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House Bill 0137

Florida House of Representatives - 1997 CS/HB 137 By the Committee on Education/K-12 and Representative Culp 1 A bill to be entitled 2 An act relating to education; amending s. 3 230.03, F.S., relating to management of the 4 district school system; providing authority for 5 rules, procedures, and policies; correcting a 6 cross reference; repealing s. 230.105(9), F.S., 7 relating to ballot proposition wording for 8 single-member representation for district 9 school boards; amending s. 230.22, F.S.; 10 revising provisions relating to general powers 11 of school boards; amending s. 230.23, F.S.; 12 revising provisions relating to powers and 13 duties of school boards; amending s. 230.2301, 14 F.S.; revising provisions relating to parent 15 meetings with school district personnel; 16 repealing s. 230.23135, F.S., relating to the 17 Florida Council on Student Services; amending 18 s. 230.2316, F.S.; revising provisions relating 19 to dropout prevention; deleting definitions, 20 certain program criteria, and provisions 21 requiring program plans and staff development; 22 amending s. 230.23161, F.S.; correcting a cross 23 reference; amending s. 230.2317, F.S.; revising 24 provisions relating to multiagency services for 25 students with severe emotional disturbance; 26 amending s. 230.2318, F.S.; authorizing school 27 resource officer programs; deleting program 28 purposes and plan requirements; amending s. 29 230.303, F.S.; deleting obsolete language; 30 amending s. 230.33, F.S.; revising provisions 31 relating to duties and responsibilities of 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 superintendents; amending s. 230.331, F.S., 2 relating to reproduction and destruction of 3 district school records; amending s. 230.35, 4 F.S., relating to schools under the control of 5 the school board and superintendent; repealing 6 ss. 230.59, 230.655, and 230.71, F.S., relating 7 to educational communications systems, 8 education programs in correctional facilities, 9 and intergenerational school volunteer 10 programs; amending s. 232.01, F.S., and 11 repealing ss. 232.04 and 232.045, F.S.; 12 combining provisions relating to school 13 attendance requirements; amending s. 232.021, 14 F.S.; conforming provisions; amending s. 15 232.0225, F.S.; revising provisions relating to 16 absence for religious instruction or holidays; 17 repealing s. 232.023, F.S., relating to 18 falsification of attendance records; amending 19 s. 232.03, F.S.; correcting cross references; 20 repealing s. 232.032(2) and 232.034, F.S., 21 relating to an investigation of tuberculosis 22 incidence and a medical exemption for 23 transporting students; amending s. 232.06, 24 F.S.; revising provisions relating to school 25 attendance certificates of exemption; amending 26 s. 232.09, F.S.; correcting a cross reference; 27 repealing ss. 232.10, 232.13, and 232.165, 28 F.S., relating to explanation of student 29 absence, reports of exceptional children, and 30 nonissuance or suspension of driver's license 31 based on student enrollment; amending s. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 232.17, F.S.; revising provisions relating to 2 enforcement of school attendance; deleting 3 reference to attendance assistants; amending s. 4 232.19, F.S.; conforming provisions; repealing 5 ss. 232.245(2) and (3) and 232.2452, F.S., 6 relating to requirements for school district 7 programs for pupil progression and report 8 cards; repealing s. 232.2461, F.S., relating to 9 model curriculum standards; amending s. 10 232.2462, F.S.; deleting attendance 11 requirements for receipt of high school credit; 12 amending s. 232.2468, F.S., and repealing 13 subsections (2) and (3), relating to 14 graduation, habitual truancy, and dropout 15 rates; repealing ss. 232.257 and 232.258, F.S., 16 relating to the School Safety Program and 17 school and community resource grants; amending 18 s. 232.271, F.S.; conforming provisions; 19 repealing ss. 232.276, 232.3015, 232.303, and 20 232.304, F.S., relating to parenting workshops, 21 outreach programs, interagency student 22 services, and multiagency coordinating 23 councils; repealing s. 233.011, F.S., relating 24 to accountability in curriculum, instructional 25 materials, and testing; amending s. 233.061, 26 F.S.; revising provisions relating to required 27 instruction; creating s. 233.0612, F.S.; 28 providing authorized instruction; repealing ss. 29 233.0615, 233.06411, 233.0645, 233.065, 30 233.0661, 233.0662, 233.0663(2), (3), (4), (5), 31 (6), and (7), 233.067, 233.0671, 233.0672, and 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 233.068(3) and (4), F.S., relating to a 2 character development and law education 3 program, a free enterprise and consumer 4 education program, voting instruction, 5 patriotic programs, certain requirements of the 6 drug abuse and resistance education program, 7 comprehensive health education and substance 8 abuse prevention, courses of study in the care 9 of nursing home patients, instruction in 10 acquired immune deficiency syndrome, and 11 planning and implementation of a career 12 development and applied technology program; 13 amending s. 233.07, F.S.; deleting obsolete 14 language; renumbering s. 234.041, F.S., 15 relating to school buses; repealing s. 16 234.0515, F.S., relating to transportation of 17 students by private transportation companies; 18 repealing ss. 234.061 and 234.091, F.S., 19 relating to designation of routes and school 20 bus driver qualifications, to conform; amending 21 and renumbering s. 234.302, F.S., relating to 22 school crossing guards; amending ss. 24.121, 23 39.01, 228.053, 228.061, 229.0535, 229.565, 24 229.58, 229.592, 229.594, 229.8055, 231.085, 25 231.095, 231.1725, 236.013, 236.081, 236.0811, 26 236.0812, 236.1228, 239.101, 239.229, 397.405, 27 402.22, 415.5015, 450.121, 493.6102, and 28 561.025, F.S.; correcting cross references, 29 conforming language, and deleting obsolete 30 language; amending s. 236.24, F.S.; clarifying 31 language relating to school board securities 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 transactions; repealing s. 236.0842, F.S., 2 relating to approval for dropout prevention 3 programs, to conform; providing an effective 4 date. 5 6 Be It Enacted by the Legislature of the State of Florida: 7 8 Section 1. Subsections (2) and (4) of section 230.03, 9 Florida Statutes, are amended to read: 10 230.03 Management, control, operation, administration, 11 and supervision.--The district school system shall be managed, 12 controlled, operated, administered, and supervised as follows: 13 (2) SCHOOL BOARD.--In accordance with the provisions 14 of s. 4(b) of Art. IX of the State Constitution, district 15 school boards shall operate, control, and supervise all free 16 public schools in their respective districts and may exercise 17 any power except as expressly prohibited by the State 18 Constitution or general law. This shall constitute specific 19 authority for rules, procedures, and policies pursuant to this 20 subsection. 21 (4) PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for 22 the administration of any school or schools at a given school 23 center, for the supervision of instruction therein, and for 24 providing leadership in the development or revision and 25 implementation of a school improvement plan required pursuant 26 to s. 230.23(16)(18) shall be delegated to the principal or 27 head of the school or schools as hereinafter set forth and in 28 accordance with rules established by the school board. 29 Section 2. Subsection (9) of section 230.105, Florida 30 Statutes, is hereby repealed. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Section 3. Section 230.22, Florida Statutes, is 2 amended to read: 3 230.22 General powers of school board.--The school 4 board, after considering recommendations submitted by the 5 superintendent, shall exercise the following general powers: 6 (1) DETERMINE POLICIES AND PROGRAMS.--The school board 7 shall Determine and adopt such policies and programs as are 8 deemed necessary by it for the efficient operation and general 9 improvement of the district school system. 10 (2) ADOPT RULES AND REGULATIONS.--The school board 11 shall Adopt such rules and regulations to supplement those 12 prescribed by the state board as in its opinion will 13 contribute to the more orderly and efficient operation of the 14 district school system. 15 (3) PRESCRIBE MINIMUM STANDARDS.--Prescribe and The 16 school board shall adopt such minimum standards as are 17 considered desirable by it for improving the district school 18 system. 19 (4) CONTRACT, SUE, AND BE SUED.--Contract, sue, and be 20 sued. The school board shall constitute the contracting agent 21 for the district school system. It may, when acting as a 22 body, make contracts, also sue and be sued in the name of the 23 school board; provided, that in any suit, a change in 24 personnel of the school board shall not abate the suit, which 25 shall proceed as if such change had not taken place. 26 (5) PERFORM DUTIES AND EXERCISE RESPONSIBILITY.--The 27 school board may Perform those duties and exercise those 28 responsibilities which are assigned to it by law or by rules 29 regulations of the state board and, in addition thereto, those 30 which it may find to be necessary for the improvement of the 31 district school system in carrying out the purposes and 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 objectives of the school code. The Legislature recognizes the 2 necessity for well informed school board members and the 3 benefits to education that may be obtained through board 4 member participation in professional development and training 5 seminars and related activities at the district, state, and 6 national levels. 7 (6) ASSIGNMENT OF STUDENTS TO SCHOOLS.--Assign The 8 school board shall provide for the proper assignment of 9 students to schools and other educational programs 10 administered by the school district or by another agency or 11 private provider through contract with the school board, 12 taking into consideration control of students at school, 13 student safety, placement of students in an appropriate 14 educational program, and maintenance of an educational 15 environment conducive to learning. 16 Section 4. Section 230.23, Florida Statutes, 1996 17 Supplement, is amended to read: 18 230.23 Powers and duties of school board.--The school 19 board, acting as a board, shall exercise all powers and 20 perform all duties listed below: 21 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require 22 the superintendent, as secretary, to keep such minutes and 23 records as are necessary to set forth clearly all actions and 24 proceedings of the school board. 25 (a) Minutes, recording.--The typed minutes of each 26 meeting shall be reviewed, corrected if necessary, and 27 approved at the next regular meeting; provided, that this 28 action may be taken at an intervening special meeting if the 29 board desires. The minutes shall be signed by the chair and 30 superintendent after approval and shall be kept as a public 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 record in a permanent location, bound book in the 2 superintendent's office. 3 (b) Minutes, contents.--The minutes shall show the 4 vote of each member present on all matters on which the board 5 takes action. It shall be the duty of each member to see to 6 it that both the matter and his or her vote thereon are 7 properly recorded in the minutes. Unless otherwise shown by 8 the minutes, it shall be presumed that the vote of each member 9 present supported any action taken by the board in either the 10 exercise of, violation of, or neglect of the powers and duties 11 imposed upon the board by law or legal regulation, whether 12 such action is recorded in the minutes or is otherwise 13 established. It shall also be presumed that the policies, 14 appointments, programs, and expenditures not recorded in the 15 minutes but made and actually in effect in the district school 16 system were made and put into effect at the direction of the 17 school board, unless it can be shown that they were done 18 without the actual or constructive knowledge of the members of 19 the board. 20 (2) CONTROL PROPERTY.--Subject to rules regulations of 21 the state board, control retain possession of all property to 22 which title is now held by the school board and to obtain 23 possession of and accept and hold under proper title as a body 24 corporate by the name of "The School Board of .... County, 25 Florida," all property which may at any time be acquired by 26 the school board for educational purposes in the district; 27 manage and dispose of such property to the best interests of 28 education; contract, sue, receive, purchase, acquire by the 29 institution of condemnation proceedings if necessary, lease, 30 sell, hold, transmit, and convey the title to real and 31 personal property, all contracts to be based on resolutions 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 previously adopted and spread upon the minutes of the school 2 board; receive, hold in trust, and administer for the purpose 3 designated, money, real and personal property, or other things 4 of value granted, conveyed, devised, or bequeathed for the 5 benefit of the schools of the district or of any one of them. 6 (3) ADOPT SCHOOL PROGRAM.--Adopt a school program for 7 the entire school district Authorize the assembling of all 8 data and the making of school surveys essential to the 9 development of a school program for the entire district and to 10 adopt such a program as the basis for operating the schools, 11 one phase of the program to be a 5-year program and another 12 phase to constitute the annual program. 13 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF 14 SCHOOLS.--Adopt and provide for the execution of plans for the 15 establishment, organization, and operation of the schools of 16 the district, including, but not limited to, the following as 17 follows: 18 (a) Schools and enrollment plans attendance 19 areas.--Establish schools and adopt enrollment plans that may 20 include school attendance areas and open enrollment provisions 21 After considering recommendations of the superintendent, to 22 authorize schools to be located and maintained in those 23 communities in the district where they are needed to 24 accommodate, as far as practicable and without unnecessary 25 expense, all the youths who should be entitled to the 26 facilities of such schools and to approve the area from which 27 children are to attend each such school. 28 (b) Elimination of school centers and consolidation of 29 schools.--Provide for the elimination of school centers within 30 the district and for the consolidation of schools whenever the 31 needs of pupils can better and more economically be served at 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 other school centers than those which they have been 2 attending. 3 (c) Adequate educational facilities for all children 4 without tuition.--Provide See that adequate educational 5 facilities are provided through the uniform system of schools 6 for all children without payment of tuition of school age in 7 the district, these facilities to be provided with due regard 8 to the needs of the children on the one hand and to economy on 9 the other. 10 (d) Cooperate with boards of adjoining districts in 11 maintaining schools.--Approve plans for cooperating with 12 school boards of adjoining districts in this state or in 13 adjoining states for establishing school attendance areas 14 composed of territory lying within the districts and for the 15 joint maintenance of district-line schools or other schools 16 which are to serve those attendance areas. The conditions of 17 such cooperation shall be as follows: 18 1. Establishment.--The establishment of a school to 19 serve attendance areas lying in more than one district and the 20 plans for maintaining the school and providing educational 21 services to pupils shall be effected by annual resolutions 22 spread upon the minutes of each school board concerned, which 23 resolutions shall set out the territorial limits of the areas 24 from which children are to attend the school and the plan to 25 be followed in maintaining and operating the school. 26 2. Control.--Control of the school or schools involved 27 shall be vested in the school board of the district in which 28 the school or schools are located unless otherwise agreed by 29 the school boards. 30 3. Settlement of disagreements.--In the event an 31 agreement cannot be reached relating to such attendance areas 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 or to the school or schools therein, the matter may be 2 referred jointly by the cooperating school boards or by either 3 school board to the Department of Education for decision under 4 regulations of the state board, and its decision shall be 5 binding on both school boards. 6 (e) Classification and standardization of 7 schools.--Provide for the classification and standardization 8 of schools Adopt plans and regulations for determining those 9 school centers at which work is to be restricted to the 10 elementary grades, school centers at which work is to be 11 offered only in the high school grades, and school centers at 12 which work is to be offered in any or all grades, and in 13 accordance with such plans and regulations to determine the 14 grade or grades in which work is to be offered at each school 15 center; approve standards and regulations for classifying and 16 standardizing the various schools of the district on such 17 basis as to furnish incentive for the improvement of all 18 schools. 19 (f) Opening and closing of schools; fixing uniform 20 date.--Adopt policies Fix, insofar as possible, a uniform date 21 each year for the opening and closing of all schools and fix 22 uniform dates. under its control, on which date, unless 23 otherwise authorized by the school board, all schools shall 24 open, in order that the keeping of records, the making of 25 reports, the payment of salaries, and the supervision of 26 instruction may be facilitated; and fix the closing date for 27 all schools in the district, these dates to be so determined 28 as to assure, as far as practicable, uniform terms for all 29 schools in the district; adopt rules for the closing of 30 schools during an emergency and to provide for the payment of 31 salaries to the members of the instructional staff on such 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 occasions. However, notwithstanding any of the foregoing, any 2 school board may in its discretion operate any or all of the 3 district schools on an extended term basis, provided the board 4 notifies the Commissioner of Education of its plans for an 5 extended school year on or before January 1 preceding the 6 extended school term. However, notwithstanding any of the 7 foregoing, any school board may, in its discretion, operate 8 any of the district schools on a quarterly basis; provided 9 that: 10 1. All educational requirements required by law are 11 complied with. 12 2. Any school board so instituting a 12-month school 13 program shall have full authority in the assignment of pupils 14 to equalize the number of pupils attending the schools during 15 any student attendance period, in order to utilize school 16 facilities to the maximum extent on a year-round basis, and 17 shall also have full authority to enter into contracts with 18 principals, teachers, and other school personnel for 19 employment on a 12-month basis at the same rate of monthly 20 compensation. 21 3. Such school board, when classroom facilities and 22 teacher availability permit, may allow the parents or guardian 23 of any child the choice of such child attending all or any 24 particular three out of the four quarters during the year or, 25 if a quinmester plan is operational, all or any four out of 26 five quinmesters. 27 4. Any school board planning a 12-month school program 28 shall notify the Department of Education of such plans on or 29 before January 1 preceding the school year in which the plan 30 is to become operative. 31 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (g) Observance of school holidays and vacation 2 periods.--Approve and Designate the observance of school 3 holidays to be observed during the year, except for 4 emergencies, and approve and designate the school vacation 5 periods. 6 (h) Vocational classes and schools.--Provide for the 7 establishment and maintenance of vocational schools, 8 departments, or classes, giving instruction in career 9 education as defined by regulations of the state board, and 10 use any moneys raised by public taxation in the same manner as 11 moneys for other school purposes are used for the maintenance 12 and support of public schools or classes. 13 (i) School boards authorized to establish public 14 evening schools.--Have the authority to The school boards in 15 the state may establish and maintain, in the respective 16 districts, public evening schools, elementary or high, as a 17 branch of the public school system of the district; and such 18 evening schools, when so maintained, shall be available to all 19 residents of the state, native or foreign-born, who, for any 20 satisfactory cause, have been unable to attend any day public 21 school of the district; and all evening schools so maintained 22 shall be under the direction and control of the school board 23 and the superintendent and shall be subject to the same laws, 24 rules, and regulations prescribed for the conduct of day 25 schools in the district in which such evening schools are 26 maintained; and the expense thereof shall be paid out of the 27 district school fund. 28 (j) Cooperate with other agencies in joint 29 projects.--Cooperate with other agencies in joint projects. 30 Adopt plans for cooperating with school boards of other 31 districts in this state or in adjoining states or with other 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 governmental agencies or with nonprofit corporations as 2 provided in this act for such joint projects or activities as 3 may be authorized by regulations of the state board. The 4 conditions of such cooperation shall be as follows: 5 1. Establishment.--The project or activity shall be 6 initiated by resolutions spread upon the minutes of each 7 school board concerned. 8 2. Control.--The control and ownership of any physical 9 property and the control and administration of any project or 10 activity engaged in under the provisions of this section shall 11 be vested in the school board of the district of location 12 unless otherwise agreed by the school boards or unless the 13 project or activity is undertaken as authorized in 14 subparagraph 3. 15 3. Other agencies.--The school board may, by rule, 16 engage in a contractual relationship with other school 17 districts, with governmental agencies, with other agencies 18 that provide services to youth involved in the juvenile 19 justice system pursuant to chapter 39, or with nonprofit 20 corporations which have been formed and incorporated for the 21 purpose of providing a cooperative educational service to the 22 districts. 23 4. Settlement of disagreements.--In the event an 24 agreement cannot be reached relating to any phase of the 25 project or activity, the matter may be referred jointly by the 26 cooperating school boards, or by any individual school board 27 of the cooperating districts, to the Department of Education 28 for decision under regulations of the state board, and its 29 decision shall be binding on all school boards of the 30 cooperating districts. 31 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (k) Planning time for teachers.--The board may adopt 2 plans and regulations which will make provisions for teachers 3 to have time for lunch and some planning time when they will 4 not be directly responsible for the children; provided that 5 some adult supervision will be furnished for the students 6 during such periods. 7 (l) Comprehensive program of staff 8 development.--Establish Develop a comprehensive program of 9 staff development. Such program shall include all services 10 provided under the direction of the board and shall make 11 adequate provision for the proper funding of such program. 12 Such program shall make adequate provision for personnel 13 exchange programs to encourage staff in technical and 14 vocational programs to periodically update their skills 15 through employment experience in government and industry. The 16 salary and benefits of district and state personnel 17 participating in an exchange program shall be continued during 18 the period of time they participate in the exchange program. 19 Such personnel shall have no break in creditable or continuous 20 state service or employment during the period of time in which 21 they participate in an exchange program. The salary and 22 benefits of all persons participating in such exchange 23 programs who are not employed by the district shall be paid by 24 the originating employers of those participants. The duties 25 and responsibilities of a person participating in an exchange 26 program shall be the same as those of the person he or she 27 replaces. 28 (m) Exceptional students.--Provide for an appropriate 29 program of special instruction, facilities, and services for 30 exceptional students as prescribed by the state board as 31 acceptable, including provisions that: 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 1. The school board provide the necessary professional 2 services for diagnosis and evaluation of exceptional students. 3 2. The school board provide the special instruction, 4 classes, and services, either within the district school 5 system, in cooperation with other district school systems, or 6 through contractual arrangements with approved nonpublic 7 schools or community facilities which meet standards 8 established by the state board. 9 3. The school board annually provide information 10 describing the Florida School for the Deaf and the Blind and 11 all other programs and methods of instruction available to the 12 parent or guardian of a sensory-impaired student. 13 4. The school board, once every 3 years, submit to the 14 department its proposed procedures for the provision of 15 special instruction and services for exceptional students. 16 5. No student be given special instruction or services 17 as an exceptional student until after he or she has been 18 properly evaluated, classified, and placed in the manner 19 prescribed by rules of the state board. The parent or guardian 20 of an exceptional student evaluated and placed or denied 21 placement in a program of special education shall be notified 22 of each such evaluation and placement or denial. Such notice 23 shall contain a statement informing the parent or guardian 24 that he or she is entitled to a due process hearing on the 25 identification, evaluation, and placement, or lack thereof. 26 Such hearings shall be exempt from the provisions of ss. 27 120.569, 120.57, and 286.011, and any records created as a 28 result of such hearings shall be confidential and exempt from 29 the provisions of s. 119.07(1), to the extent that the state 30 board adopts rules establishing other procedures. The hearing 31 shall be conducted by an administrative law judge from the 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Division of Administrative Hearings of the Department of 2 Management Services. The decision of the administrative law 3 judge shall be final, except that any party aggrieved by the 4 finding and decision rendered by the administrative law judge 5 shall have the right to bring a civil action in the circuit 6 court. In such an action, the court shall receive the records 7 of the administrative hearing and shall hear additional 8 evidence at the request of either party. In the alternative, 9 any party aggrieved by the finding and decision rendered by 10 the administrative law judge shall have the right to request 11 an impartial review of the administrative law judge's order by 12 the district court of appeal as provided by s. 120.68. 13 Notwithstanding any law to the contrary, during the pendency 14 of any proceeding conducted pursuant to this section, unless 15 the district school board and the parents or guardian 16 otherwise agree, the child shall remain in his or her 17 then-current educational assignment or, if applying for 18 initial admission to a public school, shall be assigned, with 19 the consent of the parents or guardian, in the public school 20 program until all such proceedings have been completed. 21 6. In providing for the education of exceptional 22 students, the superintendent, principals, and teachers shall 23 utilize the regular school facilities and adapt them to the 24 needs of exceptional students to the maximum extent 25 appropriate. Segregation of exceptional students shall occur 26 only if the nature or severity of the exceptionality is such 27 that education in regular classes with the use of 28 supplementary aids and services cannot be achieved 29 satisfactorily. 30 7. The principal of the school in which the student is 31 taught shall keep a written record of the case history of each 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 exceptional student showing the reason for the student's 2 withdrawal from the regular class in the public school and his 3 or her enrollment in or withdrawal from a special class for 4 exceptional students. This record shall be available for 5 inspection by school officials at any time. 6 8. The district school board shall establish the 7 amount to be paid by the district school board for each 8 individual exceptional student contract with a nonpublic 9 school. 10 (n) Alternative education programs for students in 11 residential care facilities.--Provide educational programs 12 according to rules of the state board to students who reside 13 in residential care facilities operated by the Department of 14 Health and Rehabilitative Services., to include: 15 1. An appropriate program of instruction and special 16 education services by the district school board of the county 17 in which the residential care facility is located. The 18 district school board shall make provision for each student to 19 participate in basic, vocational, and exceptional student 20 programs as appropriate. Each program shall be conducted 21 according to applicable statutes providing for the operation 22 of public schools and rules of the state board. Special 23 programs for exceptional students shall be governed by the 24 school board under the provisions of paragraph (m). 25 2. Cooperative planning by the district school board 26 and the Department of Health and Rehabilitative Services for 27 the facilities to house these programs. 28 a. All facilities and furnishings within Department of 29 Health and Rehabilitative Services residential care facilities 30 used for education programs for school-age students during the 31 1978-1979 fiscal year shall be made available to the district 18 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 school board for housing programs of instruction and special 2 education services. 3 1. The district school board shall not be charged any 4 rent, maintenance, utilities, or overhead on such facilities. 5 Maintenance, repairs, and remodeling of existing facilities 6 shall be provided by the Department of Health and 7 Rehabilitative Services. 8 2.b. If additional facilities are required, the 9 district school board and the Department of Health and 10 Rehabilitative Services shall agree on the appropriate site 11 based on the instructional needs of the students. When the 12 most appropriate site for instruction is on district school 13 board property, a special capital outlay request shall be made 14 by the commissioner in accordance with s. 235.41. When the 15 most appropriate site is on state property, state capital 16 outlay funds shall be requested by the Department of Health 17 and Rehabilitative Services as provided by s. 216.043 and 18 shall be submitted as specified by s. 216.023. Any 19 instructional facility to be built on state property shall 20 have educational specifications jointly developed by the 21 school district and the Department of Health and 22 Rehabilitative Services and approved by the Department of 23 Education. The size of space and occupant design capacity 24 criteria as provided by state board rules shall be used for 25 remodeling or new construction whether facilities are provided 26 on state property or district school board property. 27 c. The planning of such additional facilities shall 28 incorporate current Department of Health and Rehabilitative 29 Services deinstitutionalization plans. 30 3. The school board shall have full and complete 31 authority of each such school board in the matter of the 19 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 assignment and placement of such students in educational 2 programs. The parent or guardian of exceptional students shall 3 have the due process rights provided for in subparagraph 4 (m)54. 5 4. The school board shall have a written agreement 6 with between the district school board and the Department of 7 Health and Rehabilitative Services outlining the respective 8 duties and responsibilities of each party. 9 10 Notwithstanding the provisions herein, the educational 11 programs at the Arthur Dozier School for Boys, the Marianna 12 Sunland Center in Jackson County, and the Florida School for 13 Boys at Okeechobee in Okeechobee County shall be operated by 14 the Department of Education, either directly or through grants 15 or contractual agreements with other public or duly accredited 16 educational agencies approved by the Department of Education. 17 (o) Early childhood and basic skills 18 development.--Provide for early childhood and an 19 individualized diagnostic approach to instruction in the 20 primary grades, kindergarten, and grades one through three 21 which shall permit every child to achieve that level of 22 mastery of the basic skills development, including, but not 23 limited to, reading, writing, language arts, arithmetic, 24 measurement, and problem solving, which the child's physical, 25 mental, and emotional capacities permit. 26 (p) Teacher aides.--Appoint teacher aides to assist 27 members of the instructional staff in the primary grades, 28 kindergarten, and grades one through three, to the extent 29 feasible as determined by the school board. 30 (q) Full school utilization program monitoring and 31 evaluation.--Monitor and evaluate full school utilization 20 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 programs. Each district receiving state funding for a full 2 school utilization program shall submit an annual report to 3 the Department of Education by July 1 following implementation 4 of the program, documenting the extent to which the program 5 meets outcome objectives. 6 (5) PERSONNEL.--Designate positions to be filled, 7 prescribe qualifications for those positions, and provide for 8 the appointment, compensation, promotion, suspension, and 9 dismissal of employees as follows, subject to the requirements 10 of chapter 231: 11 (a) Positions, qualifications, and appointments.--Act 12 upon written recommendations submitted by the superintendent 13 for positions to be filled and for minimum qualifications for 14 personnel for the various positions and act upon written 15 nominations of persons to fill such positions. The school 16 board may reject by a majority plus one for good cause any 17 employee nominated. If the third nomination by the 18 superintendent for any position is rejected for good cause, if 19 the superintendent fails to submit a nomination for initial 20 employment within a reasonable time as prescribed by the 21 school board, or if the superintendent fails to submit a 22 nomination for reemployment within the time prescribed by law, 23 the school board may proceed on its own motion to fill such 24 position. 25 (b) Action on nominations.--Act not later than 3 weeks 26 after the end of the regular legislative session on the 27 nominations by the superintendent of supervisors, principals, 28 and members of the instructional staff. 29 (c) Compensation and salary schedules.--Adopt a salary 30 schedule or salary schedules to be used as a basis for paying 31 all school employees, such schedules to be arranged, insofar 21 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 as practicable, so as to furnish incentive for improvement in 2 training and for continued and efficient service and fix and 3 authorize the compensation of school employees on the basis of 4 such schedules. A district school board, in determining the 5 salary schedule for instructional personnel, shall consider 6 the prior teaching experience of a person who has been 7 designated state teacher of the year by any state in the 8 United States. 9 (d) Contracts and terms of service.--Provide written 10 contracts for all regular members of the instructional staff. 11 All contracts with members of the instructional staff shall be 12 in accordance with the salary schedule adopted by the school 13 board, shall be in writing for definite amounts and for 14 definite terms of service, and shall specify the number of 15 monthly payments to be made. All such contracts shall be 16 executed in duplicate, and a true signed copy shall be 17 retained by the board in the office of the superintendent. 18 The school board is prohibited from paying any salary to any 19 member of the instructional staff, except when this provision 20 has been observed. 21 (e) Transfer and promotion.--Act on recommendations of 22 the superintendent regarding transfer and promotion of any 23 employee. 24 (f) Suspension and dismissal and return to annual 25 contract status.--Suspend, dismiss, or return to annual 26 contract members of the instructional staff and other school 27 employees; however, no administrative assistant, supervisor, 28 principal, teacher, or other member of the instructional staff 29 may be discharged, removed, or returned to annual contract 30 except as provided in chapter 231. 31 22 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (g) Awards and incentives.--Provide for recognition of 2 district employees, students, school volunteers, or advisory 3 committee members who have contributed outstanding and 4 meritorious service in their fields or service areas. After 5 considering recommendations of the superintendent, the board 6 shall adopt rules establishing and regulating the meritorious 7 service awards necessary for the efficient operation of the 8 program. Monetary awards shall be limited to persons who 9 propose procedures or ideas which are adopted by the board and 10 which will result in eliminating or reducing school board 11 expenditures or improving district or school center 12 operations. Nonmonetary awards shall include, but need not be 13 limited to, certificates, plaques, medals, ribbons, and 14 photographs. The school board is authorized to expend funds 15 for such recognition and awards. No award granted under the 16 provisions of this paragraph shall exceed $2,000 or 10 percent 17 of the first year's gross savings, whichever is greater. 18 (h) Recruitment of instructional personnel.--Establish 19 policies for the effective recruitment of quality 20 instructional personnel. Such policies may provide for 21 appropriate expenses related thereto and may include, but are 22 not limited to, moving expenses for teachers in areas of 23 critical need as determined by action of the school board. 24 (6) CHILD WELFARE.--Provide for the proper accounting 25 for all children of school age, for the attendance and control 26 of pupils at school, and for proper attention to health, 27 safety, and other matters relating to the welfare of children 28 in the following fields, as prescribed in chapter 232. 29 (a) Admission, classification, promotion, and 30 graduation of pupils.--Adopt rules and regulations for 31 admitting, classifying, promoting, and graduating pupils to or 23 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 from the various schools of the district. Such rules shall 2 provide for the verification of a student's prior attendance 3 and grade level, within or without this state, at the time of 4 admission to a school in this state. Such verification is 5 required prior to a student's progression to the next grade 6 level. In the absence of any verification, the child shall be 7 administered the standard test used in the district to 8 determine at what grade level the child is functioning; and 9 the child shall be placed in the appropriate program as 10 indicated by the test results. In addition, each school board 11 shall adopt policies relating to the assessment and reporting 12 of students' classroom performance. These policies shall 13 clearly assign initial and primary authority for such 14 assessment and reporting to the classroom teacher. The 15 review, modification, or appeal of a classroom teacher's 16 assessment and reporting of a student's classroom performance 17 can be effected only through established policies of the 18 school board. 19 (b) Enforcement of attendance laws.--Provide for the 20 enforcement of all laws and regulations relating to the 21 attendance of pupils at school and for employing such 22 assistants to the superintendent as may be needed to enforce 23 these laws effectively. Each school district shall establish 24 policies and procedures designed to assist students in 25 improving their attendance and attaining a high school 26 diploma. 27 (c) Control of pupils.-- 28 1. Adopt rules and regulations for the control, 29 discipline, in-school suspension, suspension, and expulsion of 30 pupils and decide all cases recommended for expulsion. Such 31 rules shall clearly specify disciplinary action that shall be 24 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 imposed if a student possesses alcoholic beverages or 2 electronic telephone pagers or is involved in the illegal use, 3 sale, or possession of controlled substances, as defined in 4 chapter 893, on school property or while attending a school 5 function. School boards are encouraged to include in these 6 provisions alternatives to expulsion and suspension such as 7 in-school suspension, assignment to second chance schools, and 8 guidelines on identification and referral of students to 9 alcohol and substance abuse treatment agencies. To the extent 10 that funding is available, it is the intent of the Legislature 11 that all persons of compulsory school age who have not 12 received a high school diploma be placed in an appropriate 13 program which may include, but not be limited to, traditional 14 schools, second chance schools jointly provided by the 15 district school board and the Department of Juvenile Justice, 16 disciplinary schools, and other alternatives to expulsion 17 programs. Suspension hearings are exempted from the provisions 18 of chapter 120. Expulsion hearings shall be governed by ss. 19 120.569 and 120.57(2) and are exempt from s. 286.011. However, 20 the pupil's parent or legal guardian must be given notice of 21 the provisions of s. 286.011 and may elect to have the hearing 22 held in compliance with that section. The school board shall 23 have the authority to prohibit the use of corporal punishment, 24 provided that the school board adopts or has adopted a written 25 program of alternative control or discipline, which may 26 include, but is not limited to, timeout rooms, in-school 27 suspension, student peer review, parental involvement, and 28 other forms of positive reinforcement, such as classes on 29 appropriate classroom behavior. 30 2. Have the authority as the school board of a 31 receiving school district to honor the final order of 25 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 expulsion or dismissal of a student by any in-state or 2 out-of-state public school board or private school, or 3 developmental research school, for an act which would have 4 been grounds for expulsion according to the receiving school 5 district's code of student conduct, in accordance with the 6 following procedures: 7 a. A final order of expulsion shall be recorded in the 8 records of the receiving school district. 9 b. The expelled student applying for admission to the 10 receiving school district shall be advised of the final order 11 of expulsion. 12 c. The superintendent of schools of the receiving 13 school district may recommend to the school board that the 14 final order of expulsion be waived and the student be admitted 15 to the school district, or that the final order of expulsion 16 be honored and the student not be admitted to the school 17 district. If the student is admitted by the school board, with 18 or without the recommendation of the superintendent, the 19 student may be placed in an appropriate educational program at 20 the direction of the school board. 21 (d) Code of student conduct.--Adopt a code of student 22 conduct for elementary schools and a code of student conduct 23 for secondary schools and distribute the appropriate code to 24 all teachers, school personnel, students, and parents or 25 guardians, at the beginning of every school year. A district 26 may compile the code of student conduct for elementary schools 27 and the code of student conduct for secondary schools in one 28 publication and distribute the combined codes to all teachers, 29 school personnel, students, and parents or guardians at the 30 beginning of every school year. Each code of student conduct 31 shall be developed by the school board; elementary or 26 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 secondary school teachers and other school personnel, 2 including school administrators; students; and parents or 3 guardians. The code of student conduct for elementary schools 4 shall parallel the code for secondary schools. Each code shall 5 be organized and written in language which is understandable 6 to students and parents and shall be discussed at the 7 beginning of every school year in student classes, school 8 advisory councils, and parent and teacher associations. Each 9 code shall be based on the rules governing student conduct and 10 discipline adopted by the school board and be made available 11 in the student handbook or similar publication. Each code 12 shall include, but not be limited to: 13 1. Consistent policies and specific grounds for 14 disciplinary action, including in-school suspension, 15 out-of-school suspension, expulsion, any disciplinary action 16 that may be imposed for the possession or use of alcohol on 17 school property or while attending a school function or for 18 the illegal use, sale, or possession of controlled substances 19 as defined in chapter 893. 20 2. Procedures to be followed for acts requiring 21 discipline, including corporal punishment. 22 3. An explanation of the responsibilities and rights 23 of students with regard to attendance, respect for persons and 24 property, knowledge and observation of rules of conduct, the 25 right to learn, free speech and student publications, 26 assembly, privacy, and participation in school programs and 27 activities. 28 4. Notice that illegal use, possession, or sale of 29 controlled substances, as defined in chapter 893, or 30 possession of electronic telephone pagers, by any student 31 while such student is upon school property or in attendance at 27 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 a school function is grounds for in-school suspension, 2 out-of-school suspension, expulsion, or imposition of other 3 disciplinary action by the school and may also result in 4 criminal penalties being imposed. 5 5. Notice that the possession of a firearm, a knife, a 6 weapon, or an item which can be used as a weapon by any 7 student while the student is on school property or in 8 attendance at a school function is grounds for disciplinary 9 action and may also result in criminal prosecution. 10 6. Notice that violence against any school district 11 personnel by a student is grounds for in-school suspension, 12 out-of-school suspension, expulsion, or imposition of other 13 disciplinary action by the school and may also result in 14 criminal penalties being imposed. 15 7. Notice that violation of school board 16 transportation policies, including disruptive behavior on a 17 school bus or at a school bus stop, by a student is grounds 18 for suspension of the student's privilege of riding on a 19 school bus and may be grounds for in-school suspension, 20 out-of-school suspension, expulsion, or imposition of other 21 disciplinary action by the school and may also result in 22 criminal penalties being imposed. 23 8. Notice that violation of the school board's sexual 24 harassment policy by a student is grounds for in-school 25 suspension, out-of-school suspension, expulsion, or imposition 26 of other disciplinary action by the school and may also result 27 in criminal penalties being imposed. 28 9. Policies to be followed for the assignment of 29 violent or disruptive students to an alternative educational 30 program. 31 28 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 10. Notice that any student who is determined to have 2 brought a firearm, as defined in 18 U.S.C. s. 921, to school, 3 any school function, or on any school-sponsored transportation 4 will be expelled, with or without continuing educational 5 services, from the student's regular school for a period of 6 not less than 1 full year and referred for criminal 7 prosecution. School boards may assign the student to a 8 disciplinary program or second chance school for the purpose 9 of continuing educational services during the period of 10 expulsion. Superintendents may consider the 1-year expulsion 11 requirement on a case-by-case basis and request the school 12 board to modify the requirement if determined to be in the 13 best interest of the student and the school system. 14 (e) Student crime watch program.--By resolution of the 15 school board, implement a student crime watch program to 16 promote responsibility among students and to assist in the 17 control of criminal behavior within the schools. 18 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL 19 AIDS.--Provide adequate instructional aids for all children as 20 follows and in accordance with the requirements of chapter 21 233. 22 (a) Courses of study; adoption.--Adopt courses of 23 study for use in the schools of the district; provided, that 24 such courses shall comprise materials needed to supplement 25 minimum courses of study prescribed by the state board for all 26 schools. 27 (b) Textbooks.--Provide for proper requisitioning, 28 distribution, accounting, storage, care, and use of all 29 textbooks and other books furnished by the state and furnish 30 such other textbooks and library books as may be needed. The 31 school board is responsible for assuring that instructional 29 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 materials used in the district are consistent with the 2 district goals and objectives and the curriculum frameworks 3 approved by the State Board of Education, as well as with the 4 state and district performance standards provided for in ss. 5 229.565 and 232.2454. 6 (c) Other instructional aids.--Provide such other 7 teaching accessories and aids as are needed to carry out the 8 program. 9 (d) School library media services; establishment and 10 maintenance.--Establish and maintain school library media 11 centers, or school library media centers open to the public, 12 and, in addition thereto, such traveling or circulating 13 libraries as may be needed for the proper operation of the 14 district school system. Establish and maintain a program of 15 school library media services for all public schools school 16 students which shall be designed to ensure effective use of 17 available resources and to avoid unnecessary duplication and 18 shall include, but not be limited to, basic skills 19 development, instructional design, media collection 20 development, media program management, media production, staff 21 development, and consultation and information services. 22 (8) TRANSPORTATION OF PUPILS.--After considering 23 recommendations of the superintendent, make provision for the 24 transportation of pupils to the public schools or school 25 activities they are required or expected to attend; authorize 26 transportation routes arranged efficiently and economically; 27 provide the necessary transportation facilities, and, when 28 authorized under regulations of the state board and if more 29 economical to do so, provide limited subsistence in lieu 30 thereof; and adopt the necessary rules and regulations to 31 30 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 ensure safety, economy, and efficiency in the operation of all 2 buses, as prescribed in chapter 234. 3 (9) SCHOOL PLANT.--Approve plans for locating, 4 planning, constructing, sanitating, insuring, maintaining, 5 protecting, and condemning school property as prescribed in 6 chapter 235 and as follows: 7 (a) School building program.--Approve and adopt a 8 districtwide school building program, indicating the centers 9 at which school work is to be offered on the various levels; 10 the type, size, and location of schools to be established; and 11 the steps to be taken to carry out the program. This program 12 shall be a part of the 5-year program for the district and, 13 insofar as practicable, shall be based on the recommendations 14 of a survey made or approved under the direction of the 15 Department of Education. 16 (b) Sites, buildings, and equipment.-- 17 1. Select and purchase school sites, playgrounds, and 18 recreational areas located at centers at which schools are to 19 be constructed, of adequate size to meet the needs of 20 projected pupils to be accommodated.; 21 2. Approve the proposed purchase of any site, 22 playground, or recreational area for which district funds are 23 to be used.; 24 3. Expand existing sites.; 25 4. Rent buildings when necessary.; 26 5. Enter into leases or lease-purchase arrangements, 27 in accordance with the requirements and conditions provided in 28 s. 235.056(2), with private individuals or corporations for 29 the rental of necessary grounds and educational facilities for 30 school purposes or of educational facilities to be erected for 31 school purposes. Current or other funds authorized by law may 31 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 be used to make payments under a lease-purchase agreement. 2 Notwithstanding any other statutes, if the rental is to be 3 paid from funds received from ad valorem taxation and the 4 agreement is for a period greater than 12 months, an approving 5 referendum must be held. The provisions of such contracts, 6 including building plans, shall be subject to approval by the 7 Department of Education, and no such contract shall be entered 8 into without such approval. As used in this section, 9 "educational facilities" means the buildings and equipment 10 which are built, installed, or established to serve 11 educational purposes and which may lawfully be used. The 12 State Board of Education is authorized to promulgate such 13 rules as it deems necessary to implement the provisions 14 hereof.; 15 6. Provide for the proper supervision of 16 construction.; 17 7. Make or contract for additions, alterations, and 18 repairs on buildings and other school properties.; 19 8. Ensure that all plans and specifications for 20 buildings provide adequately for the safety and well-being of 21 pupils, as well as for economy of construction by having such 22 plans and specifications submitted to the Department of 23 Education for approval; and 24 9. Provide furniture, books, apparatus, and other 25 equipment necessary for the proper conduct of the work of the 26 schools. 27 (c) Maintenance and upkeep of school plant.--Provide 28 adequately for the proper maintenance and upkeep of school 29 plants, so that children may attend school without sanitary or 30 physical hazards, and provide for the necessary heat, lights, 31 32 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 water, power, and other supplies and utilities necessary for 2 the operation of the schools. 3 (d) Insurance of school property.--Carry insurance on 4 every school building in all school plants including contents, 5 boilers, and machinery, except buildings of three classrooms 6 or less which are of frame construction and located in a tenth 7 class public protection zone as defined by the Florida 8 Inspection and Rating Bureau, and on all school buses and 9 other property under the control of the school board or title 10 to which is vested in the school board, except as exceptions 11 may be authorized under regulations of the state board. 12 (e) Condemnation of buildings.--Condemn and prohibit 13 the use for public school purposes of any building which can 14 be shown for sanitary or other reasons to be no longer 15 suitable for such use and, when any building is condemned by 16 any state or other government agency as authorized in chapter 17 235, see that it is no longer used for school purposes. 18 (10) FINANCE.--Take steps to assure children adequate 19 educational facilities through the financial procedure 20 authorized in chapters 236 and 237 and as prescribed below: 21 (a) Provide for all schools to operate at least 180 22 days.--Provide for the operation of all public schools, both 23 elementary and secondary, as free schools for a term of at 24 least 180 days or the equivalent on an hourly basis as 25 specified by regulations of the State Board of Education; 26 determine district school funds necessary in addition to state 27 funds to operate all schools for such minimum term; arrange 28 for the levying of district school taxes necessary to provide 29 the amount needed from district sources. 30 (b) Annual budget.--Cause to be prepared, adopt, and 31 have submitted to the Department of Education as required by 33 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 law and by regulations of the state board, the annual school 2 budget, such budget to be so prepared and executed as to 3 promote the improvement of the district school system. 4 (c) Tax levies.--Adopt and spread on its minutes a 5 resolution fixing the district school tax levy, provided for 6 under s. 9, Art. VII of the State Constitution, necessary to 7 carry on the school program adopted for the district for the 8 next ensuing fiscal year as required by law, and fixing the 9 district bond interest and sinking fund tax levy necessary for 10 districts against which bonds are outstanding; adopt and 11 spread on its minutes a resolution suggesting the tax levy 12 provided for in s. 9, Art. VII of the State Constitution, 13 found necessary to carry on the school program adopted for the 14 district for the next ensuing fiscal year. 15 (d) School funds.--Require that an accurate account is 16 kept of all funds which should be transmitted to the school 17 board for school purposes at various periods during the year 18 from all sources and, if any funds are not transmitted 19 promptly, take the necessary steps to have such funds made 20 available. 21 (e) Borrow money.--Borrow money, as prescribed in ss. 22 237.141-237.171, when necessary in anticipation of funds 23 reasonably to be expected during the year as shown by the 24 budget. 25 (f) Financial records and accounts.--Provide for 26 keeping of accurate records of all financial transactions, 27 including records of school and student activity funds, and 28 school lunch programs, and have these records kept under the 29 various classifications commonly used in school financial 30 accounting; authorize and compensate such trained assistants 31 34 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 to the superintendent as may be needed to maintain adequate 2 records. 3 (g) Approval and payment of accounts.--Implement a 4 system of accounting and budgetary control to ensure that 5 payments do not exceed amounts budgeted, as required by law; 6 make available all records for proper audit by state 7 officials; and have prepared required periodic statements 8 showing receipts, balances, and expenditures to date and 9 require a copy of each such statement to be filed with the 10 Department of Education as provided by rules of the state 11 board. 12 (h) Bonds of employees.--Fix and prescribe the bonds, 13 and pay the premium on all such bonds, of all school employees 14 who are responsible for school funds in order to provide 15 reasonable safeguards for all such funds or property. 16 (i) Contracts for materials, supplies, and 17 services.--Contract for materials, supplies, and services 18 needed for the district school system. No contract for 19 supplying these needs shall be made with any member of the 20 school board, with the superintendent, or with any business 21 organization in which any school board member or the 22 superintendent has any financial interest whatsoever. 23 (j) Purchasing regulations to be secured from 24 Department of Management Services.--Secure purchasing 25 regulations and amendments and changes thereto from the 26 Division of Purchasing of the Department of Management 27 Services and prior to any purchase have reported to it by its 28 staff, and give consideration to the lowest price available to 29 it under such regulations, provided a regulation applicable to 30 the item or items being purchased has been adopted by the 31 Division of Purchasing. The Division of Purchasing should meet 35 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 with educational administrators to expand the inventory of 2 standard items for common usage in all schools and higher 3 education institutions. 4 (k) Investment policies.-- 5 1. Adopt policies pertaining to the investment of 6 school funds not needed for immediate expenditures, after 7 considering the recommendations of the superintendent. The 8 adopted policies shall make provisions for investing or 9 placing on deposit all such funds in order to earn the maximum 10 possible yield under the circumstances from such investments 11 or deposits. The method of determining the maximum yield on 12 investments or deposits shall include, but not necessarily be 13 limited to, bids from qualified depositories, yields from 14 certificates of deposit, yields from time deposits, yields 15 from securities guaranteed by the Government of the United 16 States, or other forms of investments authorized by law. 17 2. Part of the funds available for investment may be 18 set aside to invest in time deposits or savings accounts in 19 banks or savings and loan associations on the federal list of 20 minority financial institutions designated as authorized 21 depositories. The investment of such funds must be 22 competitively bid among such minority financial institutions 23 located within the school district boundaries and must be in 24 compliance with s. 236.24 and chapter 280. The amount of 25 funds designated for such investment shall be determined by 26 the school board and may be based on the percentage of 27 minorities within the population of the school district. 28 (l) Protection against loss.--Provide for adequate 29 protection against any loss or damage to school property or 30 loss resulting from any liability for which the board or its 31 officers, agents, or employees may be responsible under law. 36 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 In fulfilling this responsibility, the board is authorized and 2 empowered to purchase insurance, to be self-insured, to enter 3 into risk management programs managed by district school 4 boards, school-related associations, or insurance companies, 5 or to have any combination thereof in any area to the extent 6 the board is either authorized or required by law to contract 7 for insurance. Any risk management program entered into 8 pursuant to this subsection shall provide for strict 9 accountability of all funds to the member school boards and an 10 annual audit by an independent certified public accountant of 11 all receipts and disbursements. 12 (11) RECORDS AND REPORTS.--Provide for the keeping of 13 all necessary records and the making of all needed or required 14 reports, as follows: 15 (a) Forms, blanks, and reports.--Require all employees 16 to keep accurately all records and to make promptly in the 17 proper form all reports required by law or by regulations of 18 the state board. 19 (b) Reports to the department.--Require that the 20 superintendent prepare all reports to the Department of 21 Education that may be required by law or regulations of the 22 state board; see that all such reports are promptly 23 transmitted to the department; withhold the further payment of 24 salary to the superintendent or employee when notified by the 25 department that he or she has failed to file any report within 26 the time or in the manner prescribed; and continue to withhold 27 the salary until the school board is notified by the 28 department that such report has been received and accepted; 29 provided, that when any report has not been received by the 30 date due and after due notice has been given to the school 31 board of that fact, the department, if it deems necessary, may 37 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 require the report to be prepared by a member of its staff, 2 and the school board shall pay all expenses connected 3 therewith. Any member of the school board who is responsible 4 for the violation of this provision is subject to suspension 5 and removal. 6 (c) Reports to parents.--At regular intervals reports 7 shall be made by principals or teachers in public schools to 8 parents or those having parental authority over the children 9 enrolled and in attendance upon their schools, apprising them 10 of the progress being made by the pupils in their studies and 11 giving other needful information. 12 (12) COOPERATION WITH OTHER DISTRICT SCHOOL 13 BOARDS.--May establish and participate in educational 14 consortia which are designed to provide joint programs and 15 services to cooperating school districts, consistent with the 16 provisions of s. 4(b), Art. IX of the State Constitution. The 17 State Board of Education shall adopt rules providing for the 18 establishment, funding, administration, and operation of such 19 consortia. 20 (13) COOPERATION WITH OTHER AGENCIES.-- 21 (a) Cooperate with federal, state, county, and 22 municipal agencies in all matters relating to education and 23 child welfare. District superintendents and school boards may 24 initiate policy meetings with such agencies to promote joint 25 planning and provide effective programs in matters relating to 26 discipline, truancy, and dropouts. 27 (b) Cooperate with public and private community 28 agencies and with the local service district of the Department 29 of Health and Rehabilitative Services to achieve the first 30 state education goal, readiness to start school. 31 38 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (c) Cooperate with the Department of Education in 2 identifying each child in the school district who is a 3 migratory child as defined in Pub. L. No. 95-561 and cooperate 4 with the department in providing such other information as the 5 department deems necessary. 6 (13)(14) ENFORCEMENT OF LAW AND RULES AND 7 REGULATIONS.--Require that all laws and rules and regulations 8 of the state board or of the school board are properly 9 enforced. 10 (15) COOPERATE WITH SUPERINTENDENT.--Cooperate with 11 the superintendent at all times to the end that the district 12 school system may constantly be improved. 13 (14)(16) SCHOOL LUNCH PROGRAM.--Assume such 14 responsibilities and exercise such powers and perform such 15 duties as may be assigned to it by law or as may be required 16 by regulations of the state board or as in the opinion of the 17 school board are necessary to assure school lunch services, 18 consistent with needs of pupils; effective and efficient 19 operation of the program; and the proper articulation of the 20 school lunch program with other phases of education in the 21 district. 22 (15)(17) PUBLIC INFORMATION PROGRAM.--Adopt procedures 23 whereby the general public can be adequately informed of the 24 educational programs, needs, and objectives of public 25 education within the district. 26 (16)(18) IMPLEMENT SCHOOL IMPROVEMENT AND 27 ACCOUNTABILITY.--Maintain a system of school improvement and 28 education accountability as provided by statute and State 29 Board of Education rule. This system of school improvement and 30 education accountability shall be consistent with, and 31 implemented through, the district's continuing system of 39 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 planning and budgeting required by this section and ss. 2 229.555 and 237.041. This system of school improvement and 3 education accountability shall include, but not be limited to, 4 the following: 5 (a) School improvement plans.--Annually approve and 6 require implementation of a new, amended, or continuation 7 school improvement plan for each school in the district. Such 8 plan shall be designed to achieve the state education goals 9 and student performance standards pursuant to ss. 229.591(3) 10 and 229.592, shall be based on a needs assessment, and shall 11 include school progress, goals, indicators of student 12 progress, strategies, and evaluation procedures, including 13 adequate measures of individual student performance. Each 14 school shall develop its initial individual school improvement 15 plan to be submitted for approval during the 1992-1993 school 16 year and shall implement the initial plan as approved 17 beginning with the 1993-1994 school year. 18 (b) Approval process.--Develop a process for approval 19 of a school improvement plan presented by an individual school 20 and its advisory council. In the event a board does not 21 approve a school improvement plan after exhausting this 22 process, the Florida Commission on Education Reform and 23 Accountability shall be notified of the need for assistance. 24 (c) Assistance and intervention.--Develop a 3-year 25 plan of increasing individualized assistance and intervention 26 for each school that does not meet or make adequate progress, 27 based upon the recommendations of the commission, as defined 28 pursuant to statute and State Board of Education rule, toward 29 meeting the goals and standards of its approved school 30 improvement plan. 31 40 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (d) After 3 years.--Notify the Florida Commission on 2 Education Reform and Accountability and the State Board of 3 Education in the event any school does not make adequate 4 progress toward meeting the goals and standards of a school 5 improvement plan by the end of 3 consecutive years of district 6 assistance and intervention and proceed according to 7 guidelines developed pursuant to statute and State Board of 8 Education rule. 9 (e) Public disclosure.--Provide information regarding 10 performance of students and educational programs as required 11 pursuant to s. 229.555, and, beginning with the 1994-1995 12 school year, implement a new system of school reports as 13 required by statute and State Board of Education rule. 14 (f) School improvement funds.--Provide funds to 15 schools for developing and implementing school improvement 16 plans. Such funds shall include those funds appropriated for 17 the purpose of school improvement pursuant to s. 24.121(5)(c). 18 (g) Feedback report.--Develop a "feedback report" on 19 the progress of implementing and maintaining a system of 20 school improvement and education accountability established in 21 s. 229.592(2). The report shall be submitted to the Florida 22 Commission on Education Reform and Accountability by July 1, 23 1992, and annually thereafter. The report shall include, but 24 not be limited to, information pertaining to the accuracy of 25 data collection and analysis, the ability of the Department of 26 Education to assist school boards in emphasizing reporting on 27 individual school improvement and progress while minimizing 28 comparisons between schools, the effectiveness of training and 29 technical assistance provided by the Department of Education, 30 and the effectiveness of the waiver process established in s. 31 229.592(6); and recommendation for improvement. 41 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Section 5. Section 230.2301, Florida Statutes, is 2 amended to read: 3 230.2301 Parents may be accompanied.--At any meeting 4 with school district personnel regarding the assignment of 5 staff to an exceptional student or at a conference regarding 6 the discipline of a student, a the student's parent or 7 guardian may be accompanied by another adult of his or her 8 choice to assist the parent or guardian in communicating with 9 school district personnel. 10 Section 6. Section 230.23135, Florida Statutes, as 11 amended by chapters 94-232 and 95-147, Laws of Florida, is 12 hereby repealed. 13 Section 7. Section 230.2316, Florida Statutes, 1996 14 Supplement, is amended to read: 15 230.2316 Dropout prevention.-- 16 (1) SHORT TITLE.--This act may be cited as the 17 "Dropout Prevention Act." 18 (2) INTENT.--The Legislature recognizes that a growing 19 proportion of young people are not making successful 20 transitions to productive adult lives. The Legislature further 21 recognizes that traditional education programs which do not 22 meet certain students' educational needs and interests may 23 cause these students to become unmotivated, fail, be truant, 24 be disruptive, or drop out of school. The Legislature finds 25 that a child who does not complete his or her education is 26 greatly limited in obtaining gainful employment, achieving his 27 or her full potential, and becoming a productive member of 28 society. Therefore, it is the intent of the Legislature to 29 authorize and encourage district school boards throughout the 30 state to establish comprehensive dropout prevention programs. 31 These programs shall be designed to meet the needs of students 42 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 who are not effectively served by conventional education 2 programs in the public school system. It is further the intent 3 of the Legislature that cooperative agreements be developed 4 among school districts, other governmental and private 5 agencies, and community resources in order to implement 6 innovative exemplary programs aimed at reducing the number of 7 students who do not complete their education and increasing 8 the number of students who have a positive experience in 9 school and obtain a high school diploma. 10 (3) DEFINITIONS.--As used in this section, the term: 11 (a) "Educational alternatives programs" means 12 educational programs which are designed to offer variations of 13 traditional instructional programs and strategies for the 14 purpose of increasing the likelihood that grade 4 through 15 grade 12 students who are unmotivated, or deemed habitually 16 truant as defined in s. 228.041(28), or unsuccessful in 17 traditional programs, remain in school and enroll in a program 18 of study that leads to a high school diploma or its 19 equivalent. 20 (b) "Substance abuse programs" means agency-based or 21 school-based educational programs which are designed to meet 22 the needs of students with drug or alcohol-related problems. 23 (c) "Disciplinary programs" means programs designed to 24 provide a safe learning environment for the general school 25 population, increase the safety of the school and the 26 community, and provide positive intervention for students who 27 are disruptive in the traditional school environment. 28 (d) "Youth services programs" means educational 29 programs, including conflict resolution training, provided by 30 the school district to students participating in Department of 31 43 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Health and Rehabilitative Services or other state or community 2 youth residential or day services programs. 3 (e) "Second chance schools" means school district 4 programs provided through cooperative agreements between the 5 Department of Juvenile Justice, private providers, state or 6 local law enforcement agencies, or other state agencies for 7 students deemed habitual truants as defined in s. 228.041(28), 8 or for students who have been disruptive or violent or who 9 have committed serious offenses. As partnership programs, 10 second chance schools are eligible for waivers from the 11 Commissioner of Education to chapters 230-235 and 239 and 12 State Board of Education rules that prevent the provision of 13 appropriate educational services to violent, severely 14 disruptive, and delinquent students in small nontraditional 15 settings and in court-adjudicated settings. 16 (3)(4) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--All 17 programs funded pursuant to the provisions of this section 18 shall be positive and shall reflect strong parental and 19 community involvement. In addition, specific programs shall 20 meet the following criteria: 21 (a) Educational alternatives programs.-- 22 (a)1. Dropout prevention programs shall differ The 23 program differs from traditional education programs and 24 schools in scheduling, administrative structure, philosophy, 25 curriculum, or setting and shall employ employs alternative 26 teaching methodologies, curricula, learning activities, or 27 diagnostic and assessment procedures in order to meet the 28 needs, interests, abilities, and talents of eligible students. 29 The educational program shall provide curricula and related 30 services which support the program goals and lead to 31 completion of a high school diploma. Student participation in 44 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 such programs shall be voluntary. Districts may, however, 2 assign students to a program for disruptive students. The 3 minimum period of time during which the student participates 4 in the program shall be equivalent to two instructional 5 periods per day unless the program utilizes a student support 6 and assistance component rather than regularly scheduled 7 courses. 8 (b)2. Eligible dropout prevention students shall be 9 reported for dropout prevention full-time equivalent student 10 membership in the Florida Education Finance Program in 11 standard dropout prevention classes or A student support and 12 assistance components which component may be used to provide 13 academic assistance and coordination of support services to 14 students enrolled full time in a regular classroom who are 15 eligible for educational alternative programs. The student 16 support and assistance This component shall include auxiliary 17 services provided to students or teachers, or both. Students 18 participating in this model shall generate funding only for 19 the time that they receive extra services or auxiliary help. 20 (c)3. A The student shall be has been identified as 21 being a potential dropout based upon one of the following 22 criteria: 23 1.a. The student has shown a lack of motivation in 24 school through grades which are not commensurate with 25 documented ability levels or high absenteeism or habitual 26 truancy as defined in s. 228.041(28).; 27 2.b. The student has not been successful in school as 28 determined by retentions, failing grades, or low achievement 29 test scores and has needs and interests that cannot be met 30 through traditional programs.; 31 45 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 3.c. The student has been identified as a potential 2 school dropout by student services personnel using district 3 criteria. District criteria that are used as a basis for 4 student referral to an educational alternatives program shall 5 identify specific student performance indicators that the 6 educational alternative program seeks to address.; 7 d. The student has performed successfully in the 8 educational alternatives program and wishes to remain enrolled 9 in such program. 10 4. The remedial compensatory program must be 11 coordinated in a manner which permits the exclusion of 12 instructional staff members employed through the use of funds 13 in this program from the comparability requirements of the 14 Federal Compensatory Education Program. 15 (b) Substance abuse programs.-- 16 1. The program shall provide basic educational 17 instruction for students participating in non-school-based 18 residential or day substance abuse treatment programs. Such 19 educational programs shall provide curricula and related 20 services which support the program goals and lead to 21 completion of a high school diploma or its equivalent; or 22 4.2. The student has The program shall provide 23 school-based programs which serve students who have documented 24 drug-related or alcohol-related problems, or has students 25 whose immediate family members with have documented 26 drug-related or alcohol-related problems that adversely affect 27 the student's performance in school, and shall include 28 instruction designed to prevent substance abuse. 29 (c) Disciplinary programs.-- 30 5.1. The student has a history of disruptive behavior 31 in school or has committed an offense that warrants 46 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 out-of-school suspension or expulsion from school according to 2 the district code of student conduct. For the purposes of this 3 program, "disruptive behavior" is behavior that: 4 a. Interferes with the student's own learning or the 5 educational process of others and requires attention and 6 assistance beyond that which the traditional program can 7 provide or results in frequent conflicts of a disruptive 8 nature while the student is under the jurisdiction of the 9 school either in or out of the classroom; or 10 b. Severely threatens the general welfare of students 11 or others with whom the student comes into contact. 12 6. The student is assigned to a program provided 13 pursuant to chapter 39 which is sponsored by a state-based or 14 community-based agency or is operated or contracted for by the 15 Department of Children and Family Services. 16 2. The program includes but is not necessarily limited 17 to in-school suspension, alternatives to expulsion, counseling 18 centers, and crisis intervention centers. The program may be 19 planned and operated in collaboration with local law 20 enforcement or other community agencies. 21 3. In-school suspension programs shall provide 22 instruction and counseling leading to improved student 23 behavior and the development of more effective interpersonal 24 skills. Such programs shall be positive alternatives to 25 out-of-school suspension programs and shall emphasize, but not 26 be limited to, the following: enhancement of student 27 self-esteem; improved attendance; prevention of behavior that 28 might cause a student to enter a juvenile delinquency program; 29 reduction in the number of discipline referrals; reduction in 30 the number of student dropouts; and reduction in the number of 31 out-of-school suspensions. After providing assistance, school 47 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 boards shall disapprove school-based, in-school suspension 2 programs that continually fail to directly reduce the school's 3 expulsion or out-of-school suspension rate. The principal of 4 each school shall prepare an annual report which delineates 5 the number of students suspended in in-school and 6 out-of-school suspension, the proportionate populations 7 represented by such students, and the bases for such 8 suspensions. The report shall include an analysis of such data 9 and recommendations for increasing student success through the 10 program. The report shall be distributed to all members of the 11 school advisory council for consideration in the annual school 12 improvement plan. 13 4. A student who has been placed in detention or a 14 court-adjudicated commitment program shall be evaluated by 15 school district personnel upon completion of such program 16 prior to placement of the student in an educational program. 17 Such student shall not be automatically assigned to a 18 disciplinary program upon reentering the school system. 19 5. Prior to assigning a student to a disciplinary 20 program of more than 10 days' duration, the district shall 21 attempt a variety of education and student services to 22 identify the causes of the disruptive behavior, to modify the 23 behavior, or to provide more appropriate educational services 24 to the student; however, a student who has committed an 25 offense that warrants expulsion according to the district code 26 of student conduct may be assigned to a disciplinary program 27 without attempting a variety of services. 28 6. In-school suspension programs shall be funded at 29 the dropout prevention program weight pursuant to s. 30 236.081(1)(c) if the school district program provides the 31 following in addition to the academic component: 48 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 a. Individual and group counseling as a daily 2 activity. 3 b. A parent conference while a student is in the 4 in-school suspension program for all suspensions of 4 days or 5 longer or whenever a student incurs a second or subsequent 6 suspension in the same school year. 7 c. Reports regarding the specific misconduct for each 8 student placed in in-school suspension. 9 10 If such criteria are not met, in-school suspension programs 11 shall be funded at the basic program weight for the grade 12 level at which the program is provided pursuant to s. 236.081. 13 (d) Educational services in Department of Health and 14 Rehabilitative Services programs.-- 15 1. The student is assigned to a rehabilitation program 16 provided pursuant to chapter 39 which is sponsored by a state 17 or community-based agency or is operated or contracted for by 18 the Department of Health and Rehabilitative Services. 19 2. Programs shall provide intensive counseling, 20 behavior modification, and therapy in order to meet the 21 student's individual needs. Programs may be residential or 22 nonresidential. 23 3. Any student served in a Department of Health and 24 Rehabilitative Services program shall be provided the 25 equivalent of instruction provided for the definition of a 26 "school day" pursuant to s. 228.041. However, the educational 27 services may be provided at times of the day most appropriate 28 for the program. 29 4. A program is provided which shall consist of 30 appropriate basic academic, vocational, or exceptional 31 curricula and related services which support the 49 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 rehabilitation program goals and which may lead to completion 2 of the requirements for receipt of a high school diploma or 3 its equivalent, provided that the educational component of 4 youth services programs of less than 40 days' duration which 5 take place in a park or wilderness setting may be limited to 6 tutorial activities and vocational employability skills. 7 5. Participation in the program by students of 8 compulsory school attendance age as provided for in s. 232.01 9 shall be mandatory. 10 6. Districts are encouraged to implement programs that 11 assist students in the transition between dismissal from 12 Department of Health and Rehabilitative Services programs and 13 school reentry. 14 7. A school district may contract with a private 15 nonprofit entity or a state or local government agency for the 16 provision of educational programs to clients of the Department 17 of Health and Rehabilitative Services and may generate state 18 funding through the Florida Education Finance Program for such 19 students. 20 (d)1. "Second chance schools" means school district 21 programs provided through cooperative agreements between the 22 Department of Juvenile Justice, private providers, state or 23 local law enforcement agencies, or other state agencies for 24 students who have been disruptive or violent or who have 25 committed serious offenses. As partnership programs, second 26 chance schools are eligible for waivers by the Commissioner of 27 Education from chapters 230-235 and 239 and State Board of 28 Education rules that prevent the provision of appropriate 29 educational services to violent, severely disruptive, or 30 delinquent students in small nontraditional settings or in 31 court-adjudicated settings. 50 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (e) Second chance schools.-- 2 2.1. A student enrolled in a sixth, seventh, eighth, 3 ninth, or tenth grade class may be assigned to a second chance 4 school if the student meets the following criteria: 5 a. The student is a habitual truant as defined in s. 6 228.041(28). 7 b. The student's excessive absences have detrimentally 8 affected the student's academic progress and the student may 9 have unique needs that a traditional school setting may not 10 meet. 11 c. The student's high incidences of truancy have been 12 directly linked to a lack of motivation. 13 d. The student has been identified as at risk of 14 dropping out of school. 15 3.2. A student who is habitually truant may be 16 assigned to a second chance school only if the case staffing 17 committee, established pursuant to s. 39.426, determines that 18 such placement could be beneficial to the student and the 19 criteria included in subparagraph 2. 1. are met. 20 4.3. A student may shall be assigned to a second 21 chance school if the school district in which the student 22 resides has a second chance school and if the student meets 23 one of the following criteria: 24 a. The student habitually exhibits disruptive behavior 25 in violation of the code of student conduct adopted by the 26 school board. 27 b. The student interferes with the student's own 28 learning or the educational process of others and requires 29 attention and assistance beyond that which the traditional 30 program can provide, or, while the student is under the 31 51 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 jurisdiction of the school either in or out of the classroom, 2 frequent conflicts of a disruptive nature occur. 3 c. The student has committed a serious offense which 4 warrants suspension or expulsion from school according to the 5 district code of student conduct. For the purposes of this 6 program, "serious offense" is behavior which: 7 (I) Threatens the general welfare of students or 8 others with whom the student comes into contact; 9 (II) Includes violence; 10 (III) Includes possession of weapons or drugs; or 11 (IV) Is harassment or verbal abuse of school personnel 12 or other students. 13 5.4. Prior to assignment of students to second chance 14 schools, school boards are encouraged to use alternative 15 programs, such as in-school suspension, which provide 16 instruction and counseling leading to improved student 17 behavior, a reduction in the incidence of truancy, and the 18 development of more effective interpersonal skills. 19 6.5. Students assigned to second chance schools must 20 be evaluated by the school's local child study team before 21 placement in a second chance school. The study team shall 22 ensure that students are not eligible for placement in a 23 program for emotionally disturbed children. 24 7.6. Students who exhibit academic and social progress 25 and who wish to return to a traditional school shall be 26 evaluated by school district personnel prior to reentering a 27 traditional school. 28 8.7. Second chance schools shall be funded at the 29 dropout prevention program weight pursuant to s. 236.081 and 30 may receive school safety funds or other funds as appropriate. 31 (4)(5) PROGRAM PLANNING AND IMPLEMENTATION.-- 52 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (a) Each district may establish one or more 2 alternative programs for dropout prevention at the elementary, 3 middle, junior high school, or high school level. Programs 4 designed to eliminate habitual truancy shall emphasize 5 academic performance and may provide specific instruction in 6 the areas of vocational education, preemployment training, and 7 behavioral management. Such programs shall utilize 8 instructional teaching methods appropriate to the specific 9 needs of the student. 10 (b) Any school district desiring to receive state 11 funding for a dropout prevention program pursuant to the 12 provisions of s. 236.081(1)(c) shall develop a comprehensive 13 dropout prevention program plan which describes all of the 14 programs and services which the district will make available 15 to students pursuant to subsection (4). 16 (c) For each program to be provided by the district 17 pursuant to subsection (4), the following information shall be 18 provided in the program plan: 19 1. Student eligibility criteria. 20 2. Student admission procedures. 21 3. Operating procedures. 22 4. Program goals and outcome objectives. Measurable 23 outcome objectives shall provide a framework for the 24 evaluation of each dropout prevention program, which shall 25 specify, at a minimum, the outcome to be produced, the time 26 period during which the outcome will be produced, and to what 27 degree the outcome will be produced. 28 5. Qualifications of program personnel. 29 6. A schedule for staff development activities. 30 7. Evaluation procedures which describe how outcome 31 objectives will be achieved and measured. 53 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (d) Beginning with the 1994-1995 school year, district 2 plans or amended plans may be submitted to the Department of 3 Education dropout prevention regional offices for technical 4 assistance and review prior to approval by the local school 5 board. 6 (e) The Department of Education shall provide 7 technical assistance upon request of the school or school 8 district. 9 (b)(f) Each school that establishes or continues a 10 dropout prevention program at that school site shall reflect 11 that program in the school improvement plan as required under 12 s. 230.23(16)(18). 13 (c)(g) Districts may modify courses listed in the 14 State Course Code Directory for the purpose of providing 15 dropout prevention programs pursuant to the provisions of this 16 section. Such modifications must be approved by the 17 commissioner and may include lengthening or shortening of the 18 time allocated for in-class study, alternate methods of 19 assessment of student performance, the integration of 20 curriculum frameworks or student performance standards to 21 produce interdisciplinary units of instruction, and activities 22 conducted within the student support and assistance component 23 of education alternatives. 24 (5)(6) EVALUATION.--The Department of Education shall 25 establish a set of minimum objective criteria for each program 26 type under this section. In establishing the criteria, the 27 department shall solicit school district input. Each school 28 district receiving state funding for dropout prevention 29 programs through the Florida Education Finance Program as 30 provided for in subsection (5) shall submit information 31 through an annual report to the Department of Education's 54 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 database Education documenting the extent to which each of the 2 district's dropout prevention programs has been successful in 3 meeting the outcome objectives established by the district for 4 the program. At a minimum, school districts shall develop 5 outcome objectives for each objective criteria established by 6 the Department of Education. Such outcome objectives shall be 7 included in the annual report required under this subsection. 8 The department shall develop specific review measures, 9 pursuant to s. 229.555, to ensure that district program 10 outcome objectives are measurable and include the number and 11 proportion of students in dropout prevention programs who 12 later drop out of high school, thereby assuring that these 13 objectives will provide an accurate basis for evaluating the 14 effectiveness of dropout prevention programs. This information 15 shall be reported to parents pursuant to s. 230.23(18). The 16 department shall compile this information into an annual 17 report which shall be submitted to the presiding officers of 18 the Legislature by February 15. 19 (7) STAFF DEVELOPMENT.-- 20 (a) Each school district shall establish procedures 21 for ensuring that teachers assigned to dropout prevention 22 programs possess the affective, pedagogical, and 23 content-related skills necessary to meet the needs of at-risk 24 students. Each school board shall also ensure that adequate 25 staff development activities are available for dropout 26 prevention staff and that dropout prevention staff participate 27 in these activities. 28 (b) The district school boards and the department may 29 establish a summer inservice training program for teachers and 30 administrators which may be provided by district school boards 31 or individual schools and which shall include, but not be 55 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 limited to, instruction focusing on treating students with 2 respect and enhancing student self-esteem, developing positive 3 in-school intervention methods for misbehaving students, 4 establishing strategies to involve students in classroom and 5 school management and in reducing student misconduct, 6 conducting student and parent conferences, and creating 7 "student-friendly" environments at schools. Instructional 8 personnel may use successful participation in a summer 9 inservice training program established pursuant to this 10 paragraph for certification extension or for adding a new 11 certification area if the district has an approved add-on 12 certification program, pursuant to State Board of Education 13 rules. 14 (6)(8) RECORDS.--Each district providing a program for 15 dropout prevention pursuant to the provisions of this section 16 shall maintain for each participating student for whom funding 17 is generated through the Florida Education Finance Program 18 records documenting the student's eligibility, the length of 19 participation, the type of program to which the student was 20 assigned, and an evaluation of the student's academic and 21 behavioral performance while in the program. The parents or 22 guardians of a student assigned to such a dropout prevention 23 program shall be notified in writing and entitled to an 24 administrative review of any action by school personnel 25 relating to such placement pursuant to the provisions of 26 chapter 120. However, for educational alternatives of choice, 27 which are voluntary and for which a student's parent or 28 guardian has requested participation, such notification of 29 administrative review shall not be required. 30 (7)(9) COORDINATION WITH OTHER AGENCIES.--School 31 district dropout prevention programs shall be coordinated with 56 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 social service, law enforcement, prosecutorial, and juvenile 2 justice agencies in the school district. School districts 3 shall inventory community services and programs relevant to 4 implementation of their comprehensive dropout prevention 5 program plans. Notwithstanding the provisions of s. 228.093, 6 these agencies are authorized to exchange information 7 contained in student records and juvenile justice records. 8 Such information is confidential and exempt from the 9 provisions of s. 119.07(1). School districts and other 10 agencies receiving such information shall use the information 11 only for official purposes connected with the certification of 12 students for admission to and for the administration of the 13 dropout prevention program, and shall maintain the 14 confidentiality of such information unless otherwise provided 15 by law or rule. 16 (8)(10) RULES.--The Department of Education shall have 17 the authority to adopt any rules necessary to implement the 18 provisions of this section; such rules shall require the 19 minimum amount of paperwork and reporting necessary to comply 20 with this act. By January 1, 1995, current rules regarding 21 this section shall be revised. 22 Section 8. Subsection (15) of section 230.23161, 23 Florida Statutes, 1996 Supplement, is amended to read: 24 230.23161 Educational services in Department of 25 Juvenile Justice programs.-- 26 (15) Department of Juvenile Justice detention and 27 commitment programs may be designated as second chance schools 28 pursuant to s. 230.2316(3)(d)(e). Admission to such programs 29 shall be governed by part II of chapter 39. 30 Section 9. Section 230.2317, Florida Statutes, is 31 amended to read: 57 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 230.2317 Educational multiagency services for students 2 with severe emotional disturbance severely emotionally 3 disturbed students.-- 4 (1)(a) To enable severely emotionally disturbed 5 students with severe emotional disturbance to develop 6 appropriate behaviors and demonstrate academic and vocational 7 skills, the Legislature finds that it is necessary to have an 8 intensive, integrated educational program; a continuum of 9 mental health treatment services; and, when needed, 10 residential services. The Legislature finds further that the 11 small incidence of severe emotional disturbance in the total 12 school population requires multiagency programs to provide 13 access to appropriate services for all severely emotionally 14 disturbed students with severe emotional disturbance to 15 appropriate services, that local school boards should provide 16 educational programs, and that state departments and agencies 17 administering children's mental health funds the Department of 18 Health and Rehabilitative Services should provide mental 19 health treatment and residential services when needed. 20 Therefore, it is the intent of the Legislature that by 21 1985-1986 there be a multiagency network to provide education; 22 mental health treatment; and, when needed, residential 23 services for severely emotionally disturbed students with 24 severe emotional disturbance. 25 (b) The program goals for each component of the 26 network are to enable severely emotionally disturbed students 27 with severe emotional disturbance to learn appropriate 28 behaviors, reduce dependency, and fully participate in all 29 aspects of school and community living; to develop individual 30 programs for severely emotionally disturbed students with 31 severe emotional disturbance, which programs include necessary 58 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 educational, residential, and mental health treatment 2 services; to provide programs and services as close as 3 possible to the child's home in the least restrictive manner 4 consistent with the child's needs; and to integrate a wide 5 range of services which are necessary to support severely 6 emotionally disturbed students with severe emotional 7 disturbance and their families. 8 (2)(a) The Commissioner of Education, and the 9 Secretary of Children and Family Services, and the Secretary 10 of Juvenile Justice the Department of Health and 11 Rehabilitative Services shall appoint an equal number of 12 members to the Advisory Board for the Multiagency Service 13 Network for Severely Emotionally Disturbed Students with 14 Severe Emotional Disturbance. The duties and responsibilities 15 of the advisory board shall include oversight of the 16 multiagency service network to provide a continuum of 17 education, mental health treatment, and, when needed, 18 residential services for severely emotionally disturbed 19 students with severe emotional disturbance and to assess the 20 impact of regional projects. 21 (b) The terms of the present members shall be extended 22 as follows: positions 8, 10, 11, 16, and 20 shall be extended 23 through June 30, 1995; positions 3, 9, 15, 18, and 19 shall be 24 extended through June 30, 1996; positions 2, 5, 7, 13, and 17 25 shall be extended through June 30, 1997; and positions 1, 4, 26 6, 12, and 14 shall be extended through June 30, 1998. 27 Following expiration of the extended terms, the Commissioner 28 of Education and the secretary of the Department of Health and 29 Rehabilitative Services shall appoint members to 4-year terms 30 which shall run from July 1 through June 30. Appointments 31 shall be made by June 1 preceding commencement of the term. A 59 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 vacancy shall be filled for the remainder of the unexpired 2 term in the same manner as an initial appointment. Such 3 appointments shall be made within 60 days after creation of 4 the vacancy. 5 (c) By December 31 of each year beginning in 1992, the 6 advisory board shall prepare and submit to the Commissioner of 7 Education, the secretary of the Department of Health and 8 Rehabilitative Services, and the appropriate standing 9 committees in the Senate and the House of Representatives a 10 report detailing its findings and making specific program, 11 legislative, and funding recommendations, and any other 12 recommendations it deems appropriate. 13 (3) The Department of Education is authorized to award 14 grants to district school boards to develop in a rural 15 district and in an urban district a pilot multiagency network 16 component for severely emotionally disturbed students. The 17 pilot grants shall allow for further statewide planning and 18 development of a complete multiagency network for severely 19 emotionally disturbed students with severe emotional 20 disturbance in the state. The educational services shall be 21 provided in a manner consistent with the requirements of ss. 22 230.23(4)(m) and 402.22. 23 (4) State departments and agencies are The Department 24 of Health and Rehabilitative Services is authorized to use 25 appropriate community mental health service funds for the 26 pilot multiagency network components for severely emotionally 27 disturbed students with severe emotional disturbance. The 28 mental health treatment services and residential services 29 shall be provided in a manner that is consistent with chapter 30 394 and s. 402.22. 31 60 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (5) The network components for severely emotionally 2 disturbed students shall be funded from the Florida Education 3 Finance Program, Department of Health and Rehabilitative 4 Services funds for the emotionally disturbed, and the pilot 5 grant program from the Department of Education. 6 (6) A written agreement between the district school 7 board or boards and the Department of Health and 8 Rehabilitative Services outlining the respective duties and 9 responsibilities of each party shall be developed for 10 implementation of a component of the multiagency network for 11 severely emotionally disturbed students. 12 (7) The State Board of Education and the Department of 13 Health and Rehabilitative Services are authorized to adopt 14 rules to carry out the intent of this section. 15 Section 10. Section 230.2318, Florida Statutes, 1996 16 Supplement, is amended to read: 17 230.2318 School resource officer program.-- 18 (1) SCHOOL RESOURCE OFFICER PROGRAM.--School boards 19 may establish school resource officer programs, through a 20 cooperative agreement with law enforcement agencies. There is 21 hereby created a statewide school resource officer program. 22 It is the intent of the Legislature in establishing this 23 program that the state provide assistance to local school 24 boards in the form of matching grants for the establishment, 25 continuation, or expansion of cooperative programs with law 26 enforcement and community agencies for the following purposes: 27 (a) To perform law enforcement functions within the 28 school setting. 29 (b) To identify and prevent, through counseling and 30 referral, delinquent behavior, including substance abuse. 31 61 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (c) To foster a better understanding of the law 2 enforcement function. 3 (d) To develop positive concepts of law enforcement. 4 (e) To develop a better appreciation of citizen 5 rights, obligations, and responsibilities. 6 (f) To provide information about crime prevention, and 7 to promote student crime watch programs in the schools. 8 (g) To provide assistance and support for crime 9 victims identified within the school setting, including abused 10 children. 11 (h) To promote positive relations between students and 12 law enforcement officers. 13 (i) To enhance knowledge of the fundamental concepts 14 and structure of law. 15 (2) LOCAL SCHOOL RESOURCE OFFICER PROGRAM PLANS; 16 APPROVAL BY COMMISSIONER; CRITERIA AND RESTRICTIONS.-- 17 (a) Each school district desiring to establish a local 18 school resource officer program, in conjunction with one or 19 more law enforcement and community agencies, shall submit a 20 proposed school resource officer program plan to the 21 Commissioner of Education for review. Two or more districts 22 may submit a joint plan to maximize benefits as desirable. 23 Each plan shall contain a detailed description of the proposed 24 local school resource officer program, including, but not 25 limited to, the following: 26 1. An agreement between the school board and each 27 participating law enforcement and community agency specifying 28 the financial and other responsibilities of each party. 29 2. Program objectives and guidelines. 30 3. A provision for and description of a preservice 31 training program for school resource officers. Each preservice 62 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 training program shall be either modeled after a program 2 jointly designed by the department, district school personnel, 3 and law enforcement agencies, or an alternate approved by the 4 department. 5 4. The criteria used by the employing law enforcement 6 agency and the district in the selection of school resource 7 officers. 8 5. Any other information required by the commissioner. 9 6. An agreement between the school board and the law 10 enforcement agency regarding the school resource officer's 11 uniform. 12 (b) The commissioner shall review all proposed local 13 school resource officer program plans and shall approve those 14 plans which meet the purposes, intent, and requirements of 15 this section and the rules adopted by the State Board of 16 Education pursuant to this section. 17 (c) If a plan is approved, the commissioner shall 18 provide one-third of the funds for its operation from those 19 funds appropriated by the Legislature for the operation of 20 this program. 21 (d) The State Board of Education shall have the 22 authority to promulgate rules to implement the statewide 23 school resource officer program as established in this 24 section. 25 (e) The Department of Education shall provide 26 technical assistance to school boards desiring to establish 27 local school resource officer programs. 28 (2)(3) SCHOOL RESOURCE OFFICER CERTIFICATION; DUTIES 29 AND RESPONSIBILITIES.-- 30 (a) School resource officers shall be certified law 31 enforcement officers, as defined in s. 943.10(1), who are 63 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 employed by a law enforcement agency as defined in s. 2 943.10(4). The powers and duties of a law enforcement officer 3 shall continue throughout the employee's tenure as a school 4 resource officer. 5 (b) School resource officers shall abide by school 6 board policies and shall consult with and coordinate 7 activities through the school principal, but shall be 8 responsible to the law enforcement agency in all matters 9 relating to employment, subject to agreements between a school 10 board and a law enforcement agency pursuant to subparagraph 11 (2)(a)1. Activities conducted by the school resource officer 12 which are part of the regular instructional program of the 13 school shall be under the direction of the principal. 14 (3)(4) APPLICATION FOR FEDERAL FUNDS.--The Department 15 of Education is authorized to apply for funds from, and to 16 submit all necessary forms to, any federal agency which may 17 provide assistance to programs similar to the school resource 18 officer program. 19 Section 11. Paragraph (b) of subsection (5) of section 20 230.303, Florida Statutes, is amended to read: 21 230.303 Superintendent of schools.-- 22 (5) 23 (b) In order to qualify for the special qualification 24 salary provided by paragraph (a), the superintendent must 25 complete the requirements established by the Department of 26 Education within 6 years after first taking office, except 27 that those superintendents holding office on July 1, 1980, 28 shall have until July 1, 1986, to complete such requirements. 29 Section 12. Section 230.33, Florida Statutes, 1996 30 Supplement, is amended to read: 31 64 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 230.33 Duties and responsibilities of 2 superintendent.--The superintendent shall exercise all powers 3 and perform all duties listed below and elsewhere in the law; 4 provided, that in so doing he or she shall advise and counsel 5 with the school board. The superintendent shall perform all 6 tasks necessary to make sound recommendations, nominations, 7 proposals, and reports required by law to be acted upon by and 8 rule to be made to the school board. All such 9 recommendations, nominations, proposals, and reports by the 10 superintendent shall be either recorded in the minutes or 11 shall be made in writing, noted in the minutes, and filed in 12 the public records of the board. It shall be presumed that, 13 in the absence of the record required in this paragraph, the 14 recommendations, nominations, and proposals required of the 15 superintendent were not contrary to the action taken by the 16 school board in such matters. 17 (1) ASSIST IN ORGANIZATION OF BOARD.--Preside at the 18 organization meeting of the school board and transmit to the 19 Department of Education, within 2 weeks following such 20 meeting, a certified copy of the proceedings of organization, 21 including the schedule of regular meetings, and the names and 22 addresses of district school officials. 23 (2) REGULAR AND SPECIAL MEETINGS OF THE BOARD.--Attend 24 all regular meetings of the school board, call special 25 meetings when emergencies arise, and advise, but not vote, on 26 questions under consideration. 27 (3) RECORDS FOR THE BOARD.--Keep minutes of all 28 official actions and proceedings of the school board and keep 29 such other records, including records of property held or 30 disposed of by the school board, as may be necessary to 31 65 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 provide complete information regarding the district school 2 system. 3 (4) SCHOOL PROPERTY.--Act for the school board as 4 custodian of school property. 5 (a) Recommend purchase and plans for 6 control.--Recommend to the school board plans for contracting, 7 receiving, purchasing, acquiring by the institution of 8 condemnation proceedings if necessary, leasing, selling, 9 holding, transmitting, and conveying title to real and 10 personal property. 11 (b) Property held in trust.--Recommend to the school 12 board plans for holding in trust and administering property, 13 real and personal, money, or other things of value, granted, 14 conveyed, devised, or bequeathed for the benefit of the 15 schools of the district or of any one of them. 16 (5) SCHOOL PROGRAM; PREPARE 5-YEAR AND ANNUAL PLANS 17 FOR.--Supervise the assembling of data and sponsor studies and 18 surveys essential to the development of a planned school 19 program for the entire district and prepare and recommend such 20 a program to the school board as the basis for operating the 21 district school system. 22 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF 23 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment, 24 organization, and operation of such schools, classes, and 25 services as are needed to provide adequate educational 26 opportunities for all children in the district., including: 27 (a) Schools and attendance areas.--Recommend the 28 location of schools needed to accommodate the pupils of the 29 district and the area from which children should attend each 30 school. 31 66 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (b) Recommend adequate facilities for all 2 children.--Recommend plans and procedures necessary to provide 3 adequate educational facilities for all children of the 4 district. 5 (c) Elimination of school centers and consolidation of 6 schools.--Determine when the needs of pupils can better be 7 served by eliminating school centers and by consolidating 8 schools; recommend to the school board plans for the 9 elimination of such school centers as should be eliminated and 10 for the consolidation of such schools as should be 11 consolidated. 12 (d) Cooperation with other districts in maintaining 13 schools.--Recommend plans and procedures for cooperating with 14 school boards of adjoining districts, in this state or in 15 bordering states, in establishing school attendance areas 16 composed of territory lying within the districts and for the 17 joint maintenance of district line or other schools which 18 should serve such attendance areas, and carry out such plans 19 and administer such schools for which his or her district is 20 to be responsible under any agreement which is effected. 21 (e) Classification and standardization of 22 schools.--Recommend plans and regulations for determining 23 those school centers at which work should be restricted to the 24 elementary grades, school centers at which work should be 25 offered only in the high school grades, and school centers at 26 which work should be offered in any or in all grades; 27 recommend the grade or grades in which work should be offered 28 at each school center; recommend bases for classifying and 29 standardizing the various schools of the district in order to 30 provide proper incentive for the improvement of all schools. 31 67 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (f) Opening and closing dates of schools.--Recommend 2 and arrange for a uniform date each year for the opening of 3 all schools in the district, unless other dates shall be found 4 necessary and desirable; recommend and arrange the closing 5 dates for all schools in the district, these dates to be so 6 determined as to assure, as far as practicable, uniform terms 7 for all schools in the district. Recommend regulations for 8 the closing of any or all schools during an emergency and when 9 emergencies arise to close any or all schools in the district 10 and immediately notify the school board of the action taken 11 and the reason therefor. 12 (g) School holidays and vacation periods.--Recommend 13 school holidays to be observed and the manner of such 14 observance by the schools and see that such holidays as are 15 approved by the school board are properly observed; also 16 recommend school vacation periods. 17 (h) Vocational classes and schools.--Recommend plans 18 for the establishment and maintenance of vocational schools, 19 departments, or classes, giving instruction in career 20 education as defined in regulations of the state board, and 21 administer and supervise instruction in such schools, 22 departments, or classes as are established by the school 23 board. 24 (i) Cooperation with other districts in special 25 projects or activities.--Recommend plans and procedures for 26 cooperating with other district school boards or with other 27 agencies, in this state or in bordering states, in special 28 projects or activities which can be more economically or 29 advantageously provided by such cooperation. 30 (j) School lunches.--Recommend plans for the 31 establishment, maintenance, and operation of a school lunch 68 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 program consistent with state laws and regulations of the 2 state board, and to administer and supervise such services. 3 (k) Exceptional education.--Recommend plans for the 4 provision of special education classes, instruction, 5 facilities, equipment, and related services for exceptional 6 children. 7 (7) PERSONNEL.--Be responsible, as required herein, 8 for directing the work of the personnel, subject to the 9 requirements of chapter 231, and in addition the 10 superintendent shall have the following duties: 11 (a) Positions, qualifications, and 12 nominations.--Recommend to the school board duties and 13 responsibilities which need to be performed and positions 14 which need to be filled to make possible the development of an 15 adequate school program in the district; recommend minimum 16 qualifications of personnel for these various positions; and 17 nominate in writing persons to fill such positions. All 18 nominations for reappointment of supervisors and principals 19 shall be submitted to the school board not later than 1 week 20 after the end of the regular legislative session. All 21 nominations for reappointment of members of the instructional 22 staff shall be made after conferring with the principals and 23 shall be submitted in writing to the school board not later 24 than 1 week after the end of the regular legislative session. 25 (b) Compensation and salary schedules.--Prepare and 26 recommend to the school board for adoption a salary schedule 27 or salary schedules to be used as the basis for paying school 28 employees, arranging such schedules, insofar as practicable, 29 so as to furnish incentive for improvement in training and for 30 continued and efficient service. 31 69 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (c) Contracts and terms of service.--Recommend to the 2 school board terms for contracting with employees and prepare 3 such contracts as are approved. Contracts with the members of 4 the instructional staff are to be prepared, recommended, and 5 executed as hereinbefore prescribed. Authority is given to 6 make appointments to approved positions and to approve 7 compensation therefor at the rate provided in the currently 8 established salary schedule, pending action by the local board 9 at its next regular or special meeting. 10 (d) Transfer and promotions.--Recommend employees for 11 transfer and transfer any employee during any emergency and 12 report the transfer to the school board at its next regular 13 meeting. 14 (e) Suspension and dismissal.--Suspend members of the 15 instructional staff and other school employees during 16 emergencies for a period extending to and including the day of 17 the next regular or special meeting of the school board and 18 notify the school board immediately of such suspension. When 19 authorized to do so, serve notice on the suspended member of 20 the instructional staff of charges made against him or her and 21 of the date of hearing. Recommend employees for dismissal 22 under the terms prescribed herein. 23 (f) Direct work of employees and supervise 24 instruction.--Direct or arrange for the proper direction and 25 improvement, under regulations of the school board, of the 26 work of all members of the instructional staff and other 27 employees of the district school system and supervise or 28 arrange under rules of the school board for the supervision of 29 instruction in the district and take such steps as are 30 necessary to bring about continuous improvement. 31 70 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (8) CHILD WELFARE.--Recommend plans to the school 2 board for the proper accounting for all children of school 3 age, for the attendance and control of pupils at school, for 4 the proper attention to health, safety, and other matters 5 which will best promote the welfare of children in the 6 following fields, as prescribed in chapter 232.: 7 (a) Admission, classification, promotion, and 8 graduation of pupils.--Recommend rules and regulations for 9 admitting, classifying, promoting, and graduating pupils to or 10 from the various schools of the district. 11 (b) Enforcement of attendance laws.--Recommend plans 12 and procedures for the enforcement of all laws and regulations 13 relating to the attendance of pupils at school and for the 14 employment of such qualified assistants as may be needed by 15 the superintendent to enforce effectively those laws. 16 (c) Control of pupils.--Propose rules and regulations 17 for the control, discipline, in-school suspension, suspension, 18 and expulsion of pupils and review and modify recommendations 19 for suspension and expulsion of pupils and transmit to the 20 school board for action recommendations for expulsion of 21 pupils. When the superintendent makes a recommendation for 22 expulsion to the school board, he or she shall give written 23 notice to the pupil and the pupil's parent or guardian of the 24 recommendation, setting forth the charges against the pupil 25 and advising the pupil and his or her parent or guardian of 26 the pupil's right to due process as prescribed by ss. 120.569 27 and 120.57(2). When school board action on a recommendation 28 for the expulsion of a pupil is pending, the superintendent 29 may extend the suspension assigned by the principal beyond 10 30 school days if such suspension period expires before the next 31 regular or special meeting of the school board. 71 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (9) COURSES OF STUDY AND OTHER INSTRUCTIONAL 2 AIDS.--Recommend such plans for improving, providing, 3 distributing, accounting for, and caring for textbooks and 4 other instructional aids as will result in general improvement 5 of the district school system, as prescribed in chapter 233. 6 and including the following: 7 (a) Courses of study.--Prepare and recommend for 8 adoption, after consultation with teachers and principals and 9 after considering any suggestions which may have been 10 submitted by patrons of the schools, courses of study for use 11 in the schools of the district needed to supplement those 12 prescribed by the state board. 13 (b) Textbooks.--Require that all textbooks and library 14 books furnished by the state and needed in the district are 15 properly requisitioned, distributed, accounted for, stored, 16 cared for, and used; and recommend such additional textbooks 17 or library books as may be needed. 18 (c) Other instructional aids.--Recommend plans for 19 providing and facilitate the provision and proper use of such 20 other teaching accessories and aids as are needed. 21 (d) School library media services; establishment and 22 maintenance.--Recommend plans for establishing and maintaining 23 school library media centers, or school library media centers 24 open to the public, and, in addition thereto, such circulating 25 or traveling libraries as are needed for the proper operation 26 of the district school system. Recommend plans for the 27 establishment and maintenance of a program of school library 28 media services for all public school students. The school 29 library media services program shall be designed to ensure 30 effective use of available resources and to avoid unnecessary 31 duplication and shall include, but not be limited to, basic 72 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 skills development, instructional design, media collection 2 development, media program management, media production, staff 3 development, and consultation and information services. 4 (10) TRANSPORTATION OF PUPILS.--Ascertain which pupils 5 should be transported to school or to school activities, 6 determine the most effective arrangement of transportation 7 routes to accommodate these pupils; recommend such routing to 8 the school board; recommend plans and procedures for providing 9 facilities for the economical and safe transportation of 10 pupils; recommend such rules and regulations as may be 11 necessary and see that all rules and regulations relating to 12 the transportation of pupils approved by the school board, as 13 well as regulations of the state board, are properly carried 14 into effect, as prescribed in chapter 234. 15 (11) SCHOOL PLANT.--Recommend plans, and execute such 16 plans as are approved, regarding all phases of the school 17 plant program, as prescribed in chapter 235., including the 18 following: 19 (a) School building program.--Recommend plans and 20 procedures for having a survey made under the direction of the 21 department, or by some agency approved by the department, as a 22 basis for developing a districtwide school building program as 23 a phase of the 5-year program for the district and recommend 24 such program when sufficient evidence is available, specifying 25 the centers at which school work should be offered on the 26 various levels; the type, size, and location of schools to be 27 established; and the steps to be taken to carry out the 28 program. 29 (b) Sites, buildings, and equipment.--Recommend the 30 purchasing of school sites, playgrounds, and recreational 31 areas located at centers at which schools are to be 73 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 constructed and of adequate size to meet the need of pupils to 2 be accommodated; or of additions to existing sites when 3 needed; recommend the rental of buildings when necessary; 4 recommend the erection of buildings; recommend additions, 5 alterations, and repairs to buildings and other school 6 properties; ensure that all plans and specifications for 7 buildings provide adequately for the safety of pupils as well 8 as for economy of construction by submitting such plans and 9 specifications to the Department of Education for approval; 10 recommend the purchasing of furniture, books, apparatus, and 11 other equipment necessary for the proper conduct of the work 12 of the schools. 13 (c) Maintenance and upkeep of the school 14 plant.--Propose plans for assuring proper maintenance and 15 upkeep of the school plant and for the provision of the 16 utilities and supplies for the operation of the schools; and 17 when the plans are approved by the school board, take such 18 steps as are necessary to see that buildings are kept in 19 proper sanitary and physical condition and that heat, lights, 20 water, and power and other supplies and utilities are 21 adequate. 22 (d) Insurance of school property.--Propose plans and 23 procedures for insuring economically every plant and its 24 contents, boilers and machinery as well as school buses and 25 other property, under the control of the school board and see 26 that the proper records are kept of such insurance. 27 (e) Condemnation of buildings.--Inspect periodically 28 all school buildings and surroundings to determine whether 29 there are any unsanitary conditions or whether there are 30 physical hazards which are likely to jeopardize the health or 31 life of the pupils or instructional staff; request competent 74 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 assistance from the state or other authorized agency, if 2 necessary, to determine whether buildings found to be 3 defective should be condemned and to recommend to the school 4 board condemnation of buildings which should be abandoned. 5 (12) FINANCE.--Recommend measures to the school board 6 to assure adequate educational facilities throughout the 7 district, in accordance with the financial procedure 8 authorized in chapters 236 and 237 and as prescribed below: 9 (a) Plan for operating all schools for minimum 10 term.--Determine and recommend district funds necessary in 11 addition to state funds to provide for at least a 180-day 12 school term or the equivalent on an hourly basis as specified 13 by rules which shall be adopted by the State Board of 14 Education and recommend plans for ensuring the operation of 15 all schools for the term authorized by the school board. 16 (b) Annual budget.--Prepare the annual school budget 17 to be submitted to the school board for adoption according to 18 law and submit this budget, when adopted by the school board, 19 to the Department of Education on or before the date required 20 by rules of the state board. 21 (c) Tax levies.--Recommend to the school board, on the 22 basis of the needs shown by the budget, the amount of district 23 school tax levy necessary to provide the district school funds 24 needed for the maintenance of the public schools; recommend to 25 the school board the tax levy required on the basis of the 26 needs shown in the budget for the district bond interest and 27 sinking fund of each district; and recommend to the school 28 board to be included on the ballot at each district millage 29 election the school district tax levies necessary to carry on 30 the school program. 31 75 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (d) School funds.--Keep an accurate account of all 2 funds which should be transmitted to the school board for 3 school purposes at various periods during the year and see, 4 insofar as possible, that these funds are transmitted 5 promptly; report promptly to the school board any 6 delinquencies or delays that occur in making available any 7 funds that should be made available for school purposes. 8 (e) Borrowing money.--Recommend when necessary the 9 borrowing of money as prescribed by law. 10 (f) Financial records and accounting.--Keep or have 11 kept accurate records of all financial transactions. 12 (g) Payrolls and accounts.--Maintain accurate and 13 current statements of accounts due to be paid by the school 14 board; certify these statements as correct; liquidate board 15 obligations in accordance with the official budget and rules 16 of the school board; and prepare periodic reports as required 17 by rules of the state board, showing receipts, balances, and 18 disbursements to date, and file copies of such periodic 19 reports with the Department of Education. 20 (h) Bonds for employees.--Recommend the bonds of all 21 school employees who should be bonded in order to provide 22 reasonable safeguards for all school funds or property. 23 (i) Contracts.--After study of the feasibility of 24 contractual services with industry, recommend to the school 25 board the desirable terms, conditions, and specifications for 26 contracts for supplies, materials, or services to be rendered 27 and see that materials, supplies, or services are provided 28 according to contract. 29 (j) Investment policies.--The superintendent shall, 30 after careful examination, recommend policies to the school 31 board which will provide for the investment or deposit of 76 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 school funds not needed for immediate expenditures which shall 2 earn the maximum possible yield under the circumstances on 3 such investments or deposits. The superintendent shall cause 4 to be invested at all times all school moneys not immediately 5 needed for expenditures pursuant to the policies of the school 6 board. 7 (k) Protection against loss.--Recommend programs and 8 procedures to the school board necessary to protect the school 9 system adequately against loss or damage to school property or 10 against loss resulting from any liability for which the board 11 or its officers, agents, or employees may be responsible under 12 law. 13 (l) Millage elections.--Recommend plans and procedures 14 for holding and supervising all school district millage 15 elections. 16 (m) Budgets and expenditures.--Prepare, after 17 consulting with the principals of the various schools, 18 tentative annual budgets for the expenditure of district funds 19 for the benefit of public school pupils of the district. 20 (n) Bonds.--Recommend the amounts of bonds to be 21 issued in the district and assist in the preparation of the 22 necessary papers for an election to determine whether the 23 proposed bond issue will be approved by the electors; if such 24 bond issue be approved by the electors, recommend plans for 25 the sale of bonds and for the proper expenditure of the funds 26 derived therefrom. 27 (13) RECORDS AND REPORTS.--Recommend such records as 28 should be kept in addition to those prescribed by rules of the 29 state board or by the department; prepare forms for keeping 30 such records as are approved by the school board; see that 31 77 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 such records are properly kept; and make all reports that are 2 needed or required, as follows: 3 (a) Forms, blanks, and reports.--Require that all 4 employees keep accurately all records and make promptly in 5 proper form all reports required by the school code or by 6 rules of the state board; recommend the keeping of such 7 additional records and the making of such additional reports 8 as may be deemed necessary to provide data essential for the 9 operation of the school system; and prepare such forms and 10 blanks as may be required and see that these records and 11 reports are properly prepared. 12 (b) Reports to the department.--Prepare, for the 13 approval of the school board, all reports that may be required 14 by law or rules of the state board to be made to the 15 department and transmit promptly all such reports, when 16 approved, to the department, as required by law. If any such 17 reports are not transmitted at the time and in the manner 18 prescribed by law or by state board rules, the salary of the 19 superintendent shall be withheld until such report has been 20 properly submitted. Unless otherwise provided by regulations 21 of the state board, the annual report on attendance and 22 personnel shall be due on or before July 1, and the annual 23 school budget and the report on finance shall be due on the 24 date prescribed by the state board. 25 (c) Failure to make reports; penalty.--Any 26 superintendent who knowingly signs and transmits to any state 27 official a false or incorrect report shall forfeit his or her 28 right to any salary for the period of 1 year from that date. 29 (14) COOPERATION WITH OTHER AGENCIES.-- 30 (a) Cooperation with governmental agencies in 31 enforcement of laws and rules.--Recommend plans for 78 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 cooperating with, and, on the basis of approved plans, 2 cooperate with federal, state, county, and municipal agencies 3 in the enforcement of laws and rules pertaining to all matters 4 relating to education and child welfare. 5 (b) Cooperation with other local administrators to 6 achieve the first state education goal.--Cooperate with the 7 district administrator of the Department of Health and 8 Rehabilitative Services and with administrators of other local 9 public and private agencies to achieve the first state 10 education goal, readiness to start school. 11 (c) Identifying and reporting names of migratory 12 children, other information.--Recommend plans for identifying 13 and reporting to the Department of Education the name of each 14 child in the school district who qualifies according to the 15 definition of a migratory child, based on Pub. L. No. 95-561, 16 and for reporting such other information as may be prescribed 17 by the department. 18 (15) ENFORCEMENT OF LAWS AND RULES.--Require that all 19 laws and rules of the state board, as well as supplementary 20 rules of the school board, are properly observed and report to 21 the school board any violation which the superintendent does 22 not succeed in having corrected. 23 (16) COOPERATE WITH SCHOOL BOARD.--Cooperate with the 24 school board in every manner practicable to the end that the 25 district school system may continuously be improved. 26 (17) VISITATION OF SCHOOLS.--Visit the schools; 27 observe the management and instruction; give suggestions for 28 improvement; and advise with supervisors, principals, 29 teachers, patrons, and other citizens with the view of 30 promoting interest in education and improving the school 31 conditions of the district. 79 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (18) CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call 2 and conduct institutes and conferences with employees of the 3 school board, school patrons, and other interested citizens; 4 organize and direct study and extension courses for employees, 5 advising them as to their professional studies; assist patrons 6 and people generally in acquiring knowledge of the aims, 7 services, and needs of the schools. 8 (19) PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend 9 such conferences for superintendents as may be called or 10 scheduled by the Department of Education and avail himself or 11 herself of means of professional and general improvement so 12 that he or she may function most efficiently. 13 (20) RECOMMEND REVOKING CERTIFICATES.--Recommend in 14 writing to the Department of Education the revoking of any 15 certificate for good cause, including a full statement of the 16 reason for the superintendent's recommendation. 17 (21) MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with 18 the school board and make available to his or her successor 19 upon retiring from office a complete inventory of school 20 equipment and other property, together with all official 21 records and such other records as may be needed in supervising 22 instruction and in administering the district school system. 23 (22) RECOMMEND PROCEDURES FOR INFORMING GENERAL 24 PUBLIC.--Recommend to the school board procedures whereby the 25 general public can be adequately informed of the educational 26 programs, needs, and objectives of public education within the 27 district. 28 (23) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend 29 procedures for implementing and maintaining a system of school 30 improvement and education accountability as provided by 31 statute and State Board of Education rule. 80 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (24) OTHER DUTIES AND RESPONSIBILITIES.--Perform such 2 other duties as may be assigned to the superintendent by law 3 or by rules of the state board. 4 Section 13. Subsection (2) of section 230.331, Florida 5 Statutes, is amended to read: 6 230.331 Reproduction and destruction of district 7 school records.-- 8 (2) After complying with the provisions of s. 257.37, 9 the superintendent is authorized to photograph, 10 microphotograph, or reproduce on film or prints, documents, 11 records, data, and information of a permanent character which 12 in his or her discretion he or she may select, and the 13 superintendent is authorized to destroy any of the said 14 documents after they have been reproduced photographed and 15 after audit of the superintendent's office has been completed 16 for the period embracing the dates of said instruments. 17 Information Photographs or microphotographs in the form of 18 film or prints made in compliance with the provisions of this 19 section shall have the same force and effect as the originals 20 thereof would have, and shall be treated as originals for the 21 purpose of their admissibility in evidence. Duly certified or 22 authenticated reproductions of such photographs or 23 microphotographs shall be admitted in evidence equally with 24 the originals original photographs or microphotographs. 25 Section 14. Section 230.35, Florida Statutes, is 26 amended to read: 27 230.35 Schools under control of school board and 28 superintendent.--Except as otherwise provided by law, all 29 public schools conducted within the district shall be under 30 the direction and control of the school board with the 31 superintendent as executive officer. 81 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Section 15. Sections 230.59 and 230.655, Florida 2 Statutes, and section 230.71, Florida Statutes, as amended by 3 chapters 95-147 and 95-376, Laws of Florida, are hereby 4 repealed. 5 Section 16. Paragraph (a) of subsection (1) of section 6 232.01, Florida Statutes, is amended to read: 7 232.01 Regular School attendance required between ages 8 of 6 and 16; permitted at age of 5; exceptions.-- 9 (1)(a)1. All children who have attained the age of 6 10 years or who will have attained the age of 6 years by February 11 1 of any school year or who are older than 6 years of age but 12 who have not attained the age of 16 years, except as 13 hereinafter provided, are required to attend school regularly 14 during the entire school term. 15 2. Children who will have attained the age of 5 years 16 on or before September 1 of the school year are eligible for 17 admission to public kindergartens during that school year 18 under rules prescribed by the school board. 19 3. Children who will have attained the age of 3 years 20 on or before September 1 of the school year are eligible for 21 admission to prekindergarten early intervention programs 22 during that school year as provided in s. 230.2305 or a 23 preschool program as provided in s. 228.061. 24 Section 17. Section 232.021, Florida Statutes, is 25 amended to read: 26 232.021 Attendance records and reports required.--All 27 officials, teachers, and other employees in public, parochial, 28 denominational, and private schools, including private tutors, 29 shall keep all records and shall prepare and submit promptly 30 all reports that may be required by law and by regulations of 31 state and district boards. Such records shall include a 82 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 register of enrollment and attendance and all such persons 2 named above shall make such reports therefrom as may be 3 required by the state board. The enrollment register shall 4 show the absence or attendance of each child enrolled for each 5 school day of the year in a manner prescribed by the state 6 board. The register shall be open for the inspection by the 7 designated school representative or the superintendent or 8 attendance assistant of the district in which the school is 9 located. Violation of the provisions of this section shall be 10 a misdemeanor of the second degree, punishable as provided by 11 law. 12 Section 18. Section 232.0225, Florida Statutes, is 13 amended to read: 14 (Substantial rewording of section. See 15 s. 232.0225, F.S., for present text.) 16 232.0225 Absence for religious instruction or 17 holidays.--Each school board shall adopt a policy which 18 authorizes a parent or guardian to request and be granted 19 permission for absence of a student from school for religious 20 instruction or religious holidays. 21 Section 19. Section 232.023, Florida Statutes, as 22 amended by chapter 95-147, Laws of Florida, is hereby 23 repealed. 24 Section 20. Section 232.03, Florida Statutes, is 25 amended to read: 26 232.03 Evidence of date of birth required.--Before 27 admitting a child to prekindergarten or kindergarten, the 28 principal shall require evidence that the child has attained 29 the age at which he or she should be admitted in accordance 30 with the provisions of s. 232.01, s. 232.04, or s. 232.045. 31 The superintendent may require evidence of the age of any 83 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 child whom he or she believes to be within the limits of 2 compulsory attendance as provided for by law. If the first 3 prescribed evidence is not available, the next evidence 4 obtainable in the order set forth below shall be accepted: 5 (1) A duly attested transcript of the child's birth 6 record filed according to law with a public officer charged 7 with the duty of recording births; 8 (2) A duly attested transcript of a certificate of 9 baptism showing the date of birth and place of baptism of the 10 child, accompanied by an affidavit sworn to by the parent; 11 (3) An insurance policy on the child's life which has 12 been in force for at least 2 years; 13 (4) A bona fide contemporary Bible record of the 14 child's birth accompanied by an affidavit sworn to by the 15 parent; 16 (5) A passport or certificate of arrival in the United 17 States showing the age of the child; 18 (6) A transcript of record of age shown in the child's 19 school record of at least 4 years prior to application, 20 stating date of birth; or 21 (7) If none of these evidences can be produced, an 22 affidavit of age sworn to by the parent, accompanied by a 23 certificate of age signed by a public health officer or by a 24 public school physician, or, if neither of these shall be 25 available in the county, by a licensed practicing physician 26 designated by the school board, which certificate shall state 27 that the health officer or physician has examined the child 28 and believes that the age as stated in the affidavit is 29 substantially correct. 30 Section 21. Subsection (2) of section 232.032, Florida 31 Statutes, as created by chapter 94-320, Laws of Florida, 84 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 section 232.034, Florida Statutes, as amended by chapter 2 95-147, Laws of Florida, and sections 232.04 and 232.045, 3 Florida Statutes, are hereby repealed. 4 Section 22. Section 232.06, Florida Statutes, is 5 amended to read: 6 232.06 Certificates of exemptions authorized in 7 certain cases.--Children within the compulsory attendance age 8 limits who hold valid certificates of exemption which have 9 been issued by the superintendent shall be exempt from 10 attending school. A certificate of exemption shall cease to 11 be valid at the end of the school year in which it is issued. 12 Children entitled to such certificates and the conditions upon 13 which they may be issued are as follows: 14 (1) PHYSICAL AND MENTAL DISABILITY.--Any child whose 15 physical, mental, or emotional condition is such as to prevent 16 his or her successful participation in regular or special 17 education programs for exceptional children; provided, that 18 before issuing a certificate of exemption for physical, 19 mental, or emotional disability, the superintendent shall 20 require the submission of a statement from the county health 21 officer, if a licensed physician, in counties having such an 22 officer, and in other counties from a licensed practicing 23 physician or qualified psychological examiner designated by 24 the district certifying that the child is physically or 25 mentally incapacitated for school attendance; provided, 26 further, that if appropriate programs are not available within 27 the school system, arrangements shall be made with adjoining 28 districts or other appropriate agencies, residential schools, 29 or approved nonpublic schools providing appropriate programs 30 and services as determined by the Department of Education 31 under regulations prescribed by the state board. Any child so 85 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 exempt from educational provisions shall immediately be 2 reported to the department. 3 (2) EMPLOYMENT EXEMPTION.--Children who have reached 4 14 years of age who hold employment certificates and are 5 employed under provisions of the Child Labor Law. 6 (3) JUDICIAL EXEMPTIONS.--Upon the recommendation of a 7 circuit judge and the agreement of the superintendent, any 8 child within the compulsory attendance age limit may be 9 granted a certificate of exemption. 10 (4) CHILD CARE EXEMPTION.--A parent who does not have 11 access to child care, provided that: 12 (a) The superintendent certifies that: 13 1. Space is not available in any child care center 14 which is operated by, or under contract with, the school 15 district and is located within 1 hour from the student's home 16 or 30 minutes from the student's school. 17 2. The student's child has been placed on the waiting 18 list for enrollment in the child care centers operated by, or 19 under contract with, the school district. 20 3. The student is not required to enroll in the 21 district's teenage parent program as an eligibility 22 requirement for enrollment of the student's child in a school 23 district child care center. 24 4. When child care is not available within the school 25 system, the district has attempted to arrange child care 26 through the Florida Subsidized Child Care Program. 27 (b) In all cases, the certificate of exemption remains 28 valid until the student's child is placed in a child care 29 center operated by, or under contract with, the school 30 district, until a Florida Subsidized Child Care Program 31 86 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 enrollment is available, or until the end of the school year, 2 whichever occurs sooner. 3 Section 23. Section 232.09, Florida Statutes, is 4 amended to read: 5 232.09 Parents responsible for attendance of 6 children.--Each parent of a child within the compulsory 7 attendance age shall be responsible for such child's school 8 attendance as required by law. The absence of a child from 9 school shall be prima facie evidence of a violation of this 10 section; however, no criminal prosecution shall be brought 11 against a parent, guardian, or other person having control of 12 the child until the provisions of s. 232.17(2)(c) have been 13 complied with. No parent of a child shall be held responsible 14 for such child's nonattendance at school under any of the 15 following conditions: 16 (1) WITH PERMISSION.--The absence was with permission 17 of the head of the school; or 18 (2) WITHOUT KNOWLEDGE.--The absence was without the 19 parent's knowledge, consent, or connivance, in which case the 20 child shall be dealt with as a dependent child; or 21 (3) FINANCIAL INABILITY.--The parent was unable 22 financially to provide necessary clothes for the child, which 23 inability was reported in writing to the superintendent prior 24 to the opening of school or immediately after the beginning of 25 such inability; provided, that the validity of any claim for 26 exemption under this subsection shall be determined by the 27 superintendent subject to appeal to the school board; or 28 (4) SICKNESS, INJURY, OR OTHER INSURMOUNTABLE 29 CONDITION.--Attendance was impracticable or inadvisable on 30 account of sickness or injury, attested to by a written 31 statement of a licensed practicing physician, or was 87 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 impracticable because of some other stated insurmountable 2 condition as defined by rules regulations of the state board. 3 Section 24. Sections 232.10, 232.13, and 232.165, 4 Florida Statutes, are hereby repealed. 5 Section 25. Section 232.17, Florida Statutes, 1996 6 Supplement, is amended to read: 7 232.17 Enforcement of school attendance assistants; 8 qualifications; compensation; duties.--Provisions for the 9 employment, qualifications, compensation, and duties of 10 attendance assistants shall be as follows: 11 (1) EMPLOYMENT AND QUALIFICATIONS OF ATTENDANCE 12 ASSISTANTS.--The school board, upon the recommendation of the 13 superintendent, may employ and fix the compensation, including 14 reimbursement for travel, of a sufficient number of qualified 15 attendance assistants to guarantee regular attendance at 16 school of all children of the district within compulsory 17 school-age requirements who are not herein exempted from 18 attendance. 19 (2) DUTIES AND RESPONSIBILITIES OF ATTENDANCE 20 ASSISTANTS.--The duties and responsibilities of the attendance 21 assistant shall be exercised under the direction of the 22 superintendent and shall be as follows: 23 (a) Maintain records.--Pupil accounting records, 24 unless maintained by others assigned by the superintendent, 25 shall be kept by attendance assistants. These records shall 26 be on forms approved pursuant to regulations of the state 27 board. 28 (1)(b) INVESTIGATE NONENROLLMENT AND UNEXCUSED 29 ABSENCES.--In accordance with procedure established by the 30 state board, a designated school representative attendance 31 assistants shall investigate cases of nonenrollment and 88 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 unexcused absences from school of all children within the 2 compulsory school age. 3 (2)(c) GIVE WRITTEN NOTICE.--Under the direction of 4 the superintendent, a designated school representative the 5 attendance assistant shall give written notice, either in 6 person or by return receipt registered mail, to the parent, 7 guardian, or other person having control when no valid reason 8 is found for a child's nonenrollment in school or when the 9 child has a minimum of 3 but fewer than 15 unexcused absences 10 within 90 days, requiring enrollment or attendance within 3 11 days from the date of notice. If such notice and requirement 12 are ignored, the school representative attendance assistant 13 shall report the case to the superintendent, and may refer the 14 case to the case staffing committee, established pursuant to 15 s. 39.426, if the conditions of s. 232.19(3) have been met. 16 The superintendent may take such steps as are necessary to 17 bring criminal prosecution against the parent, guardian, or 18 other person having control. No further written notice of the 19 child's absence from school is required to be given to the 20 parent, guardian, or other person having control unless the 21 child, upon his or her return to school, remains in attendance 22 for 10 consecutive days. 23 (3)(d) RETURN CHILD TO PARENT.--A designated school 24 representative The attendance assistant shall visit the home 25 or place of residence of a child and any other place in which 26 he or she is likely to find any child who is required to 27 attend school when such child is absent from school during 28 school hours, and, when such child has been found, shall 29 return the child to his or her parent or to the principal or 30 teacher in charge of the school, or to the private tutor from 31 whom absent. 89 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (e) Visit home.--The attendance assistant shall visit 2 promptly the home of each child of school age in his or her 3 attendance district not in attendance upon the school, and of 4 any child who should attend the Florida State School for the 5 Deaf and the Blind, and who is reported as not enrolled in 6 that school or as absent without excuse. If no valid reason 7 is found for such nonenrollment or absence from such school or 8 schools the attendance assistant shall give written notice to 9 the parent, requiring the child's enrollment or attendance as 10 prescribed above. The attendance assistant shall secure the 11 written approval of the president of the Florida State School 12 for the Deaf and the Blind before he or she directs or 13 requests the parents of any child to take or send such child 14 to that school. Ten days' notice must be given in the case of 15 a child who is ordered sent to that school. On refusal or 16 failure of the parent to meet such requirement, the attendance 17 assistant shall report the same to the superintendent, and 18 that official shall proceed to take such action as is 19 prescribed in s. 232.19(2). 20 (4)(f) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A 21 designated school representative The attendance assistant 22 shall report to the Division of Jobs and Benefits of the 23 Department of Labor and Employment Security or to any person 24 acting in similar capacity who may be designated by law to 25 receive such notices, all violations of the Child Labor Law 26 that may come to his or her knowledge. 27 (5)(g) RIGHT TO INSPECT.--A designated school 28 representative The attendance assistant shall have the same 29 right of access to, and inspection of, establishments where 30 minors may be employed or detained as is given by law to the 31 Division of Jobs and Benefits only for the purpose of 90 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 ascertaining whether children of compulsory school age are 2 actually employed there and are actually working there 3 regularly. The school representative attendance assistant 4 shall, if he or she finds unsatisfactory working conditions or 5 violations of the Child Labor Law, report his or her findings 6 to the Division of Jobs and Benefits or its agents. 7 (h) Record of visits.--The attendance assistant shall 8 keep an accurate record of all children returned to schools or 9 homes, of all cases prosecuted, and of all other service 10 performed. A written report of all such activities shall be 11 made quarterly to the school board and shall be filed in the 12 office of the superintendent. 13 Section 26. Subsections (3) and (5) of section 232.19, 14 Florida Statutes, 1996 Supplement, are amended to read: 15 232.19 Court procedure and penalties.--The court 16 procedure and penalties for the enforcement of the provisions 17 of this chapter, relating to compulsory school attendance, 18 shall be as follows: 19 (3) HABITUAL TRUANCY CASES.--A designated school 20 representative The school social worker, the attendance 21 assistant, or the school superintendent's designee if there is 22 no school social worker or attendance assistant shall refer a 23 student who is habitually truant and the student's family to 24 the children-in-need-of-services and 25 families-in-need-of-services provider or the case staffing 26 committee, established pursuant to s. 39.426, as determined by 27 the cooperative agreement required in this section. The case 28 staffing committee may request the Department of Juvenile 29 Justice or its designee to file a child-in-need-of-services 30 petition based upon the report and efforts of the school 31 district or other community agency or may seek to resolve the 91 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 truancy behavior through the school or community-based 2 organizations or agencies. Prior to and subsequent to the 3 filing of a child-in-need-of-services petition due to habitual 4 truancy, the appropriate governmental agencies must allow a 5 reasonable time to complete actions required by this 6 subsection to remedy the conditions leading to the truant 7 behavior. The following criteria must be met and documented in 8 writing prior to the filing of a petition: 9 (a) The child must have 15 unexcused absences within 10 90 days with or without the knowledge or consent of the 11 child's parent or legal guardian and must not be exempt from 12 attendance by virtue of being over the age of compulsory 13 school attendance or by meeting the criteria in s. 232.06, s. 14 232.09, or any other exemption specified by law or the rules 15 of the State Board of Education. 16 (b) In addition to the actions described in s. 232.17, 17 the school administration must have completed the following 18 activities to determine the cause, and to attempt the 19 remediation, of the child's truant behavior: 20 1. After a minimum of 3 and prior to 15 unexcused 21 absences within 90 days, one or more meetings must have been 22 held, either in person or by phone, between a designated 23 school representative attendance assistant or school social 24 worker, the child's parent or guardian, and the child, if 25 necessary, to report and to attempt to solve the truancy 26 problem. However, if the designated school representative 27 attendance assistant or school social worker has documented 28 the refusal of the parent or guardian to participate in the 29 meetings, this requirement has been met. 30 2. Educational counseling must have been provided to 31 determine whether curriculum changes would help solve the 92 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 truancy problem, and, if any changes were indicated, such 2 changes must have been instituted but proved unsuccessful in 3 remedying the truant behavior. Such curriculum changes may 4 include enrollment of the child in a dropout prevention an 5 alternative education program that meets the specific 6 educational and behavioral needs of the child, including a 7 second chance school, as provided for in s. 230.2316, designed 8 to resolve truant behavior. 9 3. Educational evaluation, which may include 10 psychological evaluation, must have been provided to assist in 11 determining the specific condition, if any, that is 12 contributing to the child's nonattendance. The evaluation 13 must have been supplemented by specific efforts by the school 14 to remedy any diagnosed condition. 15 16 If a child within the compulsory school attendance age is 17 responsive to the interventions described in this paragraph 18 and has completed the necessary requirements to pass the 19 current grade as indicated in the district pupil progression 20 plan, the child shall be passed. 21 (c) The district manager of the Department of Juvenile 22 Justice or the district manager's designee and the 23 superintendent of the local school district or the 24 superintendent's designee must have developed a cooperative 25 interagency agreement which clearly defines each department's 26 role, responsibility, and function in working with habitual 27 truants and their families. The interagency agreement shall 28 specify that the participants address issues of streamlining 29 service delivery, the appropriateness of legal intervention, 30 case management, the role and responsibility of the case 31 staffing committee, student and parental intervention and 93 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 involvement, and community action plans. The interagency 2 agreement shall delineate timeframes for implementation and 3 identify a mechanism for reporting results by the district 4 juvenile justice manager or the district manager's designee 5 and the superintendent of schools or the superintendent's 6 designee to the Department of Juvenile Justice and the 7 Department of Education and other governmental entities as 8 needed. The cooperative agreement may designate which agency 9 shall be responsible for the intervention steps in s. 10 39.01(73), or this section, if such designation shall yield 11 more effective and efficient intervention services. 12 (5) PROCEEDINGS AND PROSECUTIONS; WHO MAY 13 BEGIN.--Proceedings or prosecutions under the provisions of 14 this chapter may be begun by the superintendent, by a 15 designated school representative an attendance assistant, by 16 the probation officer of the county, by the executive officer 17 of any court of competent jurisdiction, or by an officer of 18 any court of competent jurisdiction, or by a duly authorized 19 agent of the Department of Education. 20 (6) PENALTIES.--The penalties for refusing or failing 21 to comply with the provisions of this chapter shall be as 22 follows: 23 (a) The parent.--A parent who refuses or fails to have 24 a child who is under his or her control attend school 25 regularly, or who refuses or fails to comply with the 26 requirements in subsection (3), is guilty of a misdemeanor of 27 the second degree, punishable as provided by law. The 28 continued or habitual absence of a child without the consent 29 of the principal or teacher in charge of the school he or she 30 attends or should attend, or of the tutor who instructs or 31 should instruct him or her, is prima facie evidence of a 94 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 violation of this chapter; however, the court of the 2 appropriate jurisdiction, upon finding that the parent has 3 made a bona fide and diligent effort to control and keep the 4 child in school, shall excuse the parent from any criminal 5 liability prescribed herein and shall refer the parent and 6 child for counseling, guidance, or other needed services. 7 (b) The principal or teacher.--A principal or teacher 8 in charge of a school, public, parochial, denominational, or 9 private, or a private tutor who willfully violates any 10 provision of this chapter may, upon satisfactory proof of such 11 violation, have his or her certificate revoked by the 12 Department of Education. 13 (c) The employer.--An employer who fails to notify the 14 superintendent when he or she ceases to employ a child is 15 guilty of a misdemeanor of the second degree, punishable as 16 provided by law. 17 Section 27. Subsections (2) and (3) of section 18 232.245, Florida Statutes, and section 232.2452, Florida 19 Statutes, as amended by chapter 95-147, Laws of Florida, are 20 hereby repealed. 21 Section 28. Section 232.2461, Florida Statutes, is 22 hereby repealed. 23 Section 29. Section 232.2462, Florida Statutes, is 24 amended to read: 25 232.2462 Attendance requirement for receipt of high 26 school credit; Definition of "credit".-- 27 (1)(a) For the purposes of requirements for high 28 school graduation, one full credit means a minimum of 150 29 hours of bona fide instruction in a designated course of study 30 which contains student performance standards as provided for 31 in s. 232.2454. Six semester credit hours of instruction 95 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 earned through enrollment pursuant to s. 240.116 shall also 2 equal one full credit. 3 (b) The hourly requirements for one-half credit are 4 one-half the requirements specified in paragraph (a). 5 (2) A student may not be awarded a credit if he or she 6 has not been in for instruction for a minimum of 135 hours 7 unless he or she has demonstrated mastery of the student 8 performance standards in the course of study as provided by 9 rules of the district school board. Excused absences as 10 determined by the district school board and as carried out by 11 the secondary school principal shall not be counted against 12 the 135-hour minimum requirement. Criteria for determining 13 excused absences shall be as provided in s. 232.0225, absence 14 for religious instruction, or a religious holiday, and s. 15 232.09(4), absence due to sickness, injury, or other 16 insurmountable condition, and absence due to participation in 17 an academic class or program. Missed work shall be made up, as 18 provided in the pupil progression plan established by the 19 district school board by rule, for all excused absences. The 20 difference between the 135-hour minimum requirement and the 21 150-hour definition of full credit established in this section 22 may at the discretion of the secondary school principal be 23 used for noninstructional extracurricular activities unless 24 otherwise provided by district school board rule. In credit 25 programs operated in the period beyond 180 school days, each 26 full-credit course must be established for a minimum of 120 27 hours. 28 (2)(3) In awarding credit for high school graduation, 29 each school district shall maintain a one-half credit earned 30 system which shall include courses provided on a full-year 31 basis. A student enrolled in a full-year course shall receive 96 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 one-half credit if the student successfully completes either 2 the first half or the second half of a full-year course but 3 fails to successfully complete the other half of the course 4 and the averaging of the grades obtained in each half would 5 not result in a passing grade. A student enrolled in a 6 full-year course shall receive a full credit if the student 7 successfully completes either the first half or the second 8 half of a full-year course but fails to successfully complete 9 the other half of the course and the averaging of the grades 10 obtained in each half would result in a passing grade, 11 provided that such additional requirements specified in school 12 board policies, such as class attendance, homework, 13 participation, and other indicators of performance, shall be 14 successfully completed by the student. 15 Section 30. Subsections (2) and (3) of section 16 232.2468, Florida Statutes, as amended by chapters 96-221 and 17 96-406, Laws of Florida, are hereby repealed, and subsection 18 (1) of said section is renumbered as subsections (41), (42), 19 and (43) of section 228.041, Florida Statutes, 1996 20 Supplement, and amended to read: 21 228.041 Definitions.--Specific definitions shall be as 22 follows, and wherever such defined words or terms are used in 23 the Florida School Code, they shall be used as follows: 24 (1) DEFINITION.-- 25 (41)(a) GRADUATION RATE.--The term "graduation rate" 26 means the percentage calculated by dividing the number of 27 entering 9th graders into the number of students who receive, 28 4 years later, a high school diploma, a special diploma, or a 29 certificate of completion, as provided for in s. 232.246, or 30 who receive a special certificate of completion, as provided 31 in s. 232.247, and students 19 years of age or younger who 97 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 receive a general equivalency diploma, as provided in s. 2 229.814. The number of 9th grade students used in the 3 calculation of a graduation rate for this state shall be 4 students enrolling in the grade for the first time. 5 (42)(b) HABITUAL TRUANCY RATE.--The term "habitual 6 truancy rate" means the annual percentage of students in 7 membership within the age of compulsory school attendance 8 pursuant to s. 232.01 who are classified as habitual truants 9 as defined in subsection s. 228.041(28). 10 (43)(c) DROPOUT RATE.--The term "dropout rate" means 11 the annual percentage calculated by dividing the number of 12 students over the age of compulsory school attendance, 13 pursuant to s. 232.01, at the time of the fall membership 14 count, into the number of students who withdraw from school 15 during a given school year and who are classified as dropouts 16 pursuant to subsection s. 228.041(29). 17 18 The State Board of Education may adopt rules to implement this 19 subsection. 20 Section 31. Section 232.257, Florida Statutes, as 21 amended by chapters 95-147 and 95-376, Laws of Florida, and 22 section 232.258, Florida Statutes, as created by chapter 23 94-209, Laws of Florida, are hereby repealed. 24 Section 32. Subsection (3) of section 232.271, Florida 25 Statutes, 1996 Supplement, is amended to read: 26 232.271 Removal by teacher.-- 27 (3) If a teacher removes a student from class under 28 subsection (2), the principal may place the student in another 29 appropriate classroom, in in-school suspension, or in a 30 dropout prevention an alternative education program as 31 provided by s. 230.2316; or the principal may recommend the 98 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 student for out-of-school suspension or expulsion, as 2 appropriate. The student may be prohibited from attending or 3 participating in school-sponsored or school-related 4 activities. The principal may not return the student to that 5 teacher's class without the teacher's consent unless the 6 committee established under s. 232.272 determines that such 7 placement is the best or only available alternative. The 8 teacher and the placement review committee must render 9 decisions within 5 days of the removal of the student from the 10 classroom. 11 Section 33. Sections 232.276, 232.3015, and 232.303, 12 Florida Statutes, and section 232.304, Florida Statutes, as 13 amended by chapter 95-147, Laws of Florida, are hereby 14 repealed. 15 Section 34. Section 233.011, Florida Statutes, as 16 amended by chapter 95-147, Laws of Florida, is hereby 17 repealed. 18 Section 35. Section 233.061, Florida Statutes, is 19 amended to read: 20 233.061 Required instruction.-- 21 (1) Each school district shall provide all courses 22 required for high school graduation and appropriate 23 instruction designed to ensure that students meet state board 24 adopted standards in the following subject areas: reading and 25 other language arts, mathematics, science, social studies, 26 foreign languages, health and physical education, and the 27 arts. 28 (2)(1) Members of the instructional staff of the 29 public schools, subject to the rules and regulations of the 30 state board and of the school board, shall teach efficiently 31 and faithfully, using the books and materials required, 99 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 following the prescribed courses of study, and employing 2 approved methods of instruction, the following: 3 (a) The content of the Declaration of Independence and 4 how it forms the philosophical foundation of our government.; 5 (b) The arguments in support of adopting our 6 republican form of government, as they are embodied in the 7 most important of the Federalist Papers.; 8 (c) The essentials of the United States Constitution 9 and how it provides the structure of our government.; 10 (d) Flag education, including proper flag display and 11 flag salute.; 12 (e) The elements of civil government.; 13 (f) The history of the Holocaust (1933-1945), the 14 systematic, planned annihilation of European Jews and other 15 groups by Nazi Germany, a watershed event in the history of 16 humanity, to be taught in a manner that leads to an 17 investigation of human behavior, an understanding of the 18 ramifications of prejudice, racism, and stereotyping, and an 19 examination of what it means to be a responsible and 20 respectful person, for the purposes of encouraging tolerance 21 of diversity in a pluralistic society and for nurturing and 22 protecting democratic values and institutions.; 23 (g) The history of African-Americans, including the 24 history of African peoples before the political conflicts that 25 led to the development of slavery, the passage to America, the 26 enslavement experience, abolition, and the contributions of 27 African-Americans to society.; 28 (h) The elementary principles of agriculture.; 29 (i) The true effects of all alcoholic and intoxicating 30 liquors and beverages and narcotics upon the human body and 31 mind.; 100 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (j) Kindness to animals.; 2 (k) The history of the state.; 3 (l) The conservation of natural resources.; and 4 (m) Comprehensive health education that addresses 5 concepts of community health; consumer health; environmental 6 health; family life, including an awareness of the benefits of 7 sexual abstinence and the consequences of teenage pregnancy; 8 mental and emotional health; injury prevention and safety; 9 nutrition; personal health; prevention and control of disease; 10 and substance use and abuse. 11 (n)(m) Such additional materials, subjects, courses, 12 or fields in such grades as may be prescribed by law or by 13 rules of the state board and the school board in fulfilling 14 the requirements of law. 15 (2) State and district school officials shall furnish 16 and put into execution a system and method of teaching the 17 true effects of alcohol and narcotics on the human body and 18 mind, provide the necessary textbooks, literature, equipment, 19 and directions, see that such subjects are efficiently taught 20 by means of pictures, charts, oral instruction, and lectures 21 and other approved methods, and require such reports as are 22 deemed necessary to show the work which is being covered and 23 the results being accomplished. 24 (3) Any child whose parent presents to the school 25 principal a signed statement that the teaching of disease, its 26 symptoms, development, and treatment, and the viewing of 27 pictures or motion pictures that teach about disease, conflict 28 with the religious teachings of the child's religious 29 affiliation, is exempt from such instruction; and a child so 30 exempted may not be penalized by reason of that exemption. 31 101 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Section 36. Section 233.0612, Florida Statutes, is 2 created to read: 3 233.0612 Authorized instruction.--Each school district 4 may provide students with programs and instruction at the 5 appropriate grade levels in areas including, but not limited 6 to, the following: 7 (1) Character development and law education. 8 (2) The objective study of the Bible and religion. 9 (3) Traffic education. 10 (4) Free enterprise and consumer education. 11 (5) Programs to encourage patriotism and greater 12 respect for country. 13 (6) Drug abuse resistance education. 14 (7) Comprehensive health education. 15 (8) Care of nursing home patients. 16 (9) Instruction in acquired immune deficiency 17 syndrome. 18 (10) Voting instruction including the use of county 19 voting machines. 20 (11) Before-school and after-school programs. 21 Section 37. Section 233.0615, Florida Statutes, as 22 amended by chapter 94-209, Laws of Florida, section 233.06411, 23 Florida Statutes, as created by chapter 95-180, Laws of 24 Florida, sections 233.0645, 233.065, 233.0661, and 233.0662, 25 Florida Statutes, subsections (2), (3), (4), (5), (6), and (7) 26 of section 233.0663, Florida Statutes, as amended by chapter 27 95-147, Laws of Florida, section 233.067, Florida Statutes, as 28 amended by chapters 94-232, 95-147, and 96-307, Laws of 29 Florida, and sections 233.0671 and 233.0672 and subsections 30 (3) and (4) of section 233.068, Florida Statutes, are hereby 31 repealed. 102 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Section 38. Paragraph (a) of subsection (2) of section 2 233.07, Florida Statutes, is amended to read: 3 233.07 State instructional materials committees.-- 4 (2)(a) All appointments shall be pursuant to the 5 conditions prescribed in this section. No member shall serve 6 more than two consecutive terms on any committee. After 7 October 1, 1991, All appointments shall be for 18-month terms. 8 All vacancies shall be filled in the manner of the original 9 appointment for only the time remaining in the unexpired term. 10 A committee member whose term has not expired as of July 1, 11 1991, shall continue to serve for the remaining period of his 12 or her appointment. At no time may a school district have 13 more than one representative on a committee, it being the 14 intent of the Legislature to involve representatives from the 15 maximum number of school districts in the process of 16 instructional materials selection. The Commissioner of 17 Education and a member of the Department of Education whom he 18 or she shall designate shall be additional and ex officio 19 members of each committee. 20 Section 39. Section 234.041, Florida Statutes, is 21 renumbered as section 316.72, Florida Statutes. 22 Section 40. Sections 234.0515 and 234.061, Florida 23 Statutes, and section 234.091, Florida Statutes, as amended by 24 chapter 95-147, Laws of Florida, are hereby repealed. 25 Section 41. Section 234.302, Florida Statutes, is 26 renumbered as section 316.75, Florida Statutes, and amended to 27 read: 28 316.75 234.302 School crossing guards.--The Department 29 of Transportation shall adopt uniform guidelines for the 30 training of school crossing guards. Each local governmental 31 entity administering a school crossing guard program shall 103 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 provide a training program for school crossing guards 2 according to the uniform guidelines for the training of school 3 crossing guards adopted by the Department of Transportation. 4 Successful completion of the such training program shall be 5 required of each school guard except: 6 (1) A person who received equivalent training during 7 employment as a law enforcement officer.; 8 (2) A person who receives less than $5,000 in annual 9 compensation in a county with a population of less than 10 75,000.; and 11 (3) A student who serves in a school patrol. 12 13 School crossing guard training programs may be made available 14 to nonpublic schools upon contract. 15 Section 42. Paragraphs (c) and (d) of subsection (5) 16 of section 24.121, Florida Statutes, 1996 Supplement, are 17 amended to read: 18 24.121 Allocation of revenues and expenditure of funds 19 for public education.-- 20 (5) 21 (c) A portion of such net revenues, as determined 22 annually by the Legislature, shall be distributed to each 23 school district and shall be made available to each public 24 school in the district for enhancing school performance 25 through development and implementation of a school improvement 26 plan pursuant to s. 230.23(16)(18). 27 (d) Beginning July 1, 1993, no funds shall be released 28 for any purpose from the Educational Enhancement Trust Fund to 29 any school district in which one or more schools do not have 30 an approved school improvement plan pursuant to s. 31 230.23(16)(18). 104 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 Section 43. Paragraph (b) of subsection (73) of 2 section 39.01, Florida Statutes, 1996 Supplement, are amended 3 to read: 4 39.01 Definitions.--When used in this chapter: 5 (73) "To be habitually truant" means that: 6 (b) In addition to the actions described in s. 232.17, 7 the school administration has completed the following 8 escalating activities to determine the cause, and to attempt 9 the remediation, of the child's truant behavior: 10 1. After a minimum of 3 and prior to 15 unexcused 11 absences within 90 days, one or more meetings have been held, 12 either in person or by phone, between a designated school 13 representative attendance assistant or school social worker, 14 the child's parent or guardian, and the child, if necessary, 15 to report and to attempt to solve the truancy problem. 16 However, if the designated school representative attendance 17 assistant or school social worker has documented the refusal 18 of the parent or guardian to participate in the meetings, then 19 this requirement has been met; 20 2. Educational counseling has been provided to 21 determine whether curriculum changes would help solve the 22 truancy problem, and, if any changes were indicated, such 23 changes were instituted but proved unsuccessful in remedying 24 the truant behavior. Such curriculum changes may include 25 enrollment of the child in an alternative education program 26 that meets the specific educational and behavioral needs of 27 the child, including a second chance school, as provided for 28 in s. 230.2316, designed to resolve truant behavior; 29 3. Educational evaluation, pursuant to the 30 requirements of s. 232.19(3)(b)3., has been provided; and 31 105 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 4. The designated school representative social worker, 2 the attendance assistant, or the school superintendent's 3 designee if there is no school social worker or attendance 4 assistant has referred the student and family to the 5 children-in-need-of-services and families-in-need-of-services 6 provider or the case staffing committee, established pursuant 7 to s. 39.426, as determined by the cooperative agreement 8 required in s. 232.19(3). The case staffing committee may 9 request the department or its designee to file a 10 child-in-need-of-services petition based upon the report and 11 efforts of the school district or other community agency or 12 may seek to resolve the truancy behavior through the school or 13 community-based organizations or agencies. 14 15 If a child within the compulsory school attendance age is 16 responsive to the interventions described in this paragraph 17 and has completed the necessary requirements to pass the 18 current grade as indicated in the district pupil progression 19 plan, the child shall not be determined to be habitually 20 truant. If a child within the compulsory school attendance age 21 has 15 unexcused absences or fails to enroll in school, the 22 State Attorney may file a child-in-need-of-services petition. 23 Prior to filing a petition, the child must be referred to the 24 appropriate agency for evaluation. After consulting with the 25 evaluating agency, the State Attorney may elect to file a 26 child-in-need-of-services petition. 27 Section 44. Paragraph (a) of subsection (3) and 28 subsections (8) and (12) of section 228.053, Florida Statutes, 29 are amended to read: 30 228.053 Developmental research schools.-- 31 106 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (3) MISSION.--The mission of a developmental research 2 school shall be the provision of a vehicle for the conduct of 3 research, demonstration, and evaluation regarding management, 4 teaching, and learning. Programs to achieve the mission of a 5 developmental research school shall embody the goals and 6 standards of "Blueprint 2000" established pursuant to ss. 7 229.591 and 229.592 and shall ensure an appropriate education 8 for its students. 9 (a) Each developmental research school shall emphasize 10 mathematics, science, computer science, and foreign languages. 11 The primary goal of a developmental research school is to 12 enhance instruction and research in such specialized subjects 13 by using the resources available on a state university campus, 14 while also providing an education in nonspecialized subjects. 15 Each developmental research school shall provide sequential 16 elementary and secondary instruction where appropriate. A 17 developmental research school may not provide instruction at 18 grade levels higher than grade 12 without authorization from 19 the State Board of Education. Each developmental research 20 school shall develop and implement a school improvement plan 21 pursuant to s. 230.23(16)(18). 22 (8) ADVISORY BOARDS.--"Blueprint 2000" provisions and 23 intent specify that each public school in the state shall 24 establish a school advisory council that is reflective of the 25 population served by the school, pursuant to s. 229.58, and is 26 responsible for the development and implementation of the 27 school improvement plan pursuant to s. 230.23(16)(18). 28 Developmental research schools shall comply with the 29 provisions of s. 229.58 in one of two ways: 30 (a) Two advisory bodies.--Each developmental research 31 school may: 107 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 1. Establish an advisory body pursuant to the 2 provisions and requirements of s. 229.58 to be responsible for 3 the development and implementation of the school improvement 4 plan, pursuant to s. 230.23(16)(18). 5 2. Establish an advisory board to provide general 6 oversight and guidance. The dean of the affiliated college of 7 education shall be a standing member of the board, and the 8 president of the university shall appoint three faculty 9 members from the college of education, one layperson who 10 resides in the county in which the school is located, and two 11 parents or legal guardians of students who attend the 12 developmental research school to serve on the advisory board. 13 The term of each member shall be for 2 years, and any vacancy 14 shall be filled with a person of the same classification as 15 his or her predecessor for the balance of the unexpired term. 16 The president shall stagger the terms of the initial 17 appointees in a manner that results in the expiration of terms 18 of no more than two members in any year. The president shall 19 call the organizational meeting of the board. The board shall 20 annually elect a chair and a vice chair. There shall be no 21 limitation on successive appointments to the board or 22 successive terms that may be served by a chair or vice chair. 23 The board shall adopt internal organizational procedures or 24 bylaws necessary for efficient operation as provided in 25 chapter 120. Board members shall not receive per diem or 26 travel expenses for the performance of their duties. The 27 board shall: 28 a. Meet at least quarterly. 29 b. Monitor the operations of the school and the 30 distribution of moneys allocated for such operations. 31 108 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 c. Establish necessary policy, program, and 2 administration modifications. 3 d. Evaluate biennially the performance of the director 4 and principal and recommend corresponding action to the dean 5 of the college of education. 6 e. Annually review evaluations of the school's 7 operation and research findings. 8 (b) One advisory body.--Each developmental research 9 school may establish an advisory body responsible for the 10 development and implementation of the school improvement plan, 11 pursuant to s. 230.23(16)(18), in addition to general 12 oversight and guidance responsibilities. The advisory body 13 shall reflect the membership composition requirements 14 established in s. 229.58, but may also include membership by 15 the dean of the college of education and additional members 16 appointed by the president of the university that represent 17 faculty members from the college of education, the university, 18 or other bodies deemed appropriate for the mission of the 19 school. 20 (12) EXCEPTIONS TO LAW.--To encourage innovative 21 practices and facilitate the mission of the developmental 22 research schools, in addition to the exceptions to law 23 specified in s. 229.592(6), the following exceptions shall be 24 permitted for developmental research schools: 25 (a) The methods and requirements of the following 26 statutes shall be held in abeyance: ss. 230.01; 230.02; 27 230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105; 28 230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 29 230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318; 30 230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303; 31 230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.59; 109 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 230.63; 230.64; 230.643; 230.655; 234.01; 234.021; 234.0515; 2 234.061; 234.112; 316.75 234.302; 236.25; 236.261; 236.29; 3 236.31; 236.32; 236.35; 236.36; 236.37; 236.38; 236.39; 4 236.40; 236.41; 236.42; 236.43; 236.44; 236.45; 236.46; 5 236.47; 236.48; 236.49; 236.50; 236.51; 236.52; 236.55; 6 236.56; 237.051; 237.071; 237.091; 237.201; and 237.40. With 7 the exception of subsection (16) (18) of s. 230.23, s. 230.23 8 shall be held in abeyance. Reference to school boards in s. 9 230.23(16)(18) shall mean the president of the university or 10 the president's designee. 11 (b) The following statutes or related rules may be 12 waived for any developmental research school so requesting, 13 provided the general statutory purpose of each section is met 14 and the developmental research school has submitted a written 15 request to the Joint Developmental Research School Planning, 16 Articulation, and Evaluation Committee for approval pursuant 17 to this subsection: ss. 229.555; 231.291; 232.2462; 232.36; 18 233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081; 19 237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162; 20 237.171; 237.181; 237.211; and 237.34. Notwithstanding 21 reference to the responsibilities of the superintendent or 22 school board in chapter 237, developmental research schools 23 shall follow the policy intent of the chapter and shall, at 24 least, adhere to the general state agency accounting 25 procedures established in s. 11.46. 26 1. Two or more developmental research schools may 27 jointly originate a request for waiver and submit the request 28 to the committee if such waiver is approved by the school 29 advisory council of each developmental research school 30 desiring the waiver. 31 110 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 2. A developmental research school may submit a 2 request to the committee for a waiver if such request is 3 presented by a school advisory council established pursuant to 4 s. 229.58, if such waiver is required to implement a school 5 improvement plan required by s. 230.23(16)(18), and if such 6 request is made using forms established pursuant to s. 7 229.592(6). The Joint Developmental Research School Planning, 8 Articulation, and Evaluation Committee shall monitor the 9 waiver activities of all developmental research schools and 10 shall report annually to the department and the Florida 11 Commission on Education Reform and Accountability, in 12 conjunction with the feedback report required pursuant to s. 13 229.592(3), the number of waivers requested and submitted to 14 the committee by developmental research schools, and the 15 number of such waiver requests not approved. For each waiver 16 request not approved, the committee shall report the statute 17 or rule for which the waiver was requested, the rationale for 18 the developmental research school request, and the reason the 19 request was not approved. 20 (c) The written request for waiver of statute or rule 21 shall indicate at least how the general statutory purpose will 22 be met, how granting the waiver will assist schools in 23 improving student outcomes related to the student performance 24 standards adopted pursuant to s. 229.592(5), and how student 25 improvement will be evaluated and reported. In considering any 26 waiver, the committee shall ensure protection of the health, 27 safety, welfare, and civil rights of the students and 28 protection of the public interest. 29 (d) The procedure established in s. 229.592(6)(f) 30 shall be followed for any request for a waiver which is not 31 111 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 denied, or for which a request for additional information is 2 not issued. 3 4 Notwithstanding the request provisions of s. 229.592(6), 5 developmental research schools shall request all waivers 6 through the Joint Developmental Research School Planning, 7 Articulation, and Evaluation Committee, as established in s. 8 228.054. The committee shall approve or disapprove said 9 requests pursuant to this subsection and s. 229.592(6); 10 however, the Commissioner of Education shall have standing to 11 challenge any decision of the committee should it adversely 12 affect the health, safety, welfare, or civil rights of the 13 students or public interest. The department shall immediately 14 notify the committee and developmental research school of the 15 decision and provide a rationale therefor. 16 Section 45. Subsections (1), (2), and (3) of section 17 228.061, Florida Statutes, are amended to read: 18 228.061 Other public schools; preschool programs, 19 prekindergarten early intervention programs, school-age child 20 care programs, special schools and courses.--The public 21 schools of Florida may, in addition to the schools prescribed 22 in s. 228.051, include preschool programs, prekindergarten 23 early intervention programs, school-age child care programs, 24 special schools, and courses and classes as authorized below: 25 (1) PRESCHOOL PROGRAMS.--Preschool programs shall 26 comprise classes for children who have attained the ages 27 prescribed by s. 232.01 232.045 and may be established at the 28 discretion of the school board. Such programs or classes 29 shall be supported and maintained from district taxes, from 30 such funds supplemented by tuition charges, or from funds from 31 federal or other lawful sources, exclusive of state sources; 112 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 however, state funds may be used to support prekindergarten 2 early intervention programs pursuant to s. 230.2305. 3 (2) PREKINDERGARTEN EARLY INTERVENTION 4 PROGRAMS.--Prekindergarten early intervention programs shall 5 consist of educational and enrichment activities for children 6 who have attained the ages prescribed by s. 232.01 232.045. 7 Such programs shall be supported and maintained by state 8 funds, district funds, tuition charges, or such funds as may 9 be available from federal or other lawful sources. 10 (3) SCHOOL-AGE CHILD CARE PROGRAMS.--School-age child 11 care programs shall consist of educational and recreational 12 programs provided before and after the regular school day and 13 during school holidays to children eligible to attend public 14 schools as provided by s. ss. 232.01, 232.04, and 232.045. 15 Such programs shall be supported and maintained from state or 16 district funds, tuition charges, and such funds as may be 17 available from federal or other lawful sources. 18 Section 46. Subsection (4) of section 229.0535, 19 Florida Statutes, 1996 Supplement, is amended to read: 20 229.0535 Authority to enforce school improvement.--It 21 is the intent of the Legislature that all public schools be 22 held accountable for ensuring that students perform at 23 acceptable levels. A system of school improvement and 24 accountability that assesses student performance by school, 25 identifies schools not providing adequate progress, and 26 institutes appropriate measures for enforcing improvement 27 shall be the responsibility of the State Board of Education. 28 (4) The State Board of Education is authorized to 29 require the Department of Education or Comptroller to withhold 30 any transfer of state funds to the school district if, within 31 the timeframe specified in state board action, the school 113 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 district has failed to comply with said action ordered to 2 improve low-performing schools. Withholding the transfer of 3 funds shall occur only after all other recommended actions for 4 school improvement have failed to improve the performance of 5 the school. The State Board of Education may invoke the same 6 penalty to any school board that fails to develop and 7 implement a plan for assistance and intervention for 8 low-performing schools as specified in s. 230.23(16)(18)(c). 9 Section 47. Subsection (3) of section 229.565, Florida 10 Statutes, is amended to read: 11 229.565 Educational evaluation procedures.-- 12 (3) EDUCATION EVALUATION.--The Commissioner of 13 Education, or the Auditor General as provided in paragraph 14 (a), shall periodically examine and evaluate procedures, 15 records, and programs in each district to determine compliance 16 with law and rules established by the state board and in each 17 correctional institution operated by the Department of 18 Corrections to determine compliance with law and rules 19 established by the Department of Corrections for the 20 Correctional Education Program pursuant to s. 944.801. Such 21 evaluations shall include, but not be limited to: 22 (a) Reported full-time equivalent membership in each 23 program category. This evaluation shall be conducted by the 24 Auditor General for the Florida Education Finance Program 25 full-time enrollment verification function. 26 (b) The organization of all special programs to ensure 27 compliance with law and the criteria established and approved 28 by the state board pursuant to the provisions of this section 29 and s. 230.23(4)(m). 30 (c) The procedures for identification and placement of 31 students in educational alternative programs for students who 114 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 are disruptive or unsuccessful in a normal school environment 2 and for diagnosis and placement of students in special 3 programs for exceptional students, to determine that the 4 district is following the criteria for placement established 5 by rules of the state board and the procedures for placement 6 established by that district school board. 7 (d) Procedures for screening, identification, and 8 assignment of instructional strategies of the Florida Primary 9 Education Program, or an approved alternative program as 10 provided in s. 230.2312, and any other provisions of the 11 program. 12 (d)(e) An evaluation of the standards by which the 13 school district evaluates basic and special programs for 14 quality, efficiency, and effectiveness. 15 (e)(f) Determination of the ratio of administrators to 16 teachers in each school district. 17 (f)(g) Compliance with the cost accounting and 18 reporting requirements of s. 237.34 and the extent to which 19 the percentage expenditure requirements therein are being met. 20 (g)(h) Clearly defined data collection and 21 documentation requirements, including specifications of which 22 records and information need to be kept and how long the 23 records need to be retained. The information and 24 documentation needs for evaluation shall be presented to the 25 school districts and explained well in advance of the actual 26 audit date. 27 (h)(i) Determination of school district achievement in 28 meeting the performance standards specified in s. 232.2454(1). 29 Section 48. Subsection (2) of section 229.58, Florida 30 Statutes, is amended to read: 31 229.58 District and school advisory councils.-- 115 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (2) DUTIES.--Each advisory council shall perform such 2 functions as are prescribed by regulations of the school 3 board; however, no advisory council shall have any of the 4 powers and duties now reserved by law to the school board. 5 Each school advisory council shall assist in the preparation 6 and evaluation of the school improvement plan required 7 pursuant to s. 230.23(16)(18) and shall provide such 8 assistance as the principal may request in preparing the 9 school's annual budget and plan as required by s. 229.555(1). 10 Section 49. Subsections (1) and (6), paragraphs (b) 11 and (e) of subsection (3), and paragraph (c) of subsection (4) 12 of section 229.592, Florida Statutes, 1996 Supplement, are 13 amended to read: 14 229.592 Implementation of state system of school 15 improvement and education accountability.-- 16 (1) DEVELOPMENT.--It is the intent of the Legislature 17 that every public school in the state shall have a school 18 improvement plan, as required by s. 230.23(16)(18), fully 19 implemented and operational by the beginning of the 1993-1994 20 school year. Vocational standards considered pursuant to s. 21 239.229 shall be incorporated into the school improvement plan 22 for each area technical center operated by a school board by 23 the 1994-1995 school year, and area technical centers shall 24 prepare school report cards incorporating such standards, 25 pursuant to s. 230.23(16)(18), for the 1995-1996 school year. 26 In order to accomplish this, the Florida Commission on 27 Education Reform and Accountability and the school districts 28 and schools shall carry out the duties assigned to them by ss. 29 229.594 and 230.23(16)(18), respectively. In addition, the 30 following initial steps in program development shall be 31 116 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 undertaken beginning June 1, 1991, and shall continue during 2 the 1991-1992 school fiscal year: 3 (a) Each school shall conduct an initial needs 4 assessment including separately each school-within-a-school, 5 magnet school, self-contained educational alternative center, 6 or satellite center, and the results of the assessments shall 7 be accompanied by a needs response plan and submitted to the 8 Florida Commission on Education Reform and Accountability by 9 November 1, 1991. The commissioner must provide a format for 10 the needs assessments to the school board by June 1, 1991, and 11 the local school board shall coordinate each needs assessment. 12 The assessments shall be based on data from the 1990-1991 13 school year and shall address at least the following: 14 1. The status of the school in relation to the general 15 goals for education contained in s. 229.591; 16 2. The academic status of students attending the 17 school as reflected by test scores, dropout and same grade 18 retention rates, the availability of upper level courses in 19 mathematics and science, the percentage of the school's 20 enrollment and the number of completers by race and gender in 21 upper-level mathematics and science courses, and the number of 22 students entering postsecondary institutions; 23 3. Student school participation characteristics 24 including: attendance rates, the number of expulsions and 25 suspensions, and the number of instances of corporal 26 punishment; 27 4. The economic status of the student body and area 28 served by the school; 29 5. The demographic characteristics of the student body 30 and the faculty and staff of the school; 31 117 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 6. The financial status of the school as reflected by 2 per-student expenditures for instruction and administration, 3 and other appropriate measures; and 4 7. Such other needs assessment indicators as may be 5 determined by the individual school. 6 (b) Each area technical center operated by a school 7 board shall conduct a needs assessment as part of the school 8 improvement process. The results of the assessments shall be 9 accompanied by a needs response plan and be submitted to the 10 Florida Commission on Education Reform and Accountability by 11 November 1, 1992. The commissioner shall provide a format for 12 the needs assessments to the school boards by August 1, 1992, 13 and the local school board shall coordinate each needs 14 assessment. The first such assessment shall be based on data 15 from the 1991-1992 school year and must address at least the 16 following: 17 1. The vocational standards articulated in s. 239.229. 18 2. The financial status of the center as indicated by 19 per-student expenditures for instruction and administration, 20 and other appropriate measures. 21 3. Student completion and placement rates. 22 4. A forecast of occupations indicating future 23 workplace needs required over the next 5 years within the 24 service area, based upon labor market supply and demand data 25 and local economic conditions. 26 5. Other such needs assessment indicators as may be 27 determined by the center. 28 (c) The needs response plan for each school and the 29 district shall generally describe proposed actions to reduce 30 any needs identified by the needs assessment. 31 118 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (d) The Commissioner of Education shall provide the 2 school boards with the technical assistance necessary to 3 conduct the school needs assessments. 4 (e) The Florida Commission on Education Reform and 5 Accountability and the Department of Education shall review 6 and analyze the needs assessment information received from the 7 school boards and shall submit a summary report on the 8 information to the Legislature by January 1, 1992, and shall 9 provide, upon request, the needs assessment on any individual 10 school. By November 1, 1991, the commission shall identify a 11 core of performance standards addressing the state's most 12 pressing educational problems for use in the analysis of the 13 needs assessment information. 14 (3) COMMISSIONER.--The commissioner shall be 15 responsible for implementing and maintaining a system of 16 intensive school improvement and stringent education 17 accountability. 18 (b) The commissioner shall be held responsible for the 19 implementation and maintenance of the system of school 20 improvement and education accountability outlined in this 21 subsection. There shall be an annual determination of whether 22 adequate progress is being made toward implementing and 23 maintaining a system of school improvement and education 24 accountability based, in part, on feedback required pursuant 25 to s. 230.23(18) and submitted to the Florida Commission on 26 Education Reform and Accountability. 27 (e) As co-chair of the Florida Commission on Education 28 Reform and Accountability, the commissioner shall appear 29 before the appropriate committees of the Legislature annually 30 in October to report and recommend changes in state policy 31 necessary to foster school improvement and education 119 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 accountability. The report shall reflect the recommendations 2 of the Florida Commission on Education Reform and 3 Accountability. Included in the report shall be a list of the 4 schools for which school boards have developed assistance and 5 intervention plans and an analysis of the various strategies 6 used by the school boards. In the fall of 1992 and 1993, the 7 commissioner shall report in writing to the public on the 8 current status of the state's education system. School boards 9 shall distribute this report to the parents of all pupils in 10 the district. Beginning with the 1993-1994 school year and 11 each school year thereafter, School reports shall be 12 distributed pursuant to this paragraph and s. 13 230.23(16)(18)(e) according to guidelines adopted by the State 14 Board of Education. 15 (4) DEPARTMENT.-- 16 (c) Pursuant to s. 24.121(5)(d), the department shall 17 not release funds from the Educational Enhancement Trust Fund 18 to any district in which a school does not have an approved 19 school improvement plan, pursuant to s. 230.23(16)(18), after 20 1 full school year of planning and development. The 21 department shall send a technical assistance team to each 22 school without an approved plan to develop such school 23 improvement plan. The department shall release the funds upon 24 approval of the plan. Notice shall be given to the public of 25 the department's intervention and shall identify each school 26 without a plan. 27 (6) EXCEPTIONS TO LAW.--To facilitate innovative 28 practices and to allow local selection of educational methods 29 during the time period required for careful deliberation by 30 the Legislature and the Florida Commission on Education Reform 31 120 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 and Accountability, the following time-limited exceptions 2 shall be permitted: 3 (a) In the annual general appropriations acts, the 4 Legislature may authorize exceptions to any laws pertaining to 5 fiscal policies, including ss. 236.013 and 236.081, provided 6 the intent is to give school districts increased flexibility 7 and local control of education funds. If the General 8 Appropriations Act does not contain a specific line-item 9 appropriation or a specific listing within a line-item 10 appropriation which provides funding for the programs 11 established pursuant to the following statutes, the statute 12 shall be held in abeyance for that fiscal year, and any 13 approved plan for implementing said statute shall be null and 14 void for said fiscal year: ss. 228.0855; 230.2215; 230.2305; 15 230.2318; 231.087; 231.613; 232.257; 233.0615; 233.0678; 16 234.021; 236.0873; 236.083; 236.092; 236.122; 236.1225; 17 236.1228; and 239.401. 18 (b) The methods and requirements of the following 19 statutes shall be held in abeyance: ss. 228.088; and 229.57(4) 20 and (5). 21 22 In determining which statutes and rules stand in the way of 23 school improvement, the Florida Commission on Education Reform 24 and Accountability shall consider the effect that holding the 25 statutes listed in paragraphs (a) and (b) in abeyance has had 26 on the school improvement process. It is the intent of the 27 Legislature that statutes listed in paragraphs (a) and (b) be 28 systematically repealed after being held in abeyance for 3 29 consecutive fiscal years. 30 (c) The Legislature authorizes that the methods and 31 requirements of the statutes listed in paragraph (a) for which 121 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 a specific line-item appropriation or a specific listing 2 within a line-item appropriation is contained and funded in 3 the General Appropriations Act and the following statutes may 4 be waived for any school board so requesting, provided the 5 general statutory purpose of each section is met and the 6 school board has submitted a written request to the 7 commissioner for approval pursuant to this subsection: ss. 8 228.041(13) and (16); 229.602(5); 230.23(3), (4)(f) and (o), 9 (6), (7)(a), (b), and (c), (11)(c), and (15)(17); 231.095; 10 232.01; 232.04; 232.045; 232.245; 232.2462; 232.2463; 233.011; 11 233.34; 236.013(3) relating to the 36-hour limit; and 239.121. 12 Graduation requirements in s. 232.246 may be met by 13 demonstrating performance of intended outcomes for any course 14 in the Course Code Directory if a waiver from the requirements 15 of s. 232.2462 has been approved based upon a need identified 16 in a school improvement plan. In developing procedures for 17 awarding credits based on performance outcomes, districts may 18 request waivers from State Board of Education rules relating 19 to curriculum frameworks and credits for courses and programs 20 in the Course Code Directory. Credit awarded for a course or 21 program beyond that allowed by the Course Code Directory shall 22 count as credit for electives. Upon request by any school 23 district, the commissioner shall evaluate and establish 24 procedures for variations in academic credits awarded toward 25 graduation by a high school offering six periods per day 26 compared to those awarded by high schools operating on other 27 schedules. 28 1. A school board may originate a request for waiver 29 and submit the request to the commissioner if such waiver is 30 required to implement districtwide improvements. 31 122 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 2. A school board may submit a request to the 2 commissioner for a waiver if such request is presented to the 3 school board by a school advisory council established pursuant 4 to s. 229.58 and if such waiver is required to implement a 5 school improvement plan required by s. 230.23(16)(18). The 6 school board shall report annually to the Florida Commission 7 on Education Reform and Accountability, in conjunction with 8 the feedback report required pursuant to subsection (3), the 9 number of waivers requested by school advisory councils, the 10 number of such waiver requests approved and submitted to the 11 commissioner, and the number of such waiver requests not 12 approved and not submitted to the commissioner. For each 13 waiver request not approved, the school board shall report the 14 statute or rule for which the waiver was requested, the 15 rationale for the school advisory council request, and the 16 reason the request was not approved. 17 3. When approved by the commissioner, a waiver 18 requested pursuant to this paragraph shall be for a 5-year 19 period. 20 (d) Notwithstanding the provisions of chapter 120 and 21 for the purpose of implementing this subsection, the 22 commissioner may waive State Board of Education rules adopted 23 to implement statutes listed in paragraphs (a), (b), and (c), 24 provided that the intent of each rule is met and the school 25 board has submitted a written request to the commissioner for 26 approval pursuant to this subsection. 27 (e) The written request for waiver of statute or rule 28 shall indicate at least how the general statutory purpose will 29 be met, how granting the waiver will assist schools in 30 improving student outcomes related to the student performance 31 standards adopted pursuant to subsection (5), and how student 123 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 improvement will be evaluated and reported. In considering any 2 waiver, the commissioner shall ensure protection of the 3 health, safety, welfare, and civil rights of the students and 4 protection of the public interest. 5 (f) Any request for a waiver which is not denied, or 6 for which a request for additional information is not issued, 7 within 21 days after receipt of the written request shall be 8 deemed approved. Any waiver for which a timely request for 9 additional information has been issued shall be deemed to be 10 approved if a denial is not issued within 21 days after the 11 commissioner's receipt of the specifically requested 12 additional information. On denial of a request for a waiver, 13 the commissioner shall state with particularity the grounds or 14 basis for the denial. The commissioner shall report the 15 specific statutes and rules for which waivers are requested 16 and the number and disposition of such requests to the Florida 17 Commission on Education Reform and Accountability for use in 18 determining which statutes and rules stand in the way of 19 school improvement. 20 Section 50. Subsection (1) of section 229.594, Florida 21 Statutes, is amended to read: 22 229.594 Powers and duties of the commission.-- 23 (1) The commission shall review and recommend 24 procedures for a new system of school improvement and 25 education accountability and recommend the repeal or 26 modification of statutes, fiscal policies, and rules that 27 stand in the way of school improvement. Specifically, the 28 commission shall: 29 (a) Serve as an advisory body to oversee the 30 development, establishment, implementation, and maintenance of 31 a program of school improvement and education accountability 124 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 based upon the achievement of state education goals. This 2 responsibility shall include the following: 3 1. Holding public hearings, as determined to be 4 necessary, in various parts of the state. The purpose of 5 these hearings shall be to receive public comment on the 6 status of education and suggestions regarding the 7 establishment and implementation of a system of school 8 improvement and education accountability. When feasible, 9 alternative methods such as teleconferencing shall be employed 10 to increase public involvement. 11 2. Observing the development and implementation of 12 school improvement plans pursuant to s. 230.23(16)(18). 13 Particular attention shall be paid to ensuring the involvement 14 of teachers, parents, and community in the development and 15 implementation of individually prepared school improvement 16 plans. 17 3. Involving the business community in the provision 18 of needed training for school advisory councils, teachers, 19 principals, district administrators, and school board members. 20 4. Annually recommending changes in statutes, rules, 21 and policies needed to implement and maintain a system of 22 school improvement and education accountability in the state. 23 (b) Review and, with assistance from the Department of 24 Education, analyze results of school needs assessments 25 submitted by district school boards and, by January 1, 1992, 26 submit a report of its findings to the Legislature. The 27 report shall include recommendations for changes in the school 28 improvement and accountability required by s. 230.23(16)(18) 29 which are considered necessary as a result of the school needs 30 assessments. The report shall also include a recommendation 31 regarding the minimum number of credits, subjects, and courses 125 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 that should be required by the state for regular and 2 alternative high school diplomas; the number of hours of 3 instruction required to receive a credit; the length of a high 4 school day; and the number of periods per day for high 5 schools. 6 (c) Recommend to the Legislature and State Board of 7 Education, as appropriate, the components of a system of 8 school improvement and accountability. Initial 9 recommendations must be reviewed and revised as necessary 10 annually and must include: 11 1. Performance standards for indicating state, school 12 district, and school progress toward the state education goals 13 and a definition of what shall be considered "adequate 14 progress" toward meeting these performance standards. 15 Effective June 1, 1993, such standards must incorporate the 16 provisions of s. 239.229. 17 2. Methods for measuring state, school district, and 18 school progress toward the goals. These assessment methods 19 must include the most effective and efficient procedures 20 available from the current system of assessment and 21 alternative and new assessment practices. 22 3. Methods for public reporting on the progress toward 23 the goals by the state, school districts, and individual 24 schools. Emphasis shall be placed on reporting individual 25 school improvement and progress, and comparisons between 26 schools shall be minimized. Methods for reporting the status 27 of children and families and community services available in 28 each school district to help children and families in need 29 shall also be developed. 30 4. Effective use of existing methods for recognizing 31 schools and development of necessary additional methods to 126 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 recognize schools that meet or make adequate progress toward 2 the education goals. The commission shall also consider the 3 development of incentives including financial incentives for 4 schools that make exceptional progress toward the education 5 goals. 6 5. Guidelines that may be adopted as rule and used by 7 the State Board of Education and the school board in 8 determining the action for any school that does not improve 9 after 3 years of assistance and intervention, including 10 commission responsibility in recommending action for said 11 schools. The guidelines shall be stringent and shall ensure 12 that the school is not permitted to continue serving students 13 in a less than adequate manner. 14 15 If in the opinion of the commission an adequate system of 16 accountability is in place to protect the public interest, the 17 commission may recommend to the Legislature the repeal or 18 revision of laws, including fiscal policies, and to the State 19 Board of Education the repeal or revision of rules, which in 20 the opinion of the commission stand in the way of school 21 improvement. The commission may defer any or all 22 recommendations for repeal or revision of laws and rules until 23 such time as it determines an adequate system of 24 accountability to be established and implemented. 25 Section 51. Paragraph (a) of subsection (5) of section 26 229.8055, Florida Statutes, is amended to read: 27 229.8055 Environmental education.-- 28 (5) The Department of Education shall: 29 (a) Assign appropriate staff to work directly with 30 general curriculum development activities through district and 31 school administrators responsible for general curriculum in 127 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 order to explicitly integrate appropriate environmental topics 2 into the regular curriculum, where appropriate, through 3 curriculum frameworks and performance standards as required by 4 s. 233.011(3)(a) and (b). 5 Section 52. Section 231.085, Florida Statutes, is 6 amended to read: 7 231.085 Duties of principals.--A district school board 8 shall employ, through written contract, public school 9 principals who shall supervise the operation and management of 10 the schools and property as the board determines necessary. 11 Each principal shall perform such duties as may be assigned by 12 the superintendent pursuant to the rules of the school board. 13 Such rules shall include, but not be limited to, rules 14 relating to administrative responsibility, instructional 15 leadership of the educational program of the school to which 16 the principal is assigned, submission of personnel 17 recommendations to the superintendent, administrative 18 responsibility for records and reports, administration of 19 corporal punishment, and student suspension. Each principal 20 shall provide leadership in the development or revision and 21 implementation of a school improvement plan pursuant to s. 22 230.23(16)(18). 23 Section 53. Section 231.095, Florida Statutes, is 24 amended to read: 25 231.095 Teachers assigned teaching duties outside 26 field in which certified.--When a teacher in a district school 27 system is assigned teaching duties in a class dealing with 28 subject matter that is outside the field in which the teacher 29 is certified, the parents or guardians of all students in the 30 class shall be notified in writing of such assignment. Such 31 128 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 notification shall be provided in each school's annual report 2 required pursuant to s. 230.23(18). 3 Section 54. Paragraph (d) of subsection (1) of section 4 231.1725, Florida Statutes, is amended to read: 5 231.1725 Employment of substitute teachers, teachers 6 of adult education, nondegreed teachers of career education, 7 and noncertificated teachers in critical teacher shortage 8 areas.-- 9 (1) Notwithstanding the provisions of ss. 231.02, 10 231.15, 231.17, and 231.172 or any other provision of law or 11 rule to the contrary, each school board shall establish the 12 minimal qualifications for: 13 (d) Part-time and full-time noncertificated teachers 14 in critical teacher shortage areas. The qualifications shall 15 require the filing of fingerprints in the same manner as 16 required by s. 231.02 and shall be based on academic training 17 in the essential generic and specialization competencies of 18 the instructional assignment. The school board shall be 19 responsible for determining critical teacher shortage areas 20 within the school district. Each school board shall annually 21 report the number, qualifications, and areas of assignment of 22 all noncertificated teachers employed pursuant to this 23 paragraph during each school year. The report shall be 24 publicly disclosed pursuant to s. 230.23(18). 25 Section 55. Paragraph (c) of subsection (2) of section 26 236.013, Florida Statutes, is amended to read: 27 236.013 Definitions.--Notwithstanding the provisions 28 of s. 228.041, the following terms are defined as follows for 29 the purposes of this act: 30 31 129 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 (2) A "full-time equivalent student" in each program 2 of the district is defined in terms of full-time students and 3 part-time students as follows: 4 (c)1. A "full-time equivalent student" is: 5 a. A full-time student in any one of the programs 6 listed in s. 236.081(1)(c); or 7 b. A combination of full-time or part-time students in 8 any one of the programs listed in s. 236.081(1)(c) which is 9 the equivalent of one full-time student based on the following 10 calculations: 11 (I) A full-time student, except a postsecondary or 12 adult student or a senior high school student enrolled in 13 adult education when such courses are required for high school 14 graduation, in a combination of programs listed in s. 15 236.081(1)(c) shall be a fraction of a full-time equivalent 16 membership in each special program equal to the number of net 17 hours per school year for which he or she is a member, divided 18 by the appropriate number of hours set forth in subparagraph 19 (a)1. or subparagraph (a)2.; the difference between that 20 fraction or sum of fractions and the maximum value as set 21 forth in subsection (5) for each full-time student is presumed 22 to be the balance of the student's time not spent in such 23 special education programs and shall be recorded as time in 24 the appropriate basic program. 25 (II) A student in the basic half-day kindergarten 26 program of not less than 450 net hours shall earn one-half of 27 a full-time equivalent membership. 28 (III) A half-day kindergarten student in a combination 29 of programs listed in s. 236.081(1)(c) is a fraction of a 30 full-time equivalent membership in each special program equal 31 to the number of net hours or major portion thereof per school 130 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 year for which he or she is a member divided by the number of 2 hours set forth in sub-sub-subparagraph (II); the difference 3 between that fraction and the number of hours set forth in 4 sub-sub-subparagraph (II) for each full-time student in 5 membership in a half-day kindergarten program is presumed to 6 be the balance of the student's time not spent in such special 7 education programs and shall be recorded as time in the 8 appropriate basic program. 9 (IV) A part-time student, except a postsecondary or 10 adult student, is a fraction of a full-time equivalent 11 membership in each basic and special program equal to the 12 number of net hours or major fraction thereof per school year 13 for which he or she is a member, divided by the appropriate 14 number of hours set forth in subparagraph (a)1. or 15 subparagraph (a)2. 16 (V) A postsecondary or adult student or a senior high 17 school student enrolled in adult education when such courses 18 are required for high school graduation is a portion of a 19 full-time equivalent membership in each special program equal 20 to the net hours or major fraction thereof per fiscal year for 21 which he or she is a member, divided by the appropriate number 22 of hours set forth in subparagraph (a)1. or subparagraph (a)2. 23 (VI) A full-time student who is part of a program 24 authorized by subparagraph (a)3. in a combination of programs 25 listed in s. 236.081(1)(c) is a fraction of a full-time 26 equivalent membership in each regular or special program equal 27 to the number of net hours per school year for which he or she 28 is a member, divided by the appropriate number of hours set 29 forth in subparagraph (a)1. or subparagraph (a)2. 30 (VII) A prekindergarten handicapped student shall meet 31 the requirements specified for kindergarten students. 131 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 2. A student in membership in a program scheduled for 2 more or less than 180 school days is a fraction of a full-time 3 equivalent membership equal to the number of instructional 4 hours in membership divided by the appropriate number of hours 5 set forth in subparagraph (a)1.; however, for the purposes of 6 this subparagraph, membership in programs scheduled for more 7 than 180 days is limited to: 8 a. Special programs for exceptional students; 9 b. Special vocational-technical programs; 10 c. Special adult general education programs; 11 d. Dropout prevention programs provided for those 12 students who were in membership in substance abuse or youth 13 services programs as defined in s. 230.2316 for students in 14 residential programs operated by the Department of Children 15 and Family Services; programs operated by the Department of 16 Juvenile Justice as defined in s. 230.23161 in which students 17 receive educational services; or teenage parent programs as 18 defined in s. 230.23166 for students who and are in need of 19 such additional instruction; 20 e. Students-at-risk programs provided for those 21 students who were in membership in an educational alternative 22 or disciplinary program in Dropout prevention programs as 23 defined in s. 230.2316 in which students are placed for 24 academic or disciplinary purposes or programs in English for 25 speakers of other languages as defined in s. 233.058 for 26 students who were in membership for all of the last 15 days of 27 the 180-day term or a total of 30 days within the 180-day term 28 and are in need of such additional instruction; 29 f. Other basic programs offered for promotion or 30 credit instruction as defined by rules of the state board; and 31 132 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 g. Programs which modify the school year to 2 accommodate the needs of children who have moved with their 3 parents for the purpose of engaging in the farm labor or fish 4 industries, provided such programs are approved by the 5 commissioner. 6 7 The department shall determine and implement an equitable 8 method of equivalent funding for experimental schools and for 9 schools operating under emergency conditions, which schools 10 have been approved by the department under the provisions of 11 s. 228.041(13) to operate for less than the minimum school 12 day. 13 Section 56. Paragraph (o) of subsection (1) of section 14 236.081, Florida Statutes, 1996 Supplement, is amended to 15 read: 16 236.081 Funds for operation of schools.--If the annual 17 allocation from the Florida Education Finance Program to each 18 district for operation of schools is not determined in the 19 annual appropriations act or the substantive bill implementing 20 the annual appropriations act, it shall be determined as 21 follows: 22 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR 23 OPERATION.--The following procedure shall be followed in 24 determining the annual allocation to each district for 25 operation: 26 (o) Instruction in career education.--Effective for 27 the 1985-1986 school year and thereafter, district pupil 28 progression plans shall provide for the substitution of 29 vocational courses for the nonelective courses required for 30 high school graduation pursuant to s. 232.246. A student in 31 grades 9 through 12 who enrolls in and satisfactorily 133 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 completes a job-preparatory program may substitute credit for 2 a portion of the required four credits in English, three 3 credits in mathematics, and three credits in science. The 4 credit substituted for English, mathematics, or science earned 5 through the vocational job-preparatory program shall be on a 6 curriculum equivalency basis as provided for in the State 7 Course Code Directory. Upon adoption of curriculum frameworks 8 for vocational courses pursuant to s. 233.011, The State Board 9 of Education shall authorize by rule vocational course 10 substitutions not to exceed two credits in each of the 11 nonelective academic subject areas of English, mathematics, 12 and science. School districts shall provide for vocational 13 course substitutions not to exceed two credits in each of the 14 nonelective academic subject areas of English, mathematics, 15 and science, upon adoption of vocational student performance 16 standards by the school board pursuant to s. 232.2454. A 17 vocational program which has been used as a substitute for a 18 nonelective academic credit in one subject area may not be 19 used as a substitute for any other subject area. The credit 20 in practical arts or exploratory career education required for 21 high school graduation pursuant to s. 232.246(1) shall be 22 funded as a career education course. 23 Section 57. Paragraph (a) of subsection (2) of section 24 236.0811, Florida Statutes, is amended to read: 25 236.0811 Educational training.-- 26 (2)(a)1. Pursuant to rules of the State Board of 27 Education, each school board shall develop and annually 28 approve a master plan for inservice educational training. The 29 plan shall include all inservice programs for all district 30 employees from all fund sources and shall be updated annually 31 by September 1 using criteria and procedures for continued 134 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 approval as specified by state board rule. Verification that 2 the plan meets all requirements of this section shall be 3 submitted annually to the commissioner by October 1. The plan 4 shall be based on an assessment of the inservice educational 5 training needs of the district conducted by a committee that 6 includes parents, classroom teachers, and other educational 7 personnel. This assessment shall identify districtwide 8 inservice needs and the inservice training needs of local 9 schools. The plan shall include, at a minimum, the inservice 10 activities that are necessary for implementation of the 11 schools' improvement plans during the current fiscal year. The 12 plan shall include, but is not limited to, components 13 addressing: competencies in the identification, assessment, 14 and prescription of instruction for exceptional students; 15 competencies in the identification, assessment, and 16 prescription of instruction for child abuse and neglect 17 prevention and for substance and alcohol abuse prevention; and 18 competencies in instruction for multicultural sensitivity in 19 the classroom. In addition, the plan must include a component 20 to provide regular training to classroom teachers on advances 21 in the field of normal child development and the disorders of 22 development. The plan shall also include components that may 23 be used to satisfy the certification requirements applicable 24 to teachers of students with limited proficiency in English 25 and components that may be used for the renewal of a 26 certificate in each of the following areas: a study of the 27 middle grades, understanding the student in the middle grades, 28 organizing interdisciplinary instruction in the middle grades, 29 developing critical thinking and creative thinking in students 30 in the middle grades, counseling functions of the teacher in 31 the middle grades, developing creative learning materials for 135 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 the middle grades, and planning and evaluating programs in the 2 middle grades. The plan shall include inservice activities for 3 all district employees from all fund sources. 4 2. Classroom teachers and guidance counselors shall be 5 required to participate in the inservice training for child 6 abuse and neglect prevention, for alcohol and substance abuse 7 prevention education, and for multicultural sensitivity 8 education, which may include negotiation and conflict 9 resolution training. 10 3. The department shall withhold funding of any 11 district's master inservice plan, as required by this section, 12 which fails to provide and require training in substance abuse 13 prevention education pursuant to s. 233.067(4)(c)1. for all 14 classroom teachers and guidance counselors. The department is 15 authorized to waive one or more inservice areas related to the 16 middle grades if the district can document its unsuccessful 17 attempt to secure a competent trainer or sufficient enrollment 18 or when the department determines that specific validated 19 competencies may be substituted in lieu of such inservice 20 areas. 21 Section 58. Subsection (4) of section 236.0812, 22 Florida Statutes, is amended to read: 23 236.0812 Medicaid certified school funding 24 maximization.-- 25 (4) Federal Medicaid earnings received as a result of 26 funds certified pursuant to this section shall be deposited 27 into the Medicaid Earnings Trust Fund, if created by law, 28 otherwise in the Educational Aids Trust Fund. Of the funds 29 earned by each district, not less than 25 percent shall be 30 used to enhance the district's exceptional student education 31 nongifted programs. The remaining funds shall be used by the 136 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 district in areas which directly impact on classroom 2 activities. However, if Committee Substitute for Committee 3 Substitute for House Bill 165 or similar legislation becomes 4 law, up to $150,000 of any funds which may become available as 5 a result of a district certifying state or local education 6 funds to earn federal Medicaid match may be allocated to each 7 of the five school districts whose school improvement plans, 8 pursuant to s. 230.23(16)(18), include the establishment of a 9 school of the 21st century. 10 Section 59. Section 236.0842, Florida Statutes, is 11 hereby repealed. 12 Section 60. Paragraph (b) of subsection (4) of section 13 236.1228, Florida Statutes, is amended to read: 14 236.1228 Accountability program grants.-- 15 (4) STATEWIDE INDICATORS.-- 16 (b) The statewide indicators are: 17 1. Improve graduation rate.--The statewide goal is to 18 achieve a graduation rate of 85 percent by 1992. The graduate 19 rate will be calculated as defined in s. 228.041(41) 20 232.2468(1)(a). The district annual graduation rate indicator 21 shall be at least an increase of one percentage point or 22 one-third of the difference between the second preceding year 23 and 85 percent, whichever is greater. 24 2. Improve dropout rate.--The statewide goal is to 25 achieve a dropout rate in high school of 4 percent or less by 26 1992. The dropout rate will be calculated as defined in s. 27 228.041(43) 232.2468(1)(c). The district and high school 28 annual dropout rate indicator for the high school shall be 6 29 percent or less and the district average shall be 4 percent or 30 less for grades 9 through 12. 31 137 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 3. Improve promotion rate.--The statewide goal is to 2 achieve a 95-percent promotion rate from grade to grade in 3 grades 9 through 12 by 1992. The district and high school 4 annual promotion rate indicator for the high school from grade 5 to grade in grades 9 through 12 shall be 94 percent or higher 6 and the district average shall be 95 percent or higher for 7 grades 9 through 12. 8 4. Increase enrollment in and completion of upper 9 level science courses.--The statewide goal is to have 20 10 percent or more of the high school students enrolled in and 11 completing level 3 science courses, 55 percent or more of the 12 high school students enrolled in level 2 science courses, and 13 20 percent or less of the high school students enrolled in 14 level 1 science courses by 1992. Components of the district 15 and high school annual science enrollment indicator are: 16 a. For level 3 science courses, the high school shall 17 have 15 percent or more of the grades 9 through 12 students 18 enrolled in level 3 science courses and the district average 19 shall be 20 percent or more of the grades 9 through 12 20 students enrolled in level 3 science courses; 21 b. For level 2 science courses, the high school shall 22 have 45 percent or more of the grades 9 through 12 students 23 enrolled in level 2 science courses and the district average 24 shall be 55 percent or more of the grades 9 through 12 25 students enrolled in level 2 science courses; and 26 c. For level 1 science courses, the high school shall 27 have 30 percent or less of the grades 9 through 12 students 28 enrolled in level 1 science courses and the district average 29 shall be 20 percent or less of the grades 9 through 12 30 students enrolled in level 1 science courses. 31 138 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 5. Increase enrollment in and completion of upper 2 level mathematics courses.--The statewide goal is to have 15 3 percent or more of the high school students enrolled in and 4 completing level 3 mathematics courses, 50 percent or more of 5 the high school students enrolled in level 2 mathematics 6 courses, and 30 percent or less of the high school students 7 enrolled in level 1 mathematics courses by 1992. Components of 8 the district and high school annual mathematics enrollment 9 indicator are: 10 a. For level 3 mathematics courses, the high school 11 shall have 10 percent or more of the grades 9 through 12 12 students enrolled in level 3 mathematics courses and the 13 district average shall be 15 percent or more of the grades 9 14 through 12 students enrolled in level 3 mathematics courses; 15 b. For level 2 mathematics courses, the high school 16 shall have 40 percent or more of the grades 9 through 12 17 students enrolled in level 2 mathematics courses and the 18 district average shall be 50 percent or more of the grades 9 19 through 12 students enrolled in level 2 mathematics courses; 20 and 21 c. For level 1 mathematics courses, the high school 22 shall have 40 percent or less of the grades 9 through 12 23 students enrolled in level 1 mathematics courses and the 24 district average shall be 30 percent or less of the grades 9 25 through 12 students enrolled in level 1 mathematics courses. 26 6. Improve utilization of postsecondary feedback 27 report.--The statewide goal is to reduce annually the high 28 school's graduates who are enrolled in a degree program and 29 are referred for remediation in mathematics, reading, and 30 writing in public colleges and universities by 50 percent of 31 the number for the second preceding year. The district and 139 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 high school annual referrals for remediation indicators for 2 high school shall be a reduction of 40 percent or more and the 3 district's average reduction shall be 50 percent or more of 4 the number for the second preceding year. 5 Section 61. Paragraph (b) of subsection (2) of section 6 236.24, Florida Statutes, is amended to read: 7 236.24 Sources of district school fund.-- 8 (2) 9 (b)1. Securities purchased by any such school board 10 under the authority of this law shall be delivered by the 11 seller to the school board or its appointed safekeeper. The 12 safekeeper shall be a qualified bank or trust company 13 chartered to operate as such by the State of Florida or the 14 United States Government. The safekeeper shall issue 15 documentation trust receipts for each transaction, and a 16 monthly statement detailing all transactions for the period. 17 2. Securities physically delivered to the school board 18 shall be placed in a safe-deposit box in a bank or other 19 institution located within the county and duly licensed and 20 insured. Withdrawals from such safe-deposit box shall be only 21 by persons duly authorized by resolution of the school board. 22 3. The school board may also receive bank trust 23 receipts in return for investment of surplus funds in 24 securities. Any trust receipts received must enumerate the 25 various securities held together with the specific number of 26 each security held. The actual securities on which the trust 27 receipts are issued may be held by any bank depository 28 chartered by the United States Government or the State of 29 Florida or their designated agents. 30 Section 62. Subsection (7) of section 239.101, Florida 31 Statutes, is amended to read: 140 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 239.101 Legislative intent.-- 2 (7) The Legislature finds that career education is a 3 crucial component of the educational programs conducted within 4 school districts and community colleges. Accordingly, career 5 education must be represented in accountability processes 6 undertaken for educational institutions. It is the intent of 7 the Legislature that the vocational standards articulated in 8 s. 239.229(2) be considered in the development of 9 accountability measures for public schools pursuant to ss. 10 229.591, 229.592, 229.593, 229.594, and 230.23(16)(18) and for 11 community colleges pursuant to s. 240.324. 12 Section 63. Subsections (1) and (3) of section 13 239.229, Florida Statutes, are amended to read: 14 239.229 Vocational standards.-- 15 (1) The purpose of career education is to enable 16 students who complete vocational programs to attain and 17 sustain employment and realize economic self-sufficiency. The 18 purpose of this section is to identify issues related to 19 career education for which school boards and community college 20 boards of trustees are accountable. It is the intent of the 21 Legislature that the standards articulated in subsection (2) 22 be considered in the development of accountability standards 23 for public schools pursuant to ss. 229.591, 229.592, 229.593, 24 229.594, and 230.23(16)(18) and for community colleges 25 pursuant to s. 240.324. 26 (3) Each area technical center operated by a school 27 board shall establish a center advisory council pursuant to s. 28 229.58. The center advisory council shall assist in the 29 preparation and evaluation of center improvement plans 30 required pursuant to s. 230.23(16)(18) and may provide 31 assistance, upon the request of the center director, in the 141 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 preparation of the center's annual budget and plan as required 2 by s. 229.555(1). 3 Section 64. Subsection (3) of section 397.405, Florida 4 Statutes, is amended to read: 5 397.405 Exemptions from licensure.--The following are 6 exempt from the licensing provisions of this chapter: 7 (3) A substance abuse education program established 8 pursuant to s. 233.061 233.067. 9 Section 65. Subsection (2) of section 402.22, Florida 10 Statutes, 1996 Supplement, is amended to read: 11 402.22 Education program for students who reside in 12 residential care facilities operated by the Department of 13 Health and Rehabilitative Services.-- 14 (2) District school boards shall establish educational 15 programs for all students ages 5 through 18 under the 16 residential care of the Department of Health and 17 Rehabilitative Services and may provide for students below age 18 3 5 as provided for in s. 232.01(1)(e). Funding of such 19 programs shall be pursuant to s. 236.081. 20 Section 66. Paragraph (a) of subsection (5) of section 21 415.5015, Florida Statutes, is amended to read: 22 415.5015 Child abuse prevention training in the 23 district school system.-- 24 (5) PREVENTION TRAINING CENTERS; FUNCTIONS; SELECTION 25 PROCESS; MONITORING AND EVALUATION.-- 26 (a) Each training center shall perform the following 27 functions: 28 1. Act as a clearinghouse to provide information on 29 prevention curricula which meet the requirements of this 30 section and the requirements of ss. 231.17, 233.011(3)(a), 31 236.0811, and 415.501. 142 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 2. Assist the local school district in selecting a 2 prevention program model which meets the needs of the local 3 community. 4 3. At the request of the local school district, design 5 and administer training sessions to develop or expand local 6 primary prevention and training programs. 7 4. Provide assistance to local school districts, 8 including, but not limited to, all of the following: 9 administration, management, program development, multicultural 10 staffing, and community education, in order to better meet the 11 requirements of this section and of ss. 231.17, 233.011(3)(a), 12 236.0811, and 415.501. 13 5. At the request of the Department of Education or 14 the local school district, provide ongoing program development 15 and training to achieve all of the following: 16 a. Meet the special needs of children, including, but 17 not limited to, the needs of disabled and high-risk children. 18 b. Conduct an outreach program to inform the 19 surrounding communities of the existence of primary prevention 20 and training programs and of funds to conduct such programs. 21 6. Serve as a resource to the Department of Health and 22 Rehabilitative Services and its districts. 23 Section 67. Subsection (2) of section 450.121, Florida 24 Statutes, is amended to read: 25 450.121 Enforcement of Child Labor Law.-- 26 (2) It is the duty of the division and its agents and 27 all sheriffs or other law enforcement officers of the state or 28 of any municipality of the state to enforce the provisions of 29 this law, to make complaints against persons violating its 30 provisions, and to prosecute violations of the same. The 31 division and its agents have authority to enter and inspect at 143 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 any time any place or establishment covered by this law and to 2 have access to age certificates kept on file by the employer 3 and such other records as may aid in the enforcement of this 4 law. A designated school representative acting in accordance 5 with Attendance assistants employed pursuant to s. 232.17 6 shall report to the division all violations of the Child Labor 7 Law that may come to his or her their knowledge. 8 Section 68. Subsection (12) of section 493.6102, 9 Florida Statutes, 1996 Supplement, is amended to read: 10 493.6102 Inapplicability of parts I through IV of this 11 chapter.--This chapter shall not apply to: 12 (12) Any person who is a school crossing guard 13 employed by a third party hired by a city or county and 14 trained in accordance with s. 316.75 234.302. 15 Section 69. Subsection (2) of section 561.025, Florida 16 Statutes, is amended to read: 17 561.025 Alcoholic Beverage and Tobacco Trust 18 Fund.--There is created within the State Treasury the 19 Alcoholic Beverage and Tobacco Trust Fund. All funds collected 20 by the division under ss. 210.15, 210.40, or under s. 569.003 21 and the Beverage Law with the exception of state funds 22 collected pursuant to ss. 561.501, 563.05, 564.06, and 565.12 23 shall be deposited in the State Treasury to the credit of the 24 trust fund, notwithstanding any other provision of law to the 25 contrary. Moneys deposited to the credit of the trust fund 26 shall be used to operate the division and to provide a 27 proportionate share of the operation of the office of the 28 secretary and the Division of Administration of the Department 29 of Business and Professional Regulation; except that: 30 (2) Ten percent of the revenues derived from retail 31 tobacco products dealer permit fees collected under s. 569.003 144 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 137 185-684-97 1 shall be transferred to the Department of Education to provide 2 for teacher training and for research and evaluation to reduce 3 and prevent the use of tobacco products by children, pursuant 4 to s. 233.067(4). 5 Section 70. This act shall take effect July 1, 1997. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 145 CODING: Words stricken are deletions; words underlined are additions.