of 4 years following that date.

(6)  Upon the filing of the petitions with the district school board by the chair of the committee, the school board shall submit the petitions to the supervisor of elections for verification of the signatures. Within a period of not more than 30 days, the supervisor of elections shall determine whether the petitions contain the required number of valid signatures. The supervisor of elections shall be paid by the committee seeking verification the sum of 10 cents for each name checked.

(7)  If it is determined that the petitions have the required signatures, the supervisor of elections shall certify the petitions to the district school board, which shall adopt a resolution requesting that an election date be set to conform to the earliest primary, general, or otherwise-called special election that occurs not less than 30 days after certification of the petitions. If it is determined that the petitions do not contain the required signatures, the supervisor of elections shall so notify the district school board, which shall file the petitions without taking further action, and the matter shall be at an end. No additional names may be added to the petitions, and the petitions may not be used in any other proceeding.

(8)  No special election may be called for the sole purpose of presenting the proposition to the vote of the electors.

(9)  Any district adopting any of the propositions set forth in this section may thereafter return to the procedures otherwise provided by law by following the same procedure outlined in subsection (3).

(10)  No school board member elected prior to or at the election which approves any revision as permitted herein shall be affected in his or her term of office. The resolution adopted by the school board under paragraph (3)(a) or subsection (7) which presents the proposed revision to the electorate for approval shall specify an orderly method and procedure for implementing the revision contemplated in the resolution.

History.--s. 1, ch. 84-113; s. 43, ch. 85-80; s. 1224, ch. 95-147; s. 2, ch. 97-190; s. 14, ch. 99-326.

230.11  School board members to represent entire district.--The school board of each district shall represent the entire district. Each member of the school board shall serve as the representative of the entire district, rather than as the representative of a school board member residence area.

History.--s. 411, ch. 19355, 1939; CGL 1940 Supp. 892(74); s. 2, ch. 69-402.

230.12  Board members shall qualify.--Before entering upon the duties of office after being elected, or, if appointed, within 10 days after receiving notice of appointment, each member of the school board shall take the prescribed oath of office.

History.--s. 412, ch. 19355, 1939; CGL 1940 Supp. 892(75); s. 1, ch. 69-300.

230.15  Organization of board.--On the third Tuesday after the first Monday in November of each year, the school board shall organize by electing a chair. It may elect a vice chair, and the superintendent shall act ex officio as the secretary. If a vacancy should occur in the position of chair, the school board shall proceed to elect a chair at the next ensuing regular or special meeting. At the organization meeting, the superintendent shall act as chair until the organization is completed. The chair and secretary shall then make and sign a copy of the proceedings of organization, including the schedule for regular meetings and the names and addresses of all district school officers, and annex their affidavits that the same is a true and correct copy of the original, and the secretary shall file the document within 2 weeks with the Department of Education.

History.--s. 415, ch. 19355, 1939; CGL 1940 Supp. 892(78); s. 26, ch. 29754, 1955; s. 19, ch. 65-239; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 73-95; s. 1225, ch. 95-147.

230.16  Regular and special meetings.--The school board shall hold not less than one regular meeting each month for the transaction of business according to a schedule arranged by the school board and shall convene in special sessions when called by the superintendent or by the superintendent on request of the chair of the school board or on request of a majority of the members of the school board; provided, that actions taken at special meetings shall have the same force and effect as if taken at a regular meeting; and, provided further, that in the event the superintendent should fail to call a special meeting when requested to do so, as prescribed herein, such a meeting may be called by the chair of the school board or by a majority of the members of the school board by giving 2 days' written notice of the time and purpose of the meeting to all members and to the superintendent, in which event the minutes of the meeting shall set forth the facts regarding the procedure in calling the meeting and the reason therefor and shall be signed either by the chair or by a majority of the members of the school board.

History.--s. 416, ch. 19355, 1939; CGL 1940 Supp. 892(79); s. 3, ch. 69-402; s. 1226, ch. 95-147.

230.17  Place of meetings.--

(1)  Except as provided in subsection (2), all regular and special meetings of the school board shall be held in the office of the superintendent or in a room convenient to that office and regularly designated as the school board meeting room.

(2)  Upon the giving of due public notice, regular or special meetings of the board may be held at any appropriate public place in the county.

(3)  For purpose of this section, due public notice shall consist of publication in a newspaper of general circulation in the county or in each county where there is no newspaper of general circulation in the county an announcement over at least one radio station whose signal is generally received in the county, a reasonable number of times daily during the 48 hours immediately preceding the date of such meeting, or by posting a notice at the courthouse door if no newspaper is published in the county, at least 2 days prior to the meeting.

History.--s. 417, ch. 19355, 1939; CGL 1940 Supp. 892(80); s. 1, ch. 69-85; s. 1, ch. 69-300; s. 1, ch. 73-164; s. 1, ch. 77-35.

230.173  Removal of persons interfering with meetings.--The presiding officer of any district school board may order the removal, from a public meeting held by the school board, of any person interfering with the expeditious or orderly process of such meeting, provided such officer has first issued a warning that continued interference with the orderly processes of the meeting will result in removal. Any law enforcement authority or a sergeant-at-arms designated by the officer shall remove any person ordered removed pursuant to this section.

History.--s. 6, ch. 79-213; ss. 13, 16, ch. 79-385; s. 7, ch. 80-378.

230.18  Majority a quorum.--A majority shall constitute a quorum for any meeting of the school board. No business may be transacted at any meeting unless a quorum is present, except that a minority of the school board may adjourn the meeting from time to time until a quorum is present.

History.--s. 418, ch. 19355, 1939; CGL 1940 Supp. 892(81); s. 1, ch. 69-300.

230.19  Vacancies; how filled.--The office of any school board member shall be vacant when the member removes his or her residence from the school board member residence area from which he or she was elected. All vacancies on the school board shall be filled by appointment by the Governor.

History.--s. 419, ch. 19355, 1939; CGL 1940 Supp. 892(82); s. 1, ch. 69-300; s. 1227, ch. 95-147.

230.201  District school board members; travel expenses.--

(1)  In addition to the salary provided in s. 230.202, each member of a school board shall be allowed, from the district school fund, reimbursement of travel expenses as authorized in s. 112.061, except as provided in subsection (2). Any travel outside the district shall also be governed by the rules and regulations of the state board.

(2)  Each district school board is authorized and empowered to reimburse a school board member for travel expenses for travel from the member's residence incurred in the performance of a public purpose authorized by law to be performed by the school board, including, but not limited to, attendance at regular and special board meetings. Mileage allowance in the amount provided by law for reimbursement of travel expenses, when authorized, shall be computed from the member's place of residence to the place of the meeting or function and return.

History.--s. 25, ch. 29754 and s. 37, ch. 29764, 1955; s. 4, ch. 57-249; s. 9, ch. 63-400; s. 1, ch. 69-300; s. 133, ch. 81-259; s. 1, ch. 82-204.

Note.--Former s. 242.02.

230.202  District school board members; compensation.--

(1)  Each member of the district school board shall receive as salary the amount indicated, based on the population of the member's county. In addition, compensation shall be made for population increments over the minimum for each population group, which shall be determined by multiplying the population in excess of the minimum for the group times the group rate. Laws which increase the base salary herein provided shall contain provisions on no other subject.

Pop. Group	County Pop. Range		Base Salary	Group Rate
	Minimum	Maximum
I	-0-	9,999	$ 5,000	$0.083300
II	10,000	49,999	5,833	0.020830
III	50,000	99,999	6,666	0.016680
IV	100,000	199,999	7,500	0.008330
V	200,000	399,999	8,333	0.004165
VI	400,000	999,999	9,166	0.001390
VII	1,000,000		10,000	0.000000

(2)  Notwithstanding provisions of chapter 145 or this chapter to the contrary, the annual salaries of district school board members for 1993 and each year thereafter shall be established at the same amounts as those members were paid for fiscal year 1991-1992, adjusted by each annual increase provided for in chapter 145. Any salary previously paid to district school board members which was consistent with chapter 145 and this section is hereby ratified and validated.

History.--s. 1, ch. 61-461; s. 1, ch. 63-560; s. 1, ch. 65-356; s. 2, ch. 67-576; s. 5, ch. 69-346; s. 3, ch. 73-173; ss. 10, 20, ch. 80-377; s. 4, ch. 93-146; s. 1228, ch. 95-147.

Note.--Former s. 145.041.

230.21  School board to constitute a corporation.--The governing body of each school district shall be a school board. Each school board is constituted a body corporate by the name of "The School Board of _____ County, Florida." In all suits against school boards, service of process shall be had on the chair of the school board or, if he or she cannot be found, on the superintendent as executive officer of the school board or, in the absence of the chair and the superintendent, on another member of the school board.

History.--s. 421, ch. 19355, 1939; CGL 1940 Supp. 892(84); s. 1, ch. 69-300; s. 3, ch. 70-401; s. 1229, ch. 95-147.

230.22  General powers of school board.--The school board, after considering recommendations submitted by the superintendent, shall exercise the following general powers:

(1)  Determine policies and programs deemed necessary by it for the efficient operation and general improvement of the district school system.

(2)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon it to supplement those prescribed by the state board and the commissioner.

(3)  Prescribe and adopt standards as are considered desirable by it for improving the district school system.

(4)  Contract, sue, and be sued. The school board shall constitute the contracting agent for the district school system.

(5)  Perform duties and exercise those responsibilities which are assigned to it by law or by rules of the state board or the commissioner and, in addition thereto, those which it may find to be necessary for the improvement of the district school system in carrying out the purposes and objectives of the school code.

(6)  Assign students to schools.

History.--s. 422, ch. 19355, 1939; CGL 1940 Supp. 892(85); s. 21, ch. 65-239; s. 1, ch. 69-300; s. 26, ch. 72-221; s. 33, ch. 73-338; s. 6, ch. 74-100; s. 11, ch. 76-223; s. 1, ch. 89-206; s. 65, ch. 95-267; ss. 3, 104, ch. 97-190; s. 30, ch. 98-200.

230.23  Powers and duties of school board.--The school board, acting as a board, shall exercise all powers and perform all duties listed below:

(1)  REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require the superintendent, as secretary, to keep such minutes and records as are necessary to set forth clearly all actions and proceedings of the school board.

(a)  Minutes, recording.--The minutes of each meeting shall be reviewed, corrected if necessary, and approved at the next regular meeting; provided, that this action may be taken at an intervening special meeting if the board desires. The minutes shall be kept as a public record in a permanent location.

(b)  Minutes, contents.--The minutes shall show the vote of each member present on all matters on which the board takes action. It shall be the duty of each member to see to it that both the matter and his or her vote thereon are properly recorded in the minutes. Unless otherwise shown by the minutes, it shall be presumed that the vote of each member present supported any action taken by the board in either the exercise of, violation of, or neglect of the powers and duties imposed upon the board by law or legal regulation, whether such action is recorded in the minutes or is otherwise established. It shall also be presumed that the policies, appointments, programs, and expenditures not recorded in the minutes but made and actually in effect in the district school system were made and put into effect at the direction of the school board, unless it can be shown that they were done without the actual or constructive knowledge of the members of the board.

(2)  CONTROL PROPERTY.--Subject to rules of the state board, control property and convey the title to real and personal property.

(3)  ADOPT SCHOOL PROGRAM.--Adopt a school program for the entire school district.

(4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS.--Adopt and provide for the execution of plans for the establishment, organization, and operation of the schools of the district, including, but not limited to, the following:

(a)  Schools and enrollment plans.--Establish schools and adopt enrollment plans that may include school attendance areas and open enrollment provisions.

(b)  Elimination of school centers and consolidation of schools.--Provide for the elimination of school centers and the consolidation of schools.

(c)  Adequate educational facilities for all children without tuition.--Provide adequate educational facilities for all children without payment of tuition.

(d)  Cooperate with boards of adjoining districts in maintaining schools.--Approve plans for cooperating with school boards of adjoining districts in this state or in adjoining states for establishing school attendance areas composed of territory lying within the districts and for the joint maintenance of district-line schools or other schools which are to serve those attendance areas. The conditions of such cooperation shall be as follows:

1.  Establishment.--The establishment of a school to serve attendance areas lying in more than one district and the plans for maintaining the school and providing educational services to pupils shall be effected by annual resolutions spread upon the minutes of each school board concerned, which resolutions shall set out the territorial limits of the areas from which children are to attend the school and the plan to be followed in maintaining and operating the school.

2.  Control.--Control of the school or schools involved shall be vested in the school board of the district in which the school or schools are located unless otherwise agreed by the school boards.

3.  Settlement of disagreements.--In the event an agreement cannot be reached relating to such attendance areas or to the school or schools therein, the matter may be referred jointly by the cooperating school boards or by either school board to the Department of Education for decision under regulations of the state board, and its decision shall be binding on both school boards.

(e)  Classification and standardization of schools.--Provide for the classification and standardization of schools.

(f)  Opening and closing of schools; fixing uniform date.--Adopt policies for the opening and closing of schools and fix uniform dates.

(g)  Observance of school holidays and vacation periods.--Designate the observance of school holidays and vacation periods.

(h)  Vocational classes and schools.--Provide for the establishment and maintenance of vocational schools, departments, or classes, giving instruction in career education as defined by regulations of the state board, and use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools or classes.

(i)  School boards authorized to establish public evening schools.--Have the authority to establish public evening schools.

(j)  Cooperate with other agencies in joint projects.--Cooperate with other agencies in joint projects.

(k)  Planning time for teachers.--The board may adopt plans and regulations which will make provisions for teachers to have time for lunch and some planning time when they will not be directly responsible for the children; provided that some adult supervision will be furnished for the students during such periods.

(l)  Comprehensive program of staff development.--Establish a comprehensive program of staff development.

(m)  Exceptional students.--Provide for an appropriate program of special instruction, facilities, and services for exceptional students as prescribed by the state board as acceptable, including provisions that:

1.  The school board provide the necessary professional services for diagnosis and evaluation of exceptional students.

2.  The school board provide the special instruction, classes, and services, either within the district school system, in cooperation with other district school systems, or through contractual arrangements with approved nonpublic schools or community facilities which meet standards established by the commissioner.

3.  The school board annually provide information describing the Florida School for the Deaf and the Blind and all other programs and methods of instruction available to the parent or guardian of a sensory-impaired student.

4.  The school board, once every 3 years, submit to the department its proposed procedures for the provision of special instruction and services for exceptional students.

5.  No student be given special instruction or services as an exceptional student until after he or she has been properly evaluated, classified, and placed in the manner prescribed by rules of the commissioner. The parent or guardian of an exceptional student evaluated and placed or denied placement in a program of special education shall be notified of each such evaluation and placement or denial. Such notice shall contain a statement informing the parent or guardian that he or she is entitled to a due process hearing on the identification, evaluation, and placement, or lack thereof. Such hearings shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011, and any records created as a result of such hearings shall be confidential and exempt from the provisions of s. 119.07(1), to the extent that the commissioner adopts rules establishing other procedures. The hearing must be conducted by an administrative law judge from the Division of Administrative Hearings of the Department of Management Services. The decision of the administrative law judge shall be final, except that any party aggrieved by the finding and decision rendered by the administrative law judge shall have the right to bring a civil action in the circuit court. In such an action, the court shall receive the records of the administrative hearing and shall hear additional evidence at the request of either party. In the alternative, any party aggrieved by the finding and decision rendered by the administrative law judge shall have the right to request an impartial review of the administrative law judge's order by the district court of appeal as provided by s. 120.68. Notwithstanding any law to the contrary, during the pendency of any proceeding conducted pursuant to this section, unless the district school board and the parents or guardian otherwise agree, the child shall remain in his or her then-current educational assignment or, if applying for initial admission to a public school, shall be assigned, with the consent of the parents or guardian, in the public school program until all such proceedings have been completed.

6.  In providing for the education of exceptional students, the superintendent, principals, and teachers shall utilize the regular school facilities and adapt them to the needs of exceptional students to the maximum extent appropriate. Segregation of exceptional students shall occur only if the nature or severity of the exceptionality is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(n)  Alternative education programs for students in residential care facilities.--Provide educational programs according to rules of the state board to students who reside in residential care facilities operated by the Department of Children and Family Services.

1.  The district school board shall not be charged any rent, maintenance, utilities, or overhead on such facilities. Maintenance, repairs, and remodeling of existing facilities shall be provided by the Department of Children and Family Services.

2.  If additional facilities are required, the district school board and the Department of Children and Family Services shall agree on the appropriate site based on the instructional needs of the students. When the most appropriate site for instruction is on district school board property, a special capital outlay request shall be made by the commissioner in accordance with s. 235.41. When the most appropriate site is on state property, state capital outlay funds shall be requested by the Department of Children and Family Services as provided by s. 216.043 and shall be submitted as specified by s. 216.023. Any instructional facility to be built on state property shall have educational specifications jointly developed by the school district and the Department of Children and Family Services and approved by the Department of Education. The size of space and occupant design capacity criteria as provided by state board rules shall be used for remodeling or new construction whether facilities are provided on state property or district school board property. The planning of such additional facilities shall incorporate current Department of Children and Family Services deinstitutionalization plans.

3.  The school board shall have full and complete authority in the matter of the assignment and placement of such students in educational programs. The parent or guardian of exceptional students shall have the due process rights provided for in subparagraph (m)5.

4.  The school board shall have a written agreement with the Department of Children and Family Services outlining the respective duties and responsibilities of each party.

Notwithstanding the provisions herein, the educational program at the Marianna Sunland Center in Jackson County shall be operated by the Department of Education, either directly or through grants or contractual agreements with other public or duly accredited educational agencies approved by the Department of Education.

(o)  Early childhood and basic skills development.--Provide for early childhood and basic skills development.

(p)  Educational services in detention facilities.--Minors who have not graduated from high school and eligible students with disabilities under the age of 22 who have not graduated with a standard diploma or its equivalent who are detained in a county or municipal detention facility as defined in s. 951.23 shall be offered educational services by the local school district in which the facility is located. These educational services shall be based upon the estimated length of time the youth will be in the facility and the youth's current level of functioning. School district superintendents or their designees shall be notified by the county sheriff or chief correctional officer, or his or her designee, upon the assignment of a youth under the age of 21 to the facility. A cooperative agreement with the local school district and applicable law enforcement units shall be developed to address the notification requirement and the provision of educational services to these youth.

(5)  PERSONNEL.--Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the requirements of chapter 231:

(a)  Positions, qualifications, and appointments.--Act upon written recommendations submitted by the superintendent of schools for positions to be filled and for minimum qualifications for personnel for the various positions and act upon written nominations of persons to fill such positions. The superintendent of schools' recommendations for filling institutional positions at the school level must consider nominations received from school principals of the respective schools. The district school board may reject for good cause any employee nominated. If the third nomination by the superintendent of schools for any position is rejected for good cause, if the superintendent of schools fails to submit a nomination for initial employment within a reasonable time as prescribed by the district school board, or if the superintendent of schools fails to submit a nomination for reemployment within the time prescribed by law, the district school board may proceed on its own motion to fill such position. The district school board's decision to reject a person's nomination does not give that person a right of action to sue over the rejection and may not be used as a cause of action by the nominated employee.

(b)  Action on nominations.--Act not later than 3 weeks after the end of the regular legislative session on the nominations by the superintendent of supervisors, principals, and members of the instructional staff.

(c)  Compensation and salary schedules.--Adopt a salary schedule or salary schedules designed to furnish incentives for improvement in training and for continued efficient service to be used as a basis for paying all school employees and fix and authorize the compensation of school employees on the basis thereof. A district school board, in determining the salary schedule for instructional personnel, must base a portion of each employee's compensation on performance demonstrated under s. 231.29, must consider the prior teaching experience of a person who has been designated state teacher of the year by any state in the United States, and must consider prior professional experience in the field of education gained in positions in addition to district level instructional and administrative positions. In developing the salary schedule, the district school board shall seek input from parents, teachers, and representatives of the business community. By June 30, 2002, or beginning with the full implementation of an annual assessment of learning gains, whichever occurs later, the adopted district school board budget must include a reserve to fully fund an additional 5 percent supplement for school administrators and instructional personnel. The district's performance-pay policy is subject to negotiation as provided in chapter 447; however, the adopted salary schedule must allow school administrators and instructional personnel who demonstrate outstanding performance, as measured under s. 231.29, to earn a 5 percent supplement in addition to their individual, negotiated salary. The supplements will be funded from the reserve funds adopted in the salary schedule. The Commissioner of Education shall determine whether the district school board's adopted salary schedule complies with the requirement for performance-based pay. If the district school board fails to comply by the required date, the commissioner shall withhold disbursements from the Educational Enhancement Trust Fund to the district until compliance is verified.

(d)  Contracts and terms of service.--Provide written contracts for all regular members of the instructional staff.

(e)  Transfer and promotion.--Act on recommendations of the superintendent regarding transfer and promotion of any employee.

(f)  Suspension and dismissal and return to annual contract status.--Suspend, dismiss, or return to annual contract members of the instructional staff and other school employees; however, no administrative assistant, supervisor, principal, teacher, or other member of the instructional staff may be discharged, removed, or returned to annual contract except as provided in chapter 231.

(g)  Awards and incentives.--Provide for recognition of district employees, students, school volunteers, and advisory committee members who have contributed outstanding and meritorious service in their fields or service areas. After considering recommendations of the superintendent, the board shall adopt rules establishing and regulating the meritorious service awards necessary for the efficient operation of the program. An award or incentive granted under this paragraph may not be considered in determining the salary schedules required by paragraph (c). Monetary awards shall be limited to persons who propose procedures or ideas adopted by the board which will result in eliminating or reducing school board expenditures or improving district or school center operations. Nonmonetary awards shall include, but are not limited to, certificates, plaques, medals, ribbons, and photographs. The school board may expend funds for such recognition and awards. No award granted under this paragraph shall exceed $2,000 or 10 percent of the first year's gross savings, whichever is greater.

(6)  CHILD WELFARE.--Provide for the proper accounting for all children of school age, for the attendance and control of pupils at school, and for proper attention to health, safety, and other matters relating to the welfare of children in the following fields, as prescribed in chapter 232.

(a)  Admission, classification, promotion, and graduation of pupils.--Adopt rules and regulations for admitting, classifying, promoting, and graduating pupils to or from the various schools of the district.

(b)  Enforcement of attendance laws.--Provide for the enforcement of all laws and regulations relating to the attendance of pupils at school.

(c)  Control of pupils.--

1.  Adopt rules and regulations for the control, discipline, in-school suspension, suspension, and expulsion of pupils and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the pupil's parent or legal guardian must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The school board shall have the authority to prohibit the use of corporal punishment, provided that the school board adopts or has adopted a written program of alternative control or discipline.

2.  Have the authority as the school board of a receiving school district to honor the final order of expulsion or dismissal of a student by any in-state or out-of-state public school board or private school, or developmental research school, for an act which would have been grounds for expulsion according to the receiving school district's code of student conduct, in accordance with the following procedures:

a.  A final order of expulsion shall be recorded in the records of the receiving school district.

b.  The expelled student applying for admission to the receiving school district shall be advised of the final order of expulsion.

c.  The superintendent of schools of the receiving school district may recommend to the school board that the final order of expulsion be waived and the student be admitted to the school district, or that the final order of expulsion be honored and the student not be admitted to the school district. If the student is admitted by the school board, with or without the recommendation of the superintendent, the student may be placed in an appropriate educational program at the direction of the school board.

(d)  Code of student conduct.--Adopt a code of student conduct for elementary schools and a code of student conduct for secondary schools and distribute the appropriate code to all teachers, school personnel, students, and parents or guardians, at the beginning of every school year. Each code shall be organized and written in language that is understandable to students and parents and shall be discussed at the beginning of every school year in student classes, school advisory council meetings, and parent and teacher association meetings. Each code shall be based on the rules governing student conduct and discipline adopted by the district school board and shall be made available in the student handbook or similar publication. Each code shall include, but not be limited to:

1.  Consistent policies and specific grounds for disciplinary action, including in-school suspension, out-of-school suspension, expulsion, and any disciplinary action that may be imposed for the possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances as defined in chapter 893.

2.  Procedures to be followed for acts requiring discipline, including corporal punishment.

3.  An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.

4.  Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, or possession of electronic telephone pagers, by any student while such student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed.

5.  Notice that the possession of a firearm, a knife, or a weapon by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution.

6.  Notice that violence against any school district personnel by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.

7.  Notice that violation of district school board transportation policies, including disruptive behavior on a school bus or at a school bus stop, by a student is grounds for suspension of the student's privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed.

8.  Notice that violation of the district school board's sexual harassment policy by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.

9.  Policies to be followed for the assignment of violent or disruptive students to an alternative educational program.

10.  Notice that any student who is determined to have brought a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year and referred for criminal prosecution. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system.

11.  Notice that any student who is determined to have made a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel's property, school transportation, or a school-sponsored activity will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year and referred for criminal prosecution. District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Superintendents of schools may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system.

(e)  Student crime watch program.--By resolution of the district school board, implement a student crime watch program to promote responsibility among students and to assist in the control of criminal behavior within the schools.

(f)  Emergency drills; emergency procedures.--

1.  The district school board shall formulate and prescribe policies and procedures for emergency drills and for actual emergencies, including, but not limited to, fires, natural disasters, and bomb threats, for all the public schools of the district which comprise grades K-12. District policies shall include commonly used alarm system responses for specific types of emergencies and verification by each school that drills have been provided as required by law and fire protection codes.

2.  The district school board shall establish model emergency management and emergency preparedness procedures for the following life-threatening emergencies:

a.  Weapon-use and hostage situations.

b.  Hazardous materials or toxic chemical spills.

c.  Weather emergencies, including hurricanes, tornadoes, and severe storms.

d.  Exposure as a result of a manmade emergency.

(7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS.--Provide adequate instructional materials for all children as follows and in accordance with the requirements of chapter 233. For purposes of this subsection, the term "adequate instructional materials" means a sufficient number of textbooks or sets of materials serving as the basis for instruction for each student in the core courses of mathematics, language arts, social studies, science, reading, and literature, except for instruction for which the school advisory council approves the use of a program that does not include a textbook as a major tool of instruction.

(a)  Courses of study; adoption.--Adopt courses of study for use in the schools of the district.

(b)  Textbooks.--Provide for proper requisitioning, distribution, accounting, storage, care, and use of all instructional materials furnished by the state and furnish such other instructional materials as may be needed. The school board is responsible for assuring that instructional materials used in the district are consistent with the district goals and objectives and the curriculum frameworks approved by the State Board of Education, as well as with the state and district performance standards provided for in ss. 229.565 and 232.2454.

(c)  Other instructional materials.--Provide such other teaching accessories and aids as are needed to carry out the program.

(d)  School library media services; establishment and maintenance.--Establish and maintain school library media centers, or school library media centers open to the public, and, in addition thereto, such traveling or circulating libraries as may be needed for the proper operation of the district school system. Establish and maintain a program of school library media services for all public schools.

(8)  TRANSPORTATION OF PUPILS.--After considering recommendations of the superintendent, make provision for the transportation of pupils to the public schools or school activities they are required or expected to attend; authorize transportation routes arranged efficiently and economically; provide the necessary transportation facilities, and, when authorized under regulations of the state board and if more economical to do so, provide limited subsistence in lieu thereof; and adopt the necessary rules and regulations to ensure safety, economy, and efficiency in the operation of all buses, as prescribed in chapter 234.

(9)  SCHOOL PLANT.--Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in chapter 235 and as follows:

(a)  School building program.--Approve and adopt a districtwide school building program.

(b)  Sites, buildings, and equipment.--

1.  Select and purchase school sites, playgrounds, and recreational areas located at centers at which schools are to be constructed, of adequate size to meet the needs of projected pupils to be accommodated.

2.  Approve the proposed purchase of any site, playground, or recreational area for which district funds are to be used.

3.  Expand existing sites.

4.  Rent buildings when necessary.

5.  Enter into leases or lease-purchase arrangements, in accordance with the requirements and conditions provided in s. 235.056(2), with private individuals or corporations for the rental of necessary grounds and educational facilities for school purposes or of educational facilities to be erected for school purposes. Current or other funds authorized by law may be used to make payments under a lease-purchase agreement. Notwithstanding any other statutes, if the rental is to be paid from funds received from ad valorem taxation and the agreement is for a period greater than 12 months, an approving referendum must be held. The provisions of such contracts, including building plans, shall be subject to approval by the Department of Education, and no such contract shall be entered into without such approval. As used in this section, "educational facilities" means the buildings and equipment which are built, installed, or established to serve educational purposes and which may lawfully be used. The Commissioner of Education may adopt such rules as are necessary to implement the provisions hereof.

6.  Provide for the proper supervision of construction.

7.  Make or contract for additions, alterations, and repairs on buildings and other school properties.

8.  Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of pupils, as well as for economy of construction.

(c)  Maintenance and upkeep of school plant.--Provide adequately for the proper maintenance and upkeep of school plants, so that children may attend school without sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and other supplies and utilities necessary for the operation of the schools.

(d)  Insurance of school property.--Carry insurance on every school building in all school plants including contents, boilers, and machinery, except buildings of three classrooms or less which are of frame construction and located in a tenth class public protection zone as defined by the Florida Inspection and Rating Bureau, and on all school buses and other property under the control of the school board or title to which is vested in the school board, except as exceptions may be authorized under regulations of the commissioner.

(e)  Condemnation of buildings.--Condemn and prohibit the use for public school purposes of any building which can be shown for sanitary or other reasons to be no longer suitable for such use and, when any building is condemned by any state or other government agency as authorized in chapter 235, see that it is no longer used for school purposes.

(10)  FINANCE.--Take steps to assure children adequate educational facilities through the financial procedure authorized in chapters 236 and 237 and as prescribed below:

(a)  Provide for all schools to operate at least 180 days.--Provide for the operation of all public schools, both elementary and secondary, as free schools for a term of at least 180 days or the equivalent on an hourly basis as specified by regulations of the State Board of Education; determine district school funds necessary in addition to state funds to operate all schools for such minimum term; arrange for the levying of district school taxes necessary to provide the amount needed from district sources.

(b)  Annual budget.--Cause to be prepared, adopt, and have submitted to the Department of Education as required by law and by regulations of the state board, the annual school budget, such budget to be so prepared and executed as to promote the improvement of the district school system.

(c)  Tax levies.--Adopt and spread on its minutes a resolution fixing the district school tax levy, provided for under s. 9, Art. VII of the State Constitution, necessary to carry on the school program adopted for the district for the next ensuing fiscal year as required by law, and fixing the district bond interest and sinking fund tax levy necessary for districts against which bonds are outstanding; adopt and spread on its minutes a resolution suggesting the tax levy provided for in s. 9, Art. VII of the State Constitution, found necessary to carry on the school program adopted for the district for the next ensuing fiscal year.

(d)  School funds.--Require that an accurate account is kept of all funds which should be transmitted to the school board for school purposes at various periods during the year from all sources and, if any funds are not transmitted promptly, take the necessary steps to have such funds made available.

(e)  Borrow money.--Borrow money, as prescribed in ss. 237.141-237.171, when necessary in anticipation of funds reasonably to be expected during the year as shown by the budget.

(f)  Financial records and accounts.--Provide for keeping of accurate records of all financial transactions.

(g)  Approval and payment of accounts.--Implement a system of accounting and budgetary control to ensure that payments do not exceed amounts budgeted, as required by law; make available all records for proper audit by state officials; and have prepared required periodic statements to be filed with the Department of Education as provided by rules of the state board.

(h)  Bonds of employees.--Fix and prescribe the bonds, and pay the premium on all such bonds, of all school employees who are responsible for school funds in order to provide reasonable safeguards for all such funds or property.

(i)  Contracts for materials, supplies, and services.--Contract for materials, supplies, and services needed for the district school system. No contract for supplying these needs shall be made with any member of the school board, with the superintendent, or with any business organization in which any school board member or the superintendent has any financial interest whatsoever.

(j)  Purchasing regulations to be secured from Department of Management Services.--Secure purchasing regulations and amendments and changes thereto from the Department of Management Services and prior to any purchase have reported to it by its staff, and give consideration to the lowest price available to it under such regulations, provided a regulation applicable to the item or items being purchased has been adopted by the department. The department should meet with educational administrators to expand the inventory of standard items for common usage in all schools and higher education institutions.

(k)  Protection against loss.--Provide for adequate protection against any loss or damage to school property or loss resulting from any liability for which the board or its officers, agents, or employees may be responsible under law. In fulfilling this responsibility, the board is authorized and empowered to purchase insurance, to be self-insured, to enter into risk management programs managed by district school boards, school-related associations, or insurance companies, or to have any combination thereof in any area to the extent the board is either authorized or required by law to contract for insurance. Any risk management program entered into pursuant to this subsection shall provide for strict accountability of all funds to the member school boards and an annual audit by an independent certified public accountant of all receipts and disbursements.

(11)  RECORDS AND REPORTS.--Provide for the keeping of all necessary records and the making of all needed or required reports, as follows:

(a)  Forms, blanks, and reports.--Require all employees to keep accurately all records and to make promptly in the proper form all reports required by law or by regulations of the state board or of the commissioner.

(b)  Reports to the department.--Require that the superintendent prepare all reports to the Department of Education that may be required by law or regulations of the state board or of the commissioner; see that all such reports are promptly transmitted to the department; withhold the further payment of salary to the superintendent or employee when notified by the department that he or she has failed to file any report within the time or in the manner prescribed; and continue to withhold the salary until the school board is notified by the department that such report has been received and accepted; provided, that when any report has not been received by the date due and after due notice has been given to the school board of that fact, the department, if it deems necessary, may require the report to be prepared by a member of its staff, and the school board shall pay all expenses connected therewith. Any member of the school board who is responsible for the violation of this provision is subject to suspension and removal.

(c)  Reports to parents.--At regular intervals reports shall be made by principals or teachers in public schools to parents or those having parental authority over the children enrolled and in attendance upon their schools, apprising them of the progress being made by the pupils in their studies and giving other needful information.

(12)  COOPERATION WITH OTHER DISTRICT SCHOOL BOARDS.--May establish and participate in educational consortia that are designed to provide joint programs and services to cooperating school districts, consistent with the provisions of s. 4(b), Art. IX of the State Constitution. The Commissioner of Education shall adopt rules providing for the establishment, funding, administration, and operation of such consortia.

(13)  ENFORCEMENT OF LAW AND RULES AND REGULATIONS.--Require that all laws and rules and regulations of the state board, of the commissioner, or of the school board are properly enforced.

(14)  SCHOOL LUNCH PROGRAM.--Assume such responsibilities and exercise such powers and perform such duties as may be assigned to it by law or as may be required by regulations of the commissioner or as in the opinion of the school board are necessary to assure school lunch services, consistent with needs of pupils; effective and efficient operation of the program; and the proper articulation of the school lunch program with other phases of education in the district.

(15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT PROGRAM.--

(a)  Adopt procedures whereby the general public can be adequately informed of the educational programs, needs, and objectives of public education within the district.

(b)  District school boards shall encourage teachers and administators to keep parents and guardians informed of student progress, student programs, and availability of resources for academic assistance.

(16)  IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Maintain a system of school improvement and education accountability as provided by statute and State Board of Education rule. This system of school improvement and education accountability shall be consistent with, and implemented through, the district's continuing system of planning and budgeting required by this section and ss. 229.555 and 237.041. This system of school improvement and education accountability shall include, but is not limited to, the following:

(a)  School improvement plans.--Annually approve and require implementation of a new, amended, or continuation school improvement plan for each school in the district, except that a school board may establish a district school improvement plan which includes all schools in the district operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs. Such plan shall be designed to achieve the state education goals and student performance standards pursuant to ss. 229.591(3) and 229.592. Beginning in 1999-2000, each plan shall also address issues relative to budget, training, instructional materials, technology, staffing, student support services, specific school safety and discipline strategies, and other matters of resource allocation, as determined by school board policy, and shall be based on an analysis of student achievement and other school performance data.

(b)  Approval process.--Develop a process for approval of a school improvement plan presented by an individual school and its advisory council. In the event a board does not approve a school improvement plan after exhausting this process, the Department of Education shall be notified of the need for assistance.

(c)  Assistance and intervention.--

1.  Develop a 2-year plan of increasing individualized assistance and intervention for each school in danger of not meeting state standards or making adequate progress, as defined pursuant to statute and State Board of Education rule, toward meeting the goals and standards of its approved school improvement plan.

2.  A school that is identified as being in performance grade category "D" pursuant to s. 229.57 is in danger of failing and must be provided assistance and intervention.

3.a.  Each district school board shall develop a plan to encourage teachers with demonstrated mastery in improving student performance to remain at or transfer to a school designated as performance grade category "D" or "F" or to an alternative school that serves disruptive or violent youths. If a classroom teacher, as defined by s. 228.041(9)(a), who meets the definition of teaching mastery developed according to the provisions of this paragraph, requests assignment to a school designated as performance grade category "D" or "F" or to an alternative school that serves disruptive or violent youths, the district school board shall make every practical effort to grant the request.

b.  For initial implementation in 2000-2001 and until full implementation of an annual assessment of learning gains, a classroom teacher who is selected by the school principal based on his or her performance appraisal and student achievement data to teach at a school designated as performance grade category "D" or "F" or at an alternative that serves disruptive or violent youths shall receive a supplement of at least $1,000, not to exceed $3,500, as provided for annually in the General Appropriations Act, each year he or she teaches at a school designated as performance grade category "D" or "F" or at an alternative school that serves disruptive or violent youths.

c.  Beginning with the full implementation of an annual assessment of learning gains, a classroom teacher whose effectiveness has been proven based upon positive learning gains of his or her students as measured by annual FCAT assessments pursuant to s. 229.57, is eligible for an annual supplement of at least $1,000, not to exceed $3,500, as provided for annually in the General Appropriations Act, each year he or she teaches at a school designated as performance grade category "D" or "F" or at an alternative school that serves disruptive or violent youths.

d.  In the absence of an FCAT assessment, measurement of learning gains of students shall be as provided in s. 229.57(12). The supplement received under this paragraph shall be in addition to any supplement or bonus received as a result of other local or state pay incentives based on performance.

e.  The Commissioner of Education shall adopt rules to determine the measures that define "teaching mastery" for purposes of this subparagraph.

4.  District school boards are encouraged to prioritize the expenditures of funds received from the supplemental academic instruction categorical fund under s. 236.08104 to improve student performance in schools that receive a performance grade category designation of "D" or "F."

(d)  After 2 years.--Notify the Commissioner of Education and the State Board of Education in the event any school does not make adequate progress toward meeting the goals and standards of a school improvement plan by the end of 2 years of failing to make adequate progress and proceed according to guidelines developed pursuant to statute and State Board of Education rule. School districts shall provide intervention and assistance to schools in danger of being designated as performance grade category "F," failing to make adequate progress.

(e)  Public disclosure.--Provide information regarding performance of students and educational programs as required pursuant to ss. 229.555 and 229.57(5) and implement a system of school reports as required by statute and State Board of Education rule which shall include schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, and for those schools, report on the elements specified in s. 230.23161(21). Annual public disclosure reports shall be in an easy-to-read report card format and shall include the school's student and school performance grade category designation and performance data as specified in state board rule.

(f)  School improvement funds.--Provide funds to schools for developing and implementing school improvement plans. Such funds shall include those funds appropriated for the purpose of school improvement pursuant to s. 24.121(5)(c).

(17)  LOCAL-LEVEL DECISIONMAKING.--

(a)  Adopt policies that clearly encourage and enhance maximum decisionmaking appropriate to the school site. Such policies must include guidelines for schools in the adoption and purchase of district and school site instructional materials and technology, staff training, school advisory council member training, student support services, budgeting, and the allocation of staff resources.

(b)  Adopt waiver process policies to enable all schools to exercise maximum flexibility and notify advisory councils of processes to waive school district and state policies.

(c)  Develop policies for periodically monitoring the membership composition of school advisory councils to ensure compliance with requirements established in s. 229.58.

(d)  Adopt policies that assist in giving greater autonomy, including authority over the allocation of the school's budget, to schools designated as performance grade category "A," making excellent progress, and schools rated as having improved at least two performance grade categories.

(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing students attending schools that have been designated as performance grade category "F," failing to make adequate progress, for 2 school years in a 4-year period to attend a higher performing school in the district or an adjoining district or be granted a state opportunity scholarship to a private school, in conformance with s. 229.0537 and state board rule.

(19)  AUTHORITY TO DECLARE AN EMERGENCY.--The school board is authorized to declare an emergency in cases in which one or more schools in the district are failing or are in danger of failing and to negotiate special provisions of its contract with the appropriate bargaining units to free these schools from contract restrictions that limit the school's ability to implement programs and strategies needed to improve student performance.

(20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the anonymity of students in large schools, the district school board shall adopt policies effective for the 2002-2003 school year, and thereafter, to encourage any school that does not meet the definition of a small school, as established by s. 235.2157(2), to subdivide into schools-within-a-school, which shall operate within existing resources. A "school-within-a-school" means an operational program that uses flexible scheduling, team planning, and curricular and instructional innovation to organize groups of students with groups of teachers as smaller units, so as to functionally operate as a smaller school. Examples of this include, but are not limited to:

(a)  An organizational arrangement assigning both students and teachers to smaller units in which the students take some or all of their coursework with their fellow grouped students and from the teachers assigned to the smaller unit. A unit may be grouped together for 1 year or on a vertical, multiyear basis.

(b)  An organizational arrangement similar to that described in paragraph (a) with additional variations in instruction and curriculum. The smaller unit usually seeks to maintain a program different from that of the larger school, or of other smaller units. It may be vertically organized, but is dependent upon the school principal for its existence, budget, and staff.

(c)  A separate and autonomous smaller unit formally authorized by the district school board or superintendent of schools. The smaller unit plans and runs its own program, has its own staff and students, and receives its own separate budget. The smaller unit must negotiate the use of common space with the larger school and defer to the building principal on matters of safety and building operation.

(21)  TEACHER SUPPORT.--District school boards shall address the availability of qualified and experienced support services professionals who are trained in substance abuse or mental health to support teachers who identify students with potential problems. The district school board may address the availability of these qualified and experienced support services professionals through the use of in-school or local private providers.

(22)  ADOPT RULES.--Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section.

History.--ss. 423, 914, ch. 19355, 1939; CGL 1940 Supp. 892(86), (296); s. 1, ch. 26775, 1951; s. 1, ch. 29644, ss. 1-6, ch. 29746, s. 2, ch. 29754, s. 38, ch. 29764, 1955; s. 8, ch. 31380, 1956; s. 1, ch. 57-370; ss. 5, 6, ch. 57-249; s. 12, ch. 57-252; s. 24, ch. 57-1; s. 1, ch. 59-138; s. 1, ch. 59-339; s. 3, ch. 61-288; ss. 2-6, ch. 63-376; s. 1, ch. 65-56; ss. 23, 26, 27, 110, ch. 65-239; s. 1, ch. 65-424; s. 1, ch. 67-413; ss. 3, 4, ch. 67-438; ss. 1-3, ch. 68-13; ss. 5, 6, ch. 68-24; s. 1, ch. 69-13; ss. 15, 19, 22, 35, ch. 69-106; s. 1, ch. 69-125; ss. 28, 30, ch. 69-216; s. 1, ch. 69-300; s. 1, ch. 69-374; s. 4, ch. 69-402; s. 1, ch. 70-189; s. 1, ch. 70-194; s. 1, ch. 70-399; s. 1, ch. 70-439; s. 4, ch. 71-164; s. 2, ch. 71-192; s. 2, ch. 71-193; s. 1, ch. 71-272; s. 59, ch. 71-355; s. 57, ch. 71-377; ss. 27-35, ch. 72-221; ss. 7, 8, ch. 73-338; s. 26, ch. 73-345; ss. 17, 18, ch. 74-227; s. 10, ch. 74-356; ss. 4, 26, ch. 75-284; s. 2, ch. 76-236; s. 8, ch. 77-458; s. 1, ch. 78-94; s. 6, ch. 78-405; s. 15, ch. 78-423; s. 1, ch. 79-150; s. 1, ch. 79-151; s. 1, ch. 79-184; s. 1, ch. 79-256; ss. 1, 16, ch. 79-385; s. 1, ch. 80-118; s. 1, ch. 80-240; s. 4, ch. 80-295; s. 7, ch. 80-378; s. 9, ch. 80-414; s. 1, ch. 81-94; s. 1, ch. 81-103; s. 1, ch. 81-197; ss. 14, 50, 52, ch. 81-223; s. 1, ch. 81-247; s. 134, ch. 81-259; s. 1, ch. 82-153; s. 8, ch. 83-324; s. 4, ch. 83-325; s. 1, ch. 84-109; s. 4, ch. 84-255; s. 65, ch. 84-336; s. 1, ch. 84-349; ss. 26, 27, ch. 85-116; s. 1, ch. 85-135; ss. 1, 4, ch. 86-1; s. 1, ch. 86-77; s. 1, ch. 87-134; s. 1, ch. 87-163; s. 15, ch. 87-243; s. 2, ch. 87-284; s. 29, ch. 87-329; s. 1, ch. 88-27; ss. 1, 4, ch. 88-326; s. 1, ch. 89-166; s. 18, ch. 89-302; s. 1, ch. 90-31; s. 32, ch. 90-288; s. 58, ch. 90-360; ss. 1, 14, ch. 91-105; s. 14, ch. 91-283; s. 1, ch. 92-26; s. 2, ch. 92-130; s. 91, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 93-144; s. 4, ch. 93-198; s. 136, ch. 94-209; s. 14, ch. 94-292; s. 2, ch. 94-303; s. 1527, ch. 95-147; s. 1, ch. 95-162; s. 66, ch. 95-267; ss. 9, 30, 35, ch. 95-269; s. 2, ch. 96-225; s. 2, ch. 96-246; s. 77, ch. 96-406; s. 46, ch. 96-410; ss. 4, 105, ch. 97-190; s. 1, ch. 97-212; s. 1, ch. 98-153; s. 2, ch. 98-186; s. 4, ch. 98-271; s. 9, ch. 98-279; s. 47, ch. 99-284; s. 14, ch. 99-398; s. 10, ch. 2000-137; s. 4, ch. 2000-235; s. 13, ch. 2000-264; s. 1, ch. 2000-291; s. 3, ch. 2000-301.

Note.--Paragraph (6)(f) former s. 235.14.

230.23005  Supplemental powers and duties of school board.--The school board may exercise the following supplemental powers and duties. Any provision of chapters 228, 229, 231, 232, 233, 234, 235, and this chapter prevails over any conflicting provision of this section. The rules adopted under this section must not be inconsistent with the provisions of chapters 228, 229, 231, 232, 233, 234, 235, and this chapter.

(1)  STUDENT MANAGEMENT.--The school board may adopt programs and policies to ensure the safety and welfare of individuals, the student body, and school personnel, which programs and policies may:

(a)  Prohibit the possession of weapons and drugs on campus, student hazing, and other activities that could threaten the operation of the school or the safety and welfare of the student body or school personnel.

(b)  Require uniforms to be worn by the student body, or impose other dress-related requirements, if the board finds that those requirements are necessary for the safety or welfare of the student body or school personnel.

(c)  Provide procedures for student dismissal precautions and for granting permission for students to leave school grounds during school hours, including releasing a student from school upon request by a parent or guardian or for public appearances of school groups.

(d)  Provide procedures for managing protests, demonstrations, sit-ins, walk-outs, or other acts of civil disobedience.

(e)  Provide procedures for detaining students and for readmission of students after expulsion.

(f)  Regulate student automobile use and parking.

(2)  FISCAL MANAGEMENT.--The school board may adopt policies providing for fiscal management of the school district with respect to school purchasing, facilities, nonstate revenue sources, budgeting, fundraising, and other activities relating to the fiscal management of district resources, including, but not limited to, the policies governing:

(a)  Sales calls and demonstrations by agents, solicitors, salespersons, and vendors on campus; local preference criteria for vendors; specifications for quantity purchasing; prioritization of awards for bids; declining bid awards; and purchase requisitions, approvals, and routing.

(b)  Sales by booster clubs; marathon fundraisers; and student sales of candy, paper products, or other goods authorized by the board.

(c)  Inventory and disposal of district property; use of safe-deposit boxes; and selection of real estate appraisers.

(d)  Payment of contractors and other service providers.

(e)  Accounting systems; petty cash accounts procedures and reporting; school activities funds procedures and reporting; management and reporting of grants from private sources; and management of funds, including auxiliary enterprise funds.

(f)  District budgeting system, including setting budget deadlines and schedules, budget planning, and implementation and determination of budget priorities.

(3)  INSTRUCTIONAL AIDS.--The school board may adopt policies providing for innovative teaching techniques, teaching programs and methods, instructional aids and objectives, extracurricular and interscholastic activities, and supplemental programs including, but not limited to, policies providing for:

(a)  Use of technology, including appropriate use of the Internet as a tool for learning.

(b)  Instructional priorities and objectives, pilot projects and evaluations, curriculum adoption and design, and lesson planning.

(c)  Extracurricular and interscholastic activities, including field trips, publishing a student newspaper and other publications, and special programs relating to the arts, music, or other topics of current interest.

(d)  Participation in physical education programs, including appropriate physical education attire and protective gear; exceptional student programs for handicapped, disabled and exceptional students; summer school; and the Title I program, including comparability procedures.

(4)  FACILITIES MANAGEMENT.--The school board may adopt policies providing for management of the physical campus and its environs, including, but not limited to, energy conservation measures; building and ground maintenance; fencing, landscaping and other property improvements; site acquisition; new construction and renovation; dedication and rededication or naming and renaming of district buildings and other district facilities; and development of facilities management planning and priorities.

(5)  SCHOOL COMMUNITY RELATIONS.--The school board may adopt policies governing public gifts and donations to schools; input from the community concerning instruction resources; advertising in schools; participation in community affairs, including coordination with local governments and planning authorities; protocols for interagency agreements; business community partnerships; community use of school facilities; public solicitations in schools, including the distribution and posting of promotional materials and literature; visitors to the school campus; school advisory councils; and parent volunteers and chaperones.

(6)  LEGAL ISSUES.--The school board may adopt policies and procedures necessary to implement federal mandates and programs, court orders, and other legal requirements of the state.

(7)  FIRST AID AND EMERGENCIES.--The school board may adopt programs and policies to ensure appropriate response in emergency situations; the provision of first aid to individuals, the student body, and school personnel; and the effective management of student illness, which programs and policies may include, but are not limited to:

(a)  The provision of first aid and emergency medical care and the provision of school health care facilities and services.

(b)  The provision of school safety patrol.

(c)  Procedures for reporting hazards, including threats of nature, bomb threats, threatening messages, and similar occurrences, and the provision of warning systems including alarm systems and other technical devices.

(d)  Procedures for evacuating the classrooms, playground, or any other district facility.

(e)  Procedures for reporting accidents, including traffic accidents and traffic violations involving district-owned vehicles.

(f)  Student insurance programs.

(8)  STUDENT ASSESSMENT AND AFFAIRS.--The school board may adopt policies and procedures governing attendance monitoring and checks; truancy; graduation requirements and graduation exercises; fees, fines, and charges imposed on students; evaluation of student records and transcripts; transfer of student records; grading and academic evaluation of students; tests and examinations, including early examinations; guidance and counseling; and student participation in competitions, student performances and exhibitions, contests for students, and social events.

(9)  ADMINISTRATIVE SUPPORT SERVICES.--The school board may adopt policies and procedures governing purchase of property insurance, including comprehensive general liability insurance; transportation of students for extracurricular activities and special events, including transportation of students in privately owned vehicles; transportation of district personnel, including personal use of district owned vehicles; computer security and computer room access and computer database resources; mail and delivery services, including use of couriers; copyright compliance; computerized data systems, including computer use, transmission of data, access to the Internet, and other technology-based services.

(10)  SCHOOL BOARD GOVERNANCE AND OPERATIONS.--The school board may adopt policies and procedures necessary for the daily business operation of the school board, including, but not limited to, the provision of legal services for the school board; conducting a district legislative program; school board member participation at conferences, conventions, and workshops, including member compensation and reimbursement for expenses; school board policy development, adoption, and repeal; school board meeting procedures, including participation via telecommunications networks, use of technology at meetings, and presentations by nondistrict personnel; citizen communications with the school board and with individual school board members; collaboration with local government and other entities as required by law; and organization of the board, including special committees and advisory committees.

(11)  PERSONNEL.--The school board may adopt policies and procedures necessary for the management of all personnel of the school system.

History.--s. 2, ch. 98-153; s. 10, ch. 99-7.

230.2301  Parents may be accompanied.--At any meeting with school district personnel, a student's parent or guardian may be accompanied by another adult of his or her choice to assist the parent or guardian in communicating with school district personnel.

History.--s. 140, ch. 94-209; s. 1528, ch. 95-147; s. 5, ch. 97-190.

230.23015  Students violating s. 784.081; expulsion or placement in alternative school setting.--Notwithstanding any other provision of law, each district school board shall adopt rules providing that any student found to have committed a violation of s. 784.081(1), (2), or (3) shall be expelled or placed in an alternative school setting or other youth services or justice program, as appropriate. Upon being charged with the offense, the student shall be removed from the classroom immediately and placed in an alternative school setting pending disposition.

History.--s. 6, ch. 96-293; s. 21, ch. 97-234.

230.2302  Performance review.--

(1)  Each school district may be subject to a performance review pursuant to s. 11.515. The purpose of the performance review is to assist a school district in identifying ways that it can save funds, improve management, and increase efficiency and effectiveness. Cost savings identified by the review and accrued as a result of the implementation of program revisions shall remain within the school district.

(2)  The Legislature shall designate in the General Appropriations Act those school districts subject to a performance review. Such school districts shall have expressed their desire, by majority vote of their school board, to undergo the review. In each General Appropriations Act, the Legislature shall designate at least one small, one medium, and one large school district to undergo a performance review.

History.--s. 3, ch. 96-380.

230.23025  Best financial management practices; standards; reviews; designation of districts.--

(1)  The Office of Program Policy Analysis and Government Accountability (OPPAGA) and the Office of the Auditor General are directed to develop a system for reviewing the financial management practices of school districts. In this system, OPPAGA and the Auditor General shall jointly examine district operations to determine whether they meet "best financial management practices." The best financial management practices adopted by the Commissioner of Education may be updated periodically after consultation with the Legislature, the Governor, the SMART Schools Clearinghouse, OPPAGA, and the Auditor General. The best financial management practices, at a minimum, must instill public confidence by addressing the following areas:

(a)  Efficient use of resources, use of lottery proceeds, student transportation and food service operations, management structures, and personnel systems and benefits, instructional materials, and administrative and instructional technology.

(b)  Compliance with generally accepted accounting principles and state and federal laws relating to financial management.

(c)  Performance accountability systems, including performance measurement reports to the public, internal auditing, financial auditing, and information made available to support decisionmaking.

(d)  Cost control systems, including asset, risk, and financial management, purchasing, and information system controls.

(e)  Safety and security practices at the district and school levels.

¹(2)  School districts may, by a unanimous vote of the membership of the school board, apply to OPPAGA for a complete best financial management practice review or a review of components of the best financial management practices, including management, personnel, transportation, and food and nutrition services. OPPAGA shall prioritize districts for review based on their growth rates and demonstrated need for review. The director of OPPAGA may, at his or her discretion, contract with private consultants to perform part or all of the review of any district. Districts applying for a complete review shall contribute 50 percent of review costs, unless funding for the entire cost of the review is specifically provided by the Legislature. Districts applying for a review of a component shall contribute 75 percent of the review cost. All moneys contributed by any school district under this section toward the cost of a complete or component best financial management practices review of the district shall be deposited into the Florida School District Review Trust Fund administered by OPPAGA.

(3)  District reviews conducted under this section must be completed within 6 months after commencement. OPPAGA shall issue a report to the district regarding its financial management practices and cost savings recommendations within 60 days after completing the reviews. If the district is found not to conform to best financial management practices, the report must contain a plan of action detailing how the district could meet the best practices within 2 years.

(4)  District school boards that agree by a majority plus one vote to institute the action plan shall submit an annual report to the Legislature, the Governor, the SMART Schools Clearinghouse, OPPAGA, the Auditor General, and the Commissioner of Education on progress made towards implementing the plan and whether changes have occurred in other areas of operation which would affect compliance with the best practices. Such districts shall be reviewed annually by OPPAGA, in addition to the annual financial audit required under s. 11.45, to determine whether they have attained compliance with the best financial management practices in the areas covered by the plan. Districts that are found to comply with the best financial management practices shall receive a "Seal of Best Financial Management" by the State Board of Education certifying that the district is adhering to the state's best financial management practices. This designation shall be effective for a 5-year period, after which the district school board may reapply for the designation to be granted after another financial management practice review. During the designation period, the district school board shall annually notify the SMART Schools Clearinghouse, OPPAGA, the Auditor General, and the State Board of Education of any changes in policies or operations or any other situations that would not conform to the state's best financial management practices. The State Board of Education may revoke the designation of a district at any time if it determines that a district is no longer complying with the state's best financial management practices.

(5)  Any audit or performance review of one or more of the designated components conducted or supervised by OPPAGA or the Department of Management Services, and completed within 2 years before the date of application to OPPAGA for a best financial practices review, may serve as all or part of the audit or review required as the examination of district operations necessary for a determination of whether a district meets the "best financial management practices" designation. The cost contribution requirements of subsection (2) do not apply to any such audit or performance review.

History.--s. 11, ch. 97-265; s. 22, ch. 97-384; s. 4, ch. 98-225; s. 5, ch. 2000-235; s. 20, ch. 2000-291.

¹Note.--The amendment to subsection (2) by s. 4, ch. 98-225, failed to incorporate the amendment by s. 22, ch. 97-384. Absent affirmative evidence that the Legislature intended to omit those changes, they are included here pending further clarification by the Legislature. As amended by s. 4, ch. 98-225, only, subsection (2) reads:

(2)  School districts may, by a unanimous vote of the membership of the school board, apply to OPPAGA for financial management practice reviews. OPPAGA shall prioritize districts for review based on their growth rates and demonstrated need for review. The director of OPPAGA may, at his or her discretion, contract with private consultants to perform part or all of the review of any district. Districts applying for review shall contribute 50 percent of review costs, unless funding for the entire cost of the review is specifically provided by the Legislature or the district has had a performance review pursuant to ss. 11.515 and 230.2302. All moneys contributed by any school district under this section toward the cost of a complete or component best financial management practices review of the district shall be deposited into the Florida School District Review Trust Fund administered by OPPAGA.

230.23026  Florida School District Review Trust Fund.--

(1)  The Florida School District Review Trust Fund is created, to be administered by the Office of Program Policy Analysis and Government Accountability (OPPAGA). Funds must be credited to the trust fund as provided by s. 230.23025 and as otherwise appropriated by the Legislature for the purposes set forth in that section.

(2)  OPPAGA shall use the funds deposited in the trust fund to pay costs of conducting best financial management practices reviews, or reviews of components of the best practices, in school districts under s. 230.23025. Funds may be expended to pay the expenses of reviews conducted by OPPAGA, by the Auditor General, or by private consultants at the discretion of the director of OPPAGA. The expenses may include professional services, travel expenses of OPPAGA and the Auditor General, and any other necessary expenses incurred as part of a complete or component best practices review. OPPAGA may refund to a school district any portion of funds contributed by the school district that OPPAGA determines are not needed to conduct the complete or component best practices review requested by the district.

(3)  Notwithstanding s. 216.301, and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and be available for carrying out the purposes of the trust fund.

History.--ss. 1, 2, 3, ch. 98-225; s. 2, ch. 2000-82.

230.23027  Small School District Stabilization Program.--

(1)  There is created the Small School District Stabilization Program to assist school districts in rural communities that document economic conditions or other significant community influences that negatively impact the school district. The purpose of the program is to provide technical assistance and financial support to maintain the stability of the educational program in the school district. A rural community means a county with a population of 75,000 or less; or a county with a population of 100,000 or less that is contiguous to a county with a population of 75,000 or less.

(2)  In order to participate in this program, a school district must be located in a rural area of critical economic concern designated by the Executive Office of the Governor, and the school board must submit a resolution to the Office of Tourism, Trade, and Economic Development requesting participation in the program. A rural area of critical economic concern must be a rural community, or a region composed of such, that has been adversely affected by an extraordinary economic event or a natural disaster or that presents a unique economic development concern or opportunity of regional impact. The resolution must be accompanied with documentation of the economic conditions in the community, provide information indicating the negative impact of these conditions on the school district's financial stability, and the school district must participate in a best financial management practices review to determine potential efficiencies that could be implemented to reduce program costs in the district.

(3)  The Office of Tourism, Trade, and Economic Development, in consultation with the Department of Education, shall review the resolution and other information required by subsection (2) and determine whether the school district is eligible to participate in the program. Factors influencing the office's determination may include, but are not limited to, reductions in the county tax roll resulting from business closures or other causes, or a reduction in student enrollment due to business closures or impacts in the local economy.

(4)  Effective July 1, 2000, and thereafter, when the Office of Tourism, Trade, and Economic Development authorizes a school district to participate in the program, the Legislature may give priority to that district for a best financial management practices review in the school district, as authorized in s. 11.515, to the extent that funding is provided annually for such purpose in the General Appropriations Act. The scope of the review shall be as set forth in s. 11.515.

(5)  Effective July 1, 2000, and thereafter, the Department of Education may award the school district a stabilization grant intended to protect the district from continued financial reductions. The amount of the grant will be determined by the Department of Education and may be equivalent to the amount of the decline in revenues projected for the next fiscal year. In addition, the Office of Tourism, Trade, and Economic Development may implement a rural economic development initiative to identify the economic factors that are negatively impacting the community and may consult with Enterprise Florida, Inc., in developing a plan to assist the county with its economic transition. The grant will be available to the school district for a period of up to 5 years to the extent that funding is provided for such purpose in the General Appropriations Act.

(6)  Based on the availability of funds the Office of Tourism, Trade, and Economic Development or the Department of Education may enter into contracts or issue grants necessary to implement the program.

History.--s. 103, ch. 99-251.

230.2303  Florida First Start Program.--

(1)  LEGISLATIVE INTENT; PURPOSE.--The Legislature recognizes that the years of a child's life between birth and the third birthday are critical for fostering intellectual ability, language competence, physical development, and social skills. The Florida First Start Program is intended as a home-school partnership designed to give children with disabilities and children at risk of future school failure the best possible start in life and to support parents in their role as the children's first teachers. The purpose of the program is to assist parents to achieve their own goals for education and self-sufficiency and to teach parents how to foster their child's development in the crucial early years of life. The program must assist school districts in providing early, high-quality parent education and support services that enable the parents to enhance their children's intellectual, language, physical, and social development, thus maximizing the children's overall progress during the first 3 years of life, laying the foundation for future school success, and minimizing the development of disabilities and developmental problems which interfere with learning.

(2)  PROGRAM.--There is hereby created the Florida First Start Program for children from birth to 3 years of age and their parents. The program must be administered, implemented, and conducted by school districts pursuant to a plan developed and approved as provided in this section.

(3)  PLAN.--Each school board may submit to the Commissioner of Education a plan for conducting a Florida First Start Program. Each plan and subsequent amended plan shall be developed in cooperation with the district interagency coordinating council on early childhood services established pursuant to s. 230.2305 and the Interagency Prekindergarten Council for Children with Disabilities, and shall be approved by the commissioner. A district school board's plan must be designed to serve children from birth to 3 years of age who are disabled or at risk of future school failure and to serve their parents. For the purposes of this section, the term "children with disabilities or at risk of future school failure" includes any child who has one or more of the characteristics described in s. 411.202(9).

(4)  PLAN APPROVAL.--To be considered for approval, each plan, or amendment to a plan, must be based on current research findings regarding the growth and development of infants and young children and must include the following program components:

(a)  The establishment of parent resource centers located in neighborhood schools. Parent resource centers may be established in cooperation with and jointly funded through the community education program established pursuant to s. 239.401.

(b)  Visits, at least once a month, by trained parent educators from the parent resource center, who shall inform the parents about stages of child development and suggest methods for parents to encourage children's intellectual, language, physical, and social development. Parent educators shall also offer guidance on home safety, nutrition, effective discipline, constructive play activities, and other topics.

(c)  Monthly group meetings for parents with similarly aged children held at the parent resource centers.

(d)  Periodic formal educational and medical screening for the children.

(e)  A procedure to help parents identify their goals for education and self-sufficiency and to monitor their progress toward achievement of their goals. The program must provide a referral network to help parents who need special assistance, for themselves or their children, that is beyond the scope of this program.

(f)  Assurances that each school parent resource center shall be staffed by a coordinator trained in parent education and holding a bachelor's degree from an accredited institution with a major in early childhood education, child development, child psychology, home economics, social work, or nursing.

(g)  A method for training parent educators and for recruiting parent educators from among the families in the school's attendance zone. Training for parent educators shall include, but not be limited to, child growth and development, health, safety, nutrition, identifying and reporting child abuse and neglect, developmentally appropriate activities for young children, and avoidance of income-based, race-based, and gender-based stereotyping.

(h)  An inservice staff development component, including arrangements for staff access to child development associate certificate training or its equivalent, coordination with local teacher education centers established under ¹s. 231.603, and integration with district master inservice plans required under ²s. 236.0811.

(i)  Coordination with district prekindergarten early intervention programs and other programs serving preschool children and their families.

(5)  EVALUATION.--Each school district shall conduct an evaluation of the effectiveness of the program. This evaluation must include assessment of the children's behavior, growth and development, and achievement; the parents' success in meeting their own goals for education and self-sufficiency; and the parents' continued involvement with the education of their children. The results of this evaluation must be maintained by the school district and made available to the public upon request.

(6)  MONITORING AND TECHNICAL ASSISTANCE.--The commissioner shall monitor each district program at least annually to determine compliance with the district plan and the provisions of this section. The department shall develop manuals and guidelines for the development of district plans and shall provide technical assistance to ensure that each district program maintains high standards of quality and effectiveness. The department shall identify exemplary programs in the state to serve as model Florida First Start Programs and shall disseminate information on these programs to all districts.

(7)  ANNUAL REPORT.--Each district school board that implements a program under this section shall, with the assistance of the district interagency coordinating council on early childhood services, submit an annual report of its program to the commissioner. The report must describe the overall program operations, activities of the district interagency coordinating council, expenditures, the number of children served, staff training and qualifications, and evaluation findings.

(8)  COORDINATION.--

(a)  The Florida First Start Program shall be included under the jurisdiction of the State Coordinating Council for School Readiness Programs established pursuant to s. 411.222. The council shall make recommendations for effective implementation of the program and shall advise the Department of Education on needed legislation, rules, and technical assistance to ensure the continued implementation of an effective program.

(b)  Each school district shall develop, implement, and evaluate its program in cooperation with the district interagency coordinating council established under s. 230.2305.

(9)  FUNDING.--Funding for the Florida First Start Program must be determined annually in the General Appropriations Act.

History.--s. 13, ch. 89-379; ss. 1, 2, ch. 90-288; s. 36, ch. 92-136; s. 3, ch. 94-303; ss. 1, 4, ch. 95-192; s. 62, ch. 95-280; s. 3, ch. 95-321; s. 14, ch. 2000-337.

¹Note.--Repealed by s. 2, ch. 95-236.

²Note.--Repealed by s. 62, ch. 2000-301.

230.2305  Prekindergarten early intervention program.--

(1)  LEGISLATIVE INTENT; PURPOSE.--The Legislature recognizes that high-quality prekindergarten education programs increase children's chances of achieving future educational success and becoming productive members of society. It is the intent of the Legislature that such programs be developmental, serve as preventive measures for children at risk of future school failure, enhance the educational readiness of all children, and support family education and the involvement of parents in their child's educational progress. Each prekindergarten early intervention program shall provide the elements necessary to prepare children for school, including health screening and referral and a developmentally appropriate educational program and opportunities for parental involvement in the program. It is the legislative intent that the prekindergarten early intervention program not exist as an isolated program, but build upon existing services and work in cooperation with other programs for young children. It is intended that procedures such as, but not limited to, contracting, collocation, mainstreaming, and cooperative funding be used to coordinate the program with Head Start, public and private providers of child care, preschool programs for children with disabilities, programs for migrant children, Chapter I, subsidized child care, adult literacy programs, and other services. It is further the intent of the Legislature that the Commissioner of Education seek the advice of the Secretary of Children and Family Services in the development and implementation of the prekindergarten early intervention program and the coordination of services to young children. The purpose of the prekindergarten early intervention program is to assist local communities in implementing programs that will enable all the families and children in the school district to be prepared for the children's success in school.

(2)  ELIGIBILITY.--There is hereby created the prekindergarten early intervention program for children who are 3 and 4 years of age. A prekindergarten early intervention program shall be administered by a district school board and shall receive state funds pursuant to subsection (6). Each public school district shall make reasonable efforts to accommodate the needs of children for extended day and extended year services without compromising the quality of the 6-hour, 180-day program. The school district shall report on such efforts. School district participation in the prekindergarten early intervention program shall be at the discretion of each school district.

(a)  At least 75 percent of the children projected to be served by the district program shall be economically disadvantaged 4-year-old children of working parents, including migrant children or children whose parents participate in the welfare transition program. Other children projected to be served by the district program may include any of the following up to a maximum of 25 percent of the total number of children served:

1.  Three-year-old and four-year-old children who are referred to the school system who may not be economically disadvantaged but who are abused, prenatally exposed to alcohol or harmful drugs, or from foster homes, or who are marginal in terms of Exceptional Student Education placement.

2.  Three-year-old children and four-year-old children who may not be economically disadvantaged but who are eligible students with disabilities and served in an exceptional student education program with required special services, aids, or equipment and who are reported for partial funding in the K-12 Florida Education Finance Program. These students may be funded from prekindergarten early intervention program funds the portion of the time not funded by the K-12 Florida Education Finance Program for the actual instructional time or one full-time equivalent student membership, whichever is the lesser. These students with disabilities shall be counted toward the 25-percent student limit based on full-time equivalent student membership funded part-time by prekindergarten early intervention program funds. Also, 3-year-old or 4-year-old eligible students with disabilities who are reported for funding in the K-12 Florida Education Finance Program in an exceptional student education program as provided in s. 236.081(1)(c) may be mainstreamed in the prekindergarten early intervention program if such programming is reflected in the student's individual educational plan; if required special services, aids, or equipment are provided; and if there is no operational cost to prekindergarten early intervention program funds. Exceptional education students who are reported for maximum K-12 Florida Education Finance Program funding and who are not reported for early intervention funding shall not count against the 75-percent or 25-percent student limit as stated in this paragraph.

3.  Economically disadvantaged 3-year-old children.

4.  Economically disadvantaged children, children with disabilities, and children at risk of future school failure, from birth to age four, who are served at home through home visitor programs and intensive parent education programs such as the Florida First Start Program.

5.  Children who meet federal and state requirements for eligibility for the migrant preschool program but who do not meet the criteria of "economically disadvantaged" as defined in paragraph (b), who shall not pay a fee.

6.  After the groups listed in subparagraphs 1., 2., 3., and 4. have been served, 3-year-old and 4-year-old children who are not economically disadvantaged and for whom a fee is paid for the children's participation.

(b)  An "economically disadvantaged" child shall be defined as a child eligible to participate in the free lunch program. Notwithstanding any change in a family's economic status or in the federal eligibility requirements for free lunch, a child who meets the eligibility requirements upon initial registration for the program shall be considered eligible until the child reaches kindergarten age. In order to assist the school district in establishing the priority in which children shall be served, and to increase the efficiency in the provision of child care services in each district, the district shall enter into a written collaborative agreement with other publicly funded early education and child care programs within the district. Such agreement shall be facilitated by the interagency coordinating council and shall set forth, among other provisions, the measures to be undertaken to ensure the programs' achievement and compliance with the performance standards established in subsection (3) and for maximizing the public resources available to each program. In addition, the central agency for state-subsidized child care or the local service district of the Department of Children and Family Services shall provide the school district with an updated list of 3-year-old and 4-year-old children residing in the school district who are on the waiting list for state-subsidized child care.

(3)  STANDARDS.--

(a)  Publicly supported preschool programs, including prekindergarten early intervention, subsidized child care, teen parent programs, Head Start, migrant programs, and Chapter I programs shall employ a simplified point of entry to the child care services system in every community. These programs shall share the waiting lists for unserved children in the community so that a count of eligible children is maintained without duplications.

(b)  The Department of Education and the Department of Children and Family Services, in consultation with the Legislature, shall develop a minimum set of performance standards for publicly funded early education and child care programs and a method for measuring the progress of local school districts and central agencies in meeting a desired set of outcomes based on these performance measures. The defined outcomes must be consistent with the state's first education goal, readiness to start school, and must also consider efficiency measures such as the employment of a simplified point of entry to the child care services system, coordinated staff development programs, and other efforts within the state to increase the opportunity for welfare recipients to become self-sufficient. Performance standards shall be developed for all levels of administration of the programs, including individual programs and providers, and must incorporate appropriate expectations for the type of program and the setting in which care is provided.

(c)  The program curriculum must be developmentally appropriate according to current nationally recognized recommendations for high-quality prekindergarten programs.

(d)  School districts may establish a sliding fee scale for participants.

(e)  The ratio of direct instructional staff to children must be 1 adult to 10 children, or a lower ratio. Upon written request from a school district, the commissioner may grant permission for a ratio of up to 1 adult to 15 children for individual schools or centers for which a 1-to-10 ratio would not be feasible.

(f)  All staff must meet the following minimum requirements:

1.  The minimum level of training is to be the completion of a 30-clock-hour training course planned jointly by the Department of Education and the Department of Children and Family Services to include the following areas: state and local rules that govern child care, health, safety, and nutrition; identification and report of child abuse and neglect; child growth and development; use of developmentally appropriate early childhood curricula; and avoidance of income-based, race-based, and gender-based stereotyping.

2.  When individual classrooms are staffed by certified teachers, those teachers must be certified for the appropriate grade levels under s. 231.17 and State Board of Education rules. Teachers who are not certified for the appropriate grade levels must obtain proper certification within 2 years. However, the commissioner may make an exception on an individual basis when the requirements are not met because of serious illness, injury, or other extraordinary, extenuating circumstance.

3.  When individual classrooms are staffed by noncertified teachers, there must be a program director or lead teacher who is eligible for certification or certified for the appropriate grade levels pursuant to s. 231.17 and State Board of Education rules in regularly scheduled direct contact with each classroom. Notwithstanding s. 231.15, such classrooms must be staffed by at least one person who has, at a minimum, a child development associate credential (CDA) or an amount of training determined by the commissioner to be equivalent to or to exceed the minimum, such as an associate in science degree in the area of early childhood education.

4.  Principals and other school district administrative and supervisory personnel with direct responsibility for the program must demonstrate knowledge of prekindergarten education programs that increase children's chances of achieving future educational success and becoming productive members of society in a manner established by the State Board of Education by rule.

5.  All personnel who are not certified under s. 231.17 must comply with screening requirements under s. 231.02.

(g)  Student participation must be contingent upon parental involvement. The parental involvement activities integral to the program must include program site-based parental activities designed to fully involve parents in the program and may include parenting education, home visitor activities, family support services coordination, and other activities.

(h)  Services are to be provided during a school day and school year equal to or exceeding the requirements for kindergarten under ss. 228.041 and 236.013. Strategies to provide care before school, after school, and 12 months a year, when needed, must be developed by the school district in cooperation with the central agency for state-subsidized child care or the local service district of the Department of Children and Family Services and the district interagency coordinating council. Programs may be provided on Saturdays and through other innovative scheduling arrangements.

(i)  The school district must make efforts to meet the first state education goal, readiness to start school, including the involvement of nonpublic schools, public and private providers of day care and early education, and other community agencies that provide services to young children. This may include private child care programs, subsidized child care programs, and Head Start programs. A written description of these efforts must be provided to the district interagency coordinating council on early childhood services.

(j)  Parents must be provided an option regarding a child's participation at a school-based site or among contracted sites, when such an option is appropriate and within the school district. The school district may consider availability of sites, transportation, staffing ratios, costs, and other factors in determining the assignment and setting district guidelines. Parents may request and be assigned a site other than one first assigned by the district, provided the parents pay the cost of transporting the child to the site of the parents' choice.

(k)  The school district must coordinate with the central agency for state-subsidized child care or the local service district of the Department of Children and Family Services to verify family participation in the welfare transition program, thus ensuring accurate reporting and full utilization of federal funds available through the Family Support Act, and for the agency's or service district's sharing of the waiting list for state-subsidized child care under paragraph (a).

(4)  EVALUATION.--Each school district shall conduct an evaluation of the effectiveness of the prekindergarten early intervention program. This evaluation shall include measures of the following:

(a)  The children's achievement as measured by assessments upon entry into the program and upon completion of the program; and

(b)  The children's readiness for kindergarten as measured by the instrument the district uses to assess the school readiness of all children entering kindergarten. The results of this evaluation must be maintained by the school district and made available to the public upon request.

(5)  ANNUAL REPORT.--Each prekindergarten early intervention program under this section shall submit an annual report of its program to the district interagency coordinating council on early childhood services. The report must describe the overall program operations; activities of the district interagency coordinating council on early childhood services; expenditures; the number of students served; ratio of staff to children; staff qualifications; evaluation findings, including identification of program components that were most successful; and other information required by the council or the state advisory council.

(6)  FUNDING.--

(a)  This section shall be implemented only to the extent that funding is available. State funds appropriated for the prekindergarten early intervention program may not be used for the construction of new facilities, the transportation of students, or the purchase of buses, but may be used for educational field trips which enhance the curriculum.

1.  At least 70 percent of the total funds allocated to each school readiness coalition under this section must be used for implementing and conducting a prekindergarten early intervention program or contracting with other public or nonpublic entities for programs to serve eligible children. The maximum amount to be spent per child for this purpose is to be designated annually by the Florida Partnership for School Readiness.

2.  No more than 30 percent of the funds allocated to each school readiness coalition under this section may be used to enhance existing public and nonpublic programs for eligible children, to provide before-school and after-school care for children served under this section, to remodel or renovate existing facilities under chapter 235, to lease or lease-purchase facilities, to purchase classroom equipment to allow the implementation of the prekindergarten early intervention program, and to provide training for program teachers and administrative personnel.

3.  Funds may also be used pursuant to subparagraphs 1. and 2. to provide the prekindergarten early intervention program for more than 180 school days.

(b)  A minimum grant for each school readiness coalition is to be determined annually by the Florida Partnership for School Readiness. The funds remaining after allocating the minimum grants must be prorated based on an allocation factor for each coalition and must be added to each coalition's minimum grant. The allocation factor is to be calculated as follows:

Coalition percentage of state 3-year-old and 4-year-old children

x 1/4 +

School district percentage of state total free lunches served

x 3/4

The calculation of each coalition's allocation factor is to be based upon the official estimate of the total number of 3-year-old and 4-year-old children by the school district or districts in the coalition's service area and the official record of the Department of Education for K-12 student total free lunches served by the school district for the prior fiscal year. For the fiscal year beginning July 1, 2000, nothing in this section shall be construed to limit the Department of Education's authority to distribute funds under this program to local school districts if the local school district is authorized by the local school readiness coalition plan to be the provider.

(7)  DISTRICT INTERAGENCY COORDINATING COUNCILS.--

(a)  To be eligible for a prekindergarten early intervention program, each school district must develop, implement, and evaluate its prekindergarten program in cooperation with a district interagency coordinating council on early childhood services.

(b)  Each district coordinating council must consist of at least 12 members to be appointed by the district school board, the county commission for the county in which participating schools are located, and the Department of Children and Family Services' district administrator and must include at least the following:

1.  One member who is a parent of a child enrolled in, or intending to enroll in, the public school prekindergarten program, appointed by the school board.

2.  One member who is a director or designated director of a prekindergarten program in the district, appointed by the school board.

3.  One member who is a member of a district school board, appointed by the school board.

4.  One member who is a representative of an agency serving children with disabilities, appointed by the Department of Children and Family Services' district administrator.

5.  Four members who are representatives of organizations providing prekindergarten educational services, one of whom is a representative of a Head Start Program, appointed by the Department of Children and Family Services' district administrator; one of whom is a representative of a Title XX subsidized child day care program, if such programs exist within the county, appointed by the Department of Children and Family Services' district administrator; and two of whom are private providers of preschool care and education to 3-year-old and 4-year-old children, one appointed by the county commission and one appointed by the Department of Children and Family Services' district administrator. If there is no Head Start Program or Title XX program operating within the county, these two members must represent community interests in prekindergarten education.

6.  Two members who are representatives of agencies responsible for providing social, medical, dental, adult literacy, or transportation services, one of whom represents the county health department, both appointed by the county commission.

7.  One member to represent a local child advocacy organization, appointed by the Department of Children and Family Services' district administrator.

8.  One member to represent the district K-3 program, appointed by the school board.

(c)  Each district interagency coordinating council shall:

1.  Assist district school boards in developing a plan or an amended plan to implement a prekindergarten early intervention program. The plan and all amendments must be signed by the council chair, the chair of the district school board, and the district school superintendent.

2.  Coordinate the delivery of educational, social, medical, child care, and other services.

History.--s. 3, ch. 86-261; s. 1, ch. 87-50; s. 2, ch. 89-101; s. 15, ch. 89-379; s. 3, ch. 90-172; s. 45, ch. 90-288; ss. 63, 70, ch. 91-105; s. 2, ch. 91-266; s. 120, ch. 94-209; s. 1, ch. 94-293; s. 4, ch. 94-303; s. 1529, ch. 95-147; ss. 2, 3, ch. 95-192; s. 57, ch. 96-175; s. 2, ch. 96-421; s. 4, ch. 97-2; s. 174, ch. 97-101; ss. 6, 106, ch. 97-190; s. 46, ch. 97-307; s. 99, ch. 99-2; s. 30, ch. 99-8; s. 2, ch. 2000-149; s. 13, ch. 2000-152; s. 60, ch. 2000-165.

Note.--Former s. 228.0615.

230.2306  Prekindergarten children service needs assessments; reports; reasonable efforts by school district.--

(1)  In each county, the district school board, the central child care agency, the Head Start program, and a private provider of preschool services, in cooperation with the district interagency coordinating council established under s. 230.2305, shall:

(a)  Assess the service needs of all preschool children who are eligible for subsidized child care to identify those who require services beyond the current 6-hour, 180-day prekindergarten program.

(b)  Determine how many children are eligible for prekindergarten programs, but are not enrolled because the hours of availability do not meet the family's need.

(2)  Each public school district shall make reasonable efforts to accommodate the needs of children for extended day and extended year services without compromising the quality of the 6-hour, 180-day program. The school district shall report on such efforts in the report submitted under this section.

History.--s. 58, ch. 96-175; s. 6, ch. 99-5.

230.23145  Student support services pilot program.--

(1)  From the funds provided in the 2000-2001 General Appropriations Act, there is established a pilot program for Sarasota, Lake, and Miami-Dade school districts to assess the use of and assist student support services personnel in public schools.

(2)  Each participating school district must provide:

(a)  Information relating to the current use of student support services personnel within the district. The department's reporting form must require a breakdown of the percentage of time spent on activities including, but not limited to: clerical work not related to counseling, school social work services, psychological services, or evaluation, clerical work related to counseling, school social work services, psychological services, or evaluation, direct student services, and student evaluation.

(b)  A plan outlining the proposed use of part-time or nondegreed personnel to provide clerical assistance, so that the major focus of the student support services personnel will be services through direct student contact, other appropriate contact, or student evaluation.

(3)  Each participating school district shall report to the Department of Education on improved student performance, reduced school discipline problems, increased direct time with students or other significant outcome measures by August 1, 2001.

History.--s. 6, ch. 2000-235.

230.2316  Dropout prevention.--

(1)  SHORT TITLE.--This act may be cited as the "Dropout Prevention and Academic Intervention Act."

(2)  INTENT.--The Legislature recognizes that a growing proportion of young people are not making successful transitions to productive adult lives. The Legislature finds that a child who does not complete his or her education is greatly limited in obtaining gainful employment, achieving his or her full potential, and becoming a productive member of society. Therefore, it is the intent of the Legislature to authorize and encourage district school boards throughout the state to develop and establish dropout prevention and academic intervention activities designed to meet the needs of students who do not perform well in traditional educational programs. It is further the intent of the Legislature that cooperative agreements be developed among school districts, other governmental and private agencies, and community resources in order to implement innovative exemplary programs aimed at reducing the number of students who do not complete their education and increasing the number of students who have a positive experience in school and obtain a high school diploma.

(3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

(a)  Dropout prevention and academic intervention programs may differ from traditional education programs and schools in scheduling, administrative structure, philosophy, curriculum, or setting and shall employ alternative teaching methodologies, curricula, learning activities, and diagnostic and assessment procedures in order to meet the needs, interests, abilities, and talents of eligible students. The educational program shall provide curricula, character development and law education as provided in s. 233.0612, and related services which support the program goals and lead to improved performance in the areas of academic achievement, attendance, and discipline. Student participation in such programs shall be voluntary. Districts may, however, assign students to a program for disruptive students. Notwithstanding any other provision of law to the contrary, no student shall be identified as being eligible to receive services funded through the dropout prevention and academic intervention program based solely on the student being from a single-parent family.

(b)  Students in grades 1-12 shall be eligible for dropout prevention and academic intervention programs. Eligible students shall be reported in the appropriate basic cost factor in the Florida Education Finance Program. The strategies and supports provided to eligible students shall be funded through the General Appropriations Act and may include, but are not limited to those services identified on the student's academic intervention plan.

(c)  A student shall be identified as being eligible to receive services funded through the dropout prevention and academic intervention program based upon one of the following criteria:

1.  The student is academically unsuccessful as evidenced by low test scores, retention, failing grades, low grade point average, falling behind in earning credits, or not meeting the state or district proficiency levels in reading, mathematics, or writing.

2.  The student has a pattern of excessive absenteeism or has been identified as a habitual truant.

3.  The student has a history of disruptive behavior in school or has committed an offense that warrants out-of-school suspension or expulsion from school according to the district code of student conduct. For the purposes of this program, "disruptive behavior" is behavior that:

a.  Interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide or results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom; or

b.  Severely threatens the general welfare of students or others with whom the student comes into contact.

(d)1.  "Second chance schools" means school district programs provided through cooperative agreements between the Department of Juvenile Justice, private providers, state or local law enforcement agencies, or other state agencies for students who have been disruptive or violent or who have committed serious offenses. As partnership programs, second chance schools are eligible for waivers by the Commissioner of Education from chapters 230-235 and 239 and State Board of Education rules that prevent the provision of appropriate educational services to violent, severely disruptive, or delinquent students in small nontraditional settings or in court-adjudicated settings.

2.  School districts seeking to enter into a partnership with a private entity or public entity to operate a second chance school for disruptive students may apply to the Department of Education for startup grants from the Department of Education. These grants must be available for 1 year and must be used to offset the startup costs for implementing such programs off public school campuses. General operating funds must be generated through the appropriate programs of the Florida Education Finance Program. Grants approved under this program shall be for the full operation of the school by a private nonprofit or for-profit provider or the public entity. This program must operate under rules adopted by the Department of Education and must be implemented to the extent funded by the Legislature.

3.  A student enrolled in a sixth, seventh, eighth, ninth, or tenth grade class may be assigned to a second chance school if the student meets the following criteria:

a.  The student is a habitual truant as defined in s. 228.041(28).

b.  The student's excessive absences have detrimentally affected the student's academic progress and the student may have unique needs that a traditional school setting may not meet.

c.  The student's high incidences of truancy have been directly linked to a lack of motivation.

d.  The student has been identified as at risk of dropping out of school.

4.  A student who is habitually truant may be assigned to a second chance school only if the case staffing committee, established pursuant to s. 984.12, determines that such placement could be beneficial to the student and the criteria included in subparagraph 2. are met.

5.  A student may be assigned to a second chance school if the school district in which the student resides has a second chance school and if the student meets one of the following criteria:

a.  The student habitually exhibits disruptive behavior in violation of the code of student conduct adopted by the school board.

b.  The student interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide, or, while the student is under the jurisdiction of the school either in or out of the classroom, frequent conflicts of a disruptive nature occur.

c.  The student has committed a serious offense which warrants suspension or expulsion from school according to the district code of student conduct. For the purposes of this program, "serious offense" is behavior which:

(I)  Threatens the general welfare of students or others with whom the student comes into contact;

(II)  Includes violence;

(III)  Includes possession of weapons or drugs; or

(IV)  Is harassment or verbal abuse of school personnel or other students.

6.  Prior to assignment of students to second chance schools, school boards are encouraged to use alternative programs, such as in-school suspension, which provide instruction and counseling leading to improved student behavior, a reduction in the incidence of truancy, and the development of more effective interpersonal skills.

7.  Students assigned to second chance schools must be evaluated by the school's local child study team before placement in a second chance school. The study team shall ensure that students are not eligible for placement in a program for emotionally disturbed children.

8.  Students who exhibit academic and social progress and who wish to return to a traditional school shall complete a character development and law education program, as provided in s. 233.0612, and demonstrate preparedness to reenter the regular school setting prior to reentering a traditional school.

(4)  PROGRAM IMPLEMENTATION.--

(a)  Each district may establish dropout prevention and academic intervention programs at the elementary, middle, junior high school, or high school level. Programs designed to eliminate patterns of excessive absenteeism or habitual truancy shall emphasize academic performance and may provide specific instruction in the areas of vocational education, preemployment training, and behavioral management. Such programs shall utilize instructional teaching methods appropriate to the specific needs of the student.

(b)  Each school that establishes a dropout prevention and academic intervention program at that school site shall reflect that program in the school improvement plan as required under s. 230.23(16).

(5)  EVALUATION.--Each school district receiving state funding for dropout prevention and academic intervention programs through the General Appropriations Act shall submit information through an annual report to the Department of Education's database documenting the extent to which each of the district's dropout prevention and academic intervention programs has been successful in the areas of graduation rate, dropout rate, attendance rate, and retention/promotion rate. The department shall compile this information into an annual report which shall be submitted to the presiding officers of the Legislature by February 15.

(6)  STAFF DEVELOPMENT.--Each school district shall establish procedures for ensuring that teachers assigned to dropout prevention and academic intervention programs possess the affective, pedagogical, and content-related skills necessary to meet the needs of these students.

(7)  RECORDS.--Each district providing a dropout prevention and academic intervention program pursuant to the provisions of this section shall maintain for each participating student records documenting the student's eligibility, the length of participation, the type of program to which the student was assigned or the type of academic intervention services provided, and an evaluation of the student's academic and behavioral performance while in the program. The school principal or his or her designee shall, prior to placement in a dropout prevention and academic intervention program or the provision of an academic service, provide written notice of placement or services by certified mail, return receipt requested, to the student's parent, guardian, or legal custodian. The parent, guardian, or legal custodian of the student shall sign an acknowledgment of the notice of placement or service and return the signed acknowledgment to the principal within 3 days after receipt of the notice. The parents or guardians of a student assigned to such a dropout prevention and academic intervention program shall be notified in writing and entitled to an administrative review of any action by school personnel relating to such placement pursuant to the provisions of chapter 120.

(8)  COORDINATION WITH OTHER AGENCIES.--School district dropout prevention and academic intervention programs shall be coordinated with social service, law enforcement, prosecutorial, and juvenile justice agencies and juvenile assessment centers in the school district. Notwithstanding the provisions of s. 228.093, these agencies are authorized to exchange information contained in student records and juvenile justice records. Such information is confidential and exempt from the provisions of s. 119.07(1). School districts and other agencies receiving such information shall use the information only for official purposes connected with the certification of students for admission to and for the administration of the dropout prevention and academic intervention program, and shall maintain the confidentiality of such information unless otherwise provided by law or rule.

(9)  RULES.--The Department of Education shall have the authority pursuant to ss. 120.536(1) and 120.54 to adopt any rules necessary to implement the provisions of this section; such rules shall require the minimum amount of necessary paperwork and reporting to comply with this act.

History.--s. 6, ch. 86-157; s. 4, ch. 86-225; s. 1, ch. 88-261; s. 2, ch. 88-292; s. 10, ch. 89-278; s. 21, ch. 89-298; s. 1, ch. 89-302; s. 16, ch. 89-379; s. 4, ch. 90-172; s. 8, ch. 90-208; ss. 27, 46, ch. 90-288; s. 59, ch. 90-360; s. 15, ch. 91-105; ss. 126, 134, ch. 94-209; s. 1531, ch. 95-147; s. 67, ch. 95-267; s. 1, ch. 96-273; s. 6, ch. 96-369; s. 41, ch. 96-398; s. 78, ch. 96-406; ss. 8, 107, ch. 97-190; s. 3, ch. 98-186; s. 17, ch. 98-280; s. 65, ch. 99-398.

230.23161  Educational services in Department of Juvenile Justice programs.--

(1)  The Legislature finds that education is the single most important factor in the rehabilitation of adjudicated delinquent youth in the custody of the Department of Juvenile Justice in detention or commitment facilities. It is the intent of the Legislature that youth in the juvenile justice system be provided with equal opportunity and access to quality and effective education that will meet the individual needs of each child. The Department of Education shall serve as the lead agency for juvenile justice education programs to ensure that curriculum, support services, and resources are provided to maximize the public's investment in the custody and care of these youth. To this end, the Department of Education and the Department of Juvenile Justice shall each designate a Coordinator for Juvenile Justice Education Programs to serve as the point of contact for resolving issues not addressed by local district school boards and to ensure each department's participation in the following activities:

(a)  Training, collaborating, and coordinating with the Department of Juvenile Justice, local school districts, educational contract providers, and juvenile justice providers, whether state operated or contracted.

(b)  Collecting information on the academic performance of students in juvenile justice commitment and detention programs and reporting on the results.

(c)  Developing academic and vocational protocols that provide guidance to school districts and providers in all aspects of education programming, including records transfer and transition.

(d)  Prescribing the roles of program personnel and interdepartmental local school district or provider collaboration strategies.

Annually, a cooperative agreement and plan for juvenile justice education service enhancement shall be developed between the Department of Juvenile Justice and the Department of Education and submitted to the Secretary of Juvenile Justice and the Commissioner of Education by June 30.

(2)  The Legislature finds that juvenile assessment centers are an important source of information about youth who are entering the juvenile justice system. Juvenile assessment centers document the condition of youth entering the system, thereby providing baseline data which is essential to evaluate changes in the condition of youth as a result of treatment. The cooperation and involvement of the local school system, including the commitment of appropriate resources for determining the educational status and special learning problems and needs of youth, are essential if the full potential benefits of juvenile assessment centers are to be achieved.

(3)  Students participating in a detention, commitment, or rehabilitation program pursuant to chapter 985 which is sponsored by a community-based agency or is operated or contracted for by the Department of Juvenile Justice shall receive educational programs according to rules of the State Board of Education. These students shall be eligible for services afforded to students enrolled in programs pursuant to s. 230.2316 and all corresponding State Board of Education rules.

(4)  The district school board of the county in which the residential or nonresidential care facility or juvenile assessment facility is located shall provide appropriate educational assessments and an appropriate program of instruction and special education services. The district school board shall make provisions for each student to participate in basic, vocational, and exceptional student programs as appropriate. Students served in Department of Juvenile Justice programs shall have access to the appropriate courses and instruction to prepare them for the GED test. Students participating in GED preparation programs shall be funded at the basic program cost factor for Department of Juvenile Justice programs in the Florida Education Finance Program. Each program shall be conducted according to applicable law providing for the operation of public schools and rules of the state board.

(5)  A school day for any student serviced in a Department of Juvenile Justice program shall be the same as specified in s. 228.041(13). Educational services shall be provided at times of the day most appropriate for the juvenile justice program. School programming in juvenile justice detention, commitment, and rehabilitation programs shall be made available by the local school district during the juvenile justice school year, as defined in s. 228.041(43).

(6)  The educational program shall consist of appropriate basic academic, vocational, or exceptional curricula and related services which support the treatment goals and reentry and which may lead to completion of the requirements for receipt of a high school diploma or its equivalent. If the duration of a program is less than 40 days, the educational component may be limited to tutorial activities and vocational employability skills.

(7)  Participation in the program by students of compulsory school attendance age as provided for in s. 232.01 shall be mandatory. All students of noncompulsory school-attendance age who have not received a high school diploma or its equivalent shall participate in the educational program, unless the student files a formal declaration of his or her intent to terminate school enrollment as described in s. 232.01(1)(c) and is afforded the opportunity to take the general education development test and attain a Florida high school diploma prior to release from a facility. A youth who has received a high school diploma or its equivalent and is not employed shall participate in workforce development or other vocational or technical education or community college or university courses while in the program, subject to available funding.

(8)  An academic improvement plan shall be developed for students who score below the level specified in local school board policy in reading, writing, and mathematics or below the level specified by the Commissioner of Education on statewide assessments as required by s. 232.245. These plans shall address academic, literacy, and life skills and shall include provisions for intensive remedial instruction in the areas of weakness.

(9)  Each school district shall maintain an academic record for each student enrolled in a juvenile justice facility as prescribed by s. 228.081. Such record shall delineate each course completed by the student according to procedures in the State Course Code Directory. The school district shall include a copy of a student's academic record in the discharge packet when the student exits the facility.

(10)  The Department of Education shall ensure that all school districts make provisions for high school level committed youth to earn credits toward high school graduation while in residential and nonresidential juvenile justice facilities. Provisions must be made for the transfer of credits and partial credits earned.

(11)  The school district shall recruit and train teachers who are interested, qualified, or experienced in educating students in juvenile justice programs. Students in juvenile justice programs shall be provided a wide range of educational programs and opportunities including textbooks, technology, instructional support, and other resources available to students in public schools. Teachers assigned to educational programs in juvenile justice settings in which the school district operates the educational program shall be selected by the school district in consultation with the director of the juvenile justice facility. Educational programs in juvenile justice facilities shall have access to the substitute teacher pool utilized by the school district. Full-time teachers working in juvenile justice schools, whether employed by a school district or a provider, shall be eligible for the critical-teacher-shortage tuition-reimbursement program as defined by s. 240.4064.

(12)  School districts are authorized and strongly encouraged to contract with a private provider for the provision of educational programs to youths placed with the Department of Juvenile Justice and shall generate local, state, and federal funding, including funding through the Florida Education Finance Program for such students. The school district's planning and budgeting process shall include the needs of Department of Juvenile Justice programs in the district's plan for expenditures for state categorical and federal funds.

(13)  The local school district shall fund the education program in a Department of Juvenile Justice facility at the same or higher level of funding for equivalent students in the county school system based on the funds generated by state funding through the Florida Education Finance Program for such students. It is the intent of the Legislature that the school district maximize its available local, state, and federal funding to a juvenile justice program.

(a)  Juvenile justice education programs shall be funded in the appropriate FEFP program based on the educational services needed by the student for Department of Juvenile Justice programs in accordance with s. 236.081.

(b)  Juvenile justice education programs to receive the appropriate FEFP program funding for Department of Juvenile Justice programs shall include those operated through a contract with the Department of Juvenile Justice and which are under purview of the Department of Juvenile Justice quality assurance standards for education.

(c)  Consistent with the rules of the State Board of Education, local school districts are authorized and required to request an alternative FTE survey for Department of Juvenile Justice programs experiencing fluctuations in student enrollment.

(d)  FTE count periods shall be prescribed in rules of the State Board of Education and shall be the same for programs of the Department of Juvenile Justice as for other public school programs. The summer school period for students in Department of Juvenile Justice programs shall begin on the day immediately following the end of the regular school year and end on the day immediately preceding the subsequent regular school year. Students shall be funded for no more than 25 hours per week of direct instruction.

(14)  Each school district shall negotiate a cooperative agreement with the Department of Juvenile Justice on the delivery of educational services to youths under the jurisdiction of the department. Such agreement must include, but is not limited to:

(a)  Roles and responsibilities of each agency, including the roles and responsibilities of contract providers.

(b)  Administrative issues including procedures for sharing information.

(c)  Allocation of resources including maximization of local, state, and federal funding.

(d)  Procedures for educational evaluation for educational exceptionalities and special needs.

(e)  Curriculum and delivery of instruction.

(f)  Classroom management procedures and attendance policies.

(g)  Procedures for provision of qualified instructional personnel, whether supplied by the school district or provided under contract by the provider, and for performance of duties while in a juvenile justice setting.

(h)  Provisions for improving skills in teaching and working with juvenile delinquents.

(i)  Transition plans for students moving into and out of juvenile facilities.

(j)  Procedures and timelines for the timely documentation of credits earned and transfer of student records.

(k)  Methods and procedures for dispute resolution.

(l)  Provisions for ensuring the safety of education personnel and support for the agreed-upon education program.

(m)  Strategies for correcting any deficiencies found through the quality assurance process.

(15)  The cooperative agreement pursuant to subsection (14) does not preclude the development of an operating agreement or contract between the school district and the provider for each juvenile justice program in the school district where educational programs are to be provided. Any of the matters which must be included in the agreement pursuant to subsection (14) may be defined in the operational agreements or operating contracts rather than in the cooperative agreement if agreed to by the Department of Juvenile Justice. Nothing in this section or in a cooperative agreement shall be construed to require the school board to provide more services than can be supported by the funds generated by students in the juvenile justice programs.

(16)(a)  The Department of Education in consultation with the Department of Juvenile Justice, school districts, and providers shall establish objective and measurable quality assurance standards for the educational component of residential and nonresidential juvenile justice facilities. These standards shall rate the school district's performance both as a provider and contractor. The quality assurance rating for the education component shall be disaggregated from the overall quality assurance score and reported separately.

(b)  The Department of Education shall develop a comprehensive quality assurance review process and schedule for the evaluation of the educational component in juvenile justice programs. The Department of Juvenile Justice quality assurance site visit and the education quality assurance site visit shall be conducted during the same visit.

(c)  The Department of Education, in consultation with school districts and providers, shall establish minimum thresholds for the standards and key indicators for education programs in juvenile justice facilities. If a school district fails to meet the established minimum standards, the district will be given 6 months to achieve compliance with the standards. If after 6 months, the school district's performance is still below minimum standards, the Department of Education shall exercise sanctions as prescribed by rules adopted by the State Board of Education. If a provider, under contract with the school district, fails to meet minimum standards, such failure shall cause the school district to cancel the provider's contract unless the provider achieves compliance within 6 months or unless there are documented extenuating circumstances.

(17)  The district school board shall not be charged any rent, maintenance, utilities, or overhead on such facilities. Maintenance, repairs, and remodeling of existing facilities shall be provided by the Department of Juvenile Justice.

(18)  When additional facilities are required, the district school board and the Department of Juvenile Justice shall agree on the appropriate site based on the instructional needs of the students. When the most appropriate site for instruction is on district school board property, a special capital outlay request shall be made by the commissioner in accordance with s. 235.41. When the most appropriate site is on state property, state capital outlay funds shall be requested by the Department of Juvenile Justice provided by s. 216.043 and shall be submitted as specified by s. 216.023. Any instructional facility to be built on state property shall have educational specifications jointly developed by the school district and the Department of Juvenile Justice and approved by the Department of Education. The size of space and occupant design capacity criteria as provided by state board rules shall be used for remodeling or new construction whether facilities are provided on state property or district school board property.

(19)  The parent or guardian of exceptional students shall have the due process rights provided for in chapter 232.

(20)  Department of Juvenile Justice detention and commitment programs may be designated as second chance schools pursuant to s. 230.2316(3)(d). Admission to such programs shall be governed by chapter 985.

(21)  The Department of Education and Department of Juvenile Justice, after consultation with and assistance from local providers and local school districts, shall report annually to the Legislature by February 1 on the progress towards developing effective educational programs for juvenile delinquents including the amount of funding provided by local school districts to juvenile justice programs, the amount retained for administration including documenting the purposes for such expenses, the status of the development of cooperative agreements, the results of the quality assurance reviews including recommendations for system improvement, and information on the identification of, and services provided to, exceptional students in juvenile justice commitment facilities to determine whether these students are properly reported for funding and are appropriately served.

(22)  The educational programs at the Arthur Dozier School for Boys in Jackson County and the Florida School for Boys in Okeechobee shall be operated by the Department of Education, either directly or through grants or contractual agreements with other public or duly accredited education agencies approved by the Department of Education.

(23)  The Department of Education shall have the authority to adopt any rules necessary to implement the provisions of this section, including uniform curriculum, funding, and second chance schools. Such rules shall require the minimum amount of paperwork and reporting necessary to comply with this act.

(24)  The Department of Juvenile Justice and the Department of Education shall, in consultation with the statewide Workforce Development Youth Council, school districts, providers, and others, jointly develop a multiagency plan for vocational education which describes the curriculum, goals, and outcome measures for vocational programming in juvenile commitment facilities, pursuant to s. 985.3155.

History.--s. 42, ch. 96-398; s. 9, ch. 97-190; s. 4, ch. 98-186; s. 18, ch. 98-280; s. 48, ch. 99-284; s. 2, ch. 2000-137.

230.23162  Residential public education facility.--

(1)  Ownership of the facility and related assets authorized under former s. 985.402, is transferred to the Department of Management Services. The Department of Management Services shall direct change orders in existing construction contracts necessary to complete construction to the extent necessary to stabilize assets and prepare the facility for future utilization. The Department of Management Services shall provide administrative, site inspection, and security services as necessary to carry out the provisions of this section. The Department of Management Services shall have access to all state funds previously appropriated to the Alternative Education Institute for this purpose.

(a)  The Department of Management Services shall continue to work with contractors to weatherize, close in, and stabilize the facility; protect the assets; and resolve any claims regarding the facility.

(b)  The Department of Management Services should continue to facilitate interest by private entities or public entities capable of serving as either owner, occupant, or fiscal agent for a public-private partnership. Any entity, public, private, or a public-private partnership, must meet all of the criteria specified in the revised Department of Management Services Request for Proposal dated August 21, 1998, and issued pursuant to chapter 98-209, Laws of Florida.

(2)  The Department of Management Services, in cooperation with the relevant state agencies, is directed to continue to receive and evaluate proposals for the use or transfer of the facility described in subsection (1) and, after taking into account local and state concerns and interests, may make a final disposition for use or transfer of such facility, subject to the notice, review, and objection procedures of s. 216.177. Any unexpended balance of funds appropriated from Specific Appropriation 2012A of chapter 94-357, Laws of Florida, remaining after dry-in and stabilization may be expended, consistent with the provisions of this section, for completion of the facility in connection with the disposition or transfer of the facility.

(a)  The Department of Management Services shall continue to invite public-agency proposals and related funding requests, from either state or local agencies, to provide an education program for nonadjudicated youth, and also to continue to encourage other proposals and funding requests consistent with state and local community needs and concerns.

(b)  Upon request, the Department of Management Services shall continue to work with project proposers who submitted proposals, and an addendum to proposals, to the working group pursuant to chapter 98-209, Laws of Florida.

(c)  In considering proposals, the Department of Management Services and the Legislature shall take into account local and state interests and concerns.

History.--s. 108, ch. 94-209; s. 62, ch. 97-238; s. 1, ch. 97-382; s. 2, ch. 98-209; s. 57, ch. 99-399.

Note.--Former s. 39.085; s. 985.402.

230.23166  Teenage parent programs.--

(1)  Each district school board shall establish and implement a teenage parent program.

(2)  "Teenage parent programs" means educational programs which are designed to provide a specialized curriculum and other services to meet the needs of students who are pregnant or students who are mothers or fathers and the children of the students.

(3)(a)  The program shall provide pregnant students or students who are parents and the children of these students with a comprehensive teenage parent program consisting of educational and ancillary service components. The program shall provide pregnant students or students who are parents with the option of participating in regular classroom activities or enrolling in a special program designed to meet their needs pursuant to s. 232.01. Students participating in teenage parent programs shall be exempt from minimum attendance requirements for absences related to pregnancy or parenting, but shall be required to make up work missed due to absence.

(b)  The curriculum shall include instruction in such topics as prenatal and postnatal health care, parenting skills, benefits of sexual abstinence, and consequences of subsequent pregnancies. Parenting skills should include instruction in the stages of child growth and development, methods for aiding in the intellectual, language, physical, and social development of children, and guidance on constructive play activities.

(c)  Provision for necessary child care, health care, social services, parent education, and transportation shall be required ancillary service components of teenage parent programs. Ancillary services may be provided through the coordination of existing programs and services and through joint agreements between school districts and between school districts and other appropriate public and private providers.

(d)  The school board shall make adequate provisions for pregnant and parenting teenagers to complete the coursework necessary to earn a high school diploma. School boards are encouraged to give students a choice of educational options that shall allow students to earn credit toward a high school diploma at a rate at least commensurate with traditional high school programs. Such a choice should include, but not be limited to, remaining in the school they originally attend, attending a separate center, attending an ¹area technical center, or attending a different middle or high school.

(e)  Children enrolled in child care provided by the district shall be funded at the special program cost factor pursuant to s. 236.081 if the parent or parents are enrolled full time in a public school in the district.

(4)  The Department of Education shall develop and distribute guidelines for developmentally appropriate child care. The guidelines shall be the basis for the planning and implementation of child care facilities. Upon request of local school personnel, the department shall provide technical assistance in this regard to schools or districts.

(5)  Districts may modify courses listed in the State Course Code Directory for the purpose of providing teenage parent programs pursuant to the provisions of this section. Such modifications must be approved by the commissioner and may include lengthening or shortening of the school time allotted for in-class study, alternate methods of assessment of student performance, and the integration of curriculum frameworks or student performance standards to produce interdisciplinary units of instruction.

(6)  The Commissioner of Education shall adopt rules necessary to implement the provisions of this section.

History.--s. 127, ch. 94-209; s. 108, ch. 97-190.

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.

230.2317  Educational multiagency services for students with severe emotional disturbance.--

(1)(a)  To enable students with severe emotional disturbance to develop appropriate behaviors and demonstrate academic and vocational skills, the Legislature finds that it is necessary to have an intensive, integrated educational program; a continuum of mental health treatment services; and, when needed, residential services. The Legislature finds further that the small incidence of severe emotional disturbance in the total school population requires multiagency programs to provide access to appropriate services for all students with severe emotional disturbance, that local school boards should provide educational programs, and that state departments and agencies administering children's mental health funds should provide mental health treatment and residential services when needed. Therefore, it is the intent of the Legislature that there be a multiagency network to provide education; mental health treatment; and, when needed, residential services for students with severe emotional disturbance.

(b)  The program goals for each component of the network are to enable students with severe emotional disturbance to learn appropriate behaviors, reduce dependency, and fully participate in all aspects of school and community living; to develop individual programs for students with severe emotional disturbance, which programs include necessary educational, residential, and mental health treatment services; to provide programs and services as close as possible to the child's home in the least restrictive manner consistent with the child's needs; and to integrate a wide range of services which are necessary to support students with severe emotional disturbance and their families.

(2)  The Commissioner of Education, the Secretary of Children and Family Services, and the Secretary of Juvenile Justice shall appoint an equal number of members to the Advisory Board for the Multiagency Service Network for Students with Severe Emotional Disturbance. The duties and responsibilities of the advisory board shall include oversight of the multiagency service network to provide a continuum of education, mental health treatment, and, when needed, residential services for students with severe emotional disturbance and to assess the impact of regional projects.

(3)  The Department of Education is authorized to award grants to district school boards to allow for statewide planning and development of a multiagency network for students with severe emotional disturbance. The educational services shall be provided in a manner consistent with the requirements of ss. 230.23(4)(m) and 402.22.

(4)  State departments and agencies are authorized to use appropriate funds for the multiagency network for students with severe emotional disturbance.

History.--ss. 6, 7, ch. 81-254; ss. 1, 4, ch. 82-46; s. 93, ch. 83-217; s. 2, ch. 83-265; s. 6, ch. 84-94; ss. 1, 2, 3, ch. 91-267; s. 5, ch. 91-429; s. 10, ch. 97-190.

230.23175  School safety officers.--

(1)  As used in this section, "school safety officer" means a law enforcement officer, as defined in s. 943.10(1), who is certified under the provisions of chapter 943 and is employed by either a law enforcement agency or by the school board. If the officer is employed by the school board, the school board is the employing agency for purposes of chapter 943, and the school board must comply with the provisions of that chapter.

(2)  A district school board may commission one or more school safety officers for the protection and safety of school personnel, property, and students within the school district. The district school superintendent may recommend and the school board may appoint one or more school safety officers.

(3)  A school safety officer has and shall exercise the power to make arrests for violations of law on district school board property and to arrest persons, whether on or off such property, who violate any law on such property under the same conditions that deputy sheriffs are authorized to make arrests. A school safety officer has the authority to carry weapons when performing his or her official duties.

(4)  A school board is authorized to enter into mutual aid agreements with one or more law enforcement agencies as provided in chapter 23. A school safety officer's salary may be paid jointly by the district school board and the law enforcement agency, as mutually agreed to.

History.--s. 2, ch. 96-276.

230.2318  School resource officer program.--

(1)  SCHOOL RESOURCE OFFICER PROGRAM.--School boards may establish school resource officer programs, through a cooperative agreement with law enforcement agencies or in accordance with s. 230.23175.

(2)  SCHOOL RESOURCE OFFICER CERTIFICATION; DUTIES AND RESPONSIBILITIES.--

(a)  School resource officers shall be certified law enforcement officers, as defined in s. 943.10(1), who are employed by a law enforcement agency as defined in s. 943.10(4). The powers and duties of a law enforcement officer shall continue throughout the employee's tenure as a school resource officer.

(b)  School resource officers shall abide by school board policies and shall consult with and coordinate activities through the school principal, but shall be responsible to the law enforcement agency in all matters relating to employment, subject to agreements between a school board and a law enforcement agency. Activities conducted by the school resource officer which are part of the regular instructional program of the school shall be under the direction of the principal.

(3)  APPLICATION FOR FEDERAL FUNDS.--The Department of Education is authorized to apply for funds from, and to submit all necessary forms to, any federal agency which may provide assistance to programs similar to the school resource officer program.

History.--s. 32, ch. 87-329; s. 58, ch. 94-232; s. 1, ch. 96-225; ss. 11, 109, ch. 97-190.

230.23185  Statewide crime watch program.--

(1)  There may be created a statewide crime watch program in the public schools for the purpose of reducing student actions that are in violation of the code of student conduct. The goal of the program is to develop a crime watch program in each elementary school, middle school or junior high school, and high school. The Department of Education may establish for the program criteria that include:

(a)  Student involvement at each school in the design and implementation of the program.

(b)  A competitive focus with statewide recognition and awards given to schools with the most effective programs in each school district.

(2)  A toll-free school safety hotline may be created and maintained to provide an avenue for students to report criminal activity, such as violations of the code of student conduct, and to enhance the safety and welfare of students, faculty, and staff.

(3)(a)  Each school in the state must strive to provide crime-free and drug-free environments for learning, instill positive values, foster good citizenship, and build confidence in students.

(b)  Each school is encouraged to provide drug-prevention and crime-prevention education, communication and reporting systems, student patrols, student mentoring programs, school bus safety projects, conflict resolution training, and student action projects.

(4)(a)  The department may contract with the Florida Sheriffs Association to establish and operate a statewide toll-free school safety hotline for the purpose of reporting incidents that affect the safety and well-being of the school's population.

(b)  The toll-free school safety hotline is to be a conduit for any person to anonymously report activity that affects the safety and well-being of the school's population.

(c)  There may not be an award or monetary benefit for reporting an incident through the toll-free school safety hotline.

(d)  The toll-free school safety hotline shall be operated in a manner that ensures that a designated school official is notified of a complaint received through the hotline if the complaint concerns that school. A complaint that concerns an actionable offense must be reported to the designated official within a reasonable time after the complaint is made. An actionable offense is an incident that could directly affect the safety or well-being of a person or property within a school.

(e)  If a toll-free school safety hotline is established by contract with the Florida Sheriffs Association, the Florida Sheriffs Association shall produce a quarterly report that evaluates the incidents that have been reported to the hotline. This information may be used to evaluate future school safety educational needs and the need for prevention programs as the school board considers necessary.

History.--s. 2, ch. 95-164; s. 5, ch. 96-276.

230.234  Legal services for employees; reimbursement for judgments in civil actions.--The school boards of the several districts are authorized to provide legal services for officers and employees of said boards who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities. The school board shall provide for reimbursement of reasonable expenses for legal services for officers and employees of said boards who are charged with civil or criminal actions arising out of and in the course of the performance of assigned duties and responsibilities upon successful defense by the employee or officer. However, in any case in which the officer or employee pleads guilty or nolo contendere or is found guilty of any such action, the officer or employee shall reimburse the board for any legal services which the board may have supplied pursuant to this section. A school board may also reimburse an officer or employee of the school board for any judgment which may be entered against him or her in a civil action arising out of and in the course of the performance of his or her assigned duties and responsibilities. Each expenditure by a school board for legal defense of an officer or employee, or for reimbursement pursuant to this section, shall be made at a public meeting with notice pursuant to s. 120.525(1). The providing of such legal services or reimbursement under the conditions described above is declared to be a district school purpose for which district school funds may be expended.

History.--s. 1, ch. 65-42; s. 1, ch. 69-300; s. 36, ch. 72-221; s. 7, ch. 76-236; s. 10, ch. 79-139; ss. 11, 16, ch. 79-385; s. 7, ch. 80-378; s. 1230, ch. 95-147; s. 47, ch. 96-410.

230.235  Policy of zero tolerance for crime.--

(1)  Each school district shall adopt a policy of zero tolerance for crime and substance abuse pursuant to this section. Such a policy shall include the reporting of delinquent acts and crimes occurring whenever and wherever students are under the jurisdiction of the school district.

(2)  The policy shall require students found to have committed one of the following offenses to be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year, and to be referred for criminal prosecution:

(a)  Bringing a firearm or weapon, as defined in chapter 790, to school, to any school function, or onto any school-sponsored transportation.

(b)  Making a threat or false report, as defined by ss. 790.162 and 790.163, respectively, involving school or school personnel's property, school transportation, or a school-sponsored activity.

District school boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the district school board to modify the requirement by assigning the student to a disciplinary program or second chance school if it is determined to be in the best interest of the student and the school system. If a student committing any of the offenses in this subsection is a student with a disability, the school district shall comply with procedures pursuant to s. 232.251 and any applicable state board rule.

(3)  Each school district shall enter into an agreement with the county sheriff's office or local police department specifying guidelines for ensuring that felonies and violent misdemeanors, whether committed by a student or adult, and delinquent acts that would be felonies or violent misdemeanors if committed by an adult, are reported to law enforcement. Such agreements shall include the role of school resource officers, if applicable, in handling reported incidents, special circumstances in which school officials may handle incidents without filing a report to law enforcement, and a procedure for ensuring that school personnel properly report appropriate delinquent acts and crimes. The school principal shall be responsible for ensuring that all school personnel are properly informed as to their responsibilities regarding crime reporting, that appropriate delinquent acts and crimes are properly reported, and that actions taken in cases with special circumstances are properly taken and documented.

History.--s. 18, ch. 97-234; s. 7, ch. 2000-235.

230.24  Superintendent; election and term of office.--The superintendent shall be elected for a term of 4 years or until the election or appointment and qualification of his or her successor.

History.--s. 424, ch. 19355, 1939; CGL 1940 Supp. 892(87); s. 1, ch. 69-300; s. 1231, ch. 95-147.

230.241  Superintendent; procedures for making office appointive.--

(1)  Pursuant to the provisions of s. 5, Art. IX of the State Constitution, the superintendent shall be appointed by the school board in a school district wherein the proposition is affirmed by a majority of the qualified electors voting in the same election making the office of superintendent appointive.

(2)  To submit the proposition to the electors, the school board by formal resolution shall request an election, which shall be at a general election or a statewide primary or special election. The board of county commissioners, upon such timely request from the school board, shall cause to be placed on the ballot at such election the proposition to make the office of superintendent appointive.

(3)  Any district adopting the appointive method for its superintendent may after 4 years return to its former status and reject the provisions of this section by following the same procedure outlined in subsection (2) hereof for adopting the provisions thereof.

History.--s. 1, ch. 69-160; s. 1, ch. 69-300; s. 37, ch. 72-221.

230.26  Oath of superintendent.--Before entering upon the duties of his or her office, the superintendent shall take the oath of office prescribed by the constitution of the state.

History.--s. 426, ch. 19355, 1939; CGL 1940 Supp. 892(89); s. 1, ch. 69-300; s. 1232, ch. 95-147.

230.28  Vacancy in office of superintendent.--The office of superintendent in any district shall be vacant when the superintendent removes his or her residence from the district.

History.--s. 428, ch. 19355, 1939; CGL 1940 Supp. 892(91); s. 40, ch. 29764, 1955; s. 1, ch. 69-300; s. 1233, ch. 95-147.

230.30  Superintendent to devote full time to office.--The position of superintendent in each district shall be considered a full-time position.

History.--s. 430, ch. 19355, 1939; CGL 1940 Supp. 892(93); s. 11, ch. 23726, 1947; s. 41, ch. 29764, 1955; s. 1, ch. 69-300.

230.303  Superintendent of schools.--

(1)  Each superintendent of schools shall receive as salary the amount indicated, based on the population of his or her county; however, a district school board, by majority vote, may approve a salary in excess of the amount specified herein. In addition, a compensation shall be made for population increments over the minimum for each population group, which shall be determined by multiplying the population in excess of the minimum for the group times the group rate. Laws which increase the base salary herein provided shall contain provisions on no other subject.

Pop. Group	County Pop. Range		Base Salary	Group Rate
	Minimum	Maximum
I	-0-	49,999	$21,250	$0.07875
II	50,000	99,999	24,400	0.06300
III	100,000	199,999	27,550	0.02625
IV	200,000	399,999	30,175	0.01575
V	400,000	999,999	33,325	0.00525
VI	1,000,000		36,475	0.00400

(2)  Notwithstanding provisions of chapter 145 or this chapter to the contrary, the annual salaries of elected superintendents of schools for 1993 and each year thereafter shall be established at the same amounts as those superintendents were paid for fiscal year 1991-1992, adjusted by each annual increase provided for in chapter 145. Any salary previously paid to elected superintendents which was consistent with chapter 145 and this section is hereby ratified and validated.

(3)  This section does not apply to a superintendent of schools appointed pursuant to the terms of s. 230.321.

(4)(a)  There shall be an additional $2,000 per year special qualification salary for each superintendent of schools who has met the certification requirements established by the Department of Education. Any superintendent of schools who is certified during a calendar year shall receive in that year a pro rata share of the special qualification salary based on the remaining period of the year.

(b)  In order to qualify for the special qualification salary provided by paragraph (a), the superintendent must complete the requirements established by the Department of Education within 6 years after first taking office.

(c)  After a superintendent meets the requirements of paragraph (a), in order to remain certified the superintendent shall thereafter be required to complete each year a course of continuing education as prescribed by the Department of Education.

(5)(a)  The Department of Education shall provide a leadership development and performance compensation program for superintendents of schools, comparable to chief executive officer development programs for corporate executive officers, to include:

1.  A content-knowledge-and-skills phase consisting of: creative leadership models and theory, demonstration of effective practice, simulation exercises and personal skills practice, and assessment with feedback, taught in a professional training setting under the direction of experienced, successful trainers.

2.  A competency-acquisition phase consisting of on-the-job application of knowledge and skills for a period of not less than 6 months following the successful completion of the content-knowledge-and-skills phase. The competency-acquisition phase shall be supported by adequate professional technical assistance provided by experienced trainers approved by the department. Competency acquisition shall be demonstrated through assessment and feedback.

(b)  Upon the successful completion of both phases and demonstrated successful performance, as determined by the department, a superintendent of schools shall be issued a Chief Executive Officer Leadership Development Certificate and shall be given an annual performance salary incentive of not less than $3,000 or more than $7,500 based upon his or her performance evaluation.

(c)  A superintendent of schools' eligibility to continue receiving the annual performance salary incentive is contingent upon his or her continued performance assessment and followup training prescribed by the department.

History.--s. 1, ch. 61-461; s. 1, ch. 63-560; s. 1, ch. 65-356; s. 2, ch. 67-576; s. 1, ch. 67-591; s. 1, ch. 67-2234; s. 1, ch. 67-2235; s. 5, ch. 69-346; s. 6, ch. 73-173; s. 47, ch. 73-333; s. 1, ch. 74-353; s. 1, ch. 80-31; ss. 5, 11, 21, ch. 80-377; s. 6, ch. 85-322; s. 26, ch. 86-156; s. 5, ch. 93-146; s. 1234, ch. 95-147; s. 12, ch. 97-190; s. 4, ch. 2000-301; s. 24, ch. 2000-331.

Note.--Former s. 145.08.

230.31  Secretary and executive officer of the school board.--The superintendent shall be the secretary and executive officer of the school board; provided, that when the superintendent of any district is required to be absent on account of performing services in the volunteer forces of the United States or in the National Guard of the State or in the regular Army or Navy of the United States, when the said superintendent shall be called into active training or service of the United States under an Act of Congress or pursuant to a proclamation by the President of the United States, the superintendent shall then be entitled to a leave of absence for not to exceed the remaining portion of the term for which he or she was elected.

History.--s. 431, ch. 19355, 1939; CGL 1940 Supp. 892(94); s. 2, ch. 20970, 1941; s. 1, ch. 69-300; s. 1235, ch. 95-147.

230.32  General powers of superintendents.--The superintendent shall have the authority, and when necessary for the more efficient and adequate operation of the district school system, the superintendent shall exercise the following powers:

(1)  GENERAL OVERSIGHT.--Exercise general oversight over the district school system in order to determine problems and needs, and recommend improvements.

(2)  ADVISE, COUNSEL, AND RECOMMEND TO SCHOOL BOARD.--Advise and counsel with the school board on all educational matters and recommend to the school board for action such matters as should be acted upon.

(3)  RECOMMEND POLICIES.--Recommend to the school board for adoption such policies pertaining to the district school system as the superintendent may consider necessary for its more efficient operation.

(4)  RECOMMEND AND EXECUTE RULES.--Prepare and organize by subjects and submit to the school board for adoption such rules to supplement those adopted by the state board or the commissioner as, in the superintendent's opinion, will contribute to the efficient operation of any aspect of education in the district. When rules have been adopted, the superintendent shall see that they are executed.

(5)  RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From time to time to prepare, organize by subjects, and submit to the school board for adoption such minimum standards relating to the operation of any phase of the district school system as are needed to supplement those adopted by the state board or the commissioner and as will contribute to the efficient operation of any aspect of education in the district; to see that minimum standards adopted by the school board and the commissioner are observed.

(6)  PERFORM DUTIES AND EXERCISE RESPONSIBILITIES.--Perform such duties and exercise such responsibilities as are assigned to the superintendent by law and by regulations of the state board and of the commissioner.

History.--s. 432, ch. 19355, 1939; CGL 1940 Supp. 892(95); s. 1, ch. 69-300; s. 1236, ch. 95-147; s. 110, ch. 97-190; s. 31, ch. 98-200.

230.321  Superintendents employed under Art. IX, State Constitution.--

(1)  In every district authorized to employ a superintendent of schools under Art. IX of the State Constitution, the superintendent shall be the executive officer of the school board and shall not be subject to the provisions of law, either general or special, relating to tenure of employment or contracts of other school personnel. The superintendent's duties relating to the district school system shall be as provided by law and rules of the State Board of Education and of the Commissioner of Education.

(2)  The school board of each of such districts shall enter into contracts of employment with the superintendent of schools and shall adopt rules and regulations relating to his or her appointment.

(3)  The school board of each such district shall pay to the superintendent of schools a reasonable annual salary. In determining the amount of compensation to be paid, the board shall take into account such factors as:

(a)  The population of the district;

(b)  The rate and character of population growth;

(c)  The size and composition of the student body to be served;

(d)  The geographic extent of the district;

(e)  The number and character of the schools to be supervised; and

(f)  The educational qualifications, professional experience, and age of the candidate for the position of superintendent.

History.--ss. 1, 2, ch. 57-308; s. 29, ch. 65-239; s. 1, ch. 67-341; ss. 10, 21, ch. 69-216; portions of (2) formerly s. 6A, Art. VIII 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. 69-300; s. 1, ch. 70-190; s. 1, ch. 82-242; s. 1237, ch. 95-147; s. 111, ch. 97-190.

230.33  Duties and responsibilities of superintendent of schools.--The superintendent of schools shall exercise all powers and perform all duties listed below and elsewhere in the law; provided, that in so doing he or she shall advise and counsel with the district school board. The superintendent of schools shall perform all tasks necessary to make sound recommendations, nominations, proposals, and reports required by law to be acted upon by the district school board. All such recommendations, nominations, proposals, and reports by the superintendent of schools shall be either recorded in the minutes or shall be made in writing, noted in the minutes, and filed in the public records of the district school board. It shall be presumed that, in the absence of the record required in this paragraph, the recommendations, nominations, and proposals required of the superintendent of schools were not contrary to the action taken by the district school board in such matters.

(1)  ASSIST IN ORGANIZATION OF DISTRICT SCHOOL BOARD.--Preside at the organization meeting of the district school board and transmit to the Department of Education, within 2 weeks following such meeting, a certified copy of the proceedings of organization, including the schedule of regular meetings, and the names and addresses of district school officials.

(2)  REGULAR AND SPECIAL MEETINGS OF THE DISTRICT SCHOOL BOARD.--Attend all regular meetings of the district school board, call special meetings when emergencies arise, and advise, but not vote, on questions under consideration.

(3)  RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep minutes of all official actions and proceedings of the district school board and keep such other records, including records of property held or disposed of by the district school board, as may be necessary to provide complete information regarding the district school system.

(4)  SCHOOL PROPERTY.--Act for the district school board as custodian of school property.

(5)  SCHOOL PROGRAM; PREPARE PLANS.--Supervise the assembling of data and sponsor studies and surveys essential to the development of a planned school program for the entire district and prepare and recommend such a program to the district school board as the basis for operating the district school system.

(6)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment, organization, and operation of such schools, classes, and services as are needed to provide adequate educational opportunities for all children in the district.

(7)  PERSONNEL.--Be responsible, as required herein, for directing the work of the personnel, subject to the requirements of chapter 231, and in addition the superintendent of schools shall have the following duties:

(a)  Positions, qualifications, and nominations.--Recommend to the district school board duties and responsibilities which need to be performed and positions which need to be filled to make possible the development of an adequate school program in the district; recommend minimum qualifications of personnel for these various positions; and nominate in writing persons to fill such positions. The nominations of persons to fill instructional positions at each of the district's schools must consider recommendations received from principals of the respective schools.

(b)  Compensation and salary schedules.--Prepare and recommend to the district school board for adoption a salary schedule or salary schedules. The superintendent of schools must recommend a salary schedule for instructional personnel which bases a portion of each employee's compensation on performance demonstrated under s. 231.29. In developing the recommended salary schedule, the superintendent of schools shall include input from parents, teachers, and representatives of the business community.

(c)  Contracts and terms of service.--Recommend to the district school board terms for contracting with employees and prepare such contracts as are approved.

(d)  Transfer and promotions.--Recommend employees for transfer and transfer any employee during any emergency and report the transfer to the district school board at its next regular meeting.

(e)  Suspension and dismissal.--Suspend members of the instructional staff and other school employees during emergencies for a period extending to and including the day of the next regular or special meeting of the district school board and notify the district school board immediately of such suspension. When authorized to do so, serve notice on the suspended member of the instructional staff of charges made against him or her and of the date of hearing. Recommend employees for dismissal under the terms prescribed herein.

(f)  Direct work of employees and supervise instruction.--Direct or arrange for the proper direction and improvement, under regulations of the district school board, of the work of all members of the instructional staff and other employees of the district school system, supervise or arrange under rules of the district school board for the supervision of instruction in the district, and take such steps as are necessary to bring about continuous improvement.

(8)  CHILD WELFARE.--Recommend plans to the district school board for the proper accounting for all children of school age, for the attendance and control of students at school, for the proper attention to health, safety, and other matters which will best promote the welfare of children, as prescribed in chapter 232. When the superintendent of schools makes a recommendation for expulsion to the district school board, he or she shall give written notice to the student and the student's parent or guardian of the recommendation, setting forth the charges against the student and advising the student and his or her parent or guardian of the student's right to due process as prescribed by ss. 120.569 and 120.57(2). When district school board action on a recommendation for the expulsion of a student is pending, the superintendent of schools may extend the suspension assigned by the principal beyond 10 school days if such suspension period expires before the next regular or special meeting of the district school board.

(9)  COURSES OF STUDY AND OTHER INSTRUCTIONAL AIDS.--Recommend such plans for improving, providing, distributing, accounting for, and caring for textbooks and other instructional aids as will result in general improvement of the district school system, as prescribed in chapter 233.

(10)  TRANSPORTATION OF STUDENTS.--Ascertain which students should be transported to school or to school activities, determine the most effective arrangement of transportation routes to accommodate these students; recommend such routing to the district school board; recommend plans and procedures for providing facilities for the economical and safe transportation of students; recommend such rules and regulations as may be necessary and see that all rules and regulations relating to the transportation of students approved by the district school board, as well as regulations of the state board, are properly carried into effect, as prescribed in chapter 234.

(11)  SCHOOL PLANT.--Recommend plans, and execute such plans as are approved, regarding all phases of the school plant program, as prescribed in chapter 235.

(12)  FINANCE.--Recommend measures to the district school board to assure adequate educational facilities throughout the district, in accordance with the financial procedure authorized in chapters 236 and 237 and as prescribed below:

(a)  Plan for operating all schools for minimum term.--Determine and recommend district funds necessary in addition to state funds to provide for at least a 180-day school term or the equivalent on an hourly basis as specified by rules which shall be adopted by the State Board of Education and recommend plans for ensuring the operation of all schools for the term authorized by the district school board.

(b)  Annual budget.--Prepare the annual school budget to be submitted to the district school board for adoption according to law and submit this budget, when adopted by the district school board, to the Department of Education on or before the date required by rules of the state board.

(c)  Tax levies.--Recommend to the district school board, on the basis of the needs shown by the budget, the amount of district school tax levy necessary to provide the district school funds needed for the maintenance of the public schools; recommend to the district school board the tax levy required on the basis of the needs shown in the budget for the district bond interest and sinking fund of each district; and recommend to the district school board to be included on the ballot at each district millage election the school district tax levies necessary to carry on the school program.

(d)  School funds.--Keep an accurate account of all funds which should be transmitted to the district school board for school purposes at various periods during the year and see, insofar as possible, that these funds are transmitted promptly; report promptly to the district school board any delinquencies or delays that occur in making available any funds that should be made available for school purposes.

(e)  Borrowing money.--Recommend when necessary the borrowing of money as prescribed by law.

(f)  Financial records and accounting.--Keep or have kept accurate records of all financial transactions.

(g)  Payrolls and accounts.--Maintain accurate and current statements of accounts due to be paid by the district school board; certify these statements as correct; liquidate board obligations in accordance with the official budget and rules of the district school board; and prepare periodic reports as required by rules of the state board, showing receipts, balances, and disbursements to date, and file copies of such periodic reports with the Department of Education.

(h)  Bonds for employees.--Recommend the bonds of all school employees who should be bonded in order to provide reasonable safeguards for all school funds or property.

(i)  Contracts.--After study of the feasibility of contractual services with industry, recommend to the district school board the desirable terms, conditions, and specifications for contracts for supplies, materials, or services to be rendered and see that materials, supplies, or services are provided according to contract.

(j)  Investment policies.--The superintendent of schools shall, after careful examination, recommend policies to the district school board which will provide for the investment or deposit of school funds not needed for immediate expenditures which shall earn the maximum possible yield under the circumstances on such investments or deposits. The superintendent of schools shall cause to be invested at all times all school moneys not immediately needed for expenditures pursuant to the policies of the district school board.

(k)  Protection against loss.--Recommend programs and procedures to the district school board necessary to protect the school system adequately against loss or damage to school property or against loss resulting from any liability for which the district school board or its officers, agents, or employees may be responsible under law.

(l)  Millage elections.--Recommend plans and procedures for holding and supervising all school district millage elections.

(m)  Budgets and expenditures.--Prepare, after consulting with the principals of the various schools, tentative annual budgets for the expenditure of district funds for the benefit of public school students of the district.

(n)  Bonds.--Recommend the amounts of bonds to be issued in the district and assist in the preparation of the necessary papers for an election to determine whether the proposed bond issue will be approved by the electors; if such bond issue be approved by the electors, recommend plans for the sale of bonds and for the proper expenditure of the funds derived therefrom.

(13)  RECORDS AND REPORTS.--Recommend such records as should be kept in addition to those prescribed by rules of the state board or by the department; prepare forms for keeping such records as are approved by the district school board; see that such records are properly kept; and make all reports that are needed or required, as follows:

(a)  Forms, blanks, and reports.--Require that all employees keep accurately all records and make promptly in proper form all reports required by the school code or by rules of the state board; recommend the keeping of such additional records and the making of such additional reports as may be deemed necessary to provide data essential for the operation of the school system; and prepare such forms and blanks as may be required and see that these records and reports are properly prepared.

(b)  Reports to the department.--Prepare, for the approval of the district school board, all reports that may be required by law or rules of the state board or of the commissioner to be made to the department and transmit promptly all such reports, when approved, to the department, as required by law. If any such reports are not transmitted at the time and in the manner prescribed by law or by state board rules, the salary of the superintendent of schools must be withheld until the report has been properly submitted. Unless otherwise provided by regulations of the state board, the annual report on attendance and personnel is due on or before July 1, and the annual school budget and the report on finance are due on the date prescribed by the commissioner.

(c)  Failure to make reports; penalty.--Any superintendent of schools who knowingly signs and transmits to any state official a false or incorrect report shall forfeit his or her right to any salary for the period of 1 year from that date.

(14)  COOPERATION WITH OTHER AGENCIES.--

(a)  Cooperation with governmental agencies in enforcement of laws and rules.--Recommend plans for cooperating with, and, on the basis of approved plans, cooperate with federal, state, county, and municipal agencies in the enforcement of laws and rules pertaining to all matters relating to education and child welfare.

(b)  Cooperation with other local administrators to achieve the first state education goal.--Cooperate with the district administrator of the Department of Children and Family Services and with administrators of other local public and private agencies to achieve the first state education goal, readiness to start school.

(c)  Identifying and reporting names of migratory children, other information.--Recommend plans for identifying and reporting to the Department of Education the name of each child in the school district who qualifies according to the definition of a migratory child, based on Pub. L. No. 95-561, and for reporting such other information as may be prescribed by the department.

(15)  ENFORCEMENT OF LAWS AND RULES.--Require that all laws and rules of the state board, as well as supplementary rules of the district school board, are properly observed and report to the district school board any violation that the superintendent of schools does not succeed in having corrected.

(16)  COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate with the district school board in every manner practicable to the end that the district school system may continuously be improved.

(17)  VISITATION OF SCHOOLS.--Visit the schools; observe the management and instruction; give suggestions for improvement; and advise with supervisors, principals, teachers, patrons, and other citizens with the view of promoting interest in education and improving the school conditions of the district.

(18)  CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call and conduct institutes and conferences with employees of the district school board, school patrons, and other interested citizens; organize and direct study and extension courses for employees, advising them as to their professional studies; assist patrons and people generally in acquiring knowledge of the aims, services, and needs of the schools.

(19)  PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend such conferences for superintendents of schools as may be called or scheduled by the Department of Education and avail himself or herself of means of professional and general improvement so that he or she may function most efficiently.

(20)  RECOMMEND REVOKING CERTIFICATES.--Recommend in writing to the Department of Education the revoking of any certificate for good cause, including a full statement of the reason for the superintendent of schools' recommendation.

(21)  MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with the district school board and make available to his or her successor upon retiring from office a complete inventory of school equipment and other property, together with all official records and such other records as may be needed in supervising instruction and in administering the district school system.

(22)  RECOMMEND PROCEDURES FOR INFORMING GENERAL PUBLIC.--Recommend to the district school board procedures whereby the general public can be adequately informed of the educational programs, needs, and objectives of public education within the district.

(23)  SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend procedures for implementing and maintaining a system of school improvement and education accountability as provided by statute and State Board of Education rule.

(24)  OTHER DUTIES AND RESPONSIBILITIES.--Perform such other duties as are assigned to the superintendent of schools by law or by rules of the state board or of the commissioner.

History.--s. 433, ch. 19355, 1939; CGL 1940 Supp. 892(96); s. 3, ch. 29754, s. 42, ch. 29764, 1955; s. 5, ch. 59-371; s. 4, ch. 61-288; s. 7, ch. 63-376; s. 30, ch. 65-239; s. 1, ch. 67-238; ss. 5, 6, ch. 67-438; ss. 4, 5, ch. 68-13; s. 7, ch. 68-24; ss. 15, 19, 35, ch. 69-106; s. 1, ch. 69-300; s. 2, ch. 70-194; ss. 2, 3, ch. 70-399; ss. 5-8, ch. 71-164; s. 60, ch. 71-355; s. 58, ch. 71-377; ss. 40-46, ch. 72-221; s. 10, ch. 74-356; s. 12, ch. 76-223; s. 3, ch. 76-236; s. 16, ch. 78-423; s. 2, ch. 79-256; s. 6, ch. 80-295; s. 2, ch. 81-103; s. 2, ch. 81-247; s. 15, ch. 91-283; s. 137, ch. 94-209; s. 1532, ch. 95-147; s. 2, ch. 95-162; s. 48, ch. 96-410; ss. 13, 112, ch. 97-190; s. 2, ch. 97-212; s. 31, ch. 99-8; s. 5, ch. 2000-301.

230.331  Reproduction and destruction of district school records.--

(1)  The purpose of this section is to reduce the present space required by the district school systems for the storage of their records and to permit the superintendent to administer the affairs of the district school system more efficiently.

(2)  After complying with the provisions of s. 257.37, the superintendent is authorized to photograph, microphotograph, or reproduce documents, records, data, and information of a permanent character which in his or her discretion he or she may select, and the superintendent is authorized to destroy any of the said documents after they have been reproduced and after audit of the superintendent's office has been completed for the period embracing the dates of said instruments. Information made in compliance with the provisions of this section shall have the same force and effect as the originals thereof would have, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions shall be admitted in evidence equally with the originals.

(3)  After complying with the provisions of s. 257.37, the superintendent is authorized, in his or her discretion, to destroy general correspondence which is over 3 years old and other records, papers, and documents over 3 years old which do not serve as part of an agreement or understanding nor have value as permanent records.

History.--ss. 1-3, ch. 57-378; s. 1, ch. 69-300; s. 47, ch. 72-221; s. 59, ch. 91-45; s. 1238, ch. 95-147; s. 14, ch. 97-190.

230.335  Notification of superintendent of certain charges against or convictions of students or employees.--

(1)(a)  Notwithstanding the provisions of s. 985.04(4) or any other provision of law to the contrary, a law enforcement agency shall, within 48 hours, notify the appropriate superintendent of schools of the name and address of any employee of the school district who is charged with a felony or with a misdemeanor involving the abuse of a minor child or the sale or possession of a controlled substance. The notification shall include the specific charge for which the employee of the school district was arrested. Such notification shall include other education providers such as the Florida School for the Deaf and the Blind, university developmental research schools, and private elementary and secondary schools.

(b)  Notwithstanding the provisions of s. 985.04(4) or any other provision of law to the contrary, the court shall, within 48 hours of the finding, notify the appropriate superintendent of schools of the name and address of any student found to have committed a delinquent act, or who has had adjudication of a delinquent act withheld which, if committed by an adult, would be a felony, or the name and address of any student found guilty of a felony. Notification shall include the specific delinquent act found to have been committed or for which adjudication was withheld, or the specific felony for which the student was found guilty.

(2)  Except to the extent necessary to protect the health, safety, and welfare of other students, the information obtained by the superintendent of schools pursuant to this section may be released only to appropriate school personnel or as otherwise provided by law.

History.--s. 1, ch. 87-408; s. 7, ch. 90-208; s. 138, ch. 94-209; s. 22, ch. 95-267; s. 19, ch. 98-280.

230.35  Schools under control of school board and superintendent.--Except as otherwise provided by law, all public schools conducted within the district shall be under the direction and control of the school board with the superintendent as executive officer.

History.--s. 435, ch. 19355, 1939; CGL 1940 Supp. 892(98); s. 43, ch. 29764, 1955; s. 1, ch. 69-300; s. 49, ch. 72-221; s. 15, ch. 97-190.

230.39  Procedure for conducting school district millage elections.--The manner and method for conducting the school district millage elections shall be as prescribed in chapter 236; provided, that the school board shall publish at least once each week for 2 consecutive weeks, beginning not more than 45 days nor less than 30 days prior to the date set for the election, in some newspaper published in the county and with general circulation throughout the county, a notice of the election. One notice of the election shall be sufficient. In case there shall be no newspaper published in the county, the notice of election shall be posted at least 30 days prior to the election.

History.--s. 439, ch. 19355, 1939; CGL 1940 Supp. 892(102); s. 3, ch. 20970, 1941; s. 1, ch. 69-300; s. 1, ch. 71-297; s. 63, ch. 71-355; s. 20, ch. 90-279.

230.63  When area technical centers may be organized.--

(1)  SCHOOL BOARD MAY ESTABLISH OR ACQUIRE ¹AREA TECHNICAL CENTERS.--Any school board, after first obtaining the approval of the Department of Education may, as a part of the district school system under the provisions of s. 228.061, organize, establish and operate an ¹area technical center, or acquire and operate a vocational-technical school previously established.

(2)  SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY ESTABLISH OR ACQUIRE ¹AREA TECHNICAL CENTERS.--The school boards of any two or more contiguous districts may, upon first obtaining the approval of the department, enter into an agreement to organize, establish and operate, or acquire and operate, an ¹area technical center under this section.

History.--s. 1, ch. 63-475; s. 43, ch. 65-239; s. 3, ch. 65-323; ss. 15, 35, ch. 69-106; s. 1, ch. 69-300; s. 75, ch. 73-333.

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.

¹230.64  Area technical center part of district school system; minimum standards.--

(1)  ²AREA TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM DIRECTED BY A DIRECTOR.--An ²area technical center established or acquired under provisions of law, shall comprise a part of the district school system of the state and shall mean an educational institution offering terminal courses of a technical and vocational nature, and courses for out-of-school youth and adults, shall be subject to the general school laws of the state insofar as such laws are applicable, shall be under the control of the school board of the district in which it is located and shall be directed by a director, who shall be responsible through the superintendent to the school board of the district in which the center is located.

(2)  COMMISSIONER SHALL PRESCRIBE MINIMUM STANDARDS.--The commissioner shall prescribe minimum standards that must be met before an area technical center is organized, acquired or operated, and that will assure that the purposes of the center are attained.

History.--s. 1, ch. 63-475; s. 44, ch. 65-239; s. 1, ch. 69-300; s. 55, ch. 72-221; s. 113, ch. 97-190; s. 3(7), ch. 2000-321.

¹Note.--Repealed January 7, 2003, by s. 3(7), ch. 2000-321, and shall be reviewed by the Legislature prior to that date.

²Note.--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.

230.643  Academic transcript for vocational-technical center student; requirement.--Each vocational-technical center shall maintain an academic transcript for each student enrolled in the center. Such transcript shall delineate each course completed by the student. Courses shall be delineated by the course prefix and title assigned pursuant to s. 229.551(1)(f). The center shall make a copy of a student's transcript available to any student who requests such copy.

History.--s. 21, ch. 87-212; s. 49, ch. 95-280.