The Florida Senate

1000.01  The Florida K-20 education system; technical provisions.--

(1)  NAME.--Chapters 1000 through 1013 shall be known and cited as the "Florida K-20 Education Code."

(2)  LIBERAL CONSTRUCTION.--The provisions of the Florida K-20 Education Code shall be liberally construed to the end that its objectives may be effected. It is the legislative intent that if any section, subsection, sentence, clause, or provision of the Florida K-20 Education Code is held invalid, the remainder of the code shall not be affected.

(3)  PURPOSE.--The purpose of the Florida K-20 Education Code is to provide by law for a state system of schools, courses, classes, and educational institutions and services adequate to allow, for all Florida's students, the opportunity to obtain a high quality education. The Florida K-20 education system is established to accomplish this purpose; however, nothing in this code shall be construed to require the provision of free public education beyond grade 12.

(4)  UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS INCLUDED.--As required by s. 1, Art. IX of the State Constitution, the Florida K-20 education system shall include the uniform system of free public K-12 schools. These public K-12 schools shall provide 13 consecutive years of instruction, beginning with kindergarten, and shall also provide such instruction for students with disabilities, gifted students, limited English proficient students, and students in Department of Juvenile Justice programs as may be required by law. The funds for support and maintenance of the uniform system of free public K-12 schools shall be derived from state, district, federal, and other lawful sources or combinations of sources, including any fees charged nonresidents as provided by law.

(5)  EDUCATION GOVERNANCE TRANSFERS.--

(a)  Effective July 1, 2001:

1.  The Board of Regents is abolished.

2.  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 State Board of Education.

3.  The State Board of Community Colleges is abolished.

4.  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 State Board of Education.

5.  The Postsecondary Education Planning Commission is abolished.

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

7.  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.

8.  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 State Board of Education.

(b)  All rules of the State Board of Education, the Commissioner of Education, and the Department of Education, and all rules of the district school boards, the community college boards of trustees, and the state university boards of trustees, in effect on January 2, 2003, remain in effect until specifically amended or repealed in the manner provided by law.

(c)  Effective January 7, 2003:

1.  The administrative rules of the Department of Education and the Commissioner of Education shall become the rules of the State Board of Education.

2.  The administrative rules of the State Board of Education shall become the rules of the appointed State Board of Education.

(d)  All administrative rules of the State Board of Education, the Commissioner of Education, and the Department of Education are transferred by a type two transfer, as defined in s. 20.06(2), to the appointed State Board of Education.

(e)  This act creating the Florida K-20 Education Code shall not affect the validity of any judicial or administrative action involving the Department of Education, pending on January 7, 2003. This act shall not affect the validity of any judicial or administrative action involving the Commissioner of Education or the State Board of Education, pending on January 7, 2003, and the appointed State Board of Education shall be substituted as a party of interest in any such action.

(f)  Effective January 7, 2003, any powers, duties, functions, records, property, unexpended balances of appropriations, allocations, and other funds; administrative authority; administrative rules; pending issues; and existing contracts of the Board of Regents that were previously transferred to the State Board of Education after the Board of Regents was abolished pursuant to paragraph (a) are transferred to the Board of Governors in accordance with s. 7(d), Art. IX of the State Constitution.

History.--s. 3, ch. 2002-387; s. 113, ch. 2003-1; s. 64, ch. 2007-217.