The Florida Senate

229.001  Short title.

229.002  Declaration of policy and guiding principles.

229.003  Florida education governance reorganization.

229.0031  Council for Education Policy Research and Improvement.

229.004  Florida Board of Education.

229.005  Florida education governance officers.

229.006  Education Governance Reorganization Transition Task Force.

229.0061  Florida's K-20 education system; guidelines for implementation; guidelines for structure, functions, and organization.

229.007  Florida's K-20 education performance accountability system; legislative intent; performance-based funding; mission, goals, and systemwide measures.

229.0072  Reorganization implementation process.

229.0073  Reorganization of the Department of Education.

229.0074  Division of Independent Education.

229.008  Boards of trustees of the state universities.

229.0081  Powers and duties of university boards of trustees.

229.0082  University presidents; powers and duties.

229.001  Short title.--This act may be cited as the "Florida Education Governance Reorganization Implementation Act."

History.--s. 1, ch. 2000-321; s. 1, ch. 2001-170.

229.002  Declaration of policy and guiding principles.--

(1)  It is the policy of the Legislature:

(a)  To achieve within existing resources true systemic change in education governance by establishing a seamless academic educational system that fosters an integrated continuum of kindergarten through graduate school education for Florida's citizens.

(b)  To promote enhanced academic success and funding efficiency by centralizing the governance of educational delivery systems and aligning responsibility with accountability.

(c)  To provide consistent education policy vertically and horizontally across all educational delivery systems, focusing on students.

(d)  To provide substantially improved vertical and horizontal articulation across all educational delivery systems.

(e)  To provide for devolution of authority to the schools, community colleges, universities, and other education institutions that are the actual deliverers of educational services in order to provide student-centered education services within the clear parameters of the overarching education policy established by the Legislature.

(f)  To ensure that independent education institutions and home education programs maintain their independence, autonomy, and nongovernmental status.

(2)  The guiding principles for Florida's new education governance are:

(a)  A coordinated, seamless system for kindergarten through graduate school education.

(b)  A system that is student-centered in every facet.

(c)  A system that maximizes education access and provides the opportunity for a high-quality education for all Floridians.

(d)  A system that safeguards equity and supports academic excellence.

(e)  A system that provides for local operational flexibility while promoting accountability for student achievement and improvement.

History.--s. 2, ch. 2000-321; s. 2, ch. 2001-170.

229.003  Florida education governance reorganization.--

(1)  The Florida Board of Education, created pursuant to s. 229.004, shall be responsible for overseeing kindergarten through graduate school education, in accordance with the implementation process in s. 229.0072 and the policies and guiding principles in s. 229.002 and the mission and goals of s. 229.007.

(2)  There are established the following education governance officers in addition to the Commissioner of Education:

(a)  Chancellor of Public Schools.

(b)  Chancellor of Colleges and Universities.

(c)  Chancellor of Community Colleges.

(d)  Executive Director of Independent Education.

Each chancellor and the executive director shall be appointed by the Florida Board of Education and shall serve at the pleasure and under the authority of the Secretary of the Florida Board of Education.

(3)  The Governor shall appoint a seven-member board of trustees for the Florida Virtual High School, which shall be a body corporate with all the powers of a body corporate.

(4)  The Governor shall appoint for each university in the State University System a 12-member board of trustees, which shall be a body corporate with all the powers of a body corporate. In addition to the 12 members, a student body president shall serve as a voting member of the board of trustees. There shall be no state residency requirement for university board members, but the Governor shall consider diversity and regional representation. Each appointee is subject to confirmation by the Senate in the regular legislative session immediately following his or her appointment.

(5)  Effective July 1, 2001:

(a)  The Board of Regents is abolished.

(b)  All of the powers, duties, functions, records, personnel, and property; unexpended balances of appropriations, allocations, and other funds; administrative authority; administrative rules; pending issues; and existing contracts of the Board of Regents are transferred by a type two transfer, pursuant to s. 20.06(2), to the Florida Board of Education.

(c)  The State Board of Community Colleges is abolished.

(d)  All of the powers, duties, functions, records, personnel, and property; unexpended balances of appropriations, allocations, and other funds; administrative authority; administrative rules; pending issues; and existing contracts of the State Board of Community Colleges are transferred by a type two transfer, pursuant to s. 20.06(2), from the Department of Education to the Florida Board of Education.

(e)  The Postsecondary Education Planning Commission is abolished.

(f)  The Council for Education Policy Research and Improvement is created as an independent office under the Office of Legislative Services.

(g)  All personnel, unexpended balances of appropriations, and allocations of the Postsecondary Education Planning Commission are transferred to the Council for Education Policy Research and Improvement.

(h)  The Articulation Coordinating Committee and the Education Standards Commission are transferred by a type two transfer, pursuant to s. 20.06(2), from the Department of Education to the Florida Board of Education.

(i)  Notwithstanding the provisions of s. 20.15, the Commissioner of Education and the Secretary of the Florida Board of Education shall work together to commence the reorganization of the Department of Education in accordance with s. 229.0073, which shall include an Office of the Commissioner of Education comprised of the general areas of operation that are common to all delivery sectors and, in addition, shall include:

1.  The creation of an Office of Technology and Information Services, an Office of Workforce and Economic Development, an Office of Educational Facilities and SMART Schools Clearinghouse, and an Office of Student Financial Assistance.

2.  The creation of a Division of Colleges and Universities.

3.  The creation of a Division of Community Colleges.

4.  The creation of a Division of Public Schools.

5.  The creation of a Division of Independent Education.

6.  The merger of the powers, duties, and staffs of the State Board of Independent Colleges and Universities and the State Board of Nonpublic Career Education, except as relating to any independent nonprofit college or university whose students are eligible to receive the William L. Boyd, IV, Florida resident access grants pursuant to s. 240.605, into a single Commission for Independent Education administratively housed within the Division of Independent Education.

History.--s. 3, ch. 2000-321; s. 3, ch. 2001-170.

229.0031  Council for Education Policy Research and Improvement.--Effective July 1, 2001, the Council for Education Policy Research and Improvement is created as an independent office under the Office of Legislative Services, pursuant to s. 11.147. The council shall conduct and review education research, provide independent analysis on education progress, and provide independent evaluation of education issues of statewide concern. The Office of Legislative Services shall provide administrative functions of the council, pursuant to joint policies of the Legislature.

(1)  The council shall serve as a citizen board for independent policy research and analysis. The council shall be composed of five members appointed by the Governor, two members appointed by the Speaker of the House of Representatives, and two members appointed by the President of the Senate. Each member shall be appointed for a term of 6 years. However, for purposes of continuity, the Governor shall appoint two members, the Speaker of the House of Representatives shall appoint one member, and the President of the Senate shall appoint one member for a first term of 4 years. Members appointed for 4 years may be reappointed to one additional term. Members shall not include elected officials or employees of public or independent education entities. Members who miss two consecutive meetings may be replaced by the appointing officer.

(2)  The council shall meet as often as it considers necessary to carry out its duties and responsibilities. Members shall be paid travel and per diem expenses as provided in s. 112.061 while performing their duties under this section.

(3)  The council shall appoint an executive director, who shall serve at the pleasure of the council and shall perform the duties assigned to him or her by the council. The executive director is the chief administrative officer of the council and shall appoint all employees and staff members of the council, who shall serve under the executive director's direction and control.

(4)  The council shall:

(a)  Provide state policymakers, educators, and the public with objective and timely information that supports the seamless K-20 education system and the K-20 education accountability process designed to provide all students an opportunity for a high-quality education, in accordance with the policies and guiding principles of s. 229.002 and the performance accountability system in s. 229.007.

(b)  Explore national and state emerging educational issues and examine how these issues should be addressed by education institutions in Florida.

(c)  Prepare and submit to the Florida Board of Education a long-range master plan for education. The plan must include consideration of the promotion of quality, fundamental educational goals, programmatic access, needs for remedial education, regional and state economic development, international education programs, demographic patterns, student demand for programs, needs of particular subgroups of the population, implementation of innovative educational techniques and technology, and requirements of the labor market. The plan must evaluate the capacity of existing programs in public and independent institutions to respond to identified needs, and the council shall recommend efficient alternatives to address unmet needs. The council shall update the master plan at least every 5 years.

(d)  Prepare and submit for approval by the Florida Board of Education a long-range performance plan for K-20 education in Florida, and annually review and recommend improvement in the implementation of the plan.

(e)  Annually report on the progress of public schools and postsecondary education institutions toward meeting educational goals and standards as defined by s. 229.007.

(f)  Recommend to the Legislature and the Florida Board of Education legislation and rules for the educational accountability system that support the policies and guiding principles of s. 229.002.

(g)  Recommend to the Florida Board of Education revisions and new initiatives to further improve the K-20 education accountability system.

(h)  Provide public education institutions and the public with information on the K-20 education accountability system, recommend refinements and improvements, and evaluate issues pertaining to student learning gains.

(i)  On its own initiative or in response to the Governor, the Legislature, the Florida Board of Education, or the Commissioner of Education, issue reports and recommendations on matters relating to any education sector.

(j)  By January 1, 2003, and on a 3-year cycle thereafter, review and make recommendations to the Legislature regarding the activities of research centers and institutes supported with state funds to assess the return on the state's investment in research conducted by public postsecondary education institutions, in coordination with the Leadership Board for Applied Research and Public Service, created pursuant to s. 240.706.

(k)  Apply for and receive grants for the study of K-20 education system improvement consistent with its responsibilities.

(l)  Assist the Florida Board of Education in the conduct of its educational responsibilities in such capacities as the board considers appropriate.

History.--s. 4, ch. 2001-170.

229.004  Florida Board of Education.--

(1)(a)  In accordance with the implementation process in s. 229.0072, the Florida Board of Education is established as a body corporate. The board shall be a citizen board consisting of seven members who are residents of the state appointed by the Governor to staggered 4-year terms, subject to confirmation by the Senate, provided, however, that Senate confirmation is not required for the members of the Florida Board of Education to perform the duties as prescribed in this education governance reorganization implementation act. Members of the board shall serve without compensation, but shall be entitled to reimbursement of travel and per diem expenses in accordance with s. 112.061. Members may be reappointed by the Governor for additional terms not to exceed 8 years of consecutive service.

(b)  The Governor shall appoint the first chair of the Florida Board of Education who shall serve for 2 years. After expiration of the 2-year term and at the first regular meeting of the board after July 1, the Florida Board of Education shall select a chair and a vice chair from its appointed members. The chair shall serve a 2-year term and may be reselected for one additional consecutive term.

(2)  The primary duties of the board shall be to establish education goals and objectives consistent with the policies and guiding principles of s. 229.002 and the mission and goals of s. 229.007 and, together with the Commissioner of Education, to oversee the implementation of and enforce compliance with the education policies established by the Legislature. The board, through its secretary, and the commissioner shall establish, operate, and maintain optimal efficiency of an Office of the Commissioner of Education pursuant to s. 229.0061(2)(c) in accordance with the guidelines of ss. 229.0061 and 229.0073.

(3)  In performing its duties, the board, together with the Commissioner of Education, shall:

(a)  Ensure accountability and responsiveness to Florida's citizens, including the establishment of a Citizen Information Center that utilizes quick response and customer-friendly methodologies.

(b)  Establish and aggressively enforce efficient and effective performance management objectives.

(c)  Maximize the effectiveness of local, state, and federal education linkages and funds.

(d)  Issue guidelines for the development of legislative budget requests for operations and fixed capital outlay for the coordinated K-20 system.

(e)  Recommend a coordinated budget and long-range program plans based on consistent policies for a seamless kindergarten through graduate school education.

(f)  Adopt cohesive rules, within statutory authority, for education systemwide issues, including rules governing systemwide access to educational opportunities, and ensure that rules adopted for the various education delivery systems are compatible.

(g)  Ensure articulation and coordination within and across the entire education delivery system.

(h)  Provide ongoing public information regarding performance results for the entire kindergarten through graduate school education system and each of its components.

(4)  The board, through its secretary, with the Commissioner of Education, shall be responsible for:

(a)  The work of the Chancellor of Public Schools to establish, and maintain optimal efficiency of, a Division of Public Schools, within the guidelines of ss. 229.0061 and 229.0073, and to achieve the mission and goals of s. 229.007.

(b)  The work of the Chancellor of Colleges and Universities to establish, and maintain optimal efficiency of, a Division of Colleges and Universities, within the guidelines of ss. 229.0061 and 229.0073, and to achieve the mission and goals of s. 229.007.

(c)  The work of the Chancellor of Community Colleges to establish, and maintain optimal efficiency of, a Division of Community Colleges, within the guidelines of ss. 229.0061 and 229.0073, and to achieve the mission and goals of s. 229.007.

(d)  The work of the Executive Director of Independent Education to establish, and maintain optimal efficiency of, a Division of Independent Education, within the guidelines of ss. 229.0061 and 229.0073.

History.--s. 4, ch. 2000-321; s. 5, ch. 2001-170.

229.005  Florida education governance officers.--

(1)  COMMISSIONER OF EDUCATION.--The Commissioner of Education shall work with the Florida Board of Education and its secretary to oversee the other education governance officers and focus the entire kindergarten through graduate school education system on accomplishing the policies and guiding principles of s. 229.002 and achieving the mission and goals of s. 229.007. The commissioner shall serve as chief executive officer and, in cooperation with the Secretary of the Florida Board of Education, shall provide education policy and planning direction, program development, performance management, and funding allocation recommendations across the spectrum of kindergarten through graduate school education.

(2)  CHANCELLOR OF PUBLIC SCHOOLS.--The Chancellor of Public Schools shall be appointed by the Florida Board of Education based on his or her ability to work as a division vice president of the seamless K-20 education system with the Florida Board of Education and the other education governance officers to comply with the policies and guiding principles of s. 229.002, to achieve the mission and goals of s. 229.007, to enhance the quality of public K-12 education in Florida, and to maximize the equity of public K-12 education in Florida by moving the focus to the school site and the individual student.

(3)  CHANCELLOR OF COLLEGES AND UNIVERSITIES.--The Chancellor of Colleges and Universities shall be appointed by the Florida Board of Education based on his or her ability to work as a division vice president of the seamless K-20 education system with the Florida Board of Education and the other education governance officers to comply with the policies and guiding principles of s. 229.002, to achieve the mission and goals of s. 229.007, to enhance the national reputation and quality of education and research in Florida's colleges and universities, and to work directly with each of the college and university presidents and boards of trustees in focusing on the education and research needs of the individual college or university and its students.

(4)  CHANCELLOR OF COMMUNITY COLLEGES.--The Chancellor of Community Colleges shall be appointed by the Florida Board of Education based on his or her ability to work as a division vice president of the seamless K-20 education system with the Florida Board of Education and the other education governance officers to comply with the policies and guiding principles of s. 229.002, to achieve the mission and goals of s. 229.007, to enhance the quality of education in Florida's community colleges, and to work directly with each of the community college presidents and boards of trustees in focusing on the education needs of the communities and students they serve.

(5)  EXECUTIVE DIRECTOR OF INDEPENDENT EDUCATION.--The Executive Director of Independent Education shall be appointed by the Florida Board of Education based on his or her ability to work as a division vice president of the seamless K-20 education system with the Florida Board of Education and the other education governance officers to comply with the policies and guiding principles of s. 229.002, to protect the independence, autonomy, and nongovernmental status of independent education in Florida, to enhance the quality and expand the offerings and innovations of independent education in Florida, to establish partnerships with independent education providers at all levels to achieve these goals, and to work directly with the Board of Trustees of the Florida Virtual High School and with Florida's private school associations, home education associations, independent career education institutions, and independent colleges and universities to maximize educational choice and enhance the options, educational alternatives, and student-focused delivery for their students.

History.--s. 5, ch. 2000-321; s. 6, ch. 2001-170.

229.006  Education Governance Reorganization Transition Task Force.--

(1)  In order to accomplish a smooth transition from the elected State Board of Education to the appointed Florida Board of Education, there shall be established the Education Governance Reorganization Transition Task Force. The task force shall be comprised of:

(a)  Five members appointed by the Governor;

(b)  Three members appointed by the President of the Senate; and

(c)  Three members appointed by the Speaker of the House of Representatives.

The transition task force shall make recommendations to the Legislature for an orderly phase-in for a seamless education continuum and a coordinated kindergarten through graduate school budget in accordance with the policies and guiding principles of s. 229.002.

(2)(a)  The members of the transition task force shall serve without compensation, but shall be reimbursed for per diem and travel expenses as provided in s. 112.061.

(b)  The task force shall be housed in the Governor's Office of Planning and Budgeting, and the Governor's Office of Planning and Budgeting shall contract with or employ an executive director for the task force and shall provide the commission with staff and a budget sufficient to accomplish quality work in a timely manner.

(3)  The transition task force may procure information and assistance from any officer or agency of the state or any subdivision thereof. All such officials and agencies shall give the task force all relevant information and assistance on any matter within their knowledge or control. The transition task force may utilize consultants, studies, and other methods of gathering information to assist in developing its recommendations.

(4)  Having completed its recommendations to the Legislature, the transition task force shall redirect its focus to provide guidance and monitoring of the implementation process pursuant to s. 229.0072 and to regularly report to the Governor, the Legislature, the Secretary of the Florida Board of Education, and the public on the progress of the reorganization implementation process. If any implementation activity is determined by a majority vote of the task force to be inconsistent with the intent of this act, the chair of the task force shall report such activity directly to the State Board of Education, and the State Board of Education shall act immediately to resolve the dispute.

(5)  By March 1, 2003, the transition task force shall have completed its duties and shall make its final report to the Governor, the Florida Board of Education, the Commissioner of Education, the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of each chamber. The final report shall include, but is not limited to:

(a)  A summary of the work and recommendations of the task force and the status of full implementation of the K-20 education system.

(b)  The status of all pending and completed actions on orders and rules, all enforcement matters, and all delegations, interagency agreements, and contracts with federal, state, regional, and local governments and private entities.

(c)  Identification of any remaining or potential duplication in the administration of state education laws and rules, with specific recommendations to eliminate such duplication and promote more efficient administration.

History.--s. 6, ch. 2000-321; s. 11, ch. 2001-61; s. 7, ch. 2001-170.

229.0061  Florida's K-20 education system; guidelines for implementation; guidelines for structure, functions, and organization.--

(1)  GUIDELINES FOR IMPLEMENTATION.--

(a)  Florida's seamless K-20 education system shall be a decentralized system in which as many commissions, boards, councils, and other excess layers of bureaucracy as possible are eliminated.

(b)  Florida's K-20 education system shall rely on a single entity, the Florida Board of Education, as its single strategic voice. If the board desires assistance on matters of policy research or other issues, the board shall be authorized to appoint on an ad hoc basis a committee or committees to assist it on any and all issues within the K-20 education system.

(c)  Members of the Florida Board of Education shall focus on high-level policy decisions.

(d)  It is essential to the success of Florida's seamless K-20 education system to have a fully operational systemwide technology plan based on a common set of data definitions.

(2)  GUIDELINES FOR STRUCTURE, FUNCTIONS, AND ORGANIZATION.--

(a)  Roles of the Legislature, the Florida Board of Education, the education governance officers, and the institutional boards of trustees and school boards.--The Legislature shall establish education policy, enact education laws, and appropriate and allocate education resources. The Florida Board of Education shall enforce all laws, rules, and guidelines and shall timely provide direction, resources, assistance, intervention when needed, and strong incentives and disincentives to force accountability for results. In terms of major areas of responsibility, the Legislature, the Florida Board of Education, the education governance officers, and the institutional boards of trustees and school boards shall each perform essential constituent roles.

(b)  Florida Board of Education.--The Florida Board of Education shall serve as the body corporate for Florida's seamless K-20 education system; implement the coordinated education vision; and, together with the Secretary of the Florida Board of Education, the commissioner, the chancellors, and the executive director, oversee the success of that vision. The Florida Board of Education shall:

1.  Enforce systemwide education policies and goals.

2.  Recommend annually the coordinated education budget and authorize the allocation of resources in accordance with law and rule. Any program recommended by the Florida Board of Education which requires state funding for more than 1 year must be presented in a multiyear budget plan.

3.  Adopt long-term and short-term education plans, including a coordinated 5-year plan for postsecondary enrollment which the board shall submit annually to the Legislature and shall review periodically for adjustment.

4.  Adopt university plans designed to achieve continued student diversity in undergraduate, graduate, and professional programs.

5.  Enforce education accountability standards and measures of all components of the K-20 education system.

6.  Accurately and continuously assess data and monitor and report performance.

7.  Provide high-quality assistance and intervention when and where needed.

8.  Provide timely and accurate information on all public and independent education services.

9.  Recommend to the Legislature the missions of the public colleges and universities and community colleges.

(c)  Commissioner of Education.--The Commissioner of Education shall serve as chief executive officer of the seamless K-20 education system. The commissioner shall propose action on all issues that the Florida Board of Education brings before the State Board of Education and shall be responsible for enforcing compliance with the mission and goals of the seamless K-20 education system by all education delivery sectors. The commissioner's office shall operate all statewide functions necessary to support the Florida Board of Education and the seamless K-20 education system, including the following areas:

1.  Legal.

2.  Communications, including a Citizen Information Center that provides quick response and uses customer-friendly methods.

3.  Strategic planning and budget development.

4.  General administration.

5.  Assessment and accountability.

6.  Data management, education technology, and an education data warehouse.

7.  Access and opportunity.

8.  Policy research and development, except the Council for Education Policy Research and Improvement.

9.  Florida Board of Education personnel.

10.  Workforce and economic development.

11.  Educational facilities.

12.  Technology and information services.

13.  Student financial assistance.

14.  Inspector General.

(d)  Chancellors and executive director.--The Chancellor of Public Schools, the Chancellor of Community Colleges, the Chancellor of Colleges and Universities, and the Executive Director of Independent Education shall serve the Florida Board of Education, the Secretary of the Florida Board of Education, and the Commissioner of Education in the role of division vice presidents of the K-20 education system and as governance officers and critical members of the state-level education leadership team. They shall each be held responsible for providing leadership, administering programs, resolving disputes, providing technical assistance, and timely recommending action plans to the commissioner for sanctions or intervention when needed, as well as making recommendations to the board, the secretary, and the commissioner for strategic planning and budget development for their respective education delivery sectors. They shall support the governing policies and responsibilities of the board, the secretary, and the commissioner and bear primary responsibility for the achievement of the mission and goals of the K-20 education system by their education delivery sectors, as applicable to their sectors. They shall reinforce the policies and principles of the seamless K-20 education system in every venue and at every opportunity, and work together to facilitate horizontal communications and interactions between the education delivery sectors. Specifically, as applicable, each education governance officer shall:

1.  Serve as the head of the division.

2.  Supervise all employees and work of the division.

3.  Properly and timely inform education institutions and the public as to legislative action, including funding, grant opportunities, and substantive policy changes affecting the division.

4.  Direct the review of expenditures of public funds in accordance with legislative intent.

5.  Evaluate the performance of each education institution under the division and report performance results to the public, the Legislature, the Commissioner of Education, the Florida Board of Education, and the institution and its governing board.

6.  Direct institutional governing boards to take corrective action to improve unsatisfactory performance pursuant to law and rules of the Florida Board of Education.

7.  Direct and oversee the development of the division's accountability system and recommend changes to the Commissioner of Education and the Florida Board of Education.

8.  Direct the division's activities in order to coordinate with other divisions to provide a seamless education system.

9.  Direct the provision of state services to institutions under the division.

10.  Direct the development of the division's legislative budget request and work cooperatively with the commissioner and other governance officers to develop a coordinated budget request.

11.  Serve as the primary point of contact and communication for the division.

(e)  Institutional boards of trustees and school boards.--Each institutional board of trustees and school board shall:

1.  Provide strategic planning and budget development for their institution or school district.

2.  Implement and maintain high-quality education programs within law and rules of the Florida Board of Education.

3.  Measure and enforce performance.

4.  Provide timely and accurate reporting of information.

5.  Provide direct input on education issues to the education governance officers.

6.  Have broad latitude within law and rules of the Florida Board of Education in developing local policies and local programs to meet the needs of their students, their communities, and area employers.

7.  Hold presidents and appointed superintendents responsible for institution and school performance.

8.  Be responsible for the fiscal accountability of their institution or school district.

9.  Be responsible for compliance with all laws, rules of the Florida Board of Education, and performance accountability requirements.

(f)  Presidents and superintendents.--Each institutional president and school district superintendent shall:

1.  Be responsible for efficient and effective budget and program administration.

2.  Provide strong leadership to accomplish their education missions and goals.

3.  Closely monitor education performance.

4.  Provide timely and accurate financial and performance data.

5.  Link instructional staff evaluations to student performance.

(g)  Ad hoc advisory committees.--Advisory bodies shall be appointed on an ad hoc basis by the Florida Board of Education to serve the board, commissioner, and chancellors when and as needed by studying and recommending action on major issues that affect the direction and quality of education, providing public forums for debate, and safeguarding a coordinated systemwide approach to education policy decisions.

History.--s. 8, ch. 2001-170.

229.007  Florida's K-20 education performance accountability system; legislative intent; performance-based funding; mission, goals, and systemwide measures.--

(1)  LEGISLATIVE INTENT.--It is the intent of the Legislature that:

(a)  The performance accountability system implemented to assess the effectiveness of Florida's seamless K-20 education delivery system provide answers to the following questions in relation to its mission and goals:

1.  What is the public getting in return for funds it invests in education?

2.  How is Florida's K-20 education system performing in terms of educating its students?

3.  How are the major delivery sectors performing to promote student achievement?

4.  How are individual schools and postsecondary education institutions performing their responsibility to educate their students as measured by how students are performing and how much they are learning?

(b)  The Florida Board of Education recommend to the Legislature systemwide performance standards; the Legislature establish systemwide performance measures and standards; and the systemwide measures and standards provide Floridians with information on what the public is getting in return for the funds it invests in education and how well the K-20 system educates its students.

(c)  The Florida Board of Education establish performance measures and set performance standards for individual components of the public education system, including individual schools and postsecondary education institutions, which measures and standards are based primarily on student achievement.

(2)  PERFORMANCE-BASED FUNDING.--The Florida Board of Education shall work with the chancellors and each delivery system to develop proposals for performance-based funding, using performance measures established by the Legislature. The proposals must provide that at least 10 percent of the state funds appropriated for the K-20 education system are conditional upon meeting or exceeding established performance standards. The Florida Board of Education must submit the recommendations to the Legislature in the following sequence:

(a)  By December 1, 2002, recommendations for state universities, for consideration by the 2003 Legislature and implementation in the 2003-2004 fiscal year.

(b)  By December 1, 2003, recommendations for public schools and workforce education, for consideration by the 2004 Legislature and implementation in the 2004-2005 fiscal year.

(c)  By December 1, 2004, recommendations for community colleges, for consideration by the 2005 Legislature and implementation in the 2005-2006 fiscal year.

(d)  By December 1, 2005, recommendations for all other programs that receive state funds within the Department of Education.

(3)  MISSION, GOALS, AND SYSTEMWIDE MEASURES.--The mission of Florida's K-20 education system, when it becomes fully operational, shall be to increase the proficiency of all students within one seamless, efficient system, by providing them with the opportunity to expand their knowledge and skills through learning opportunities and research valued by students, parents, and communities, and to maintain an accountability system that measures student progress toward the following goals:

(a)  Highest student achievement, as measured by: student FCAT performance and annual learning gains; the number and percentage of schools that improve at least one school performance grade designation or maintain a school performance grade designation of "A" pursuant to s. 229.57; graduation or completion rates at all learning levels; and other measures identified in law or rule.

(b)  Seamless articulation and maximum access, as measured by: the percentage of students who demonstrate readiness for the educational level they are entering, from kindergarten through postsecondary education and into the workforce; the number and percentage of students needing remediation; the percentage of Floridians who complete associate, baccalaureate, professional, and postgraduate degrees; the number and percentage of credits that articulate; the extent to which each set of exit-point requirements matches the next set of entrance-point requirements; and other measures identified in law or rule.

(c)  Skilled workforce and economic development, as measured by: the number and percentage of graduates employed in their areas of preparation; the percentage of Floridians with high school diplomas and postsecondary education credentials; the percentage of business and community members who find that Florida's graduates possess the skills they need; and other measures identified in law or rule.

(d)  Quality efficient services, as measured by: cost per completer or graduate; average cost per noncompleter at each educational level; cost disparity across institutions offering the same degrees; the percentage of education customers at each educational level who are satisfied with the education provided; and other measures identified in law or rule.

History.--s. 9, ch. 2001-170.

229.0072  Reorganization implementation process.--In order to best achieve the legislative purpose of the Florida Education Governance Reorganization Implementation Act:

(1)  The Governor shall appoint the members of the boards of trustees of the state universities in accordance with s. 229.008.

(2)  Effective July 1, 2001, the Governor shall appoint a seven-member Florida Board of Education and a Secretary of the Florida Board of Education. The Florida Board of Education shall be housed within, and operate under the direction of, the State Board of Education. The Secretary of the Florida Board of Education shall possess proven organizational leadership and knowledge of broad-based education policy. The secretary shall be confirmed by the Senate during the 2002 regular legislative session, but may perform all duties in the interim. The secretary shall serve as secretary to the board and as the board's primary liaison with all entities involved in the reorganization of education. The secretary shall be responsible directly to the Florida Board of Education and shall serve as staff to the board on all action items relating to the reorganization. During the reorganization implementation period, the secretary shall:

(a)  Be responsible for proposing actions regarding all education governance reorganization implementation issues.

(b)  Be responsible for integration of the Department of Education as it is reorganized into an agency of the Governor.

(c)  Serve as the head of the Education Reorganization Workgroup.

(d)  Serve as the head of the K-20 education leadership team.

(3)  The Florida Board of Education shall establish a detailed procedure for the implementation of a systemwide K-20 technology plan which includes a month-by-month timeline with monthly progress reports to the board.

(4)  Subject to review and approval of the State Board of Education, the Florida Board of Education shall:

(a)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it. The rules shall be submitted to the State Board of Education. If any rule is not disapproved by the State Board of Education within 45 days after its receipt, the rule shall be filed immediately with the Department of State.

(b)  Prepare and submit a coordinated K-20 education budget to the Governor and Legislature that clearly defines the individual needs of the divisions within the Department of Education.

(c)  Establish a work plan and timeline for the orderly implementation of the transition, including a fully detailed plan and timeline for the devolution of duties, as appropriate, to the university boards of trustees.

(d)  Establish accountability standards for existing legislative performance goals, standards, and measures, and order the development of mechanisms to implement new legislative goals, standards, and measures.

(e)  Supervise the coordination of institutions and delivery sectors.

(f)  Establish policies for university and community college boards of trustees to follow in selecting presidents.

(g)  Approve plans and reports, and take other necessary actions pertaining to the supervision of education.

(h)  Effectuate the timely implementation of the seamless K-20 education system.

(i)  Establish advisory boards on an ad hoc basis to provide the support needed to address issues such as public education facilities planning; student issues; instructional issues; distance learning and technology; academic quality, freedom, and responsibility; and research.

(j)  Develop and review recommendations on issues of statewide importance, such as technology systems and facilities.

(k)  Adopt criteria and implementation plans for future growth issues, such as new colleges and universities and campus mergers; and provide for cooperative agreements between and within public and private education sectors.

(l)  Advise the State Board of Education regarding the issuance of bonds.

(m)  Develop, and periodically review for adjustment, a coordinated 5-year plan for postsecondary enrollment and annually submit the plan to the Legislature.

(n)  Develop and recommend to the Education Governance Reorganization Transition Task Force, the Governor, the Secretary of the Florida Board of Education, the Commissioner of Education, and the Legislature, no later than January 1, 2002, for adoption during 2002, a clear, concise new School Code, comprised of the revision of chapters 228-246, to accomplish the implementation, administration, and operation of Florida's seamless K-20 education system in accordance with the guidelines included in s. 229.0061.

(o)  Serve as the successor for all collective bargaining agreements currently in effect with the Board of Regents.

(5)  Effective July 1, 2001, the Commissioner of Education shall:

(a)  Work with the Florida Board of Education and its secretary to achieve full implementation of the seamless K-20 education system.

(b)  Commence reorganization of the Department of Education as a state agency of the Governor in accordance with legislative guidelines pursuant to s. 229.0073, the requirements of s. 229.003(5), and requests of the Florida Board of Education as approved by the State Board of Education.

(c)  As Secretary of the State Board of Education, assist the Secretary of the Florida Board of Education in determining the agenda for the Florida Board of Education and provide the Florida Board of Education and the State Board of Education the full support of the reorganized Department of Education.

History.--s. 10, ch. 2001-170.

229.0073  Reorganization of the Department of Education.--Effective July 1, 2001, notwithstanding the provisions of s. 20.15, the secretary's Education Reorganization Workgroup is established to direct and provide oversight for the reorganization of Florida's K-20 Department of Education. The workgroup shall be comprised of the Secretary of the Florida Board of Education, the Commissioner of Education, the Governor or his designee, the Chancellor of Colleges and Universities, the Chancellor of Community Colleges, the Chancellor of Public Schools, and the Executive Director of Independent Education, who shall consult with the legislative members of the Education Governance Reorganization Transition Task Force. The reorganization shall:

(1)  Eliminate duplication across divisions; achieve greater efficiencies in financial and human resources and education services; and identify functions, resources, and services that should be eliminated, transferred, or realigned.

(2)  Include a review and assessment of all bureaus, offices, divisions, and functions of the department reorganized pursuant to this section.

(3)  Establish an Office of the Commissioner of Education that includes the general areas of operation that are common to all delivery sectors, such as administration, communication, legal services, financial aid, and government and public relations, in order to increase efficiency, improve service delivery to students, and fully support the operational needs of the Florida Board of Education.

(4)  Establish the following divisions within the department:

(a)  Division of Public Schools (K-12).--The state's public elementary, middle, junior high, and high schools, as well as combination schools, charter schools, district magnet programs, and area technical centers.

(b)  Division of Community Colleges.--The state's 28 public community colleges.

(c)  Division of Colleges and Universities.--The state's public universities and colleges and the 4-year independent colleges and universities whose students are eligible to receive the William L. Boyd, IV, Florida resident access grants pursuant to s. 240.605, to enable more effective articulation between these public and private institutions. The division chancellor shall administer those provisions of chapter 246 that apply to the independent colleges and universities within the division and shall establish a liaison responsible for partnerships that enhance articulation between and communication with Florida's 4-year independent colleges and universities.

(d)  Division of Independent Education.--The independent education providers within the state, including home education programs that meet the requirements of s. 232.0201, private K-12 institutions as described in s. 229.808, independent colleges and universities, except those identified under paragraph (c), and private postsecondary career preparation and vocational training institutions.

1.  The division shall be under an executive director and shall house a new commission, appointed by the Governor, to oversee licensing of independent postsecondary institutions, consumer protection, and program improvement. The commission shall have the powers and duties of the State Board of Independent Colleges and Universities specified in chapter 246, except the powers and duties relating to those institutions identified under paragraph (c), and of the State Board of Nonpublic Career Education.

2.  The division shall serve as the advocate for and liaison to the independent education providers identified in this paragraph.

3.  The executive director of the division shall establish a mechanism for regular interaction and input from independent education providers in the development of policies that provide seamless articulation for all students.

4.  The division shall afford students and parents educational options apart from the public K-20 system.

(5)  Establish the following offices within the Office of the Commissioner of Education which shall coordinate their activities with all other divisions and offices:

(a)  Office of Technology and Information Services.--In conjunction with the Chancellor of Public Schools, the Chancellor of Community Colleges, and the Chancellor of Colleges and Universities, the office shall be responsible for developing a systemwide technology plan, making budget recommendations to the commissioner, providing data collection and management for the system, and coordinating services with other state, local, and private agencies. The office shall develop a method to address the need for a statewide approach to planning and operations of library and information services to achieve a single K-20 education system library information portal and a unified higher education library management system. The Florida Virtual High School shall be administratively housed within the office.

(b)  Office of Workforce and Economic Development.--The office shall evaluate the role of each sector of education in Florida's workforce and economic development, assess the specific work skills and variety of careers provided, and report to the Florida Board of Education the effectiveness of each sector.

(c)  Office of Educational Facilities and SMART Schools Clearinghouse.--The office shall validate all educational plant surveys and verify Florida Inventory of School Houses (FISH) data. The office shall provide technical assistance to public school districts when requested. The office, staff, property, and functions of the SMART Schools Clearinghouse are transferred by a type two transfer, pursuant to s. 20.06(2), from the Department of Management Services to the Office of Educational Facilities and SMART Schools Clearinghouse within the Office of the Commissioner of Education.

(d)  Office of Student Financial Assistance.--The office shall provide access to and administer state and federal grants, scholarships, and loans to those students seeking financial assistance for postsecondary study pursuant to program criteria and eligibility requirements.

(6)  Establish a K-20 education leadership team, including, but not limited to, the Secretary of the Florida Board of Education and the education governance officers. The leadership team shall be responsible for systemwide horizontal and vertical communication, and assisting the achievement of the seamless K-20 education system.

History.--s. 11, ch. 2001-170.

229.0074  Division of Independent Education.--

(1)  The mission of the Division of Independent Education is to enhance the opportunity to raise the educational attainment levels of students pursuing their education in nongovernment settings by representing their interests, and those of the institutions that serve them, in the Department of Education. The Division of Independent Education has no authority over the institutions or students in Florida's independent education sector. The Commission for Independent Education, administratively housed within the division, shall have such authority as specified in chapter 246 relating to independent postsecondary education, except regarding those institutions described in s. 229.0073(4)(c). The division shall serve as the advocate for, and liaison to, independent education providers and institutions, including home education programs that meet the requirements of s. 232.0201, private K-12 institutions as described in s. 229.808, independent colleges and universities except as otherwise provided in s. 229.0073(4)(c), and private postsecondary career preparation/vocational training institutions.

(2)  The executive director of the division shall establish a mechanism for regular interaction and input from independent education providers in the development of policies that provide seamless articulation for all students. The executive director shall:

(a)  Learn the interests and concerns of the students and providers of independent education at all levels in order to strongly represent them in the Department of Education.

(b)  Articulate the interests and concerns of the students and providers of independent education at all levels in all relevant government settings, accurately reflecting the consensus or differences in opinion among those represented.

(c)  Participate with the other division heads in key education decisionmaking processes.

(d)  Monitor and participate in rulemaking and other activities relevant to the interests of the independent education sector.

(e)  Serve as a key spokesperson for the independent education sector.

(f)  Advocate for any necessary educational services and funds for independent education sector families and schools.

(g)  Establish a clearinghouse of information.

(h)  Foster a collaborative spirit and working relationship among the institutions of the private and public sectors.

(i)  Identify and convey the best practices of the independent education sector for the benefit of the other education delivery sectors, and vice versa.

(j)  Augment, where appropriate, the efforts of groups representing the students and providers of independent education to communicate their concerns to government.

(k)  Facilitate the administration of education services provided by the Department of Education to the independent education sector, such as those relating to teacher certification and background checks.

(l)  Encourage student-centered funding and the expansion of family choice in education.

(m)  Develop and propose courses of action to the representatives of the independent education sector.

(n)  Communicate relevant decisions to the independent education sector.

(o)  Establish and oversee the division staff necessary to carry out the division's functions in the most economical and effective manner.

(p)  Evaluate pending policies to ensure they do not place additional regulation or mandates on the independent education community.

(3)  The powers and duties of the State Board of Independent Colleges and Universities and the State Board of Nonpublic Career Education, except as relating to any independent nonprofit college or university whose students are eligible to receive the William L. Boyd, IV, Florida resident access grants pursuant to s. 240.605, shall be combined and transferred to a single board named the Commission for Independent Education, which shall be administratively housed within the division. This single board shall authorize granting of certificates, diplomas, and degrees for independent postsecondary education institutions through exemption, registration, authorization, and licensing.

(4)  The Commission for Independent Education shall consist of six citizens who are residents of this state. The commission shall function in matters relating to independent postsecondary education institutions in consumer protection, program improvement, registration, authorization, licensure, and certificate of exemption from licensure for institutions under its purview, in keeping with the stated goals of the seamless K-20 education system. The commission shall appoint an executive director to serve as secretary of the commission and shall elect a chair and other officers as needed from among its membership. Members of the commission shall be appointed by the Governor and confirmed by the Senate. The commission shall be composed of six members, as follows:

(a)  One member from an independent college or university that enrolls students who receive state or federal financial aid.

(b)  One member from an independent college or university that does not enroll students who receive state or federal financial aid excluding veteran's benefits.

(c)  One member from an independent nondegree granting school that enrolls students who receive state or federal financial aid.

(d)  One member from a public school district or community college who is an administrator of vocational-technical education.

(e)  Two lay members who are not affiliated with an independent postsecondary education institution.

(5)  The establishment of the Division of Independent Education shall not be construed to advance the extension or expansion of government regulation of independent or home education programs, and nothing contained in this act shall authorize the state or any school district to further regulate, control, or interfere with the autonomy of independent K-12 schools or home education programs, or their governance, curriculum, accreditation, testing, or other practices.

History.--s. 12, ch. 2001-170.

229.008  Boards of trustees of the state universities.--

(1)(a)  Effective July 1, 2001, and no later than November 1, 2001, the Governor shall appoint a 13-member board of trustees for each university in the State University System, each member to be confirmed by the Senate in the regular legislative session immediately following his or her appointment. In addition, a student body president shall serve as a voting member of his or her university board of trustees. There shall be no state residency requirement for university board members, but the Governor shall consider diversity and regional representation. Members of the boards of trustees shall receive no compensation but may be reimbursed for travel and per diem expenses as provided in s. 112.061.

(b)  The Governor may remove a trustee upon the recommendation of the Florida Board of Education, or for cause.

(2)  Each board of trustees shall be a public body corporate by the name of "The (name of university) Board of Trustees," with all the powers of a body corporate, including a corporate seal, the power to contract and be contracted with, to sue and be sued, to plead and be impleaded in all courts of law or equity, and to give and receive donations. In all suits against a board of trustees, service of process shall be made on the chair of the board or, in the absence of the chair, on the corporate secretary or designee.

(3)  Boards of trustees' members shall be appointed for staggered 4-year terms, and may be reappointed for additional terms not to exceed 8 years of service.

(4)  Each board of trustees shall select its chair and vice chair from the appointed members at its first regular meeting after July 1. The chair shall serve for 2 years and may be reselected for one additional consecutive term. The duties of the chair shall include presiding at all meetings of the board, calling special meetings of the board, attesting to actions of the board, and notifying the Governor in writing whenever a board member fails to attend three consecutive regular board meetings in any fiscal year, which failure may be grounds for removal. The duty of the vice chair is to act as chair during the absence or disability of the chair.

(5)  The university president shall serve as executive officer and corporate secretary of the board of trustees and shall be responsible to the board for all operations of the university and for setting the agenda for meetings of the board in consultation with the chair.

(6)  Upon appointment, each board of trustees shall commence professional orientation, training, and board development activities, and shall begin setting direction for its university in keeping with accountability and performance expectations of the seamless K-20 education system. Each board of trustees shall submit to the Florida Board of Education action plans and timelines for devolution of duties and responsibilities to the board of trustees.

(7)  The boards of trustees shall be responsible for cost-effective policy decisions appropriate to the university's mission, the implementation and maintenance of high-quality education programs within law and rules of the Florida Board of Education, the measurement of performance, the reporting of information, and the provision of input regarding state policy, budgeting, and education standards.

(8)  Whenever any civil action has been brought against any member of a university board of trustees or employee for any act or omission arising out of and in the course of the performance of his or her duties and responsibilities, the university board of trustees may defray all costs of defending such action, including reasonable attorney's fees and expenses, together with costs of appeal, and may save harmless and protect such person from any financial loss resulting from the lawful performance of his or her duties and responsibilities. Claims based on such actions or omissions may, in the discretion of the university board of trustees, be settled prior to or after the filing of suit thereon. The board of trustees may arrange for and pay the premium for appropriate insurance to cover all such losses and expenses.

(9)  University boards of trustees shall be "corporations primarily acting as instrumentalities or agencies of the state," pursuant to s. 768.28(2), for purposes of sovereign immunity.

History.--s. 13, ch. 2001-170.

229.0081  Powers and duties of university boards of trustees.--

(1)  Notwithstanding the provisions of chapter 240, each university board of trustees is vested with the authority to govern and set policy for its university, as necessary to provide proper governance and improvement of the university in accordance with law and with rules of the Florida Board of Education. Each board of trustees shall perform all duties assigned by law or by rule of the Florida Board of Education or the Commissioner of Education.

(2)  Notwithstanding the provisions of chapter 240, each university board of trustees may adopt rules and policies consistent with the university mission, with law, and with rule of the Florida Board of Education, including rules and policies for the following:

(a)  Selecting the president to serve at the pleasure of the board and perform such duties as are assigned by the board or otherwise provided by law or by rule.

(b)  Fixing the compensation and other conditions of employment of the president.

(c)  Conducting periodic evaluations of the president, submitting such evaluations to the Chancellor for review, and suspending or removing the president in accordance with guidelines established by the Chancellor.

(d)  Appointing a presidential search committee to make recommendations to the full board of trustees, from which the board shall select a candidate for reference to the Chancellor and ratification by the Florida Board of Education.

(e)  In consultation with the university president, defining and developing a strategic plan for the university for recommendation to the Chancellor, the Commissioner of Education, and the Florida Board of Education, as provided by law, specifying institutional goals and objectives.

(f)  In consultation with the university president, providing for academic freedom and academic responsibility at the university.

(g)  In consultation with the university president, submitting an institutional budget request, including a request for fixed capital outlay, to the Chancellor in accordance with guidelines established by the Florida Board of Education.

(h)  Approving new, and terminating existing, undergraduate and graduate degree programs up to and including the master's degree level, based on criteria established by the Florida Board of Education.

(i)  Purchasing, acquiring, receiving, holding, owning, managing, leasing, selling, disposing of, and conveying title to real property, in accordance with rules and guidelines of the Florida Board of Education.

(j)  Entering into agreements for and accepting credit card, charge card, and debit card payments as compensation for goods, services, tuition, and fees.

(k)  Establishing codes of conduct and appropriate penalties for violations of university rules by students and student organizations, including rules governing student academic honesty.

(l)  Establishing a committee, at least one-half of the members of which shall be students appointed by the student body president, to periodically review and evaluate the student judicial system.

(m)  Administering the personnel program for all employees of the university in accordance with law and with rules and guidelines of the Florida Board of Education, including: compensation and other conditions of employment, recruitment and selection, nonreappointment, standards for performance and conduct, evaluation, benefits and hours of work, recognition, inventions and works, travel, learning opportunities, academic freedom and responsibility, promotion, assignment, demotion, transfer, tenure and permanent status, ethical obligations and conflicts of interest, restrictive covenants, disciplinary actions, complaints, appeals and grievance procedures, and separation and termination from employment.

(n)  Establishing and maintaining a personnel exchange program.

(o)  Governing admission of students subject to the rules of the Florida Board of Education.

(p)  Considering the past actions of any person applying for admission, enrollment, or employment, and establishing policies to deny admission, enrollment, or employment to an applicant because of misconduct if determined to be in the best interest of the university.

(q)  Ensuring compliance with federal laws, regulations, and requirements.

(r)  Using, maintaining, protecting, and controlling university-owned or university-controlled buildings and grounds, property and equipment, name, trademarks and other proprietary marks, and the financial and other resources of the university. Such authority may include placing restrictions on activities and on access to facilities, firearms, food, tobacco, alcoholic beverages, distribution of printed materials, human subjects, animals, and sound.

(s)  Providing and coordinating policies relating to credit and noncredit educational offerings by the university.

(t)  Administering a procurement program for the purchase, lease, or acquisition in any manner (including purchase by installment or lease-purchase contract which may provide for the payment of interest on the unpaid portion of the purchase price and for the granting of a security interest in the items purchased) of goods, materials, equipment, and services required by the university.

(u)  Supervising faculty practice plans for the academic health science centers.

(v)  Prescribing conditions for university health services support organizations to be certified and to use university property and services.

(w)  Prescribing conditions, which include audit review and oversight by the board of trustees, for university direct-support organizations to use university property and services.

(3)  Each board of trustees shall actively implement a plan, in accordance with guidelines of the Florida Board of Education, for working on a regular basis with the other university boards of trustees, representatives of the community college boards of trustees, and representatives of the district school boards, to achieve the goals of the seamless education system.

(4)  Notwithstanding the provisions of s. 216.351, a state university board of trustees may authorize the rent or lease of parking facilities, provided that such facilities are funded through parking fees or parking fines imposed by a university. A board of trustees may authorize a university to charge fees for parking at such rented or leased parking facilities.

(5)  Effective July 1, 2002, within proviso in the General Appropriations Act and law, each board of trustees shall set university tuition and fees. The sum of the activity and service, health, and athletic fees a student is required to pay to register for a course shall not exceed 40 percent of the matriculation fee established in law or in the General Appropriations Act. No university shall be required to lower any fee in effect on the effective date of this act in order to comply with this subsection. Within the 40 percent cap, universities may not increase the aggregate sum of activity and service, health, and athletic fees more than 5 percent per year unless specifically authorized in law or in the General Appropriations Act. This subsection does not prohibit a university from increasing or assessing optional fees related to specific activities that are not required as a part of registration for courses.

(6)  Effective July 1, 2002, each board of trustees shall implement the university facilities plan in accordance with law and guidelines of the Commissioner of Education's Office of Educational Facilities and SMART Schools Clearinghouse.

(7)  A board of trustees shall perform such other duties as are provided by law or rule of the Florida Board of Education.

History.--s. 14, ch. 2001-170.

229.0082  University presidents; powers and duties.--The president is the chief executive officer of the university, shall be corporate secretary of the state university board of trustees, and is responsible for the operation and administration of the university. Each university president shall:

(1)  Recommend the adoption of rules, as appropriate, to the state university board of trustees to implement provisions of law governing the operation and administration of the university, which shall include the specific powers and duties enumerated in this section. Such rules shall be consistent with the mission of the university and the rules and policies of the Florida Board of Education.

(2)  Prepare a budget request and an operating budget for approval by the university board of trustees.

(3)  Establish and implement policies and procedures to recruit, appoint, transfer, promote, compensate, evaluate, reward, demote, discipline, and remove personnel, within law and rules of the Florida Board of Education and in accordance with rules or policies approved by the university board of trustees.

(4)  Govern admissions, subject to law and rules or policies of the university board of trustees and the Florida Board of Education.

(5)  Approve, execute, and administer contracts for and on behalf of the university board of trustees for the acquisition of commodities, goods, equipment, services, leases of real and personal property, and planning and construction to be rendered to or by the university, provided such contracts are within law and guidelines of the Florida Board of Education and in conformance with policies of the university board of trustees, and are for the implementation of approved programs of the university.

(6)  Act for the university board of trustees as custodian of all university property. The authority vested in the university president under this subsection includes the authority to prioritize the use of university space, property, equipment, and resources and the authority to impose charges for the use of those items.

(7)  Establish the internal academic calendar of the university within general guidelines of the Florida Board of Education.

(8)  Administer the university's program of intercollegiate athletics.

(9)  Recommend to the board of trustees the establishment and termination of undergraduate and master's-level degree programs within the approved role and scope of the university.

(10)  Award degrees.

(11)  Recommend to the board of trustees a schedule of tuition and fees to be charged by the university, within law and rules of the Florida Board of Education.

(12)  Organize the university to efficiently and effectively achieve the goals of the university.

(13)  Review periodically the operations of the university in order to determine how effectively and efficiently the university is being administered and whether it is meeting the goals of its strategic plan adopted by the Florida Board of Education.

(14)  Enter into agreements for student exchange programs which involve students at the university and students in other institutions of higher learning.

(15)  Approve the internal procedures of student government organizations and provide purchasing, contracting, and budgetary review processes for these organizations.

(16)  Ensure compliance with federal and state laws, regulations, and other requirements that are applicable to the university.

(17)  Maintain all data and information pertaining to the operation of the university, and report on the attainment by the university of institutional and statewide performance accountability goals.

(18)  Adjust property records and dispose of state-owned tangible personal property in the university's custody in accordance with procedures established by the university board of trustees. Notwithstanding the provisions of s. 273.055(5), all moneys received from the disposition of state-owned tangible personal property shall be retained by the university and disbursed for the acquisition of tangible personal property and for all necessary operating expenditures. The university shall maintain records of the accounts into which such moneys are deposited.

History.--s. 15, ch. 2001-170.

229.011  State functions.

229.012  Composition of the State Board of Education.

229.031  Quorum.

229.041  Regulations and standards have force of law.

229.053  General powers of state board.

229.0535  Authority to enforce school improvement.

229.0537  Opportunity Scholarship Program.

229.05371  The John M. McKay Scholarships for Students with Disabilities Program.

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

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

229.085  Custody of educational funds.

229.111  Gifts to state public education system or school fund.

229.121  Land of the State School Fund; exemption from taxation.

229.133  Career education programs to meet workforce shortages; rulemaking.

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

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

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

Note.--Former s. 229.01.

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

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

Note.--Former s. 229.15.

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

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

Note.--Former s. 229.05.

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

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

Note.--Former s. 229.06.

¹229.053  General powers of state board.--

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

(2)  The board has the following duties:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

229.0535  Authority to enforce school improvement.--It is the intent of the Legislature that all public schools be held accountable for students performing at acceptable levels. A system of school improvement and accountability that assesses student performance by school, identifies schools in which students are not making adequate progress toward state standards, institutes appropriate measures for enforcing improvement, and provides rewards and sanctions based on performance shall be the responsibility of the State Board of Education.

(1)  Pursuant to Art. IX of the State Constitution prescribing the duty of the State Board of Education to supervise Florida's public school system and notwithstanding any other statutory provisions to the contrary, the State Board of Education shall intervene in the operation of a district school system when one or more schools in the school district have failed to make adequate progress for 2 school years in a 4-year period. For purposes of determining when a school is eligible for state board action and opportunity scholarships for its students, the terms "2 years in any 4-year period" and "2 years in a 4-year period" mean that in any year that a school has a grade of "F," the school is eligible for state board action and opportunity scholarships for its students if it also has had a grade of "F" in any of the previous 3 school years. Except as otherwise provided in s. 229.57(8), a performance rating based on data before the 1998-1999 school year data may not be included in a 4-year period. The state board may determine that the school district or school has not taken steps sufficient for students in the school to be academically well served. Considering recommendations of the Commissioner of Education, the state board shall recommend action to a district school board intended to improve educational services to students in each school that is designated as performance grade category "F." Recommendations for actions to be taken in the school district shall be made only after thorough consideration of the unique characteristics of a school, which shall include student mobility rates, the number and type of exceptional students enrolled in the school, and the availability of options for improved educational services. The state board shall adopt by rule steps to follow in this process. Such steps shall provide school districts sufficient time to improve student performance in schools and the opportunity to present evidence of assistance and interventions that the school board has implemented.

(2)  The state board is specifically authorized to recommend one or more of the following actions to school boards to enable students in schools designated as performance grade category "F" to be academically well served by the public school system:

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

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

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

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

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

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

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

History.--s. 1, ch. 96-369; s. 47, ch. 97-190; s. 1, ch. 99-398.

229.0537  Opportunity Scholarship Program.--

(1)  FINDINGS AND INTENT.--The purpose of this section is to provide enhanced opportunity for students in this state to gain the knowledge and skills necessary for postsecondary education, a technical education, or the world of work. The Legislature recognizes that the voters of the State of Florida, in the November 1998 general election, amended s. 1, Art. IX of the Florida Constitution so as to make education a paramount duty of the state. The Legislature finds that the State Constitution requires the state to provide the opportunity to obtain a high-quality education. The Legislature further finds that a student should not be compelled, against the wishes of the student's parent or guardian, to remain in a school found by the state to be failing for 2 years in a 4-year period. The Legislature shall make available opportunity scholarships in order to give parents and guardians the opportunity for their children to attend a public school that is performing satisfactorily or to attend an eligible private school when the parent or guardian chooses to apply the equivalent of the public education funds generated by his or her child to the cost of tuition in the eligible private school as provided in paragraph (6)(a). Eligibility of a private school shall include the control and accountability requirements that, coupled with the exercise of parental choice, are reasonably necessary to secure the educational public purpose, as delineated in subsection (4).

(2)  OPPORTUNITY SCHOLARSHIP ELIGIBILITY.--A public school student's parent or guardian may request and receive from the state an opportunity scholarship for the child to enroll in and attend a private school in accordance with the provisions of this section if:

(a)  By assigned school attendance area or by special assignment, the student has spent the prior school year in attendance at a public school that has been designated pursuant to s. 229.57 as performance grade category "F," failing to make adequate progress, and that has had two school years in a 4-year period of such low performance, and the student's attendance occurred during a school year in which such designation was in effect; or the parent or guardian of a student who has been in attendance elsewhere in the public school system or who is entering kindergarten or first grade has been notified that the student has been assigned to such school for the next school year;

(b)  The parent or guardian has obtained acceptance for admission of the student to a private school eligible for the program pursuant to subsection (4), and has notified the Department of Education and the school district of the request for an opportunity scholarship no later than July 1 of the first year in which the student intends to use the scholarship.

The provisions of this section shall not apply to a student who is enrolled in a school operating for the purpose of providing educational services to youth in Department of Juvenile Justice commitment programs. For purposes of continuity of educational choice, the opportunity scholarship shall remain in force until the student returns to a public school or, if the student chooses to attend a private school the highest grade of which is grade 8, until the student matriculates to high school and the public high school to which the student is assigned is an accredited school with a performance grade category designation of "C" or better. However, at any time upon reasonable notice to the Department of Education and the school district, the student's parent or guardian may remove the student from the private school and place the student in a public school, as provided in subparagraph (3)(a)2.

(3)  SCHOOL DISTRICT OBLIGATIONS.--

(a)  A school district shall, for each student enrolled in or assigned to a school that has been designated as performance grade category "F" for 2 school years in a 4-year period:

1.  Timely notify the parent or guardian of the student as soon as such designation is made of all options available pursuant to this section; and

2.  Offer that student's parent or guardian an opportunity to enroll the student in the public school within the district that has been designated by the state pursuant to s. 229.57 as a school performing higher than that in which the student is currently enrolled or to which the student has been assigned, but not less than performance grade category "C." For purposes of identifying higher performing public schools eligible for parental choice for the 1999-2000 school year, school performance grade category designations for the 1998-1999 school year shall be the equivalent of the corresponding performance level I-V specified in state board rule at the time this act becomes a law. Levels I through V shall correspond to school performance grade categories "F" through "A," respectively. The parent or guardian is not required to accept this offer in lieu of requesting a state opportunity scholarship to a private school. The opportunity to continue attending the higher performing public school shall remain in force until the student graduates from high school.

(b)  The parent or guardian of a student enrolled in or assigned to a school that has been designated performance grade category "F" for 2 school years in a 4-year period may choose as an alternative to enroll the student in and transport the student to a higher-performing public school that has available space in an adjacent school district, and that school district shall accept the student and report the student for purposes of the district's funding pursuant to the Florida Education Finance Program.

(c)  For students in the district who are participating in the state Opportunity Scholarship Program, the district shall provide locations and times to take all statewide assessments required pursuant to s. 229.57.

(d)  Students with disabilities who are eligible to receive services from the school district under federal or state law, and who participate in this program, remain eligible to receive services from the school district as provided by federal or state law.

(e)  If for any reason a qualified private school is not available for the student or if the parent or guardian chooses to request that the student be enrolled in the higher performing public school, rather than choosing to request the state opportunity scholarship, transportation costs to the higher performing public school shall be the responsibility of the school district. The district may utilize state categorical transportation funds or state-appropriated public school choice incentive funds for this purpose.

(4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to participate in the opportunity scholarship program, a private school must be a Florida private school, may be sectarian or nonsectarian, and must:

(a)  Demonstrate fiscal soundness by being in operation for one school year or provide the Department of Education with a statement by a certified public accountant confirming that the private school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming year serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. In lieu of such a statement, a surety bond or letter of credit for the amount equal to the opportunity scholarship funds for any quarter may be filed with the department.

(b)  Except for the first year of implementation, notify the Department of Education and the school district in whose service area the school is located of its intent to participate in the program under this section by May 1 of the school year preceding the school year in which it intends to participate. The notice shall specify the grade levels and services that the private school has available for the opportunity scholarship program.

(c)  Comply with the antidiscrimination provisions of 42 U.S.C. s. 2000d.

(d)  Meet state and local health and safety laws and codes.

(e)  Accept scholarship students on an entirely random and religious-neutral basis without regard to the student's past academic history; however, the private school may give preference in accepting applications to siblings of students who have already been accepted on a random and religious-neutral basis.

(f)  Be subject to the instruction, curriculum, and attendance criteria adopted by an appropriate nonpublic school accrediting body and be academically accountable to the parent or guardian for meeting the educational needs of the student. The private school must furnish a school profile which includes student performance.

(g)  Employ or contract with teachers who hold a baccalaureate or higher degree, or have at least 3 years of teaching experience in public or private schools, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught.

(h)  Comply with all state statutes relating to private schools.

(i)  Accept as full tuition and fees the amount provided by the state for each student.

(j)  Agree not to compel any student attending the private school on an opportunity scholarship to profess a specific ideological belief, to pray, or to worship.

(k)  Adhere to the tenets of its published disciplinary procedures prior to the expulsion of any opportunity scholarship student.

(5)  OBLIGATION OF PROGRAM PARTICIPATION.--

(a)  Any student participating in the opportunity scholarship program must remain in attendance throughout the school year, unless excused by the school for illness or other good cause, and must comply fully with the school's code of conduct.

(b)  The parent or guardian of each student participating in the opportunity scholarship program must comply fully with the private school's parental involvement requirements, unless excused by the school for illness or other good cause.

(c)  The parent or guardian shall ensure that the student participating in the opportunity scholarship program takes all statewide assessments required pursuant to s. 229.57.

(d)  A participant who fails to comply with this subsection shall forfeit the opportunity scholarship.

(6)  OPPORTUNITY SCHOLARSHIP FUNDING AND PAYMENT.--

(a)1.  The maximum opportunity scholarship granted for an eligible student shall be a calculated amount equivalent to the base student allocation multiplied by the appropriate cost factor for the educational program that would have been provided for the student in the district school to which he or she was assigned, multiplied by the district cost differential. In addition, the calculated amount shall include the per-student share of instructional materials funding, technology funding, and other categorical funds as provided for this purpose in the General Appropriations Act. The amount of the opportunity scholarship shall be the calculated amount or the amount of the private school's tuition and fees, whichever is less. Fees eligible shall include textbook fees, lab fees, and other fees related to instruction, including transportation. The district shall report all students who are attending a private school under this program. The students attending private schools on opportunity scholarships shall be reported separately from those students reported for purposes of the Florida Education Finance Program. The public or private school that provides services to students with disabilities shall receive the weighted funding for such services at the appropriate funding level consistent with the provisions of s. 236.025.

2.  For purposes of calculating the opportunity scholarship, a student will be eligible for the amount of the appropriate basic cost factor if:

a.  The student currently participates in a Group I program funded at the basic cost factor and is not subsequently identified as having a disability; or

b.  The student currently participates in a Group II program and the parent has chosen a private school that does not provide the additional services funded by the Group II program.

3.  Following annual notification on July 1 of the number of participants, the Department of Education shall transfer from each school district's appropriated funds the calculated amount from the Florida Education Finance Program and authorized categorical accounts to a separate account for the Opportunity Scholarship Program for quarterly disbursement to the parents or guardians of participating students.

(b)  Upon proper documentation reviewed and approved by the Department of Education, the Comptroller shall make opportunity scholarship payments in four equal amounts no later than September 1, November 1, February 1, and April 1 of each academic year in which the opportunity scholarship is in force. The initial payment shall be made after Department of Education verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the private school. Payment must be by individual warrant made payable to the student's parent or guardian and mailed by the Department of Education to the private school of the parent's or guardian's choice, and the parent or guardian shall restrictively endorse the warrant to the private school.

(7)  LIABILITY.--No liability shall arise on the part of the state based on any grant or use of an opportunity scholarship.

(8)  RULES.--The State Board of Education may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section. Rules shall include penalties for noncompliance with subsections (3) and (5). However, the inclusion of eligible private schools within options available to Florida public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of private schools beyond those reasonably necessary to enforce requirements expressly set forth in this section.

History.--s. 2, ch. 99-398.

229.05371  The John M. McKay Scholarships for Students with Disabilities Program.--There is established a program that is separate and distinct from the Opportunity Scholarship Program and is named the John M. McKay Scholarships for Students with Disabilities Program, pursuant to this section.

(1)  THE JOHN M. MCKAY SCHOLARSHIPS FOR STUDENTS WITH DISABILITIES PROGRAM.--The John M. McKay Scholarships for Students with Disabilities Program is established to provide the option to attend a public school other than the one to which assigned, or to provide a scholarship to a private school of choice, for students with disabilities for whom an individual education plan has been written in accordance with rules of the Commissioner of Education or the State Board of Education. Students with disabilities include K-12 students who are mentally handicapped, speech and language impaired, deaf or hard of hearing, visually impaired, dual sensory impaired, physically impaired, emotionally handicapped, specific learning disabled, hospitalized or homebound, or autistic.

(2)  SCHOLARSHIP ELIGIBILITY.--The parent of a public school student with a disability who is dissatisfied with the student's progress may request and receive from the state a John M. McKay Scholarship for the child to enroll in and attend a private school in accordance with this section if:

(a)  By assigned school attendance area or by special assignment, the student has spent the prior school year in attendance at a Florida public school. Prior school year in attendance means that the student was enrolled and reported by a school district for funding during the preceding October and February Florida Education Finance Program surveys in kindergarten through grade 12; and

(b)  The parent has obtained acceptance for admission of the student to a private school that is eligible for the program under subsection (4) and has notified, in writing, the school district of the request for a scholarship at least 60 days prior to the date of the first scholarship payment.

This section does not apply to a student who is enrolled in a school operating for the purpose of providing educational services to youth in Department of Juvenile Justice commitment programs. For purposes of continuity of educational choice, the scholarship shall remain in force until the student returns to a public school or graduates from high school. However, at any time, the student's parent may remove the student from the private school and place the student in another private school that is eligible for the program under subsection (4) or in a public school as provided in subsection (3).

(3)  SCHOOL DISTRICT AND DEPARTMENT OF EDUCATION OBLIGATIONS.--

(a)  A school district shall timely notify the parent of the student of all options available pursuant to this section and offer that student's parent an opportunity to enroll the student in another public school within the district. The parent is not required to accept this offer in lieu of requesting a John M. McKay Scholarship to a private school. However, if the parent chooses the public school option, the student may continue attending a public school chosen by the parent until the student graduates from high school. If the parent chooses a public school consistent with the school board's choice plan under s. 228.057, the school district will provide transportation to the public school selected by the parent. The parent is responsible to provide transportation to a public school chosen that is not consistent with the school board's choice plan under s. 228.057.

(b)  For a student with disabilities who does not have a matrix of services under s. 236.025, the school district must complete a matrix that assigns the student to one of the levels of service as they existed prior to the 2000-2001 school year. The school district must complete the matrix of services for any student who is participating in the John M. McKay Scholarships for Students with Disabilities Program and must notify the Department of Education of the student's matrix level within 30 days after receiving notification by the student's parent of intent to participate in the scholarship program. The Department of Education shall notify the private school of the amount of the scholarship within 10 days after receiving the school district's notification of the student's matrix level.

(c)  If the parent chooses the private school option and the student is accepted by the private school pending the availability of a space for the student, the parent of the student must notify the school district 60 days prior to the first scholarship payment and before entering the private school in order to be eligible for the scholarship when a space becomes available for the student in the private school.

(d)  The parent of a student may choose, as an alternative, to enroll the student in and transport the student to a public school in an adjacent school district which has available space and has a program with the services agreed to in the student's individual education plan already in place, and that school district shall accept the student and report the student for purposes of the district's funding pursuant to the Florida Education Finance Program.

(e)  For a student in the district who participates in the John M. McKay Scholarships for Students with Disabilities Program whose parent requests that the student take the statewide assessments under s. 229.57, the district shall provide locations and times to take all statewide assessments.

(f)  A school district must notify the Department of Education within 10 days after it receives notification of a parent's intent to apply for a scholarship for a student with a disability.

(4)  PRIVATE SCHOOL ELIGIBILITY.--To be eligible to participate in the John M. McKay Scholarships for Students with Disabilities Program, a private school must be a Florida private school, may be sectarian or nonsectarian, and must:

(a)  Demonstrate fiscal soundness by being in operation for 1 school year or provide the Department of Education with a statement by a certified public accountant confirming that the private school desiring to participate is insured and the owner or owners have sufficient capital or credit to operate the school for the upcoming year serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. In lieu of such a statement, a surety bond or letter of credit for the amount equal to the scholarship funds for any quarter may be filed with the department.

(b)  Notify the Department of Education of its intent to participate in the program under this section by May 1 of the school year preceding the school year in which it intends to participate. The notice must specify the grade levels and services that the private school has available for students with disabilities who are participating in the scholarship program.

(c)  Comply with the antidiscrimination provisions of 42 U.S.C. s. 2000d.

(d)  Meet state and local health and safety laws and codes.

(e)  Be academically accountable to the parent for meeting the educational needs of the student.

(f)  Employ or contract with teachers who hold baccalaureate or higher degrees, or have at least 3 years of teaching experience in public or private schools, or have special skills, knowledge, or expertise that qualifies them to provide instruction in subjects taught.

(g)  Comply with all state laws relating to general regulation of private schools.

(h)  Adhere to the tenets of its published disciplinary procedures prior to the expulsion of a scholarship student.

(5)  OBLIGATION OF PROGRAM PARTICIPANTS.--

(a)  A parent who applies for a John M. McKay Scholarship is exercising his or her parental option to place his or her child in a private school. The parent must select the private school and apply for the admission of his or her child.

(b)  The parent must have requested the scholarship at least 60 days prior to the date of the first scholarship payment.

(c)  Any student participating in the scholarship program must remain in attendance throughout the school year, unless excused by the school for illness or other good cause, and must comply fully with the school's code of conduct.

(d)  The parent of each student participating in the scholarship program must comply fully with the private school's parental involvement requirements, unless excused by the school for illness or other good cause.

(e)  If the parent requests that the student participating in the scholarship program take all statewide assessments required pursuant to s. 229.57, the parent is responsible for transporting the student to the assessment site designated by the school district.

(f)  Upon receipt of a scholarship warrant, the parent to whom the warrant is made must restrictively endorse the warrant to the private school for deposit into the account of the private school.

(g)  A participant who fails to comply with this subsection forfeits the scholarship.

(6)  SCHOLARSHIP FUNDING AND PAYMENT.--

(a)1.  The maximum scholarship granted for an eligible student with disabilities shall be a calculated amount equivalent to the base student allocation in the Florida Education Finance Program multiplied by the appropriate cost factor for the educational program that would have been provided for the student in the district school to which he or she was assigned, multiplied by the district cost differential.

2.  In addition, a share of the guaranteed allocation for exceptional students shall be determined and added to the calculated amount. The calculation shall be based on the methodology and the data used to calculate the guaranteed allocation for exceptional students for each district in chapter 2000-166, Laws of Florida. The calculation shall be based on the student's grade, matrix level of services, and the difference between the 2000-2001 basic program and the appropriate level of services cost factor, multiplied by the 2000-2001 base student allocation and the 2000-2001 district cost differential for the sending district. Also, the calculated amount shall include the per-student share of supplemental academic instruction funds, instructional materials funds, technology funds, and other categorical funds as provided for such purposes in the General Appropriations Act.

(b)  The amount of the John M. McKay Scholarship shall be the calculated amount or the amount of the private school's tuition and fees, whichever is less. The amount of any assessment fee required by the participating private school may be paid from the total amount of the scholarship.

(c)  If the participating private school requires partial payment of tuition prior to the start of the academic year to reserve space for students admitted to the school, that partial payment may be paid by the Department of Education prior to the first quarterly payment of the year in which the John M. McKay Scholarship is awarded, up to a maximum of $1,000, and deducted from subsequent scholarship payments. If a student decides not to attend the participating private school, the partial reservation payment must be returned to the Department of Education by the participating private school. There is a limit of one reservation payment per student per year.

(d)  The school district shall report all students who are attending a private school under this program. The students with disabilities attending private schools on John M. McKay Scholarships shall be reported separately from other students reported for purposes of the Florida Education Finance Program.

(e)  Following notification on July 1, September 1, December 1, or February 1 of the number of program participants, the Department of Education shall transfer, from General Revenue funds only, the amount calculated under paragraph (b) from the school district's total funding entitlement under the Florida Education Finance Program and from authorized categorical accounts to a separate account for the scholarship program for quarterly disbursement to the parents of participating students. When a student enters the scholarship program, the Department of Education must receive all documentation required for the student's participation, including the private school's and student's fee schedules, at least 30 days before the first quarterly scholarship payment is made for the student. The Department of Education may not make any retroactive payments.

(f)  Upon proper documentation reviewed and approved by the Department of Education, the Comptroller shall make scholarship payments in four equal amounts no later than September 1, November 1, February 1, and April 15 of each academic year in which the scholarship is in force. The initial payment shall be made after Department of Education verification of admission acceptance, and subsequent payments shall be made upon verification of continued enrollment and attendance at the private school. Payment must be by individual warrant made payable to the student's parent and mailed by the Department of Education to the private school of the parent's choice, and the parent shall restrictively endorse the warrant to the private school for deposit into the account of the private school.

(7)  LIABILITY.--No liability shall arise on the part of the state based on the award or use of a John M. McKay Scholarship.

(8)  RULES.--The State Board of Education may adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this section. However, the inclusion of eligible private schools within options available to Florida public school students does not expand the regulatory authority of the state, its officers, or any school district to impose any additional regulation of private schools beyond those reasonably necessary to enforce requirements expressly set forth in this section.

History.--s. 3, ch. 99-398; s. 6, ch. 2000-181; s. 1, ch. 2001-82.

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

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

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

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

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

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

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

229.085  Custody of educational funds.--

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

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

History.--s. 9, ch. 72-333; s. 8, ch. 75-302; s. 1, ch. 79-112; s. 85, ch. 97-190; s. 12, ch. 2001-61; s. 31, ch. 2001-170.

¹Note.--Section 31, ch. 2001-170, amended subsection (2), effective July 1, 2002, to read:

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

229.111  Gifts to state public education system or school fund.--

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

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

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

Note.--Former s. 229.24.

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

History.--ss. 1-5, ch. 25186, 1949; s. 13, ch. 65-239; s. 55, ch. 71-355; s. 6, ch. 72-221; s. 1, ch. 2000-339.

Note.--Former s. 229.241.

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

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

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

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

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

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

229.512  Commissioner of Education; general powers and duties.

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

229.515  Rulemaking by commissioner.

229.551  Educational management.

229.555  Educational planning and information systems.

229.559  Social security numbers used as student identification numbers.

229.565  Educational evaluation procedures.

229.567  School readiness uniform screening.

229.57  Student assessment program.

229.5701  Monitoring and reporting of implementation of methodology for identifying learning gains.

229.58  District and school advisory councils.

229.59  Educational improvement projects.

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

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

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

229.601  Career education program.

229.602  Florida private sector and education partnerships.

229.604  Transition to Teaching Program; legislative intent.

229.6041  Grants; eligible applicants.

229.6042  Program implementation; authorized expenditures.

229.6043  Eligible participants; requirements for grant repayment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(14)  To implement a program of school improvement and education accountability designed to provide all students the opportunity to make adequate learning gains in each year of school as provided by statute and State Board of Education rule based upon the achievement of the state education goals, recognizing the State Board of Education as the body corporate responsible for the supervision of the system of public education, the school board as responsible for school and student performance, and the individual school as the unit for education accountability.

(15)  To arrange for the preparation, publication, and distribution of materials relating to the state system of public education which supply information concerning needs, problems, plans, and possibilities.

(16)(a)  To prepare and publish annually reports giving statistics and other useful information pertaining to the state system of public education; and

(b)  To prepare and publish annually reports giving statistics and other useful information pertaining to the Opportunity Scholarship Program.

(17)  To have printed copies of school laws, forms, instruments, instructions, and regulations of the State Board of Education and provide for their distribution.

(18)  To develop criteria for use by state instructional materials committees in evaluating materials submitted for adoption consideration. The criteria shall, as appropriate, be based on instructional expectations reflected in curriculum frameworks and student performance standards. The criteria for each subject or course shall be made available to publishers of instructional materials at least 24 months prior to the date on which bids are due as provided by s. 233.14, except as otherwise permitted under s. 233.17(2). It is the intent of the Legislature that publishers have ample time to develop instructional materials designed to meet requirements in this state.

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

History.--s. 15, ch. 69-106; ss. 7, 8, ch. 72-221; s. 2, ch. 75-302; s. 109, ch. 79-222; s. 129, ch. 81-259; s. 11, ch. 83-326; s. 14, ch. 91-182; s. 9, ch. 91-283; s. 1215, ch. 95-147; s. 45, ch. 95-280; s. 87, ch. 97-190; s. 1, ch. 97-285; s. 4, ch. 99-398; s. 19, ch. 2000-291; 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.

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

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

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

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

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

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

¹229.551  Educational management.--

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

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

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

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

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

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

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

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

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

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

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

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

6.  Appoint faculty committees representing public school, community college, and university faculties to identify postsecondary courses that meet the high school graduation requirements of s. 232.246, and to establish the number of postsecondary semester credit hours of instruction and equivalent high school credits earned through dual enrollment pursuant to s. 240.116 that are necessary to meet high school graduation requirements. Such equivalencies shall be determined solely on comparable course content and not on seat time traditionally allocated to such courses in high school. The Articulation Coordinating Committee shall recommend to the State Board of Education those courses identified to meet high school graduation requirements, based on mastery of course outcomes, by their common course code number, and all high schools shall accept these postsecondary education courses toward meeting the requirements of s. 232.246.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History.--s. 8, ch. 68-13; s. 1, ch. 69-300; s. 13, ch. 72-221; s. 3, ch. 75-302; s. 2, ch. 76-223; s. 108, ch. 79-222; s. 2, ch. 81-193; s. 2, ch. 82-180; s. 3, ch. 83-325; s. 50, ch. 84-336; s. 40, ch. 85-80; s. 10, ch. 85-109; s. 1, ch. 86-225; s. 47, ch. 87-329; s. 1, ch. 88-18; s. 20, ch. 89-189; s. 57, ch. 89-381; s. 56, ch. 90-360; s. 10, ch. 91-283; s. 68, ch. 92-136; s. 1, ch. 95-243; s. 75, ch. 96-406; s. 3, ch. 97-246; s. 6, ch. 97-307; s. 4, ch. 98-58; s. 30, ch. 99-398; s. 2, ch. 2000-225; s. 3(7), ch. 2000-321; s. 10, ch. 2000-331.

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

229.555  Educational planning and information systems.--

(1)  EDUCATIONAL PLANNING.--

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

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

(2)  COMPREHENSIVE MANAGEMENT INFORMATION SYSTEMS.--The commissioner shall develop and implement an integrated information system for educational management. The system must be designed to collect, via electronic transfer, all student and school performance data required to ascertain the degree to which schools and school districts are meeting state performance standards, and must be capable of producing data for a comprehensive annual report on school and district performance. In addition, the system shall support, as feasible, the management decisions to be made in each division of the department and at the individual school and district levels. Similar data elements among divisions and levels shall be compatible. The system shall be based on an overall conceptual design; the information needed for such decisions, including fiscal, student, program, personnel, facility, community, evaluation, and other relevant data; and the relationship between cost and effectiveness. The system shall be managed and administered by the commissioner and shall include a district subsystem component to be administered at the district level, with input from the reports-and-forms control management committees. Each district school system with a unique management information system shall assure that compatibility exists between its unique system and the district component of the state system so that all data required as input to the state system is made available via electronic transfer and in the appropriate input format.

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

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

2.  Providing operational definitions for the proposed system;

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

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

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

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

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

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

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

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

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

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

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

a.  The purpose of the reporting requirement;

b.  The origination of the reporting requirement;

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

d.  The date of repeal of the reporting requirement.

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

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

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

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

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

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

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

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

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

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

(3)  RULES.--The State Board of Education shall adopt rules to administer this section.

History.--s. 3, ch. 76-223; s. 130, ch. 81-259; s. 21, ch. 83-324; s. 3, ch. 85-191; s. 2, ch. 90-99; s. 69, ch. 91-105; s. 5, ch. 99-398; s. 1, ch. 2000-294.

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

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

229.565  Educational evaluation procedures.--

(1)  STUDENT PERFORMANCE STANDARDS.--

(a)  The State Board of Education shall approve student performance standards in key academic subject areas and grade levels. The standards must apply, without limitation, to language arts, mathematics, science, social studies, the arts, health and physical education, foreign language, reading, writing, history, government, geography, economics, and computer literacy. The commissioner shall obtain opinions and advice from citizens, educators, and members of the business community in developing the standards. For purposes of this section, the term "student performance standard" means a statement describing a skill or competency students are expected to learn.

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

(c)  The State Board of Education may adopt rules establishing course requirements for basic education programs for grades 6 through 12 and adult secondary education programs.

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

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

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

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

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

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

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

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

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

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

History.--s. 5, ch. 76-223; s. 4, ch. 78-405; s. 3, ch. 79-288; s. 22, ch. 83-324; ss. 3, 23, ch. 83-327; s. 6, ch. 83-348; s. 102, ch. 84-336; s. 14, ch. 86-183; s. 1, ch. 87-113; s. 63, ch. 87-224; s. 4, ch. 88-161; s. 3, ch. 89-101; s. 3, ch. 90-99; s. 33, ch. 92-136; s. 10, ch. 95-325; s. 1, ch. 95-395; s. 2, ch. 97-2; ss. 48, 90, ch. 97-190; s. 1, ch. 97-266; s. 6, ch. 99-398; s. 2, ch. 2000-294.

229.567  School readiness uniform screening.--The Department of Education shall adopt the school readiness uniform screening developed by the Florida Partnership for School Readiness, and shall require that all school districts administer the kindergarten uniform screening to each kindergarten student in the district school system upon the student's entry into kindergarten. Children who enter public school for the first time in first grade must undergo a uniform screening approved by the partnership for use in first grade.

History.--s. 2, ch. 99-357.

229.57  Student assessment program.--

(1)  PURPOSE.--The primary purposes of the statewide assessment program are to provide information needed to improve the public schools by maximizing the learning gains of all students and to inform parents of the educational progress of their public school children. The program must be designed to:

(a)  Assess the annual learning gains of each student toward achieving the Sunshine State Standards appropriate for the student's grade level.

(b)  Provide data for making decisions regarding school accountability and recognition.

(c)  Identify the educational strengths and needs of students and the readiness of students to be promoted to the next grade level or to graduate from high school with a standard high school diploma.

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

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

(f)  Provide information on the performance of Florida students compared with others across the United States.

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

(3)  STATEWIDE ASSESSMENT PROGRAM.--The commissioner shall design and implement a statewide program of educational assessment that provides information for the improvement of the operation and management of the public schools, including schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs. Pursuant to the statewide assessment program, the commissioner shall:

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

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

(c)  Develop and implement a student achievement testing program as part of the statewide assessment program, to be administered annually in grades 3 through 10 to measure reading, writing, science, and mathematics. The testing program must be designed so that:

1.  The tests measure student skills and competencies adopted by the state board as specified in paragraph (a). The tests must measure and report student proficiency levels in reading, writing, and mathematics. Science proficiency must be measured statewide beginning in 2003. Other content areas may be included as directed by the commissioner. The commissioner shall provide for the tests to be developed or obtained, as appropriate, through contracts and project agreements with private vendors, public vendors, public agencies, postsecondary institutions, or school districts. The commissioner shall obtain input with respect to the design and implementation of the testing program from state educators and the public.

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

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

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

5.  Except as provided in subparagraph 6., all 11th grade students take a high school competency test developed by the state board to test minimum student performance skills and competencies in reading, writing, and mathematics. The test must be based on the skills and competencies adopted by the state board pursuant to paragraph (a). Upon recommendation of the commissioner, the state board shall designate a passing score for each part of the high school competency test. In establishing passing scores, the state board shall consider any possible negative impact of the test on minority students. The commissioner may establish criteria whereby a student who successfully demonstrates proficiency in either reading or mathematics or both may be exempted from taking the corresponding section of the high school competency test or the college placement test. A student must earn a passing score or have been exempted from each part of the high school competency test in order to qualify for a regular high school diploma. The school districts shall provide appropriate remedial instruction to students who do not pass part of the competency test.

6.  Students who enroll in grade 9 in the fall of 1999 and thereafter must earn a passing score on the grade 10 assessment test described in this paragraph instead of the high school competency test described in subparagraph 5. Such students must earn a passing score in reading, writing, and mathematics to qualify for a regular high school diploma. Upon recommendation of the commissioner, the state board shall designate a passing score for each part of the grade 10 assessment test. In establishing passing scores, the state board shall consider any possible negative impact of the test on minority students.

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

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

9.  School districts must provide instruction to prepare students to demonstrate proficiency in the skills and competencies necessary for successful grade-to-grade progression and high school graduation. The commissioner shall conduct studies as necessary to verify that the required skills and competencies are part of the district instructional programs.

10.  By January 1, 2000, the Department of Education must develop, or select, and implement a common battery of assessment tools which will be used in all juvenile justice programs in the state. These tools must accurately reflect criteria established in the Florida Sunshine State Standards.

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

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

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

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

(4)  DISTRICT TESTING PROGRAMS.--Each district shall periodically assess student performance and achievement within each school of the district. The assessment programs must be based upon local goals and objectives that are compatible with the state plan for education and that supplement the skills and competencies adopted by the State Board of Education. All school districts must participate in the state assessment program designed to measure annual student learning and school performance. All school districts shall report assessment results as required by the management information system.

(5)  SCHOOL TESTING PROGRAMS.--Each public school, unless specifically exempted by state board rule based on serving a specialized population for which standardized testing is not appropriate, shall participate in the state assessment program. Student performance data shall be analyzed and reported to parents, the community, and the state. Student performance data shall be used in developing objectives of the school improvement plan, evaluation of instructional personnel, evaluation of administrative personnel, assignment of staff, allocation of resources, acquisition of instructional materials and technology, performance-based budgeting, and promotion and assignment of students into educational programs. The analysis of student performance data also must identify strengths and needs in the educational program and trends over time. The analysis must be used in conjunction with the budgetary planning processes developed pursuant to s. 229.555 and the development of the programs of remediation described in s. 233.051.

(6)  ANNUAL REPORTS.--The commissioner shall prepare annual reports of the results of the statewide assessment program which describe student achievement in the state, each district, and each school. The commissioner shall prescribe the design and content of these reports, which must include, without limitation, descriptions of the performance of all schools participating in the assessment program and all of their major student populations as determined by the Commissioner of Education, and must also include the median scores of all eligible students who scored at or in the lowest 25th percentile of the state in the previous school year; provided, however, that the provisions of s. 228.093 pertaining to student records apply to this section. Until such time as annual assessments prescribed in this section are fully implemented, annual reports shall include student performance data based on existing assessments.

(7)  SCHOOL PERFORMANCE GRADE CATEGORIES.--Beginning with the 1998-1999 school year's student and school performance data, the annual report shall identify schools as being in one of the following grade categories defined according to rules of the state board:

(a)  "A," schools making excellent progress.

(b)  "B," schools making above average progress.

(c)  "C," schools making satisfactory progress.

(d)  "D," schools making less than satisfactory progress.

(e)  "F," schools failing to make adequate progress.

Beginning in the 1999-2000 school year, each school designated in performance grade category "A," making excellent progress, or as having improved at least two performance grade categories, shall have greater authority over the allocation of the school's total budget generated from the FEFP, state categoricals, lottery funds, grants, and local funds, as specified in state board rule. The rule must provide that the increased budget authority shall remain in effect until the school's performance grade declines.

(8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE CATEGORIES.--School performance grade category designations itemized in subsection (7) shall be based on the following:

(a)  Timeframes.--

1.  School performance grade category designations shall be based on the school's current year performance and the school's annual learning gains.

2.  In the 2000-2001 school year, a school's performance grade category designation shall be based on a combination of student achievement scores as measured by the FCAT, on the degree of measured learning gains of the students, and on other appropriate performance data, including, but not limited to, dropout rate and student readiness for college.

3.  Beginning with the 2001-2002 school year and thereafter, a school's performance grade category designation shall be based on a combination of student achievement scores, student learning gains as measured by annual FCAT assessments in grades 3 through 10, and improvement of the lowest 25th percentile of students in the school in reading, math, or writing on the FCAT, including Florida Writes, unless these students are performing above satisfactory performance.

(b)  Student assessment data.--Student assessment data used in determining school performance grade categories shall include:

1.  The aggregate scores of all eligible students enrolled in the school who have been assessed on the FCAT.

2.  The aggregate scores of all eligible students enrolled in the school who have been assessed on the FCAT, including Florida Writes, and who have scored at or in the lowest 25th percentile of students in the school in reading, math, or writing, unless these students are performing above satisfactory performance.

The Department of Education shall study the effects of mobility on the performance of highly mobile students and recommend programs to improve the performance of such students. The state board shall adopt appropriate criteria for each school performance grade category. The criteria must also give added weight to student achievement in reading. Schools designated as performance grade category "C," making satisfactory progress, shall be required to demonstrate that adequate progress has been made by students in the school who are in the lowest 25th percentile in reading, math, or writing on the FCAT, including Florida Writes, unless these students are performing above satisfactory performance.

(9)  SCHOOL IMPROVEMENT RATINGS.--Beginning with the 1999-2000 school year's student and school performance data, the annual report shall identify each school's performance as having improved, remained the same, or declined. This school improvement rating shall be based on a comparison of the current year's and previous year's student and school performance data. Schools that improve at least one performance grade category are eligible for school recognition awards pursuant to s. 231.2905.

(10)  SCHOOL PERFORMANCE GRADE CATEGORY AND IMPROVEMENT RATING REPORTS.--School performance grade category designations and improvement ratings shall apply to each school's performance for the year in which performance is measured. Each school's designation and rating shall be published annually by the Department of Education and the school district. Parents and guardians shall be entitled to an easy-to-read report card about the designation and rating of the school in which their child is enrolled.

(11)  STATEWIDE ASSESSMENTS.--The Department of Education is authorized to implement annual assessments of students in grades 3 through 10.

(a)  The statistical system for the annual assessments shall use measures of student learning, such as the FCAT, to determine teacher, school, and school district statistical distributions, which shall be determined using available data from the FCAT, and other data collection as deemed appropriate by the Department of Education, to measure the differences in student prior year achievement against the current year achievement.

(b)  The statistical system shall provide for an approach which provides for the best estimates of teacher, school, and school district effects on pupil progress. The approach used by the department shall be approved by the commissioner before implementation for pupil progression assessment.

(c)  The annual testing program shall be administered to provide for valid statewide comparisons of learning gains to be made for purposes of accountability and recognition. The commissioner shall establish a schedule for the administration of the statewide assessments. In establishing such schedule, the commissioner is charged with the duty to accomplish the latest possible administration of the statewide assessments and the earliest possible provision of the results to the school districts feasible within available technology and specific appropriation. District school boards shall not establish school calendars that jeopardize or limit the valid testing and comparison of student learning gains.

(12)  LOCAL ASSESSMENTS.--Measurement of the learning gains of students in all subjects and grade levels other than subjects and grade levels required for the state assessment program is the responsibility of the school districts.

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

(14)  RULES.--The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section.

(15)  PERFORMANCE-BASED FUNDING.--The Legislature may factor in the performance of schools in calculating any performance-based funding policy that is provided for annually in the General Appropriations Act.

(16)  DISTRICT PERFORMANCE GRADE.--Beginning with the 2000-2001 school year's student and school performance data, the annual report required by subsection (6) shall include district performance grades, which shall consist of weighted district average grades, by level, for all elementary schools, middle schools, and high schools in the district. A district's weighted average grade shall be calculated by weighting individual school grades determined pursuant to subsection (7) by school enrollment.

History.--ss. 1, 2, 3, 4, ch. 71-197; s. 1, ch. 74-205; s. 6, ch. 76-223; ss. 3, 4, ch. 80-392; s. 2, ch. 87-113; s. 4, ch. 90-99; s. 46, ch. 95-280; s. 3, ch. 97-2; s. 91, ch. 97-190; s. 19, ch. 98-281; s. 44, ch. 99-284; s. 7, ch. 99-398; s. 2, ch. 2000-235; s. 13, ch. 2001-61; s. 1, ch. 2001-90; s. 2, ch. 2001-157.

229.5701  Monitoring and reporting of implementation of methodology for identifying learning gains.--The Department of Education, in consultation with the Office of Program Policy Analysis and Government Accountability, and other sources as appropriate, shall participate in the monitoring and reporting of the implementation of the methodology that will be used to identify student learning gains.

History.--s. 3, ch. 2001-90.

229.58  District and school advisory councils.--

(1)  ESTABLISHMENT.--

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

1.  Teachers shall be elected by teachers.

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

3.  Students shall be elected by students.

4.  Parents shall be elected by parents.

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

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

(c)  For those schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, school boards may establish a district advisory council with appropriate representatives for the purpose of developing and monitoring a district school improvement plan which encompasses all such schools in the district, pursuant to s. 230.23(16)(a).

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

History.--s. 8, ch. 76-223; s. 1, ch. 78-416; ss. 11, 21, ch. 91-283; s. 5, ch. 91-429; s. 1, ch. 93-93; s. 49, ch. 97-190; s. 2, ch. 97-279; s. 2, ch. 98-271; s. 21, ch. 98-281; s. 45, ch. 99-284; s. 8, ch. 99-398.

229.59  Educational improvement projects.--

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

(a)  The improvement of school management;

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

(c)  School volunteers;

(d)  The professional development of teachers;

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

(f)  Global awareness.

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

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

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

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

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

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

(a)  Establish state and local educational goals.

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

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

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

(e)  Recognize successful schools.

(f)  Provide for schools designated as performance grade category "D" or "F" to receive assistance and intervention sufficient to attain adequate improvement and provide action that should occur when schools do not improve.

(g)  Provide that parents or guardians are not required to send their children to schools that have been designated in performance grade category "F," as defined in state board rule, for two school years in a 4-year period.

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

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

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

(c)  Student performance.--Students make annual learning gains sufficient to acquire the knowledge, skills, and competencies needed to master state standards; successfully compete at the highest levels nationally and internationally; and be prepared to make well-reasoned, thoughtful, and healthy lifelong decisions.

(d)  Learning environment.--School boards provide a learning environment conducive to teaching and learning, in which education programs are based on student performance data, and which strive to eliminate achievement gaps by improving the learning of all students.

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

(f)  Teachers and staff.--The schools, district, all postsecondary institutions, and state work collaboratively to provide professional teachers and staff who possess the competencies and demonstrate the performance needed to maximize learning among all students.

(g)  Adult literacy.--Adult Floridians are literate and have the knowledge and skills needed to compete in a global economy, prepare their children for success in school, and exercise the rights and responsibilities of citizenship.

(h)  Parental, family, and community involvement.--Communities, school boards, and schools provide opportunities for involving parents, families, guardians, and other community stakeholders as collaborative partners in achieving school improvement and education accountability.

History.--s. 64, ch. 90-288; s. 2, ch. 91-283; s. 1, ch. 93-198; s. 1, ch. 96-329; s. 93, ch. 97-190; s. 22, ch. 98-281; s. 9, ch. 99-398.

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

(1)  DEVELOPMENT.--It is the intent of the Legislature that every public school in the state, including schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, shall have a school improvement plan, as required by s. 230.23(16). Vocational standards considered pursuant to s. 239.229 shall be incorporated into the school improvement plan for each area technical center operated by a school board, and area technical centers shall prepare school report cards incorporating such standards, pursuant to s. 230.23(16). In order to accomplish this, the Commissioner of Education and the school districts and schools shall carry out the duties assigned to them by s. 230.23(16).

(2)  COMMISSIONER.--The commissioner shall be responsible for implementing and maintaining a system of intensive school improvement and stringent education accountability, which shall include policies and programs to implement the following:

(a)  A system of data collection and analysis that will improve information about the educational success of individual students and schools, including schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs. The information and analyses must be capable of identifying educational programs or activities in need of improvement, and reports prepared pursuant to this paragraph shall be distributed to the appropriate school boards prior to distribution to the general public. This provision shall not preclude access to public records as provided in chapter 119.

(b)  A program of school improvement that will analyze information to identify schools, including schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, educational programs, or educational activities in need of improvement.

(c)  A method of delivering services to assist school districts and schools to improve, including schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs.

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

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

(4)  The annual feedback report shall be developed by the Department of Education.

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

(6)  The commissioner shall report to the Legislature and recommend changes in state policy necessary to foster school improvement and education accountability. Included in the report shall be a list of the schools, including schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, for which school boards have developed assistance and intervention plans and an analysis of the various strategies used by the school boards. School reports shall be distributed pursuant to this subsection and s. 230.23(16)(e) according to guidelines adopted by the State Board of Education.

(7)  DEPARTMENT.--

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

(b)  Upon request, the department shall provide technical assistance and training to any school, including any school operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, school advisory council, district, or school board for conducting needs assessments, developing and implementing school improvement plans, developing and implementing assistance and intervention plans, or implementing other components of school improvement and accountability. Priority for these services shall be given to schools designated as performance grade category "D" or "F" and school districts in rural and sparsely populated areas of the state.

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

(d)  The department shall assign a community assessment team to each school district with a school designated as performance grade category "D" or "F" to review the school performance data and determine causes for the low performance. The team shall make recommendations to the school board, to the department, and to the State Board of Education for implementing an assistance and intervention plan that will address the causes of the school's low performance. The assessment team shall include, but not be limited to, a department representative, parents, business representatives, educators, and community activists, and shall represent the demographics of the community from which they are appointed.

(8)  STATE BOARD.--The State Board of Education shall adopt rules pursuant to ss. 120.536(1) and 120.54 to implement a state system of school improvement and education accountability and shall specify required annual reports by schools and school districts.

(9)  EXCEPTIONS TO LAW.--To facilitate innovative practices and to allow local selection of educational methods, the commissioner may waive, upon the request of a school board, requirements of chapters 230-239 of the Florida School Code that relate to instruction and school operations, except those pertaining to civil rights, and student health, safety, and welfare. The Commissioner of Education is not authorized to grant waivers for any provisions of law pertaining to the allocation and appropriation of state and local funds for public education; the election, compensation, and organization of school board members and superintendents; graduation and state accountability standards; financial reporting requirements; reporting of out-of-field teaching assignments under s. 231.095; public meetings; public records; or due process hearings governed by chapter 120. Prior to approval, the commissioner shall report pending waiver requests to the state board on a monthly basis, and shall, upon request of any state board member, bring a waiver request to the state board for consideration. If, within 2 weeks of receiving the report, no member requests that a waiver be considered by the state board, the commissioner may act on the original waiver request. No later than January 1 of each year, the commissioner shall report to the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives all approved waiver requests in the preceding year.

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

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

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

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

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

(c)  The written request for waiver of statute or rule must indicate at least how granting the waiver will assist schools in improving student outcomes related to the student performance standards adopted by the state board, and how student improvement will be evaluated and reported. The commissioner shall not grant any waiver that would impair the protection of the health, safety, welfare, or civil rights of the students or the protection of the public interest.

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

(e)1.  Schools designated in performance grade category "A," making excellent progress, shall, if requested by the school, be given deregulated status as specified in s. 228.0565(5), (7), (8), (9), and (10).

2.  Schools that have improved at least two performance grade categories and that meet the criteria of the Florida School Recognition Program pursuant to s. 231.2905 may be given deregulated status as specified in s. 228.0565(5), (7), (8), (9), and (10).

History.--s. 65, ch. 90-288; s. 3, ch. 91-283; s. 1, ch. 92-64; s. 34, ch. 92-136; s. 2, ch. 93-198; s. 129, ch. 94-209; s. 56, ch. 94-232; s. 1523, ch. 95-147; s. 2, ch. 96-369; ss. 50, 94, ch. 97-190; s. 3, ch. 98-271; s. 46, ch. 99-284; s. 10, ch. 99-398; 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.

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

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

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

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

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

(5)  Prior to each student's graduation from high school, the school shall assess the student's preparation to enter the workforce and provide the student and the student's parent or guardian with the results of such assessment. The Commissioner of Education shall identify the employability skills associated with successful entry into the workforce from which such items shall be derived.

History.--s. 5, ch. 94-319; s. 4, ch. 97-246; s. 13, ch. 99-398.

¹229.601  Career education program.--

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

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

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

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

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

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

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

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

229.602  Florida private sector and education partnerships.--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b)  Coordinating private sector and education partnership activities.

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

(d)  Providing assistance in applying partnership models.

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

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

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

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

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

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

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

1.  Dropout prevention and alcohol and substance abuse prevention.

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

3.  Teacher internships or sabbaticals in the private sector.

4.  Joint community/school long-range planning.

5.  Tutoring and mentoring of students.

¹6.  Career education.

7.  Student or teacher incentive and motivational programs.

8.  Community/school resource development.

9.  Physical plant and workplace enhancement.

10.  Community/school public relations and communication.

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

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

13.  Programs which bring business volunteers into the classroom.

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

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


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

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

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

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

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

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

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

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

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

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

(a)  Apprenticeship programs approved pursuant to chapter 446.

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

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

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

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

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

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

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

History.--s. 20, ch. 87-329; s. 38, ch. 89-278; s. 8, ch. 89-298; s. 4, ch. 89-302; s. 37, ch. 92-136; s. 17, ch. 93-260; s. 47, ch. 95-280; s. 97, ch. 97-190; s. 16, ch. 99-243; s. 11, ch. 2000-331.

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

229.604  Transition to Teaching Program; legislative intent.--The Transition to Teaching Program is created to encourage and assist midcareer professionals who want to become teachers.

History.--s. 1, ch. 2001-219.

229.6041  Grants; eligible applicants.--

(1)  The Commissioner of Education shall design the process for receiving and evaluating grant proposals in accordance with state and federal appropriations guidelines. Grants may be awarded only to the extent that funding is provided.

(2)  The Commissioner of Education shall request proposals from eligible applicants to participate in the program. Each application must:

(a)  Describe the target group of career-changing professionals upon which the applicant will focus in carrying out its program, including a description of the characteristics of the target group that shows how the knowledge and experience of its members are likely to improve their ability to become effective teachers.

(b)  Describe how the applicant will identify and recruit program participants.

(c)  Describe how the applicant will ensure that program participants are placed and teach in eligible school districts in this state.

(d)  Describe the teacher support services that program participants will receive throughout at least their first year of teaching.

(e)  Describe how the applicant will collaborate with other institutions, agencies, or organizations to recruit, train, place, and support program participants, including evidence of the commitment of those institutions, agencies, or organizations to the applicant's program.

(3)  The Commissioner of Education must require an evaluation process to measure the progress and effectiveness of the program. This evaluation must include:

(a)  The program's goals and objectives.

(b)  The performance indicators that the applicant will use to measure the program's progress.

(c)  The outcome measures that will be used to determine the program's effectiveness.

(d)  An assurance that the applicant will provide the commissioner with information the commissioner finds necessary to determine the overall effectiveness of the programs.

History.--s. 2, ch. 2001-219.

229.6042  Program implementation; authorized expenditures.--

(1)  An applicant shall estimate the funds required for the proposed program. All funds provided for a program must be used as authorized in federal guidelines.

(2)  Eligible applicants are encouraged to implement the program using the following components:

(a)  Recruiting program participants, including informing them of opportunities under the program and putting them in contact with other institutions, agencies, or organizations that will train, place, and support them in the teaching profession.

(b)  Assisting providers of teacher training to tailor their training to meet the particular needs of professionals who are changing their careers to teaching.

(c)  Placement activities, including identifying eligible local education agencies with a need for the skills and characteristics of the newly trained program participants and assisting those participants to obtain employment in those school districts.

(d)  Post-placement support activities for program participants.

History.--s. 3, ch. 2001-219.

229.6043  Eligible participants; requirements for grant repayment.--

(1)  Each participant who receives a grant from the program to pursue a teacher preparation program must agree to teach in an eligible school district in this state for at least 3 years after certification. To be eligible, a school district must meet the requirements established in regulations that implement the Omnibus Appropriations Bill of 2000.

(2)  The commissioner shall establish conditions under which a participant must repay all or a portion of the training stipend if the participant fails to complete his or her service obligation.

History.--s. 4, ch. 2001-219.

229.75  Department under direction of state board.

229.76  Functions of department.

229.771  Removal from office.

229.775  Computer database of certain persons whose employment was terminated.

229.781  Records; preservation; destruction.

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

229.80  Apportionment of state school funds.

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

229.8041  Educational computing.

229.805  Educational television.

229.8051  Public broadcasting program system.

229.8052  State satellite network.

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

229.807  Conferences of public school personnel.

229.8075  Florida Education and Training Placement Information Program.

229.808  Annual nonpublic school survey.

229.814  High school equivalency diploma program.

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

229.8331  Procurement of health services.

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

229.834  Services to other than public school students.

229.8341  Services for infants and preschool children.

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

229.8345  Habitual truants; identification.

229.8347  Partnership for School Safety and Security.

229.8348  Safety and Security Best Practices; review; self-assessment; recommendations; report.

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

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

Note.--Former s. 229.18.

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

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

Note.--Former s. 229.19.

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

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

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

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

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

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

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

229.781  Records; preservation; destruction.--

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

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

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

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

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

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

Note.--Former s. 229.23.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(4)  ANNUAL AUDIT.--The direct-support organization shall provide for an annual financial audit in accordance with s. 218.39. The identity of donors and all information identifying donors and prospective donors is confidential and exempt from the provisions of s. 119.07(1), and that anonymity shall be maintained in the auditor's report. All other records and information shall be considered public records for the purposes of chapter 119.

History.--s. 1, ch. 84-172; s. 41, ch. 85-80; s. 24, ch. 87-329; s. 1, ch. 88-154; s. 57, ch. 90-360; s. 76, ch. 96-406; s. 70, ch. 2001-266.

229.8041  Educational computing.--

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

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

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

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

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

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

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

229.805  Educational television.--

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

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

(3)  POWERS OF DEPARTMENT OF EDUCATION.--

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

1.  The extension of educational television network facilities;

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

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

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

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

(4)  PROHIBITED USE, PENALTY.--

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

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

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

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

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

229.8051  Public broadcasting program system.--

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

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

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

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

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

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

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

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

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

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

229.8052  State satellite network.--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

¹229.8065  Expenditures for Knott Data Center and Projects, Contracts, and Grants Programs; limitation on state appropriations.--

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

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

History.--s. 3, ch. 95-395; s. 30, ch. 2001-170.

¹Note.--Repealed June 30, 2002, by s. 30, ch. 2001-170.

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

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

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

229.8075  Florida Education and Training Placement Information Program.--

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

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

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

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

History.--s. 17, ch. 89-189; s. 54, ch. 89-381; s. 1, ch. 92-136; s. 25, ch. 94-218; s. 1526, ch. 95-147; s. 7, ch. 95-392; s. 1, ch. 96-314; s. 5, ch. 96-404; s. 39, ch. 97-307; s. 5, ch. 98-58; s. 28, ch. 99-8.

229.808  Annual nonpublic school survey.--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

229.814  High school equivalency diploma program.--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History.--s. 30, ch. 74-227; s. 1, ch. 75-69; s. 3, ch. 78-416; s. 1, ch. 87-339; s. 29, ch. 99-8.

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

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

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

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

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

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

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

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

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

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

¹229.8341  Services for infants and preschool children.--

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

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

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

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

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

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

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

229.8347  Partnership for School Safety and Security.--

(1)  CREATION AND DUTIES.--There is created a Partnership for School Safety and Security to perform the following responsibilities:

(a)  Evaluate school safety and security programs and strategies, based on controlled scientific research; recommend information to be included in the electronic clearinghouse of safety and security information; and make recommendations for inclusion in the clearinghouse of safety and security information and to the Legislature for funding school safety and security programs.

(b)  Create an electronic clearinghouse of safety and security information that includes best practices, model programs, and construction prototypes that are compatible with the requirements for frugal schools.

(c)  Assess the extent to which best practices for school safety and security are being followed, including, but not limited to, best practices for schools with student participation in planning and implementing violence prevention and other student efforts that contribute to school safety; placing and training new teachers; providing incentives for teachers of demonstrated mastery to remain in or transfer to low-performing schools; providing incentives for teachers based on their willingness to teach at schools that serve low-income areas; and providing support systems, such as mentors or specialized training, for teachers who are willing to teach in schools that serve large populations of students from low-income families.

(d)  Train and offer technical assistance to school district staff and others on how to create a safe school environment.

(e)  Foster coordination among schools, law enforcement personnel, and crisis-management teams.

(2)  ORGANIZATION; MEMBERSHIP; MEETINGS; COMPENSATION AND TRAVEL EXPENSES; BUDGET.--The partnership is an independent, nonpartisan body that is assigned to the Department of Education for administrative purposes. The partnership shall be composed of 11 members who are appointed by the Governor and confirmed by the Senate. Three members must be consumers who are not, and never have been, providers of school safety or security services.

(a)  Members shall be appointed to 4-year, staggered terms of office.

(b)  The partnership shall annually elect a chairperson and vice chairperson from among its members.

(c)  The partnership shall meet at least once each year, and the chairperson or a quorum of the members of the partnership may call additional meetings as often as necessary to transact business. A majority of the membership constitutes a quorum, and the vote of a majority of the quorum is necessary to take official action or conduct official business of the partnership. The position of any member who has three consecutive, unexcused absences or who is absent for 50 percent or more of the partnership's meetings within any 12-month period shall be considered vacant.

(d)  A vacancy on the partnership shall be filled in the same manner as the original appointment. Any appointment to fill a vacancy shall be only for the remainder of the unexpired term.

(e)  Members of the partnership shall serve without compensation, but are entitled to reimbursement for per diem and travel expenses incurred in the performance of their duties as provided in s. 112.061, and are entitled to reimbursement for other reasonable, necessary, and actual expenses.

(3)  BUDGET.--The partnership shall have a budget and shall be funded to the extent provided for in the General Appropriations Act.

(4)  ANNUAL REPORT.--The partnership shall submit an annual report to the Governor, the President of the Senate, the Speaker of the House of Representatives, the minority leaders of the Senate and House of Representatives, and the Commissioner of Education. The report must contain an independent analysis of best practices for school safety and security in the state; a summary of programs evaluated; a summary of progress made in developing, maintaining, and refining the electronic clearinghouse of safety and security information; and recommendations for legislative changes or budget requests.

History.--s. 3, ch. 2000-235.

229.8348  Safety and Security Best Practices; review; self-assessment; recommendations; report.--

(1)  The "Safety and Security Best Practices" developed by the Office of Program Policy Analysis and Government Accountability and approved by the Commissioner of Education shall be reviewed annually by the Office of Program Policy Analysis and Government Accountability and the Partnership for School Safety and Security established in s. 229.8347, and each entity shall make recommendations to the Commissioner of Education for the addition, revision, or deletion of best practices.

(2)  Each school district shall use the Safety and Security Best Practices to conduct a self-assessment of the school districts' current safety and security practices. Based on these self-assessment findings, the superintendent of each school district shall provide recommendations to the school board which identify strategies and activities that the school district should implement in order to improve school safety and security.

(3)  By July 1, 2002, and annually thereafter, each school board must receive the self-assessment results at a publicly noticed school board meeting to provide the public an opportunity to hear the school board members discuss and take action on the report findings. Each superintendent shall report the self-assessment results and school board action to the Commissioner of Education within 30 days following the school board meeting.

History.--s. 40, ch. 2001-125.