The Florida Senate

1008.32  State Board of Education oversight enforcement authority.--The State Board of Education shall oversee the performance of district school boards and public postsecondary educational institution boards in enforcement of all laws and rules. District school boards and public postsecondary educational institution boards shall be primarily responsible for compliance with law and state board rule.

(1)  In order to ensure compliance with law or state board rule, the State Board of Education shall have the authority to request and receive information, data, and reports from school districts and public postsecondary educational institutions. District school superintendents and public postsecondary educational institution presidents are responsible for the accuracy of the information and data reported to the state board.

(2)  The Commissioner of Education may investigate allegations of noncompliance with law or state board rule and determine probable cause. The commissioner shall report determinations of probable cause to the State Board of Education which shall require the district school board or public postsecondary educational institution board to document compliance with law or state board rule.

(3)  If the district school board or public postsecondary educational institution board cannot satisfactorily document compliance, the State Board of Education may order compliance within a specified timeframe.

(4)  If the State Board of Education determines that a district school board or public postsecondary educational institution board is unwilling or unable to comply with law or state board rule within the specified time, the state board shall have the authority to initiate any of the following actions:

(a)  Report to the Legislature that the school district or public postsecondary educational institution has been unwilling or unable to comply with law or state board rule and recommend action to be taken by the Legislature.

(b)  Reduce the discretionary lottery appropriation until the school district or public postsecondary education institution complies with the law or state board rule.

(c)  Withhold the transfer of state funds, discretionary grant funds, or any other funds specified as eligible for this purpose by the Legislature until the school district or public postsecondary educational institution complies with the law or state board rule.

(d)  Declare the school district or public postsecondary educational institution ineligible for competitive grants.

(e)  Require monthly or periodic reporting on the situation related to noncompliance until it is remedied.

(5)  Nothing in this section shall be construed to create a private cause of action or create any rights for individuals or entities in addition to those provided elsewhere in law or rule.

History.--s. 376, ch. 2002-387; s. 51, ch. 2004-41.