CODING: Words stricken are deletions; words underlined are additions.House Bill 0137
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1
2 An act relating to education; amending s.
3 230.03, F.S., relating to management of the
4 district school system; correcting a cross
5 reference; repealing s. 230.105(9), F.S.,
6 relating to ballot proposition wording for
7 single-member representation for district
8 school boards; amending s. 230.22, F.S.;
9 revising provisions relating to general powers
10 of school boards; amending s. 230.23, F.S.;
11 revising provisions relating to powers and
12 duties of school boards; amending s. 230.2301,
13 F.S.; revising provisions relating to parent
14 meetings with school district personnel;
15 amending s. 230.2305, F.S.; revising provisions
16 relating to the prekindergarten early
17 intervention program; repealing s. 230.23135,
18 F.S., relating to the Florida Council on
19 Student Services; amending s. 230.2316, F.S.;
20 revising provisions relating to dropout
21 prevention; deleting definitions, certain
22 program criteria, and provisions requiring
23 program plans and staff development; amending
24 s. 230.23161, F.S.; correcting a cross
25 reference; amending s. 230.2317, F.S.; revising
26 provisions relating to multiagency services for
27 students with severe emotional disturbance;
28 amending s. 230.2318, F.S.; authorizing school
29 resource officer programs; deleting program
30 purposes and plan requirements; amending s.
31 230.303, F.S.; deleting obsolete language;
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 amending s. 230.33, F.S.; revising provisions
2 relating to duties and responsibilities of
3 superintendents; amending s. 230.331, F.S.,
4 relating to reproduction and destruction of
5 district school records; amending s. 230.35,
6 F.S., relating to schools under the control of
7 the school board and superintendent; repealing
8 ss. 230.59, 230.655, and 230.71, F.S., relating
9 to educational communications systems,
10 education programs in correctional facilities,
11 and intergenerational school volunteer
12 programs; amending s. 232.01, F.S., and
13 repealing ss. 232.04 and 232.045, F.S.;
14 combining provisions relating to school
15 attendance requirements; amending s. 232.021,
16 F.S.; conforming provisions; amending s.
17 232.0225, F.S.; revising provisions relating to
18 absence for religious instruction or holidays;
19 repealing s. 232.023, F.S., relating to
20 falsification of attendance records; amending
21 s. 232.03, F.S.; correcting cross references;
22 repealing s. 232.032(2) and 232.034, F.S.,
23 relating to an investigation of tuberculosis
24 incidence and a medical exemption for
25 transporting students; amending s. 232.06,
26 F.S.; revising provisions relating to school
27 attendance certificates of exemption; amending
28 s. 232.09, F.S.; correcting a cross reference;
29 repealing ss. 232.10, 232.13, and 232.165,
30 F.S., relating to explanation of student
31 absence, reports of exceptional children, and
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 nonissuance or suspension of driver's license
2 based on student enrollment; amending s.
3 232.17, F.S.; revising provisions relating to
4 enforcement of school attendance; deleting
5 reference to attendance assistants; amending s.
6 232.19, F.S.; conforming provisions; repealing
7 ss. 232.245(2) and (3) and 232.2452, F.S.,
8 relating to requirements for school district
9 programs for pupil progression and report
10 cards; repealing s. 232.2461, F.S., relating to
11 model curriculum standards; amending s.
12 232.2462, F.S.; deleting attendance
13 requirements for receipt of high school credit;
14 amending s. 232.2468, F.S., and repealing
15 subsections (2) and (3), relating to
16 graduation, habitual truancy, and dropout
17 rates; repealing ss. 232.257 and 232.258, F.S.,
18 relating to the School Safety Program and
19 school and community resource grants; amending
20 s. 232.271, F.S.; conforming provisions;
21 repealing ss. 232.276, 232.3015, 232.303, and
22 232.304, F.S., relating to parenting workshops,
23 outreach programs, interagency student
24 services, and multiagency coordinating
25 councils; repealing s. 233.011, F.S., relating
26 to accountability in curriculum, instructional
27 materials, and testing; amending s. 233.061,
28 F.S.; revising provisions relating to required
29 instruction; creating s. 233.0612, F.S.;
30 providing authorized instruction; repealing ss.
31 233.0615, 233.06411, 233.0645, 233.065,
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 233.0661, 233.0662, 233.0663(2), (3), (4), (5),
2 (6), and (7), 233.067, 233.0671, and 233.068(3)
3 and (4), F.S., relating to a character
4 development and law education program, a free
5 enterprise and consumer education program,
6 voting instruction, patriotic programs, certain
7 requirements of the drug abuse and resistance
8 education program, comprehensive health
9 education and substance abuse prevention,
10 courses of study in the care of nursing home
11 patients, and planning and implementation of a
12 career development and applied technology
13 program; amending s. 233.07, F.S.; deleting
14 obsolete language; renumbering s. 234.041,
15 F.S., 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.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 transactions; repealing s. 236.0842, F.S.,
2 relating to approval for dropout prevention
3 programs, to conform; transferring certain
4 functions from the State Board of Education to
5 the Commissioner of Education; amending s.
6 11.42, F.S., relating to the Auditor General;
7 conforming a cross-reference; amending s.
8 20.15, F.S.; revising duties of the State Board
9 of Education; providing for the Commissioner of
10 Education rather than the State Board of
11 Education to head the Department of Education;
12 providing for the appointment of a Deputy
13 Commissioner for Educational Programs;
14 providing for the appointment of a Deputy
15 Commissioner for Planning, Budgeting, and
16 Management; providing for the Commissioner of
17 Education rather than the State Board of
18 Education to appoint the councils and
19 committees within the Department of Education;
20 amending s. 228.03, F.S., relating to the scope
21 of the state school system; amending s.
22 228.041, F.S.; granting the Commissioner of
23 Education rulemaking authority for certain
24 programs; amending s. 228.062, F.S.; requiring
25 the commissioner to adopt rules to implement
26 the migrant education program; amending s.
27 228.081, F.S.; requiring the State Board of
28 Education and the department to provide certain
29 assistance for educational programs of the
30 Department of Juvenile Justice; amending s.
31 228.086, F.S., relating to regional centers of
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 excellence in mathematics, science, computers,
2 technology, and global awareness; deleting
3 certain requirements; amending s. 228.088,
4 F.S.; requiring the commissioner to adopt rules
5 relating to utilization of security programs;
6 amending s. 228.092, F.S., relating to
7 retention of records of nonpublic school
8 students; amending s. 228.195, F.S.; requiring
9 the commissioner to prescribe rules for school
10 food service programs; amending s. 228.301,
11 F.S.; providing for security of tests
12 administered by commissioner; amending s.
13 228.502, F.S.; requiring the commissioner to
14 adopt rules for administration of Education
15 Success Incentive program; amending s. 229.011,
16 F.S.; revising certain functions of the state
17 with respect to public education; amending s.
18 229.053, F.S.; revising the powers and duties
19 of the State Board of Education; requiring the
20 State Board of Education to establish a
21 clearinghouse for information on economic
22 development; amending s. 229.085, F.S.,
23 relating to the custody of educational funds;
24 amending s. 229.111, F.S.; providing for the
25 Commissioner of Education to assume the duties
26 of the State Board of Education with respect to
27 the acceptance of gifts; amending s. 229.512,
28 F.S.; revising the duties of the Commissioner
29 of Education; creating s. 229.515, F.S.;
30 authorizing the commissioner to adopt rules
31 having the effect of law; amending s. 229.559,
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 F.S., relating to the use of student's social
2 security numbers; deleting obsolete provisions;
3 amending s. 229.565, F.S.; deleting a
4 requirement that the State Board of Education
5 approve standards of excellence; deleting
6 requirements for an evaluation of the Florida
7 Primary Education Program; amending s. 229.57,
8 F.S.; revising requirements of the student
9 assessment program; amending s. 229.59, F.S.;
10 requiring the commissioner to adopt rules
11 relating to submission of educational
12 improvement projects; amending s. 229.591,
13 F.S.; deleting the name "Blueprint 2000";
14 amending s. 229.592, F.S., relating to school
15 improvement and education accountability;
16 deleting obsolete provisions; revising
17 provisions relating to exceptions to law;
18 amending s. 229.593, F.S., relating to the
19 Florida Commission on Education Reform and
20 Accountability; amending s. 229.594, F.S.;
21 deleting obsolete provisions; providing the
22 commissioner's role in reviewing components of
23 school improvement and accountability; amending
24 s. 229.602, F.S.; replacing the term "career
25 education" with the term "vocational
26 education"; amending ss. 229.75, 229.76, F.S.;
27 revising duties of the State Board of Education
28 to conform to changes made by the act; amending
29 s. 229.771, F.S.; providing for removal from
30 office by the State Board of Education;
31 amending s. 229.805, F.S.; requiring provision
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 of educational television in accordance with
2 rules adopted by the commissioner; amending s.
3 229.8051, F.S.; requiring the commissioner to
4 adopt rules for administration of the state
5 public broadcasting system; amending s. 230.03,
6 F.S.; providing commissioner's rulemaking
7 authority regarding the district school system;
8 amending s. 230.22, F.S.; providing
9 commissioner's rulemaking authority regarding
10 the operation of school districts; amending s.
11 230.23, F.S.; requiring the commissioner to
12 prescribe rules for various programs of school
13 districts; amending s. 230.2305, F.S., relating
14 to the prekindergarten early intervention
15 program; deleting a cross reference; amending
16 s. 230.2316, F.S.; providing for rules of the
17 commissioner relating to second chance schools
18 and add-on certification programs; amending s.
19 230.23166, F.S.; requiring the commissioner to
20 adopt rules to implement teenage parent
21 program; amending s. 230.2318, F.S.; requiring
22 the commissioner to adopt rules to implement
23 the school resource officer program; amending
24 s. 230.32, F.S.; providing commissioner's
25 authority to adopt rules and to set minimum
26 standards for school operational programs;
27 amending s. 230.321, F.S.; providing
28 commissioner's authority to prescribe duties of
29 superintendents; amending s. 230.33, F.S.;
30 providing commissioner's authority over
31 superintendents; amending s. 230.64, F.S.;
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 requiring the commissioner to prescribe minimum
2 standards for area technical centers; amending
3 s. 230.71, F.S.; requiring the commissioner to
4 adopt rules implementing intergenerational
5 school volunteer programs; amending s. 232.01,
6 F.S.; requiring rules of the commissioner
7 relating to school attendance; amending s.
8 232.23, F.S.; providing that procedures for
9 maintenance and transfer of pupil records shall
10 be as prescribed by rules of the commissioner;
11 amending s. 232.2468, F.S.; authorizing the
12 commissioner to adopt rules relating to
13 graduation, habitual truancy, and dropout
14 rates; amending s. 232.247, F.S.; requiring
15 rules of the commissioner relating to special
16 high school graduation requirements for
17 exceptional students; amending s. 232.25, F.S.;
18 requiring rules of the commissioner relating to
19 pupils subject to the control of the school;
20 amending s. 232.303, F.S.; authorizing the
21 commissioner to adopt rules relating to
22 interagency student services; amending s.
23 232.435, F.S.; requiring the commissioner to
24 approve courses relating to athletic trainers;
25 amending s. 233.011, F.S.; authorizing the
26 commissioner to develop rules to implement
27 accountability provisions; amending s. 233.015,
28 F.S.; requiring the commissioner to adopt rules
29 for conducting purges of courses; amending s.
30 233.056, F.S.; requiring rules of the
31 commissioner relating to operation of
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 instructional programs for visually impaired
2 students and deaf or hard-of-hearing students;
3 amending s. 233.058, F.S.; requiring the
4 commissioner to adopt rules for English
5 language instruction for limited English
6 proficient students; amending s. 233.061, F.S.;
7 providing the commissioner and the state board
8 authority to adopt rules prescribing required
9 instruction; amending s. 233.067, F.S.;
10 providing that administration of the
11 comprehensive health education and substance
12 abuse prevention program be pursuant to rules
13 adopted by the commissioner; amending s.
14 233.115, F.S.; providing for adoption of
15 instructional materials by the commissioner;
16 amending s. 233.17, F.S.; authorizing the
17 commissioner to approve by rule certain terms
18 of adoption; amending s. 233.37, F.S.;
19 providing for rules of the commissioner
20 regarding the disposal of instructional
21 materials; amending s. 233.39, F.S.; requiring
22 the commissioner to prescribe rules for the
23 renovation and repair of textbooks; amending s.
24 234.01, F.S.; providing for transportation of
25 students pursuant to rules adopted by the
26 commissioner; amending s. 234.02, F.S.;
27 providing for rules of the commissioner for the
28 safety and health of pupils being transported
29 by the school district; amending s. 234.03,
30 F.S.; providing for rules of the commissioner
31 relating to tort liability; amending s.
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 234.051, F.S.; requiring the commissioner to
2 prescribe safety specifications for school
3 buses; amending s. 234.091, F.S.; requiring the
4 commissioner to prescribe general
5 qualifications for school bus drivers; amending
6 s. 234.101, F.S.; requiring the commissioner to
7 adopt requirements for school bus drivers;
8 amending s. 234.301, F.S.; authorizing the
9 commissioner to adopt rules for school bus pool
10 purchases; amending s. 235.01, F.S.; requiring
11 the commissioner to adopt rules for
12 implementation of the Educational Facilities
13 Act; amending s. 235.04, F.S.; requiring the
14 commissioner to adopt rules for the disposal of
15 real property; amending s. 235.056, F.S.;
16 providing for commissioner's requirements for
17 educational facilities; amending s. 235.06,
18 F.S.; directing the commissioner to adopt and
19 administer rules prescribing safety and health
20 standards for occupants of educational
21 facilities; amending s. 235.19, F.S.; directing
22 the commissioner to adopt rules for site
23 planning and selection; amending s. 235.211,
24 F.S.; providing for the commissioner to set
25 standards for educational facilities; amending
26 s. 235.26, F.S.; requiring the commissioner to
27 adopt the uniform building code for public
28 educational facilities construction and
29 granting the commissioner final review of
30 questions, disputes, or interpretations of the
31 uniform code; amending s. 235.31, F.S.;
11
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 providing for rules of the commissioner
2 relating to prequalification of bidders;
3 amending s. 235.32, F.S.; providing for rules
4 of the commissioner relating to building
5 specifications; amending s. 236.02, F.S.;
6 providing for rules of the commissioner
7 relating to reports, minimum term of operation
8 of schools, employment of personnel, salary
9 schedules, and budgets; amending s. 236.0801,
10 F.S.; providing for commissioner approval of
11 education goal; amending s. 236.081, F.S.;
12 requiring rules of the commissioner relating to
13 funding of public schools; amending s.
14 236.0811, F.S.; requiring rules of the
15 commissioner relating to a school board's
16 master plan for inservice educational training;
17 amending s. 236.083, F.S.; requiring rules of
18 the commissioner for determination of annual
19 allocation for student transportation; amending
20 s. 236.0841, F.S.; providing for rules of the
21 commissioner regarding employment of certain
22 personnel; amending s. 236.1225, F.S.;
23 providing for rules of the commissioner for
24 governing the gifted education grants program;
25 amending s. 236.13, F.S.; providing for rules
26 of the commissioner governing the expenditure
27 of funds by school boards; amending s. 236.685,
28 F.S.; providing for rules of the commissioner
29 relating to teacher-to-student ratio or class
30 size; amending s. 237.211, F.S.; requiring the
31 commissioner to adopt rules prescribing minimum
12
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 security standards for the direct deposit of
2 funds; amending s. 237.40, F.S.; providing for
3 rules of the commissioner relating to annual
4 audit of direct-support organizations; amending
5 s. 316.615, F.S.; providing for rules of the
6 commissioner relating to physical examination
7 requirements for school bus operators;
8 providing that certain rules of the state board
9 in effect June 30, 1997, shall remain in effect
10 until amended or revoked; amending s. 228.121,
11 F.S.; correcting a cross-reference; repealing
12 s. 228.0617, F.S., relating to the school age
13 childcare incentives program; repealing s.
14 228.085, F.S., relating to the state
15 comprehensive plan for mathematics, science,
16 and computer education; providing an effective
17 date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsections (2) and (4) of section 230.03,
22 Florida Statutes, are amended to read:
23 230.03 Management, control, operation, administration,
24 and supervision.--The district school system shall be managed,
25 controlled, operated, administered, and supervised as follows:
26 (4) PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for
27 the administration of any school or schools at a given school
28 center, for the supervision of instruction therein, and for
29 providing leadership in the development or revision and
30 implementation of a school improvement plan required pursuant
31 to s. 230.23(16)(18) shall be delegated to the principal or
13
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 head of the school or schools as hereinafter set forth and in
2 accordance with rules established by the school board.
3 Section 2. Subsection (9) of section 230.105, Florida
4 Statutes, is hereby repealed.
5 Section 3. Section 230.22, Florida Statutes, is
6 amended to read:
7 230.22 General powers of school board.--The school
8 board, after considering recommendations submitted by the
9 superintendent, shall exercise the following general powers:
10 (1) DETERMINE POLICIES AND PROGRAMS.--The school board
11 shall Determine and adopt such policies and programs as are
12 deemed necessary by it for the efficient operation and general
13 improvement of the district school system.
14 (2) ADOPT RULES AND REGULATIONS.--The school board
15 shall Adopt such rules and regulations to supplement those
16 prescribed by the state board as in its opinion will
17 contribute to the more orderly and efficient operation of the
18 district school system.
19 (3) PRESCRIBE MINIMUM STANDARDS.--Prescribe and The
20 school board shall adopt such minimum standards as are
21 considered desirable by it for improving the district school
22 system.
23 (4) CONTRACT, SUE, AND BE SUED.--Contract, sue, and be
24 sued. The school board shall constitute the contracting agent
25 for the district school system. It may, when acting as a
26 body, make contracts, also sue and be sued in the name of the
27 school board; provided, that in any suit, a change in
28 personnel of the school board shall not abate the suit, which
29 shall proceed as if such change had not taken place.
30 (5) PERFORM DUTIES AND EXERCISE RESPONSIBILITY.--The
31 school board may Perform those duties and exercise those
14
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 responsibilities which are assigned to it by law or by rules
2 regulations of the state board and, in addition thereto, those
3 which it may find to be necessary for the improvement of the
4 district school system in carrying out the purposes and
5 objectives of the school code. The Legislature recognizes the
6 necessity for well informed school board members and the
7 benefits to education that may be obtained through board
8 member participation in professional development and training
9 seminars and related activities at the district, state, and
10 national levels.
11 (6) ASSIGNMENT OF STUDENTS TO SCHOOLS.--Assign The
12 school board shall provide for the proper assignment of
13 students to schools and other educational programs
14 administered by the school district or by another agency or
15 private provider through contract with the school board,
16 taking into consideration control of students at school,
17 student safety, placement of students in an appropriate
18 educational program, and maintenance of an educational
19 environment conducive to learning.
20 Section 4. Section 230.23, Florida Statutes, 1996
21 Supplement, is amended to read:
22 230.23 Powers and duties of school board.--The school
23 board, acting as a board, shall exercise all powers and
24 perform all duties listed below:
25 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require
26 the superintendent, as secretary, to keep such minutes and
27 records as are necessary to set forth clearly all actions and
28 proceedings of the school board.
29 (a) Minutes, recording.--The typed minutes of each
30 meeting shall be reviewed, corrected if necessary, and
31 approved at the next regular meeting; provided, that this
15
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 action may be taken at an intervening special meeting if the
2 board desires. The minutes shall be signed by the chair and
3 superintendent after approval and shall be kept as a public
4 record in a permanent location, bound book in the
5 superintendent's office.
6 (b) Minutes, contents.--The minutes shall show the
7 vote of each member present on all matters on which the board
8 takes action. It shall be the duty of each member to see to
9 it that both the matter and his or her vote thereon are
10 properly recorded in the minutes. Unless otherwise shown by
11 the minutes, it shall be presumed that the vote of each member
12 present supported any action taken by the board in either the
13 exercise of, violation of, or neglect of the powers and duties
14 imposed upon the board by law or legal regulation, whether
15 such action is recorded in the minutes or is otherwise
16 established. It shall also be presumed that the policies,
17 appointments, programs, and expenditures not recorded in the
18 minutes but made and actually in effect in the district school
19 system were made and put into effect at the direction of the
20 school board, unless it can be shown that they were done
21 without the actual or constructive knowledge of the members of
22 the board.
23 (2) CONTROL PROPERTY.--Subject to rules regulations of
24 the state board, control retain possession of all property to
25 which title is now held by the school board and to obtain
26 possession of and accept and hold under proper title as a body
27 corporate by the name of "The School Board of .... County,
28 Florida," all property which may at any time be acquired by
29 the school board for educational purposes in the district;
30 manage and dispose of such property to the best interests of
31 education; contract, sue, receive, purchase, acquire by the
16
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 institution of condemnation proceedings if necessary, lease,
2 sell, hold, transmit, and convey the title to real and
3 personal property, all contracts to be based on resolutions
4 previously adopted and spread upon the minutes of the school
5 board; receive, hold in trust, and administer for the purpose
6 designated, money, real and personal property, or other things
7 of value granted, conveyed, devised, or bequeathed for the
8 benefit of the schools of the district or of any one of them.
9 (3) ADOPT SCHOOL PROGRAM.--Adopt a school program for
10 the entire school district Authorize the assembling of all
11 data and the making of school surveys essential to the
12 development of a school program for the entire district and to
13 adopt such a program as the basis for operating the schools,
14 one phase of the program to be a 5-year program and another
15 phase to constitute the annual program.
16 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
17 SCHOOLS.--Adopt and provide for the execution of plans for the
18 establishment, organization, and operation of the schools of
19 the district, including, but not limited to, the following as
20 follows:
21 (a) Schools and enrollment plans attendance
22 areas.--Establish schools and adopt enrollment plans that may
23 include school attendance areas and open enrollment provisions
24 After considering recommendations of the superintendent, to
25 authorize schools to be located and maintained in those
26 communities in the district where they are needed to
27 accommodate, as far as practicable and without unnecessary
28 expense, all the youths who should be entitled to the
29 facilities of such schools and to approve the area from which
30 children are to attend each such school.
31
17
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (b) Elimination of school centers and consolidation of
2 schools.--Provide for the elimination of school centers within
3 the district and for the consolidation of schools whenever the
4 needs of pupils can better and more economically be served at
5 other school centers than those which they have been
6 attending.
7 (c) Adequate educational facilities for all children
8 without tuition.--Provide See that adequate educational
9 facilities are provided through the uniform system of schools
10 for all children without payment of tuition of school age in
11 the district, these facilities to be provided with due regard
12 to the needs of the children on the one hand and to economy on
13 the other.
14 (d) Cooperate with boards of adjoining districts in
15 maintaining schools.--Approve plans for cooperating with
16 school boards of adjoining districts in this state or in
17 adjoining states for establishing school attendance areas
18 composed of territory lying within the districts and for the
19 joint maintenance of district-line schools or other schools
20 which are to serve those attendance areas. The conditions of
21 such cooperation shall be as follows:
22 1. Establishment.--The establishment of a school to
23 serve attendance areas lying in more than one district and the
24 plans for maintaining the school and providing educational
25 services to pupils shall be effected by annual resolutions
26 spread upon the minutes of each school board concerned, which
27 resolutions shall set out the territorial limits of the areas
28 from which children are to attend the school and the plan to
29 be followed in maintaining and operating the school.
30 2. Control.--Control of the school or schools involved
31 shall be vested in the school board of the district in which
18
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the school or schools are located unless otherwise agreed by
2 the school boards.
3 3. Settlement of disagreements.--In the event an
4 agreement cannot be reached relating to such attendance areas
5 or to the school or schools therein, the matter may be
6 referred jointly by the cooperating school boards or by either
7 school board to the Department of Education for decision under
8 regulations of the state board, and its decision shall be
9 binding on both school boards.
10 (e) Classification and standardization of
11 schools.--Provide for the classification and standardization
12 of schools Adopt plans and regulations for determining those
13 school centers at which work is to be restricted to the
14 elementary grades, school centers at which work is to be
15 offered only in the high school grades, and school centers at
16 which work is to be offered in any or all grades, and in
17 accordance with such plans and regulations to determine the
18 grade or grades in which work is to be offered at each school
19 center; approve standards and regulations for classifying and
20 standardizing the various schools of the district on such
21 basis as to furnish incentive for the improvement of all
22 schools.
23 (f) Opening and closing of schools; fixing uniform
24 date.--Adopt policies Fix, insofar as possible, a uniform date
25 each year for the opening and closing of all schools and fix
26 uniform dates. under its control, on which date, unless
27 otherwise authorized by the school board, all schools shall
28 open, in order that the keeping of records, the making of
29 reports, the payment of salaries, and the supervision of
30 instruction may be facilitated; and fix the closing date for
31 all schools in the district, these dates to be so determined
19
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 as to assure, as far as practicable, uniform terms for all
2 schools in the district; adopt rules for the closing of
3 schools during an emergency and to provide for the payment of
4 salaries to the members of the instructional staff on such
5 occasions. However, notwithstanding any of the foregoing, any
6 school board may in its discretion operate any or all of the
7 district schools on an extended term basis, provided the board
8 notifies the Commissioner of Education of its plans for an
9 extended school year on or before January 1 preceding the
10 extended school term. However, notwithstanding any of the
11 foregoing, any school board may, in its discretion, operate
12 any of the district schools on a quarterly basis; provided
13 that:
14 1. All educational requirements required by law are
15 complied with.
16 2. Any school board so instituting a 12-month school
17 program shall have full authority in the assignment of pupils
18 to equalize the number of pupils attending the schools during
19 any student attendance period, in order to utilize school
20 facilities to the maximum extent on a year-round basis, and
21 shall also have full authority to enter into contracts with
22 principals, teachers, and other school personnel for
23 employment on a 12-month basis at the same rate of monthly
24 compensation.
25 3. Such school board, when classroom facilities and
26 teacher availability permit, may allow the parents or guardian
27 of any child the choice of such child attending all or any
28 particular three out of the four quarters during the year or,
29 if a quinmester plan is operational, all or any four out of
30 five quinmesters.
31
20
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 4. Any school board planning a 12-month school program
2 shall notify the Department of Education of such plans on or
3 before January 1 preceding the school year in which the plan
4 is to become operative.
5 (g) Observance of school holidays and vacation
6 periods.--Approve and Designate the observance of school
7 holidays to be observed during the year, except for
8 emergencies, and approve and designate the school vacation
9 periods.
10 (h) Vocational classes and schools.--Provide for the
11 establishment and maintenance of vocational schools,
12 departments, or classes, giving instruction in career
13 education as defined by regulations of the state board, and
14 use any moneys raised by public taxation in the same manner as
15 moneys for other school purposes are used for the maintenance
16 and support of public schools or classes.
17 (i) School boards authorized to establish public
18 evening schools.--Have the authority to The school boards in
19 the state may establish and maintain, in the respective
20 districts, public evening schools, elementary or high, as a
21 branch of the public school system of the district; and such
22 evening schools, when so maintained, shall be available to all
23 residents of the state, native or foreign-born, who, for any
24 satisfactory cause, have been unable to attend any day public
25 school of the district; and all evening schools so maintained
26 shall be under the direction and control of the school board
27 and the superintendent and shall be subject to the same laws,
28 rules, and regulations prescribed for the conduct of day
29 schools in the district in which such evening schools are
30 maintained; and the expense thereof shall be paid out of the
31 district school fund.
21
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (j) Cooperate with other agencies in joint
2 projects.--Cooperate with other agencies in joint projects.
3 Adopt plans for cooperating with school boards of other
4 districts in this state or in adjoining states or with other
5 governmental agencies or with nonprofit corporations as
6 provided in this act for such joint projects or activities as
7 may be authorized by regulations of the state board. The
8 conditions of such cooperation shall be as follows:
9 1. Establishment.--The project or activity shall be
10 initiated by resolutions spread upon the minutes of each
11 school board concerned.
12 2. Control.--The control and ownership of any physical
13 property and the control and administration of any project or
14 activity engaged in under the provisions of this section shall
15 be vested in the school board of the district of location
16 unless otherwise agreed by the school boards or unless the
17 project or activity is undertaken as authorized in
18 subparagraph 3.
19 3. Other agencies.--The school board may, by rule,
20 engage in a contractual relationship with other school
21 districts, with governmental agencies, with other agencies
22 that provide services to youth involved in the juvenile
23 justice system pursuant to chapter 39, or with nonprofit
24 corporations which have been formed and incorporated for the
25 purpose of providing a cooperative educational service to the
26 districts.
27 4. Settlement of disagreements.--In the event an
28 agreement cannot be reached relating to any phase of the
29 project or activity, the matter may be referred jointly by the
30 cooperating school boards, or by any individual school board
31 of the cooperating districts, to the Department of Education
22
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 for decision under regulations of the state board, and its
2 decision shall be binding on all school boards of the
3 cooperating districts.
4 (k) Planning time for teachers.--The board may adopt
5 plans and regulations which will make provisions for teachers
6 to have time for lunch and some planning time when they will
7 not be directly responsible for the children; provided that
8 some adult supervision will be furnished for the students
9 during such periods.
10 (l) Comprehensive program of staff
11 development.--Establish Develop a comprehensive program of
12 staff development. Such program shall include all services
13 provided under the direction of the board and shall make
14 adequate provision for the proper funding of such program.
15 Such program shall make adequate provision for personnel
16 exchange programs to encourage staff in technical and
17 vocational programs to periodically update their skills
18 through employment experience in government and industry. The
19 salary and benefits of district and state personnel
20 participating in an exchange program shall be continued during
21 the period of time they participate in the exchange program.
22 Such personnel shall have no break in creditable or continuous
23 state service or employment during the period of time in which
24 they participate in an exchange program. The salary and
25 benefits of all persons participating in such exchange
26 programs who are not employed by the district shall be paid by
27 the originating employers of those participants. The duties
28 and responsibilities of a person participating in an exchange
29 program shall be the same as those of the person he or she
30 replaces.
31
23
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (m) Exceptional students.--Provide for an appropriate
2 program of special instruction, facilities, and services for
3 exceptional students as prescribed by the state board as
4 acceptable, including provisions that:
5 1. The school board provide the necessary professional
6 services for diagnosis and evaluation of exceptional students.
7 2. The school board provide the special instruction,
8 classes, and services, either within the district school
9 system, in cooperation with other district school systems, or
10 through contractual arrangements with approved nonpublic
11 schools or community facilities which meet standards
12 established by the state board.
13 3. The school board annually provide information
14 describing the Florida School for the Deaf and the Blind and
15 all other programs and methods of instruction available to the
16 parent or guardian of a sensory-impaired student.
17 4. The school board, once every 3 years, submit to the
18 department its proposed procedures for the provision of
19 special instruction and services for exceptional students.
20 5. No student be given special instruction or services
21 as an exceptional student until after he or she has been
22 properly evaluated, classified, and placed in the manner
23 prescribed by rules of the state board. The parent or guardian
24 of an exceptional student evaluated and placed or denied
25 placement in a program of special education shall be notified
26 of each such evaluation and placement or denial. Such notice
27 shall contain a statement informing the parent or guardian
28 that he or she is entitled to a due process hearing on the
29 identification, evaluation, and placement, or lack thereof.
30 Such hearings shall be exempt from the provisions of ss.
31 120.569, 120.57, and 286.011, and any records created as a
24
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 result of such hearings shall be confidential and exempt from
2 the provisions of s. 119.07(1), to the extent that the state
3 board adopts rules establishing other procedures. The hearing
4 shall be conducted by an administrative law judge from the
5 Division of Administrative Hearings of the Department of
6 Management Services. The decision of the administrative law
7 judge shall be final, except that any party aggrieved by the
8 finding and decision rendered by the administrative law judge
9 shall have the right to bring a civil action in the circuit
10 court. In such an action, the court shall receive the records
11 of the administrative hearing and shall hear additional
12 evidence at the request of either party. In the alternative,
13 any party aggrieved by the finding and decision rendered by
14 the administrative law judge shall have the right to request
15 an impartial review of the administrative law judge's order by
16 the district court of appeal as provided by s. 120.68.
17 Notwithstanding any law to the contrary, during the pendency
18 of any proceeding conducted pursuant to this section, unless
19 the district school board and the parents or guardian
20 otherwise agree, the child shall remain in his or her
21 then-current educational assignment or, if applying for
22 initial admission to a public school, shall be assigned, with
23 the consent of the parents or guardian, in the public school
24 program until all such proceedings have been completed.
25 6. In providing for the education of exceptional
26 students, the superintendent, principals, and teachers shall
27 utilize the regular school facilities and adapt them to the
28 needs of exceptional students to the maximum extent
29 appropriate. Segregation of exceptional students shall occur
30 only if the nature or severity of the exceptionality is such
31 that education in regular classes with the use of
25
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 supplementary aids and services cannot be achieved
2 satisfactorily.
3 7. The principal of the school in which the student is
4 taught shall keep a written record of the case history of each
5 exceptional student showing the reason for the student's
6 withdrawal from the regular class in the public school and his
7 or her enrollment in or withdrawal from a special class for
8 exceptional students. This record shall be available for
9 inspection by school officials at any time.
10 8. The district school board shall establish the
11 amount to be paid by the district school board for each
12 individual exceptional student contract with a nonpublic
13 school.
14 (n) Alternative education programs for students in
15 residential care facilities.--Provide educational programs
16 according to rules of the state board to students who reside
17 in residential care facilities operated by the Department of
18 Health and Rehabilitative Services., to include:
19 1. An appropriate program of instruction and special
20 education services by the district school board of the county
21 in which the residential care facility is located. The
22 district school board shall make provision for each student to
23 participate in basic, vocational, and exceptional student
24 programs as appropriate. Each program shall be conducted
25 according to applicable statutes providing for the operation
26 of public schools and rules of the state board. Special
27 programs for exceptional students shall be governed by the
28 school board under the provisions of paragraph (m).
29 2. Cooperative planning by the district school board
30 and the Department of Health and Rehabilitative Services for
31 the facilities to house these programs.
26
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 a. All facilities and furnishings within Department of
2 Health and Rehabilitative Services residential care facilities
3 used for education programs for school-age students during the
4 1978-1979 fiscal year shall be made available to the district
5 school board for housing programs of instruction and special
6 education services.
7 1. The district school board shall not be charged any
8 rent, maintenance, utilities, or overhead on such facilities.
9 Maintenance, repairs, and remodeling of existing facilities
10 shall be provided by the Department of Health and
11 Rehabilitative Services.
12 2.b. If additional facilities are required, the
13 district school board and the Department of Health and
14 Rehabilitative Services shall agree on the appropriate site
15 based on the instructional needs of the students. When the
16 most appropriate site for instruction is on district school
17 board property, a special capital outlay request shall be made
18 by the commissioner in accordance with s. 235.41. When the
19 most appropriate site is on state property, state capital
20 outlay funds shall be requested by the Department of Health
21 and Rehabilitative Services as provided by s. 216.043 and
22 shall be submitted as specified by s. 216.023. Any
23 instructional facility to be built on state property shall
24 have educational specifications jointly developed by the
25 school district and the Department of Health and
26 Rehabilitative Services and approved by the Department of
27 Education. The size of space and occupant design capacity
28 criteria as provided by state board rules shall be used for
29 remodeling or new construction whether facilities are provided
30 on state property or district school board property.
31
27
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 c. The planning of such additional facilities shall
2 incorporate current Department of Health and Rehabilitative
3 Services deinstitutionalization plans.
4 3. The school board shall have full and complete
5 authority of each such school board in the matter of the
6 assignment and placement of such students in educational
7 programs. The parent or guardian of exceptional students shall
8 have the due process rights provided for in subparagraph
9 (m)54.
10 4. The school board shall have a written agreement
11 with between the district school board and the Department of
12 Health and Rehabilitative Services outlining the respective
13 duties and responsibilities of each party.
14
15 Notwithstanding the provisions herein, the educational
16 programs at the Arthur Dozier School for Boys, the Marianna
17 Sunland Center in Jackson County, and the Florida School for
18 Boys at Okeechobee in Okeechobee County shall be operated by
19 the Department of Education, either directly or through grants
20 or contractual agreements with other public or duly accredited
21 educational agencies approved by the Department of Education.
22 (o) Early childhood and basic skills
23 development.--Provide for early childhood and an
24 individualized diagnostic approach to instruction in the
25 primary grades, kindergarten, and grades one through three
26 which shall permit every child to achieve that level of
27 mastery of the basic skills development, including, but not
28 limited to, reading, writing, language arts, arithmetic,
29 measurement, and problem solving, which the child's physical,
30 mental, and emotional capacities permit.
31
28
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (p) Teacher aides.--Appoint teacher aides to assist
2 members of the instructional staff in the primary grades,
3 kindergarten, and grades one through three, to the extent
4 feasible as determined by the school board.
5 (q) Full school utilization program monitoring and
6 evaluation.--Monitor and evaluate full school utilization
7 programs. Each district receiving state funding for a full
8 school utilization program shall submit an annual report to
9 the Department of Education by July 1 following implementation
10 of the program, documenting the extent to which the program
11 meets outcome objectives.
12 (5) PERSONNEL.--Designate positions to be filled,
13 prescribe qualifications for those positions, and provide for
14 the appointment, compensation, promotion, suspension, and
15 dismissal of employees as follows, subject to the requirements
16 of chapter 231:
17 (a) Positions, qualifications, and appointments.--Act
18 upon written recommendations submitted by the superintendent
19 for positions to be filled and for minimum qualifications for
20 personnel for the various positions and act upon written
21 nominations of persons to fill such positions. The school
22 board may reject for good cause any employee nominated. If the
23 third nomination by the superintendent for any position is
24 rejected for good cause, if the superintendent fails to submit
25 a nomination for initial employment within a reasonable time
26 as prescribed by the school board, or if the superintendent
27 fails to submit a nomination for reemployment within the time
28 prescribed by law, the school board may proceed on its own
29 motion to fill such position. The school board's decision to
30 reject a person's nomination does not give that person a right
31
29
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 of action to sue over the rejection and may not be used as a
2 cause of action by the nominated employee.
3 (b) Action on nominations.--Act not later than 3 weeks
4 after the end of the regular legislative session on the
5 nominations by the superintendent of supervisors, principals,
6 and members of the instructional staff.
7 (c) Compensation and salary schedules.--Adopt a salary
8 schedule or salary schedules to be used as a basis for paying
9 all school employees, such schedules to be arranged, insofar
10 as practicable, so as to furnish incentive for improvement in
11 training and for continued and efficient service and fix and
12 authorize the compensation of school employees on the basis of
13 such schedules. A district school board, in determining the
14 salary schedule for instructional personnel, shall consider
15 the prior teaching experience of a person who has been
16 designated state teacher of the year by any state in the
17 United States.
18 (d) Contracts and terms of service.--Provide written
19 contracts for all regular members of the instructional staff.
20 All contracts with members of the instructional staff shall be
21 in accordance with the salary schedule adopted by the school
22 board, shall be in writing for definite amounts and for
23 definite terms of service, and shall specify the number of
24 monthly payments to be made. All such contracts shall be
25 executed in duplicate, and a true signed copy shall be
26 retained by the board in the office of the superintendent.
27 The school board is prohibited from paying any salary to any
28 member of the instructional staff, except when this provision
29 has been observed.
30
31
30
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (e) Transfer and promotion.--Act on recommendations of
2 the superintendent regarding transfer and promotion of any
3 employee.
4 (f) Suspension and dismissal and return to annual
5 contract status.--Suspend, dismiss, or return to annual
6 contract members of the instructional staff and other school
7 employees; however, no administrative assistant, supervisor,
8 principal, teacher, or other member of the instructional staff
9 may be discharged, removed, or returned to annual contract
10 except as provided in chapter 231.
11 (g) Awards and incentives.--Provide for recognition of
12 district employees, students, school volunteers, or advisory
13 committee members who have contributed outstanding and
14 meritorious service in their fields or service areas. After
15 considering recommendations of the superintendent, the board
16 shall adopt rules establishing and regulating the meritorious
17 service awards necessary for the efficient operation of the
18 program. Monetary awards shall be limited to persons who
19 propose procedures or ideas which are adopted by the board and
20 which will result in eliminating or reducing school board
21 expenditures or improving district or school center
22 operations. Nonmonetary awards shall include, but need not be
23 limited to, certificates, plaques, medals, ribbons, and
24 photographs. The school board is authorized to expend funds
25 for such recognition and awards. No award granted under the
26 provisions of this paragraph shall exceed $2,000 or 10 percent
27 of the first year's gross savings, whichever is greater.
28 (h) Recruitment of instructional personnel.--Establish
29 policies for the effective recruitment of quality
30 instructional personnel. Such policies may provide for
31 appropriate expenses related thereto and may include, but are
31
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 not limited to, moving expenses for teachers in areas of
2 critical need as determined by action of the school board.
3 (6) CHILD WELFARE.--Provide for the proper accounting
4 for all children of school age, for the attendance and control
5 of pupils at school, and for proper attention to health,
6 safety, and other matters relating to the welfare of children
7 in the following fields, as prescribed in chapter 232.
8 (a) Admission, classification, promotion, and
9 graduation of pupils.--Adopt rules and regulations for
10 admitting, classifying, promoting, and graduating pupils to or
11 from the various schools of the district. Such rules shall
12 provide for the verification of a student's prior attendance
13 and grade level, within or without this state, at the time of
14 admission to a school in this state. Such verification is
15 required prior to a student's progression to the next grade
16 level. In the absence of any verification, the child shall be
17 administered the standard test used in the district to
18 determine at what grade level the child is functioning; and
19 the child shall be placed in the appropriate program as
20 indicated by the test results. In addition, each school board
21 shall adopt policies relating to the assessment and reporting
22 of students' classroom performance. These policies shall
23 clearly assign initial and primary authority for such
24 assessment and reporting to the classroom teacher. The
25 review, modification, or appeal of a classroom teacher's
26 assessment and reporting of a student's classroom performance
27 can be effected only through established policies of the
28 school board.
29 (b) Enforcement of attendance laws.--Provide for the
30 enforcement of all laws and regulations relating to the
31 attendance of pupils at school and for employing such
32
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 assistants to the superintendent as may be needed to enforce
2 these laws effectively. Each school district shall establish
3 policies and procedures designed to assist students in
4 improving their attendance and attaining a high school
5 diploma.
6 (c) Control of pupils.--
7 1. Adopt rules and regulations for the control,
8 discipline, in-school suspension, suspension, and expulsion of
9 pupils and decide all cases recommended for expulsion. Such
10 rules shall clearly specify disciplinary action that shall be
11 imposed if a student possesses alcoholic beverages or
12 electronic telephone pagers or is involved in the illegal use,
13 sale, or possession of controlled substances, as defined in
14 chapter 893, on school property or while attending a school
15 function. School boards are encouraged to include in these
16 provisions alternatives to expulsion and suspension such as
17 in-school suspension, assignment to second chance schools, and
18 guidelines on identification and referral of students to
19 alcohol and substance abuse treatment agencies. To the extent
20 that funding is available, it is the intent of the Legislature
21 that all persons of compulsory school age who have not
22 received a high school diploma be placed in an appropriate
23 program which may include, but not be limited to, traditional
24 schools, second chance schools jointly provided by the
25 district school board and the Department of Juvenile Justice,
26 disciplinary schools, and other alternatives to expulsion
27 programs. Suspension hearings are exempted from the provisions
28 of chapter 120. Expulsion hearings shall be governed by ss.
29 120.569 and 120.57(2) and are exempt from s. 286.011. However,
30 the pupil's parent or legal guardian must be given notice of
31 the provisions of s. 286.011 and may elect to have the hearing
33
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 held in compliance with that section. The school board shall
2 have the authority to prohibit the use of corporal punishment,
3 provided that the school board adopts or has adopted a written
4 program of alternative control or discipline, which may
5 include, but is not limited to, timeout rooms, in-school
6 suspension, student peer review, parental involvement, and
7 other forms of positive reinforcement, such as classes on
8 appropriate classroom behavior.
9 2. Have the authority as the school board of a
10 receiving school district to honor the final order of
11 expulsion or dismissal of a student by any in-state or
12 out-of-state public school board or private school, or
13 developmental research school, for an act which would have
14 been grounds for expulsion according to the receiving school
15 district's code of student conduct, in accordance with the
16 following procedures:
17 a. A final order of expulsion shall be recorded in the
18 records of the receiving school district.
19 b. The expelled student applying for admission to the
20 receiving school district shall be advised of the final order
21 of expulsion.
22 c. The superintendent of schools of the receiving
23 school district may recommend to the school board that the
24 final order of expulsion be waived and the student be admitted
25 to the school district, or that the final order of expulsion
26 be honored and the student not be admitted to the school
27 district. If the student is admitted by the school board, with
28 or without the recommendation of the superintendent, the
29 student may be placed in an appropriate educational program at
30 the direction of the school board.
31
34
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (d) Code of student conduct.--Adopt a code of student
2 conduct for elementary schools and a code of student conduct
3 for secondary schools and distribute the appropriate code to
4 all teachers, school personnel, students, and parents or
5 guardians, at the beginning of every school year. A district
6 may compile the code of student conduct for elementary schools
7 and the code of student conduct for secondary schools in one
8 publication and distribute the combined codes to all teachers,
9 school personnel, students, and parents or guardians at the
10 beginning of every school year. Each code of student conduct
11 shall be developed by the school board; elementary or
12 secondary school teachers and other school personnel,
13 including school administrators; students; and parents or
14 guardians. The code of student conduct for elementary schools
15 shall parallel the code for secondary schools. Each code shall
16 be organized and written in language which is understandable
17 to students and parents and shall be discussed at the
18 beginning of every school year in student classes, school
19 advisory councils, and parent and teacher associations. Each
20 code shall be based on the rules governing student conduct and
21 discipline adopted by the school board and be made available
22 in the student handbook or similar publication. Each code
23 shall include, but not be limited to:
24 1. Consistent policies and specific grounds for
25 disciplinary action, including in-school suspension,
26 out-of-school suspension, expulsion, any disciplinary action
27 that may be imposed for the possession or use of alcohol on
28 school property or while attending a school function or for
29 the illegal use, sale, or possession of controlled substances
30 as defined in chapter 893.
31
35
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 2. Procedures to be followed for acts requiring
2 discipline, including corporal punishment.
3 3. An explanation of the responsibilities and rights
4 of students with regard to attendance, respect for persons and
5 property, knowledge and observation of rules of conduct, the
6 right to learn, free speech and student publications,
7 assembly, privacy, and participation in school programs and
8 activities.
9 4. Notice that illegal use, possession, or sale of
10 controlled substances, as defined in chapter 893, or
11 possession of electronic telephone pagers, by any student
12 while such student is upon school property or in attendance at
13 a school function is grounds for in-school suspension,
14 out-of-school suspension, expulsion, or imposition of other
15 disciplinary action by the school and may also result in
16 criminal penalties being imposed.
17 5. Notice that the possession of a firearm, a knife, a
18 weapon, or an item which can be used as a weapon by any
19 student while the student is on school property or in
20 attendance at a school function is grounds for disciplinary
21 action and may also result in criminal prosecution.
22 6. Notice that violence against any school district
23 personnel by a student is grounds for in-school suspension,
24 out-of-school suspension, expulsion, or imposition of other
25 disciplinary action by the school and may also result in
26 criminal penalties being imposed.
27 7. Notice that violation of school board
28 transportation policies, including disruptive behavior on a
29 school bus or at a school bus stop, by a student is grounds
30 for suspension of the student's privilege of riding on a
31 school bus and may be grounds for in-school suspension,
36
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 out-of-school suspension, expulsion, or imposition of other
2 disciplinary action by the school and may also result in
3 criminal penalties being imposed.
4 8. Notice that violation of the school board's sexual
5 harassment policy by a student is grounds for in-school
6 suspension, out-of-school suspension, expulsion, or imposition
7 of other disciplinary action by the school and may also result
8 in criminal penalties being imposed.
9 9. Policies to be followed for the assignment of
10 violent or disruptive students to an alternative educational
11 program.
12 10. Notice that any student who is determined to have
13 brought a firearm, as defined in 18 U.S.C. s. 921, to school,
14 any school function, or on any school-sponsored transportation
15 will be expelled, with or without continuing educational
16 services, from the student's regular school for a period of
17 not less than 1 full year and referred for criminal
18 prosecution. School boards may assign the student to a
19 disciplinary program or second chance school for the purpose
20 of continuing educational services during the period of
21 expulsion. Superintendents may consider the 1-year expulsion
22 requirement on a case-by-case basis and request the school
23 board to modify the requirement if determined to be in the
24 best interest of the student and the school system.
25 (e) Student crime watch program.--By resolution of the
26 school board, implement a student crime watch program to
27 promote responsibility among students and to assist in the
28 control of criminal behavior within the schools.
29 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
30 AIDS.--Provide adequate instructional aids for all children as
31
37
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 follows and in accordance with the requirements of chapter
2 233.
3 (a) Courses of study; adoption.--Adopt courses of
4 study for use in the schools of the district; provided, that
5 such courses shall comprise materials needed to supplement
6 minimum courses of study prescribed by the state board for all
7 schools.
8 (b) Textbooks.--Provide for proper requisitioning,
9 distribution, accounting, storage, care, and use of all
10 textbooks and other books furnished by the state and furnish
11 such other textbooks and library books as may be needed. The
12 school board is responsible for assuring that instructional
13 materials used in the district are consistent with the
14 district goals and objectives and the curriculum frameworks
15 approved by the State Board of Education, as well as with the
16 state and district performance standards provided for in ss.
17 229.565 and 232.2454.
18 (c) Other instructional aids.--Provide such other
19 teaching accessories and aids as are needed to carry out the
20 program.
21 (d) School library media services; establishment and
22 maintenance.--Establish and maintain school library media
23 centers, or school library media centers open to the public,
24 and, in addition thereto, such traveling or circulating
25 libraries as may be needed for the proper operation of the
26 district school system. Establish and maintain a program of
27 school library media services for all public schools school
28 students which shall be designed to ensure effective use of
29 available resources and to avoid unnecessary duplication and
30 shall include, but not be limited to, basic skills
31 development, instructional design, media collection
38
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 development, media program management, media production, staff
2 development, and consultation and information services.
3 (8) TRANSPORTATION OF PUPILS.--After considering
4 recommendations of the superintendent, make provision for the
5 transportation of pupils to the public schools or school
6 activities they are required or expected to attend; authorize
7 transportation routes arranged efficiently and economically;
8 provide the necessary transportation facilities, and, when
9 authorized under regulations of the state board and if more
10 economical to do so, provide limited subsistence in lieu
11 thereof; and adopt the necessary rules and regulations to
12 ensure safety, economy, and efficiency in the operation of all
13 buses, as prescribed in chapter 234.
14 (9) SCHOOL PLANT.--Approve plans for locating,
15 planning, constructing, sanitating, insuring, maintaining,
16 protecting, and condemning school property as prescribed in
17 chapter 235 and as follows:
18 (a) School building program.--Approve and adopt a
19 districtwide school building program, indicating the centers
20 at which school work is to be offered on the various levels;
21 the type, size, and location of schools to be established; and
22 the steps to be taken to carry out the program. This program
23 shall be a part of the 5-year program for the district and,
24 insofar as practicable, shall be based on the recommendations
25 of a survey made or approved under the direction of the
26 Department of Education.
27 (b) Sites, buildings, and equipment.--
28 1. Select and purchase school sites, playgrounds, and
29 recreational areas located at centers at which schools are to
30 be constructed, of adequate size to meet the needs of
31 projected pupils to be accommodated.;
39
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 2. Approve the proposed purchase of any site,
2 playground, or recreational area for which district funds are
3 to be used.;
4 3. Expand existing sites.;
5 4. Rent buildings when necessary.;
6 5. Enter into leases or lease-purchase arrangements,
7 in accordance with the requirements and conditions provided in
8 s. 235.056(2), with private individuals or corporations for
9 the rental of necessary grounds and educational facilities for
10 school purposes or of educational facilities to be erected for
11 school purposes. Current or other funds authorized by law may
12 be used to make payments under a lease-purchase agreement.
13 Notwithstanding any other statutes, if the rental is to be
14 paid from funds received from ad valorem taxation and the
15 agreement is for a period greater than 12 months, an approving
16 referendum must be held. The provisions of such contracts,
17 including building plans, shall be subject to approval by the
18 Department of Education, and no such contract shall be entered
19 into without such approval. As used in this section,
20 "educational facilities" means the buildings and equipment
21 which are built, installed, or established to serve
22 educational purposes and which may lawfully be used. The
23 State Board of Education is authorized to promulgate such
24 rules as it deems necessary to implement the provisions
25 hereof.;
26 6. Provide for the proper supervision of
27 construction.;
28 7. Make or contract for additions, alterations, and
29 repairs on buildings and other school properties.;
30 8. Ensure that all plans and specifications for
31 buildings provide adequately for the safety and well-being of
40
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 pupils, as well as for economy of construction by having such
2 plans and specifications submitted to the Department of
3 Education for approval; and
4 9. Provide furniture, books, apparatus, and other
5 equipment necessary for the proper conduct of the work of the
6 schools.
7 (c) Maintenance and upkeep of school plant.--Provide
8 adequately for the proper maintenance and upkeep of school
9 plants, so that children may attend school without sanitary or
10 physical hazards, and provide for the necessary heat, lights,
11 water, power, and other supplies and utilities necessary for
12 the operation of the schools.
13 (d) Insurance of school property.--Carry insurance on
14 every school building in all school plants including contents,
15 boilers, and machinery, except buildings of three classrooms
16 or less which are of frame construction and located in a tenth
17 class public protection zone as defined by the Florida
18 Inspection and Rating Bureau, and on all school buses and
19 other property under the control of the school board or title
20 to which is vested in the school board, except as exceptions
21 may be authorized under regulations of the state board.
22 (e) Condemnation of buildings.--Condemn and prohibit
23 the use for public school purposes of any building which can
24 be shown for sanitary or other reasons to be no longer
25 suitable for such use and, when any building is condemned by
26 any state or other government agency as authorized in chapter
27 235, see that it is no longer used for school purposes.
28 (10) FINANCE.--Take steps to assure children adequate
29 educational facilities through the financial procedure
30 authorized in chapters 236 and 237 and as prescribed below:
31
41
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (a) Provide for all schools to operate at least 180
2 days.--Provide for the operation of all public schools, both
3 elementary and secondary, as free schools for a term of at
4 least 180 days or the equivalent on an hourly basis as
5 specified by regulations of the State Board of Education;
6 determine district school funds necessary in addition to state
7 funds to operate all schools for such minimum term; arrange
8 for the levying of district school taxes necessary to provide
9 the amount needed from district sources.
10 (b) Annual budget.--Cause to be prepared, adopt, and
11 have submitted to the Department of Education as required by
12 law and by regulations of the state board, the annual school
13 budget, such budget to be so prepared and executed as to
14 promote the improvement of the district school system.
15 (c) Tax levies.--Adopt and spread on its minutes a
16 resolution fixing the district school tax levy, provided for
17 under s. 9, Art. VII of the State Constitution, necessary to
18 carry on the school program adopted for the district for the
19 next ensuing fiscal year as required by law, and fixing the
20 district bond interest and sinking fund tax levy necessary for
21 districts against which bonds are outstanding; adopt and
22 spread on its minutes a resolution suggesting the tax levy
23 provided for in s. 9, Art. VII of the State Constitution,
24 found necessary to carry on the school program adopted for the
25 district for the next ensuing fiscal year.
26 (d) School funds.--Require that an accurate account is
27 kept of all funds which should be transmitted to the school
28 board for school purposes at various periods during the year
29 from all sources and, if any funds are not transmitted
30 promptly, take the necessary steps to have such funds made
31 available.
42
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (e) Borrow money.--Borrow money, as prescribed in ss.
2 237.141-237.171, when necessary in anticipation of funds
3 reasonably to be expected during the year as shown by the
4 budget.
5 (f) Financial records and accounts.--Provide for
6 keeping of accurate records of all financial transactions,
7 including records of school and student activity funds, and
8 school lunch programs, and have these records kept under the
9 various classifications commonly used in school financial
10 accounting; authorize and compensate such trained assistants
11 to the superintendent as may be needed to maintain adequate
12 records.
13 (g) Approval and payment of accounts.--Implement a
14 system of accounting and budgetary control to ensure that
15 payments do not exceed amounts budgeted, as required by law;
16 make available all records for proper audit by state
17 officials; and have prepared required periodic statements
18 showing receipts, balances, and expenditures to date and
19 require a copy of each such statement to be filed with the
20 Department of Education as provided by rules of the state
21 board.
22 (h) Bonds of employees.--Fix and prescribe the bonds,
23 and pay the premium on all such bonds, of all school employees
24 who are responsible for school funds in order to provide
25 reasonable safeguards for all such funds or property.
26 (i) Contracts for materials, supplies, and
27 services.--Contract for materials, supplies, and services
28 needed for the district school system. No contract for
29 supplying these needs shall be made with any member of the
30 school board, with the superintendent, or with any business
31
43
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 organization in which any school board member or the
2 superintendent has any financial interest whatsoever.
3 (j) Purchasing regulations to be secured from
4 Department of Management Services.--Secure purchasing
5 regulations and amendments and changes thereto from the
6 Division of Purchasing of the Department of Management
7 Services and prior to any purchase have reported to it by its
8 staff, and give consideration to the lowest price available to
9 it under such regulations, provided a regulation applicable to
10 the item or items being purchased has been adopted by the
11 Division of Purchasing. The Division of Purchasing should meet
12 with educational administrators to expand the inventory of
13 standard items for common usage in all schools and higher
14 education institutions.
15 (k) Investment policies.--
16 1. Adopt policies pertaining to the investment of
17 school funds not needed for immediate expenditures, after
18 considering the recommendations of the superintendent. The
19 adopted policies shall make provisions for investing or
20 placing on deposit all such funds in order to earn the maximum
21 possible yield under the circumstances from such investments
22 or deposits. The method of determining the maximum yield on
23 investments or deposits shall include, but not necessarily be
24 limited to, bids from qualified depositories, yields from
25 certificates of deposit, yields from time deposits, yields
26 from securities guaranteed by the Government of the United
27 States, or other forms of investments authorized by law.
28 2. Part of the funds available for investment may be
29 set aside to invest in time deposits or savings accounts in
30 banks or savings and loan associations on the federal list of
31 minority financial institutions designated as authorized
44
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 depositories. The investment of such funds must be
2 competitively bid among such minority financial institutions
3 located within the school district boundaries and must be in
4 compliance with s. 236.24 and chapter 280. The amount of
5 funds designated for such investment shall be determined by
6 the school board and may be based on the percentage of
7 minorities within the population of the school district.
8 (l) Protection against loss.--Provide for adequate
9 protection against any loss or damage to school property or
10 loss resulting from any liability for which the board or its
11 officers, agents, or employees may be responsible under law.
12 In fulfilling this responsibility, the board is authorized and
13 empowered to purchase insurance, to be self-insured, to enter
14 into risk management programs managed by district school
15 boards, school-related associations, or insurance companies,
16 or to have any combination thereof in any area to the extent
17 the board is either authorized or required by law to contract
18 for insurance. Any risk management program entered into
19 pursuant to this subsection shall provide for strict
20 accountability of all funds to the member school boards and an
21 annual audit by an independent certified public accountant of
22 all receipts and disbursements.
23 (11) RECORDS AND REPORTS.--Provide for the keeping of
24 all necessary records and the making of all needed or required
25 reports, as follows:
26 (a) Forms, blanks, and reports.--Require all employees
27 to keep accurately all records and to make promptly in the
28 proper form all reports required by law or by regulations of
29 the state board.
30 (b) Reports to the department.--Require that the
31 superintendent prepare all reports to the Department of
45
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Education that may be required by law or regulations of the
2 state board; see that all such reports are promptly
3 transmitted to the department; withhold the further payment of
4 salary to the superintendent or employee when notified by the
5 department that he or she has failed to file any report within
6 the time or in the manner prescribed; and continue to withhold
7 the salary until the school board is notified by the
8 department that such report has been received and accepted;
9 provided, that when any report has not been received by the
10 date due and after due notice has been given to the school
11 board of that fact, the department, if it deems necessary, may
12 require the report to be prepared by a member of its staff,
13 and the school board shall pay all expenses connected
14 therewith. Any member of the school board who is responsible
15 for the violation of this provision is subject to suspension
16 and removal.
17 (c) Reports to parents.--At regular intervals reports
18 shall be made by principals or teachers in public schools to
19 parents or those having parental authority over the children
20 enrolled and in attendance upon their schools, apprising them
21 of the progress being made by the pupils in their studies and
22 giving other needful information.
23 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
24 BOARDS.--May establish and participate in educational
25 consortia which are designed to provide joint programs and
26 services to cooperating school districts, consistent with the
27 provisions of s. 4(b), Art. IX of the State Constitution. The
28 State Board of Education shall adopt rules providing for the
29 establishment, funding, administration, and operation of such
30 consortia.
31 (13) COOPERATION WITH OTHER AGENCIES.--
46
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (a) Cooperate with federal, state, county, and
2 municipal agencies in all matters relating to education and
3 child welfare. District superintendents and school boards may
4 initiate policy meetings with such agencies to promote joint
5 planning and provide effective programs in matters relating to
6 discipline, truancy, and dropouts.
7 (b) Cooperate with public and private community
8 agencies and with the local service district of the Department
9 of Health and Rehabilitative Services to achieve the first
10 state education goal, readiness to start school.
11 (c) Cooperate with the Department of Education in
12 identifying each child in the school district who is a
13 migratory child as defined in Pub. L. No. 95-561 and cooperate
14 with the department in providing such other information as the
15 department deems necessary.
16 (13)(14) ENFORCEMENT OF LAW AND RULES AND
17 REGULATIONS.--Require that all laws and rules and regulations
18 of the state board or of the school board are properly
19 enforced.
20 (15) COOPERATE WITH SUPERINTENDENT.--Cooperate with
21 the superintendent at all times to the end that the district
22 school system may constantly be improved.
23 (14)(16) SCHOOL LUNCH PROGRAM.--Assume such
24 responsibilities and exercise such powers and perform such
25 duties as may be assigned to it by law or as may be required
26 by regulations of the state board or as in the opinion of the
27 school board are necessary to assure school lunch services,
28 consistent with needs of pupils; effective and efficient
29 operation of the program; and the proper articulation of the
30 school lunch program with other phases of education in the
31 district.
47
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (15)(17) PUBLIC INFORMATION PROGRAM.--Adopt procedures
2 whereby the general public can be adequately informed of the
3 educational programs, needs, and objectives of public
4 education within the district.
5 (16)(18) IMPLEMENT SCHOOL IMPROVEMENT AND
6 ACCOUNTABILITY.--Maintain a system of school improvement and
7 education accountability as provided by statute and State
8 Board of Education rule. This system of school improvement and
9 education accountability shall be consistent with, and
10 implemented through, the district's continuing system of
11 planning and budgeting required by this section and ss.
12 229.555 and 237.041. This system of school improvement and
13 education accountability shall include, but not be limited to,
14 the following:
15 (a) School improvement plans.--Annually approve and
16 require implementation of a new, amended, or continuation
17 school improvement plan for each school in the district. Such
18 plan shall be designed to achieve the state education goals
19 and student performance standards pursuant to ss. 229.591(3)
20 and 229.592, shall be based on a needs assessment, and shall
21 include school progress, goals, indicators of student
22 progress, strategies, and evaluation procedures, including
23 adequate measures of individual student performance. Each
24 school shall develop its initial individual school improvement
25 plan to be submitted for approval during the 1992-1993 school
26 year and shall implement the initial plan as approved
27 beginning with the 1993-1994 school year.
28 (b) Approval process.--Develop a process for approval
29 of a school improvement plan presented by an individual school
30 and its advisory council. In the event a board does not
31 approve a school improvement plan after exhausting this
48
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 process, the Florida Commission on Education Reform and
2 Accountability shall be notified of the need for assistance.
3 (c) Assistance and intervention.--Develop a 3-year
4 plan of increasing individualized assistance and intervention
5 for each school that does not meet or make adequate progress,
6 based upon the recommendations of the commission, as defined
7 pursuant to statute and State Board of Education rule, toward
8 meeting the goals and standards of its approved school
9 improvement plan.
10 (d) After 3 years.--Notify the Florida Commission on
11 Education Reform and Accountability and the State Board of
12 Education in the event any school does not make adequate
13 progress toward meeting the goals and standards of a school
14 improvement plan by the end of 3 consecutive years of district
15 assistance and intervention and proceed according to
16 guidelines developed pursuant to statute and State Board of
17 Education rule.
18 (e) Public disclosure.--Provide information regarding
19 performance of students and educational programs as required
20 pursuant to s. 229.555, and, beginning with the 1994-1995
21 school year, implement a new system of school reports as
22 required by statute and State Board of Education rule.
23 (f) School improvement funds.--Provide funds to
24 schools for developing and implementing school improvement
25 plans. Such funds shall include those funds appropriated for
26 the purpose of school improvement pursuant to s. 24.121(5)(c).
27 (g) Feedback report.--Develop a "feedback report" on
28 the progress of implementing and maintaining a system of
29 school improvement and education accountability established in
30 s. 229.592(2). The report shall be submitted to the Florida
31 Commission on Education Reform and Accountability by July 1,
49
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 1992, and annually thereafter. The report shall include, but
2 not be limited to, information pertaining to the accuracy of
3 data collection and analysis, the ability of the Department of
4 Education to assist school boards in emphasizing reporting on
5 individual school improvement and progress while minimizing
6 comparisons between schools, the effectiveness of training and
7 technical assistance provided by the Department of Education,
8 and the effectiveness of the waiver process established in s.
9 229.592(6); and recommendation for improvement.
10 Section 5. Section 230.2301, Florida Statutes, is
11 amended to read:
12 230.2301 Parents may be accompanied.--At any meeting
13 with school district personnel regarding the assignment of
14 staff to an exceptional student or at a conference regarding
15 the discipline of a student, a the student's parent or
16 guardian may be accompanied by another adult of his or her
17 choice to assist the parent or guardian in communicating with
18 school district personnel.
19 Section 6. Section 230.2305, Florida Statutes, 1996
20 Supplement, is amended to read:
21 230.2305 Prekindergarten early intervention program.--
22 (1) LEGISLATIVE INTENT; PURPOSE.--The Legislature
23 recognizes that high-quality prekindergarten education
24 programs increase children's chances of achieving future
25 educational success and becoming productive members of
26 society. It is the intent of the Legislature that such
27 programs be developmental, serve as preventive measures for
28 children at risk of future school failure, enhance the
29 educational readiness of all children, and support family
30 education and the involvement of parents in their child's
31 educational progress. Each prekindergarten early intervention
50
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 program shall provide the elements necessary to prepare
2 children for school, including health screening and referral
3 and a developmentally appropriate educational program and
4 opportunities for parental involvement in the program. It is
5 the legislative intent that the prekindergarten early
6 intervention program not exist as an isolated program, but
7 build upon existing services and work in cooperation with
8 other programs for young children. It is intended that
9 procedures such as, but not limited to, contracting,
10 collocation, mainstreaming, and cooperative funding be used to
11 coordinate the program with Head Start, public and private
12 providers of child care, preschool programs for children with
13 disabilities, programs for migrant children, Chapter I,
14 subsidized child care, adult literacy programs, and other
15 services. It is further the intent of the Legislature that the
16 Commissioner of Education seek the advice of the Secretary of
17 Health and Rehabilitative Services in the development and
18 implementation of the prekindergarten early intervention
19 program and the coordination of services to young children.
20 The purpose of the prekindergarten early intervention program
21 is to assist local communities in implementing programs that
22 will enable all the families and children in the school
23 district to be prepared for the children's success in school.
24 (2) ELIGIBILITY.--There is hereby created the
25 prekindergarten early intervention program for children who
26 are 3 and 4 years of age. A prekindergarten early
27 intervention program shall be administered by a district
28 school board and shall receive state funds pursuant to
29 subsection (5)(9). Each public school district shall make
30 reasonable efforts to accommodate the needs of children for
31 extended-day and extended-year services without compromising
51
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the quality of the 6-hour, 180-day program. The school
2 district shall report on such efforts. Prekindergarten early
3 intervention programs shall be implemented and conducted by
4 school districts pursuant to a plan developed and approved as
5 provided in this section. School district participation in
6 the prekindergarten early intervention program shall be at the
7 discretion of each school district.
8 (a) At least 75 percent of the children projected to
9 be served by the district program shall be economically
10 disadvantaged 4-year-old children of working parents,
11 including migrant children or children whose parents
12 participate in the WAGES Program. Other children projected to
13 be served by the district program may include any of the
14 following up to a maximum of 25 percent of the total number of
15 children served:
16 1. Three-year-old and four-year-old children who are
17 referred to the school system who may not be economically
18 disadvantaged but who are abused, prenatally exposed to
19 alcohol or harmful drugs, or from foster homes, or who are
20 marginal in terms of Exceptional Student Education placement.
21 2. Three-year-old children and four-year-old children
22 who may not be economically disadvantaged but who are eligible
23 students with disabilities and served in a specific part-time
24 or combination of part-time exceptional student education
25 programs with required special services, aids, or equipment
26 and who are reported for funding part-time in the Florida
27 Education Finance Program as exceptional students. These
28 students may be funded from prekindergarten early intervention
29 program funds the portion of the time not funded by the
30 Florida Education Finance Program for the actual instructional
31 time or one full-time equivalent student membership, whichever
52
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 is the lesser. These part-time students with disabilities
2 shall be counted toward the 25-percent student limit based on
3 full-time equivalent student membership funded part-time by
4 prekindergarten early intervention program funds. Also,
5 3-year-old or 4-year-old eligible students with disabilities
6 who are reported for funding in the Florida Education Finance
7 Program in a full-time or an authorized combination of
8 full-time and part-time exceptional student programs as
9 provided in s. 236.081(1)(c) may be mainstreamed in the
10 prekindergarten early intervention program if such programming
11 is reflected in the student's individual educational plan; if
12 required special services, aids, or equipment are provided;
13 and if there is no operational cost to prekindergarten early
14 intervention program funds. These full-time exceptional
15 students shall not count against the 75-percent or 25-percent
16 student limit as stated in this paragraph.
17 3. Economically disadvantaged 3-year-old children.
18 4. Economically disadvantaged children, children with
19 disabilities, and children at risk of future school failure,
20 from birth to age four, who are served at home through home
21 visitor programs and intensive parent education programs such
22 as the Florida First Start Program.
23 5. Children who meet federal and state requirements
24 for eligibility for the migrant preschool program but who do
25 not meet the criteria of "economically disadvantaged" as
26 defined in paragraph (b), who shall not pay a fee.
27 6. After the groups listed in subparagraphs 1., 2.,
28 3., and 4. have been served, 3-year-old and 4-year-old
29 children who are not economically disadvantaged and for whom a
30 fee is paid for the children's participation.
31
53
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (b) An "economically disadvantaged" child shall be
2 defined as a child eligible to participate in the free lunch
3 program. Notwithstanding any change in a family's economic
4 status or in the federal eligibility requirements for free
5 lunch, a child who meets the eligibility requirements upon
6 initial registration for the program shall be considered
7 eligible until the child reaches kindergarten age. In order
8 to assist the school district in establishing the priority in
9 which children shall be served, and to increase the efficiency
10 in the provision of child care services in each district, the
11 district shall enter into a written collaborative agreement
12 with other publicly funded early education and child care
13 programs within the district. Such agreement shall be
14 facilitated by the interagency coordinating council and shall
15 set forth, among other provisions, the measures to be
16 undertaken to ensure the programs' achievement and compliance
17 with the performance standards established in subsection (3)
18 and for maximizing the public resources available to each
19 program. In addition, the central agency for state-subsidized
20 child care or the local service district of the Department of
21 Health and Rehabilitative Services shall provide the school
22 district with an updated list of 3-year-old and 4-year-old
23 children residing in the school district who are on the
24 waiting list for state-subsidized child care.
25 (3) STANDARDS.--
26 (a) Publicly supported preschool programs, including
27 prekindergarten early intervention, subsidized child care,
28 teen parent programs, Head Start, migrant programs, and
29 Chapter I programs shall employ a simplified point of entry to
30 the child care services system in every community. These
31 programs shall share the waiting lists for unserved children
54
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 in the community so that a count of eligible children is
2 maintained without duplications.
3 (b) The Department of Education and the Department of
4 Health and Rehabilitative Services, in consultation with the
5 Legislature, shall develop a minimum set of performance
6 standards for publicly funded early education and child care
7 programs and a method for measuring the progress of local
8 school districts and central agencies in meeting a desired set
9 of outcomes based on these performance measures. The defined
10 outcomes must be consistent with the state's first education
11 goal, readiness to start school, and must also consider
12 efficiency measures such as the employment of a simplified
13 point of entry to the child care services system, coordinated
14 staff development programs, and other efforts within the state
15 to increase the opportunity for welfare recipients to become
16 self-sufficient. Performance standards shall be developed for
17 all levels of administration of the programs, including
18 individual programs and providers, and must incorporate
19 appropriate expectations for the type of program and the
20 setting in which care is provided.
21 (4) PLANS.--Each district school board that chooses to
22 participate in the prekindergarten early intervention program
23 shall, in consultation with the interagency coordinating
24 council, submit to the Commissioner of Education a plan for
25 implementing and conducting a prekindergarten early
26 intervention program for approval. A district school board
27 shall submit a plan or amended plan for planning and
28 evaluating prekindergarten programs, implementing new
29 services, enhancing existing early childhood, prekindergarten,
30 or child care programs provided by public or nonpublic
31 entities, or contracting for the provision of services or
55
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 facilities. The plans shall include an explanation of the
2 role of the prekindergarten early intervention program in the
3 school district's effort to meet the first state education
4 goal, readiness to start school, and the plan must include the
5 utilization of public and private programs already in
6 existence in the district, business-education partnerships,
7 and preschool programs operated by vocational-technical
8 schools, community colleges, and universities. A plan shall
9 identify the locations where services will be provided and may
10 include public school property or other sites that meet state
11 and local licensing requirements for child care facilities or
12 State Board of Education rules, except that sites shall be
13 located to the maximum extent practicable so as to provide
14 easy access by parents, especially working parents of
15 economically disadvantaged children. When a district uses
16 nonschool facilities or nonschool facility staff for the
17 provision of services, a contract is required; when a district
18 uses nonschool facilities and provides district instructional
19 staff, a cooperative agreement is required.
20 (5) PLAN APPROVAL.--To be considered for approval,
21 each plan, or amendment to a plan, must be prepared according
22 to instructions issued by the Commissioner of Education and
23 must include, without limitation:
24 (c)(a) A description of the program curriculum and
25 assurances that The program curriculum must will be
26 developmentally appropriate according to current nationally
27 recognized recommendations for high-quality prekindergarten
28 programs.
29 (b) The estimated number of children who will
30 participate in the program based upon a needs assessment that
31 considers existing services and unmet needs.
56
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (c) The projected percentage of children who will
2 participate in the program and who are economically
3 disadvantaged.
4 (d) School districts may The criteria used by the
5 district to establish a sliding fee scale for participants who
6 are not economically disadvantaged, and a description of the
7 sliding scale.
8 (e) A description of the program's administrative and
9 supervisory structure.
10 (e)(f) The ratio of direct instructional staff to
11 children. The ratio must be 1 adult to 10 children, or a lower
12 ratio. Upon written request from a school district, the
13 commissioner may grant permission for a ratio of up to 1 adult
14 to 15 children for individual schools or centers for which a
15 1-to-10 ratio would not be feasible.
16 (f)(g) Information on the training and qualifications
17 of program staff, including an assurance that All staff must
18 meet will have met the following minimum requirements:
19 1. The minimum level of training is to be the
20 completion of a 30-clock-hour training course planned jointly
21 by the Department of Education and the Department of Health
22 and Rehabilitative Services to include the following areas:
23 state and local rules that govern child care, health, safety,
24 and nutrition; identification and report of child abuse and
25 neglect; child growth and development; use of developmentally
26 appropriate early childhood curricula; and avoidance of
27 income-based, race-based, and gender-based stereotyping.
28 2. When individual classrooms are staffed by certified
29 teachers, those teachers must be certified for the appropriate
30 grade levels under s. 231.17 and State Board of Education
31 rules. Teachers who are not certified for the appropriate
57
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 grade levels must obtain proper certification within 2 years.
2 However, the commissioner may make an exception on an
3 individual basis when the requirements are not met because of
4 serious illness, injury, or other extraordinary, extenuating
5 circumstance.
6 3. When individual classrooms are staffed by
7 noncertified teachers, there must be a program director or
8 lead teacher who is eligible for certification or certified
9 for the appropriate grade levels pursuant to s. 231.17 and
10 State Board of Education rules in regularly scheduled direct
11 contact with each classroom. Notwithstanding s. 231.15, such
12 classrooms must be staffed by at least one person who has, at
13 a minimum, a child development associate credential (CDA) or
14 an amount of training determined by the commissioner to be
15 equivalent to or to exceed the minimum, such as an associate
16 in science degree in the area of early childhood education.
17 4. Beginning October 1, 1994, principals and other
18 school district administrative and supervisory personnel with
19 direct responsibility for the program must demonstrate
20 knowledge of prekindergarten education programs that increase
21 children's chances of achieving future educational success and
22 becoming productive members of society in a manner established
23 by the State Board of Education by rule.
24 5. To be eligible for state funding, all program plans
25 must include a requirement that All personnel who are not
26 certified under s. 231.17 must comply with screening
27 requirements under ss. 231.02 and 231.1713.
28 (h) A description of proposed staff development
29 activities, including arrangements for staff access to
30 training in child growth and development and developmentally
31
58
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 appropriate early childhood curriculum and integration with
2 district master inservice plans required under s. 236.0811.
3 (i) A description of the number and location of all
4 program sites and how each site is considered easily
5 accessible to the population to be served and to coordinated
6 services.
7 (j) A description of the arrangements for transporting
8 children to and from the program sites and their homes, if
9 appropriate.
10 (g)(k) A requirement that Student participation must
11 be contingent upon parental involvement., and a description of
12 The parental involvement activities integral to the program,
13 which must include program site-based parental activities
14 designed to fully involve parents in the program and which may
15 include parenting education, home visitor activities, family
16 support services coordination, and other activities.
17 (l) A description of the interagency coordinating
18 council and efforts made to coordinate and maximize use of
19 existing funds and community facilities, equipment, medical,
20 educational, and social services, including coordination with
21 adult literacy and vocational programs.
22 (h)(m) Identification of the days and hours when
23 Services are to be provided during, including a school day and
24 school year equal to or exceeding the requirements for
25 kindergarten under ss. 228.041 and 236.013. and Strategies to
26 provide care before school, after school, and 12 months a
27 year, when needed,. The strategies specified by this paragraph
28 must be developed by the school district in cooperation with
29 the central agency for state-subsidized child care or the
30 local service district of the Department of Health and
31 Rehabilitative Services and must be approved by the district
59
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 interagency coordinating council established under subsection
2 (11). Programs may be provided on Saturdays and through other
3 innovative scheduling arrangements.
4 (n) A description of the developmental and health
5 screening and referral services to be provided each child in
6 the program and assurances that needed developmental and
7 health services will be provided through interagency
8 coordination to the extent possible.
9 (i)(o) A written description of the role of the
10 program in The school district must make efforts district's
11 effort to meet the first state education goal, readiness to
12 start school, including the involvement of a description of
13 the plan to involve nonpublic schools, public and private
14 providers of day care and early education, and other community
15 agencies that provide services to young children. This may
16 include private child care programs, subsidized child care
17 programs, and Head Start programs. A written description of
18 these efforts must be provided to the district interagency
19 coordinating council on early childhood services. The written
20 description of the plan to involve the groups listed above
21 must be submitted annually.
22 (p) A description of how the program will be
23 coordinated with the district program for grades K through 3
24 and with district preschool programs for children with
25 disabilities and migrant children, the teen parent program,
26 and Chapter I programs.
27 (q) A tentative budget.
28 (j)(r) Parents must be provided an Strategies to allow
29 for parental option regarding a child's participation at a
30 school-based site or among contracted sites, when such an
31 option is appropriate and within the school district. The
60
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 school district may consider availability of sites,
2 transportation, staffing ratios, costs, and other factors in
3 determining the assignment and setting district guidelines.
4 Parents may request and be assigned a site other than one
5 first assigned by the district, provided the parents pay the
6 cost of transporting the child to the site of the parents'
7 choice.
8 (k)(s) The Strategies for school district must
9 coordinate coordination with the central agency for
10 state-subsidized child care or the local service district of
11 the Department of Health and Rehabilitative Services to verify
12 family participation in the WAGES Program, thus ensuring
13 accurate reporting and full utilization of federal funds
14 available through the Family Support Act, and for the agency's
15 or service district's sharing of the waiting list for
16 state-subsidized child care under paragraph (3)(a).
17 (6) PLAN APPROVAL.--The Commissioner of Education has
18 the final authority to approve or disapprove plans and amended
19 plans.
20 (4)(7) EVALUATION.--Each school district shall conduct
21 an evaluation of the effectiveness of the prekindergarten
22 early intervention program. This evaluation shall include
23 measures of the following:
24 (a) The children's achievement as measured by
25 assessments upon entry into the program and upon completion of
26 the program; and
27 (b) The children's readiness for kindergarten as
28 measured by the instrument the district uses to assess the
29 school readiness of all children entering kindergarten. The
30 results of this evaluation must be maintained by the school
31 district and made available to the public upon request.
61
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (8) MONITORING AND TECHNICAL ASSISTANCE.--Pursuant to
2 s. 229.565(5), the Commissioner of Education shall monitor
3 each district prekindergarten early intervention program at
4 least annually to determine compliance with the district plan
5 and the provisions of this section. If a program is not
6 brought into compliance within 3 months after the
7 commissioner's evaluation citing specific deficiencies, the
8 commissioner must withhold such funds as have been allocated
9 to the school board for its prekindergarten early intervention
10 program and which have not yet been released. The department
11 shall develop manuals and guidelines for the development of
12 district plans and shall provide ongoing technical assistance
13 to ensure that each district program maintains high standards
14 of quality and effectiveness.
15 (5)(9) ANNUAL REPORT.--Each prekindergarten early
16 intervention program under this section shall, through the
17 district interagency coordinating council on early childhood
18 services, submit an annual report of its program to the
19 district interagency coordinating council on early childhood
20 services Commissioner of Education. The report must describe
21 the overall program operations; activities of the district
22 interagency coordinating council on early childhood services;
23 expenditures; the number of students served; ratio of staff to
24 children; staff qualifications; evaluation findings, including
25 identification of program components that were most
26 successful; and other information required by the council
27 Commissioner of Education or the state advisory council.
28 (6)(10) FUNDING.--
29 (a) This section shall be implemented only to the
30 extent that funding is available. State funds appropriated
31 for the prekindergarten early intervention program may only be
62
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 used pursuant to the plan developed in consultation with the
2 interagency coordinating council on early childhood services
3 and may not be used for the construction of new facilities,
4 the transportation of students, or the purchase of buses, but
5 may be used for educational field trips which enhance the
6 curriculum.
7 1. At least 70 percent of the total funds allocated to
8 each school district under this section must be used for
9 implementing and conducting a prekindergarten early
10 intervention program or contracting with other public or
11 nonpublic entities for programs to serve eligible children.
12 The maximum amount to be spent per child for this purpose is
13 to be designated annually in the General Appropriations Act.
14 2. No more than 30 percent of the funds allocated to
15 each school district pursuant to this section may be used to
16 enhance existing public and nonpublic programs for eligible
17 children, to provide before-school and after-school care for
18 children served under this section, to remodel or renovate
19 existing facilities under chapter 235, to lease or
20 lease-purchase facilities in accordance with subsection (4) of
21 this section, to purchase classroom equipment to allow the
22 implementation of the prekindergarten early intervention
23 program, and to provide training for program teachers and
24 administrative personnel employed by the school district and
25 by agencies with which the school district contracts for the
26 provision of prekindergarten services.
27 3. Funds may also be used pursuant to subparagraphs 1.
28 and 2. to provide the prekindergarten early intervention
29 program for more than 180 school days.
30 (b) A minimum grant for each district is to be
31 determined annually in the General Appropriations Act. The
63
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 funds remaining after allocating the minimum grants must be
2 prorated based on an allocation factor for each district and
3 must be added to each district's minimum grant. The allocation
4 factor is to be calculated as follows:
5
6 District percentage District percentage
7 of state 3-year-old x 1/4 + of state total free x 3/4
8 and 4-year-old lunches served
9 children
10
11 The calculation of each district's allocation factor is to be
12 based upon the official estimate of the total number of
13 3-year-old and 4-year-old children by school district and the
14 official record of the Department of Education for K-12
15 student total free lunches served by school district for the
16 prior fiscal year.
17 (7)(11) DISTRICT INTERAGENCY COORDINATING COUNCILS.--
18 (a) To be eligible for a prekindergarten early
19 intervention program, each school district must develop,
20 implement, and evaluate its prekindergarten program in
21 cooperation with a district interagency coordinating council
22 on early childhood services.
23 (b) Each district coordinating council must consist of
24 at least 12 members to be appointed by the district school
25 board, the county commission for the county in which
26 participating schools are located, and the Department of
27 Health and Rehabilitative Services' district administrator and
28 must include at least the following:
29 1. One member who is a parent of a child enrolled in,
30 or intending to enroll in, the public school prekindergarten
31 program, appointed by the school board.
64
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 2. One member who is a director or designated director
2 of a prekindergarten program in the district, appointed by the
3 school board.
4 3. One member who is a member of a district school
5 board, appointed by the school board.
6 4. One member who is a representative of an agency
7 serving children with disabilities, appointed by the
8 Department of Health and Rehabilitative Services' district
9 administrator.
10 5. Four members who are representatives of
11 organizations providing prekindergarten educational services,
12 one of whom is a representative of a Head Start Program,
13 appointed by the Department of Health and Rehabilitative
14 Services' district administrator; one of whom is a
15 representative of a Title XX subsidized child day care
16 program, if such programs exist within the county, appointed
17 by the Department of Health and Rehabilitative Services'
18 district administrator; and two of whom are private providers
19 of preschool care and education to 3-year-old and 4-year-old
20 children, one appointed by the county commission and one
21 appointed by the Department of Health and Rehabilitative
22 Services' district administrator. If there is no Head Start
23 Program or Title XX program operating within the county, these
24 two members must represent community interests in
25 prekindergarten education.
26 6. Two members who are representatives of agencies
27 responsible for providing social, medical, dental, adult
28 literacy, or transportation services, one of whom represents
29 the county public health unit, both appointed by the county
30 commission.
31
65
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 7. One member to represent a local child advocacy
2 organization, appointed by the Department of Health and
3 Rehabilitative Services' district administrator.
4 8. One member to represent the district K-3 program,
5 appointed by the school board.
6 (c) Each district interagency coordinating council
7 shall:
8 1. Assist district school boards in developing a plan
9 or an amended plan to implement a prekindergarten early
10 intervention program. The plan and all amendments must be
11 signed by the council chair, the chair of the district school
12 board, and the district school superintendent before being
13 submitted to the Commissioner of Education for approval.
14 2. Coordinate the delivery of educational, social,
15 medical, child care, and other services.
16 Section 7. Section 230.23135, Florida Statutes, as
17 amended by chapters 94-232 and 95-147, Laws of Florida, is
18 hereby repealed.
19 Section 8. Section 230.2316, Florida Statutes, 1996
20 Supplement, is amended to read:
21 230.2316 Dropout prevention.--
22 (1) SHORT TITLE.--This act may be cited as the
23 "Dropout Prevention Act."
24 (2) INTENT.--The Legislature recognizes that a growing
25 proportion of young people are not making successful
26 transitions to productive adult lives. The Legislature further
27 recognizes that traditional education programs which do not
28 meet certain students' educational needs and interests may
29 cause these students to become unmotivated, fail, be truant,
30 be disruptive, or drop out of school. The Legislature finds
31 that a child who does not complete his or her education is
66
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 greatly limited in obtaining gainful employment, achieving his
2 or her full potential, and becoming a productive member of
3 society. Therefore, it is the intent of the Legislature to
4 authorize and encourage district school boards throughout the
5 state to establish comprehensive dropout prevention programs.
6 These programs shall be designed to meet the needs of students
7 who are not effectively served by conventional education
8 programs in the public school system. It is further the intent
9 of the Legislature that cooperative agreements be developed
10 among school districts, other governmental and private
11 agencies, and community resources in order to implement
12 innovative exemplary programs aimed at reducing the number of
13 students who do not complete their education and increasing
14 the number of students who have a positive experience in
15 school and obtain a high school diploma.
16 (3) DEFINITIONS.--As used in this section, the term:
17 (a) "Educational alternatives programs" means
18 educational programs which are designed to offer variations of
19 traditional instructional programs and strategies for the
20 purpose of increasing the likelihood that grade 4 through
21 grade 12 students who are unmotivated, or deemed habitually
22 truant as defined in s. 228.041(28), or unsuccessful in
23 traditional programs, remain in school and enroll in a program
24 of study that leads to a high school diploma or its
25 equivalent.
26 (b) "Substance abuse programs" means agency-based or
27 school-based educational programs which are designed to meet
28 the needs of students with drug or alcohol-related problems.
29 (c) "Disciplinary programs" means programs designed to
30 provide a safe learning environment for the general school
31 population, increase the safety of the school and the
67
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 community, and provide positive intervention for students who
2 are disruptive in the traditional school environment.
3 (d) "Youth services programs" means educational
4 programs, including conflict resolution training, provided by
5 the school district to students participating in Department of
6 Health and Rehabilitative Services or other state or community
7 youth residential or day services programs.
8 (e) "Second chance schools" means school district
9 programs provided through cooperative agreements between the
10 Department of Juvenile Justice, private providers, state or
11 local law enforcement agencies, or other state agencies for
12 students deemed habitual truants as defined in s. 228.041(28),
13 or for students who have been disruptive or violent or who
14 have committed serious offenses. As partnership programs,
15 second chance schools are eligible for waivers from the
16 Commissioner of Education to chapters 230-235 and 239 and
17 State Board of Education rules that prevent the provision of
18 appropriate educational services to violent, severely
19 disruptive, and delinquent students in small nontraditional
20 settings and in court-adjudicated settings.
21 (3)(4) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--All
22 programs funded pursuant to the provisions of this section
23 shall be positive and shall reflect strong parental and
24 community involvement. In addition, specific programs shall
25 meet the following criteria:
26 (a) Educational alternatives programs.--
27 (a)1. Dropout prevention programs shall differ The
28 program differs from traditional education programs and
29 schools in scheduling, administrative structure, philosophy,
30 curriculum, or setting and shall employ employs alternative
31 teaching methodologies, curricula, learning activities, or
68
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 diagnostic and assessment procedures in order to meet the
2 needs, interests, abilities, and talents of eligible students.
3 The educational program shall provide curricula and related
4 services which support the program goals and lead to
5 completion of a high school diploma. Student participation in
6 such programs shall be voluntary. Districts may, however,
7 assign students to a program for disruptive students. The
8 minimum period of time during which the student participates
9 in the program shall be equivalent to two instructional
10 periods per day unless the program utilizes a student support
11 and assistance component rather than regularly scheduled
12 courses.
13 (b)2. Students in grades 4-12 shall be eligible for
14 drop-out prevention programs. Eligible dropout prevention
15 students shall be reported for dropout prevention full-time
16 equivalent student membership in the Florida Education Finance
17 Program in standard dropout prevention classes or A student
18 support and assistance components which component may be used
19 to provide academic assistance and coordination of support
20 services to students enrolled full time in a regular classroom
21 who are eligible for educational alternative programs. The
22 student support and assistance This component shall include
23 auxiliary services provided to students or teachers, or both.
24 Students participating in this model shall generate funding
25 only for the time that they receive extra services or
26 auxiliary help.
27 (c)3. A The student shall be has been identified as
28 being a potential dropout based upon one of the following
29 criteria:
30 1.a. The student has shown a lack of motivation in
31 school through grades which are not commensurate with
69
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 documented ability levels or high absenteeism or habitual
2 truancy as defined in s. 228.041(28).;
3 2.b. The student has not been successful in school as
4 determined by retentions, failing grades, or low achievement
5 test scores and has needs and interests that cannot be met
6 through traditional programs.;
7 3.c. The student has been identified as a potential
8 school dropout by student services personnel using district
9 criteria. District criteria that are used as a basis for
10 student referral to an educational alternatives program shall
11 identify specific student performance indicators that the
12 educational alternative program seeks to address.;
13 d. The student has performed successfully in the
14 educational alternatives program and wishes to remain enrolled
15 in such program.
16 4. The remedial compensatory program must be
17 coordinated in a manner which permits the exclusion of
18 instructional staff members employed through the use of funds
19 in this program from the comparability requirements of the
20 Federal Compensatory Education Program.
21 (b) Substance abuse programs.--
22 1. The program shall provide basic educational
23 instruction for students participating in non-school-based
24 residential or day substance abuse treatment programs. Such
25 educational programs shall provide curricula and related
26 services which support the program goals and lead to
27 completion of a high school diploma or its equivalent; or
28 4.2. The student has The program shall provide
29 school-based programs which serve students who have documented
30 drug-related or alcohol-related problems, or has students
31 whose immediate family members with have documented
70
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 drug-related or alcohol-related problems that adversely affect
2 the student's performance in school, and shall include
3 instruction designed to prevent substance abuse.
4 (c) Disciplinary programs.--
5 5.1. The student has a history of disruptive behavior
6 in school or has committed an offense that warrants
7 out-of-school suspension or expulsion from school according to
8 the district code of student conduct. For the purposes of this
9 program, "disruptive behavior" is behavior that:
10 a. Interferes with the student's own learning or the
11 educational process of others and requires attention and
12 assistance beyond that which the traditional program can
13 provide or results in frequent conflicts of a disruptive
14 nature while the student is under the jurisdiction of the
15 school either in or out of the classroom; or
16 b. Severely threatens the general welfare of students
17 or others with whom the student comes into contact.
18 6. The student is assigned to a program provided
19 pursuant to chapter 39 which is sponsored by a state-based or
20 community-based agency or is operated or contracted for by the
21 Department of Children and Family Services.
22 2. The program includes but is not necessarily limited
23 to in-school suspension, alternatives to expulsion, counseling
24 centers, and crisis intervention centers. The program may be
25 planned and operated in collaboration with local law
26 enforcement or other community agencies.
27 3. In-school suspension programs shall provide
28 instruction and counseling leading to improved student
29 behavior and the development of more effective interpersonal
30 skills. Such programs shall be positive alternatives to
31 out-of-school suspension programs and shall emphasize, but not
71
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 be limited to, the following: enhancement of student
2 self-esteem; improved attendance; prevention of behavior that
3 might cause a student to enter a juvenile delinquency program;
4 reduction in the number of discipline referrals; reduction in
5 the number of student dropouts; and reduction in the number of
6 out-of-school suspensions. After providing assistance, school
7 boards shall disapprove school-based, in-school suspension
8 programs that continually fail to directly reduce the school's
9 expulsion or out-of-school suspension rate. The principal of
10 each school shall prepare an annual report which delineates
11 the number of students suspended in in-school and
12 out-of-school suspension, the proportionate populations
13 represented by such students, and the bases for such
14 suspensions. The report shall include an analysis of such data
15 and recommendations for increasing student success through the
16 program. The report shall be distributed to all members of the
17 school advisory council for consideration in the annual school
18 improvement plan.
19 4. A student who has been placed in detention or a
20 court-adjudicated commitment program shall be evaluated by
21 school district personnel upon completion of such program
22 prior to placement of the student in an educational program.
23 Such student shall not be automatically assigned to a
24 disciplinary program upon reentering the school system.
25 5. Prior to assigning a student to a disciplinary
26 program of more than 10 days' duration, the district shall
27 attempt a variety of education and student services to
28 identify the causes of the disruptive behavior, to modify the
29 behavior, or to provide more appropriate educational services
30 to the student; however, a student who has committed an
31 offense that warrants expulsion according to the district code
72
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 of student conduct may be assigned to a disciplinary program
2 without attempting a variety of services.
3 6. In-school suspension programs shall be funded at
4 the dropout prevention program weight pursuant to s.
5 236.081(1)(c) if the school district program provides the
6 following in addition to the academic component:
7 a. Individual and group counseling as a daily
8 activity.
9 b. A parent conference while a student is in the
10 in-school suspension program for all suspensions of 4 days or
11 longer or whenever a student incurs a second or subsequent
12 suspension in the same school year.
13 c. Reports regarding the specific misconduct for each
14 student placed in in-school suspension.
15
16 If such criteria are not met, in-school suspension programs
17 shall be funded at the basic program weight for the grade
18 level at which the program is provided pursuant to s. 236.081.
19 (d) Educational services in Department of Health and
20 Rehabilitative Services programs.--
21 1. The student is assigned to a rehabilitation program
22 provided pursuant to chapter 39 which is sponsored by a state
23 or community-based agency or is operated or contracted for by
24 the Department of Health and Rehabilitative Services.
25 2. Programs shall provide intensive counseling,
26 behavior modification, and therapy in order to meet the
27 student's individual needs. Programs may be residential or
28 nonresidential.
29 3. Any student served in a Department of Health and
30 Rehabilitative Services program shall be provided the
31 equivalent of instruction provided for the definition of a
73
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 "school day" pursuant to s. 228.041. However, the educational
2 services may be provided at times of the day most appropriate
3 for the program.
4 4. A program is provided which shall consist of
5 appropriate basic academic, vocational, or exceptional
6 curricula and related services which support the
7 rehabilitation program goals and which may lead to completion
8 of the requirements for receipt of a high school diploma or
9 its equivalent, provided that the educational component of
10 youth services programs of less than 40 days' duration which
11 take place in a park or wilderness setting may be limited to
12 tutorial activities and vocational employability skills.
13 5. Participation in the program by students of
14 compulsory school attendance age as provided for in s. 232.01
15 shall be mandatory.
16 6. Districts are encouraged to implement programs that
17 assist students in the transition between dismissal from
18 Department of Health and Rehabilitative Services programs and
19 school reentry.
20 7. A school district may contract with a private
21 nonprofit entity or a state or local government agency for the
22 provision of educational programs to clients of the Department
23 of Health and Rehabilitative Services and may generate state
24 funding through the Florida Education Finance Program for such
25 students.
26 (d)1. "Second chance schools" means school district
27 programs provided through cooperative agreements between the
28 Department of Juvenile Justice, private providers, state or
29 local law enforcement agencies, or other state agencies for
30 students who have been disruptive or violent or who have
31 committed serious offenses. As partnership programs, second
74
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 chance schools are eligible for waivers by the Commissioner of
2 Education from chapters 230-235 and 239 and State Board of
3 Education rules that prevent the provision of appropriate
4 educational services to violent, severely disruptive, or
5 delinquent students in small nontraditional settings or in
6 court-adjudicated settings.
7 (e) Second chance schools.--
8 2.1. A student enrolled in a sixth, seventh, eighth,
9 ninth, or tenth grade class may be assigned to a second chance
10 school if the student meets the following criteria:
11 a. The student is a habitual truant as defined in s.
12 228.041(28).
13 b. The student's excessive absences have detrimentally
14 affected the student's academic progress and the student may
15 have unique needs that a traditional school setting may not
16 meet.
17 c. The student's high incidences of truancy have been
18 directly linked to a lack of motivation.
19 d. The student has been identified as at risk of
20 dropping out of school.
21 3.2. A student who is habitually truant may be
22 assigned to a second chance school only if the case staffing
23 committee, established pursuant to s. 39.426, determines that
24 such placement could be beneficial to the student and the
25 criteria included in subparagraph 2. 1. are met.
26 4.3. A student may shall be assigned to a second
27 chance school if the school district in which the student
28 resides has a second chance school and if the student meets
29 one of the following criteria:
30
31
75
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 a. The student habitually exhibits disruptive behavior
2 in violation of the code of student conduct adopted by the
3 school board.
4 b. The student interferes with the student's own
5 learning or the educational process of others and requires
6 attention and assistance beyond that which the traditional
7 program can provide, or, while the student is under the
8 jurisdiction of the school either in or out of the classroom,
9 frequent conflicts of a disruptive nature occur.
10 c. The student has committed a serious offense which
11 warrants suspension or expulsion from school according to the
12 district code of student conduct. For the purposes of this
13 program, "serious offense" is behavior which:
14 (I) Threatens the general welfare of students or
15 others with whom the student comes into contact;
16 (II) Includes violence;
17 (III) Includes possession of weapons or drugs; or
18 (IV) Is harassment or verbal abuse of school personnel
19 or other students.
20 5.4. Prior to assignment of students to second chance
21 schools, school boards are encouraged to use alternative
22 programs, such as in-school suspension, which provide
23 instruction and counseling leading to improved student
24 behavior, a reduction in the incidence of truancy, and the
25 development of more effective interpersonal skills.
26 6.5. Students assigned to second chance schools must
27 be evaluated by the school's local child study team before
28 placement in a second chance school. The study team shall
29 ensure that students are not eligible for placement in a
30 program for emotionally disturbed children.
31
76
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 7.6. Students who exhibit academic and social progress
2 and who wish to return to a traditional school shall be
3 evaluated by school district personnel prior to reentering a
4 traditional school.
5 8.7. Second chance schools shall be funded at the
6 dropout prevention program weight pursuant to s. 236.081 and
7 may receive school safety funds or other funds as appropriate.
8 (4)(5) PROGRAM PLANNING AND IMPLEMENTATION.--
9 (a) Each district may establish one or more
10 alternative programs for dropout prevention at the elementary,
11 middle, junior high school, or high school level. Programs
12 designed to eliminate habitual truancy shall emphasize
13 academic performance and may provide specific instruction in
14 the areas of vocational education, preemployment training, and
15 behavioral management. Such programs shall utilize
16 instructional teaching methods appropriate to the specific
17 needs of the student.
18 (b) Any school district desiring to receive state
19 funding for a dropout prevention program pursuant to the
20 provisions of s. 236.081(1)(c) shall develop a comprehensive
21 dropout prevention program plan which describes all of the
22 programs and services which the district will make available
23 to students pursuant to subsection (4).
24 (c) For each program to be provided by the district
25 pursuant to subsection (4), the following information shall be
26 provided in the program plan:
27 1. Student eligibility criteria.
28 2. Student admission procedures.
29 3. Operating procedures.
30 4. Program goals and outcome objectives. Measurable
31 outcome objectives shall provide a framework for the
77
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 evaluation of each dropout prevention program, which shall
2 specify, at a minimum, the outcome to be produced, the time
3 period during which the outcome will be produced, and to what
4 degree the outcome will be produced.
5 5. Qualifications of program personnel.
6 6. A schedule for staff development activities.
7 7. Evaluation procedures which describe how outcome
8 objectives will be achieved and measured.
9 (d) Beginning with the 1994-1995 school year, district
10 plans or amended plans may be submitted to the Department of
11 Education dropout prevention regional offices for technical
12 assistance and review prior to approval by the local school
13 board.
14 (e) The Department of Education shall provide
15 technical assistance upon request of the school or school
16 district.
17 (b)(f) Each school that establishes or continues a
18 dropout prevention program at that school site shall reflect
19 that program in the school improvement plan as required under
20 s. 230.23(16)(18).
21 (c)(g) Districts may modify courses listed in the
22 State Course Code Directory for the purpose of providing
23 dropout prevention programs pursuant to the provisions of this
24 section. Such modifications must be approved by the
25 commissioner and may include lengthening or shortening of the
26 time allocated for in-class study, alternate methods of
27 assessment of student performance, the integration of
28 curriculum frameworks or student performance standards to
29 produce interdisciplinary units of instruction, and activities
30 conducted within the student support and assistance component
31 of education alternatives.
78
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (5)(6) EVALUATION.--The Department of Education shall
2 establish a set of minimum objective criteria for each program
3 type under this section. In establishing the criteria, the
4 department shall solicit school district input. Each school
5 district receiving state funding for dropout prevention
6 programs through the Florida Education Finance Program as
7 provided for in subsection (5) shall submit information
8 through an annual report to the Department of Education's
9 database Education documenting the extent to which each of the
10 district's dropout prevention programs has been successful in
11 meeting the outcome objectives established by the district for
12 the program. At a minimum, school districts shall develop
13 outcome objectives for each objective criteria established by
14 the Department of Education. Such outcome objectives shall be
15 included in the annual report required under this subsection.
16 The department shall develop specific review measures,
17 pursuant to s. 229.555, to ensure that district program
18 outcome objectives are measurable and include the number and
19 proportion of students in dropout prevention programs who
20 later drop out of high school, thereby assuring that these
21 objectives will provide an accurate basis for evaluating the
22 effectiveness of dropout prevention programs. This information
23 shall be reported to parents pursuant to s. 230.23(18). The
24 department shall compile this information into an annual
25 report which shall be submitted to the presiding officers of
26 the Legislature by February 15.
27 (7) STAFF DEVELOPMENT.--
28 (a) Each school district shall establish procedures
29 for ensuring that teachers assigned to dropout prevention
30 programs possess the affective, pedagogical, and
31 content-related skills necessary to meet the needs of at-risk
79
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 students. Each school board shall also ensure that adequate
2 staff development activities are available for dropout
3 prevention staff and that dropout prevention staff participate
4 in these activities.
5 (b) The district school boards and the department may
6 establish a summer inservice training program for teachers and
7 administrators which may be provided by district school boards
8 or individual schools and which shall include, but not be
9 limited to, instruction focusing on treating students with
10 respect and enhancing student self-esteem, developing positive
11 in-school intervention methods for misbehaving students,
12 establishing strategies to involve students in classroom and
13 school management and in reducing student misconduct,
14 conducting student and parent conferences, and creating
15 "student-friendly" environments at schools. Instructional
16 personnel may use successful participation in a summer
17 inservice training program established pursuant to this
18 paragraph for certification extension or for adding a new
19 certification area if the district has an approved add-on
20 certification program, pursuant to State Board of Education
21 rules.
22 (6)(8) RECORDS.--Each district providing a program for
23 dropout prevention pursuant to the provisions of this section
24 shall maintain for each participating student for whom funding
25 is generated through the Florida Education Finance Program
26 records documenting the student's eligibility, the length of
27 participation, the type of program to which the student was
28 assigned, and an evaluation of the student's academic and
29 behavioral performance while in the program. The parents or
30 guardians of a student assigned to such a dropout prevention
31 program shall be notified in writing and entitled to an
80
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 administrative review of any action by school personnel
2 relating to such placement pursuant to the provisions of
3 chapter 120. However, for educational alternatives of choice,
4 which are voluntary and for which a student's parent or
5 guardian has requested participation, such notification of
6 administrative review shall not be required.
7 (7)(9) COORDINATION WITH OTHER AGENCIES.--School
8 district dropout prevention programs shall be coordinated with
9 social service, law enforcement, prosecutorial, and juvenile
10 justice agencies in the school district. School districts
11 shall inventory community services and programs relevant to
12 implementation of their comprehensive dropout prevention
13 program plans. Notwithstanding the provisions of s. 228.093,
14 these agencies are authorized to exchange information
15 contained in student records and juvenile justice records.
16 Such information is confidential and exempt from the
17 provisions of s. 119.07(1). School districts and other
18 agencies receiving such information shall use the information
19 only for official purposes connected with the certification of
20 students for admission to and for the administration of the
21 dropout prevention program, and shall maintain the
22 confidentiality of such information unless otherwise provided
23 by law or rule.
24 (8)(10) RULES.--The Department of Education shall have
25 the authority to adopt any rules necessary to implement the
26 provisions of this section; such rules shall require the
27 minimum amount of paperwork and reporting necessary to comply
28 with this act. By January 1, 1995, current rules regarding
29 this section shall be revised.
30 Section 9. Subsection (15) of section 230.23161,
31 Florida Statutes, 1996 Supplement, is amended to read:
81
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 230.23161 Educational services in Department of
2 Juvenile Justice programs.--
3 (15) Department of Juvenile Justice detention and
4 commitment programs may be designated as second chance schools
5 pursuant to s. 230.2316(3)(d)(e). Admission to such programs
6 shall be governed by part II of chapter 39.
7 Section 10. Section 230.2317, Florida Statutes, is
8 amended to read:
9 230.2317 Educational multiagency services for students
10 with severe emotional disturbance severely emotionally
11 disturbed students.--
12 (1)(a) To enable severely emotionally disturbed
13 students with severe emotional disturbance to develop
14 appropriate behaviors and demonstrate academic and vocational
15 skills, the Legislature finds that it is necessary to have an
16 intensive, integrated educational program; a continuum of
17 mental health treatment services; and, when needed,
18 residential services. The Legislature finds further that the
19 small incidence of severe emotional disturbance in the total
20 school population requires multiagency programs to provide
21 access to appropriate services for all severely emotionally
22 disturbed students with severe emotional disturbance to
23 appropriate services, that local school boards should provide
24 educational programs, and that state departments and agencies
25 administering children's mental health funds the Department of
26 Health and Rehabilitative Services should provide mental
27 health treatment and residential services when needed.
28 Therefore, it is the intent of the Legislature that by
29 1985-1986 there be a multiagency network to provide education;
30 mental health treatment; and, when needed, residential
31
82
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 services for severely emotionally disturbed students with
2 severe emotional disturbance.
3 (b) The program goals for each component of the
4 network are to enable severely emotionally disturbed students
5 with severe emotional disturbance to learn appropriate
6 behaviors, reduce dependency, and fully participate in all
7 aspects of school and community living; to develop individual
8 programs for severely emotionally disturbed students with
9 severe emotional disturbance, which programs include necessary
10 educational, residential, and mental health treatment
11 services; to provide programs and services as close as
12 possible to the child's home in the least restrictive manner
13 consistent with the child's needs; and to integrate a wide
14 range of services which are necessary to support severely
15 emotionally disturbed students with severe emotional
16 disturbance and their families.
17 (2)(a) The Commissioner of Education, and the
18 Secretary of Children and Family Services, and the Secretary
19 of Juvenile Justice the Department of Health and
20 Rehabilitative Services shall appoint an equal number of
21 members to the Advisory Board for the Multiagency Service
22 Network for Severely Emotionally Disturbed Students with
23 Severe Emotional Disturbance. The duties and responsibilities
24 of the advisory board shall include oversight of the
25 multiagency service network to provide a continuum of
26 education, mental health treatment, and, when needed,
27 residential services for severely emotionally disturbed
28 students with severe emotional disturbance and to assess the
29 impact of regional projects.
30 (b) The terms of the present members shall be extended
31 as follows: positions 8, 10, 11, 16, and 20 shall be extended
83
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 through June 30, 1995; positions 3, 9, 15, 18, and 19 shall be
2 extended through June 30, 1996; positions 2, 5, 7, 13, and 17
3 shall be extended through June 30, 1997; and positions 1, 4,
4 6, 12, and 14 shall be extended through June 30, 1998.
5 Following expiration of the extended terms, the Commissioner
6 of Education and the secretary of the Department of Health and
7 Rehabilitative Services shall appoint members to 4-year terms
8 which shall run from July 1 through June 30. Appointments
9 shall be made by June 1 preceding commencement of the term. A
10 vacancy shall be filled for the remainder of the unexpired
11 term in the same manner as an initial appointment. Such
12 appointments shall be made within 60 days after creation of
13 the vacancy.
14 (c) By December 31 of each year beginning in 1992, the
15 advisory board shall prepare and submit to the Commissioner of
16 Education, the secretary of the Department of Health and
17 Rehabilitative Services, and the appropriate standing
18 committees in the Senate and the House of Representatives a
19 report detailing its findings and making specific program,
20 legislative, and funding recommendations, and any other
21 recommendations it deems appropriate.
22 (3) The Department of Education is authorized to award
23 grants to district school boards to develop in a rural
24 district and in an urban district a pilot multiagency network
25 component for severely emotionally disturbed students. The
26 pilot grants shall allow for further statewide planning and
27 development of a complete multiagency network for severely
28 emotionally disturbed students with severe emotional
29 disturbance in the state. The educational services shall be
30 provided in a manner consistent with the requirements of ss.
31 230.23(4)(m) and 402.22.
84
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (4) State departments and agencies are The Department
2 of Health and Rehabilitative Services is authorized to use
3 appropriate community mental health service funds for the
4 pilot multiagency network components for severely emotionally
5 disturbed students with severe emotional disturbance. The
6 mental health treatment services and residential services
7 shall be provided in a manner that is consistent with chapter
8 394 and s. 402.22.
9 (5) The network components for severely emotionally
10 disturbed students shall be funded from the Florida Education
11 Finance Program, Department of Health and Rehabilitative
12 Services funds for the emotionally disturbed, and the pilot
13 grant program from the Department of Education.
14 (6) A written agreement between the district school
15 board or boards and the Department of Health and
16 Rehabilitative Services outlining the respective duties and
17 responsibilities of each party shall be developed for
18 implementation of a component of the multiagency network for
19 severely emotionally disturbed students.
20 (7) The State Board of Education and the Department of
21 Health and Rehabilitative Services are authorized to adopt
22 rules to carry out the intent of this section.
23 Section 11. Section 230.2318, Florida Statutes, 1996
24 Supplement, is amended to read:
25 230.2318 School resource officer program.--
26 (1) SCHOOL RESOURCE OFFICER PROGRAM.--School boards
27 may establish school resource officer programs, through a
28 cooperative agreement with law enforcement agencies or in
29 accordance with s. 230.23175. There is hereby created a
30 statewide school resource officer program. It is the intent
31 of the Legislature in establishing this program that the state
85
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 provide assistance to local school boards in the form of
2 matching grants for the establishment, continuation, or
3 expansion of cooperative programs with law enforcement and
4 community agencies for the following purposes:
5 (a) To perform law enforcement functions within the
6 school setting.
7 (b) To identify and prevent, through counseling and
8 referral, delinquent behavior, including substance abuse.
9 (c) To foster a better understanding of the law
10 enforcement function.
11 (d) To develop positive concepts of law enforcement.
12 (e) To develop a better appreciation of citizen
13 rights, obligations, and responsibilities.
14 (f) To provide information about crime prevention, and
15 to promote student crime watch programs in the schools.
16 (g) To provide assistance and support for crime
17 victims identified within the school setting, including abused
18 children.
19 (h) To promote positive relations between students and
20 law enforcement officers.
21 (i) To enhance knowledge of the fundamental concepts
22 and structure of law.
23 (2) LOCAL SCHOOL RESOURCE OFFICER PROGRAM PLANS;
24 APPROVAL BY COMMISSIONER; CRITERIA AND RESTRICTIONS.--
25 (a) Each school district desiring to establish a local
26 school resource officer program, in conjunction with one or
27 more law enforcement and community agencies, shall submit a
28 proposed school resource officer program plan to the
29 Commissioner of Education for review. Two or more districts
30 may submit a joint plan to maximize benefits as desirable.
31 Each plan shall contain a detailed description of the proposed
86
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 local school resource officer program, including, but not
2 limited to, the following:
3 1. An agreement between the school board and each
4 participating law enforcement and community agency specifying
5 the financial and other responsibilities of each party.
6 2. Program objectives and guidelines.
7 3. A provision for and description of a preservice
8 training program for school resource officers. Each preservice
9 training program shall be either modeled after a program
10 jointly designed by the department, district school personnel,
11 and law enforcement agencies, or an alternate approved by the
12 department.
13 4. The criteria used by the employing law enforcement
14 agency and the district in the selection of school resource
15 officers.
16 5. Any other information required by the commissioner.
17 6. An agreement between the school board and the law
18 enforcement agency regarding the school resource officer's
19 uniform.
20 (b) The commissioner shall review all proposed local
21 school resource officer program plans and shall approve those
22 plans which meet the purposes, intent, and requirements of
23 this section and the rules adopted by the State Board of
24 Education pursuant to this section.
25 (c) If a plan is approved, the commissioner shall
26 provide one-third of the funds for its operation from those
27 funds appropriated by the Legislature for the operation of
28 this program.
29 (d) The State Board of Education shall have the
30 authority to promulgate rules to implement the statewide
31
87
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 school resource officer program as established in this
2 section.
3 (e) The Department of Education shall provide
4 technical assistance to school boards desiring to establish
5 local school resource officer programs.
6 (2)(3) SCHOOL RESOURCE OFFICER CERTIFICATION; DUTIES
7 AND RESPONSIBILITIES.--
8 (a) School resource officers shall be certified law
9 enforcement officers, as defined in s. 943.10(1), who are
10 employed by a law enforcement agency as defined in s.
11 943.10(4). The powers and duties of a law enforcement officer
12 shall continue throughout the employee's tenure as a school
13 resource officer.
14 (b) School resource officers shall abide by school
15 board policies and shall consult with and coordinate
16 activities through the school principal, but shall be
17 responsible to the law enforcement agency in all matters
18 relating to employment, subject to agreements between a school
19 board and a law enforcement agency pursuant to subparagraph
20 (2)(a)1. Activities conducted by the school resource officer
21 which are part of the regular instructional program of the
22 school shall be under the direction of the principal.
23 (3)(4) APPLICATION FOR FEDERAL FUNDS.--The Department
24 of Education is authorized to apply for funds from, and to
25 submit all necessary forms to, any federal agency which may
26 provide assistance to programs similar to the school resource
27 officer program.
28 Section 12. Paragraph (b) of subsection (5) of section
29 230.303, Florida Statutes, is amended to read:
30 230.303 Superintendent of schools.--
31 (5)
88
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (b) In order to qualify for the special qualification
2 salary provided by paragraph (a), the superintendent must
3 complete the requirements established by the Department of
4 Education within 6 years after first taking office, except
5 that those superintendents holding office on July 1, 1980,
6 shall have until July 1, 1986, to complete such requirements.
7 Section 13. Section 230.33, Florida Statutes, 1996
8 Supplement, is amended to read:
9 230.33 Duties and responsibilities of
10 superintendent.--The superintendent shall exercise all powers
11 and perform all duties listed below and elsewhere in the law;
12 provided, that in so doing he or she shall advise and counsel
13 with the school board. The superintendent shall perform all
14 tasks necessary to make sound recommendations, nominations,
15 proposals, and reports required by law to be acted upon by and
16 rule to be made to the school board. All such
17 recommendations, nominations, proposals, and reports by the
18 superintendent shall be either recorded in the minutes or
19 shall be made in writing, noted in the minutes, and filed in
20 the public records of the board. It shall be presumed that,
21 in the absence of the record required in this paragraph, the
22 recommendations, nominations, and proposals required of the
23 superintendent were not contrary to the action taken by the
24 school board in such matters.
25 (1) ASSIST IN ORGANIZATION OF BOARD.--Preside at the
26 organization meeting of the school board and transmit to the
27 Department of Education, within 2 weeks following such
28 meeting, a certified copy of the proceedings of organization,
29 including the schedule of regular meetings, and the names and
30 addresses of district school officials.
31
89
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (2) REGULAR AND SPECIAL MEETINGS OF THE BOARD.--Attend
2 all regular meetings of the school board, call special
3 meetings when emergencies arise, and advise, but not vote, on
4 questions under consideration.
5 (3) RECORDS FOR THE BOARD.--Keep minutes of all
6 official actions and proceedings of the school board and keep
7 such other records, including records of property held or
8 disposed of by the school board, as may be necessary to
9 provide complete information regarding the district school
10 system.
11 (4) SCHOOL PROPERTY.--Act for the school board as
12 custodian of school property.
13 (a) Recommend purchase and plans for
14 control.--Recommend to the school board plans for contracting,
15 receiving, purchasing, acquiring by the institution of
16 condemnation proceedings if necessary, leasing, selling,
17 holding, transmitting, and conveying title to real and
18 personal property.
19 (b) Property held in trust.--Recommend to the school
20 board plans for holding in trust and administering property,
21 real and personal, money, or other things of value, granted,
22 conveyed, devised, or bequeathed for the benefit of the
23 schools of the district or of any one of them.
24 (5) SCHOOL PROGRAM; PREPARE 5-YEAR AND ANNUAL PLANS
25 FOR.--Supervise the assembling of data and sponsor studies and
26 surveys essential to the development of a planned school
27 program for the entire district and prepare and recommend such
28 a program to the school board as the basis for operating the
29 district school system.
30 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
31 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,
90
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 organization, and operation of such schools, classes, and
2 services as are needed to provide adequate educational
3 opportunities for all children in the district., including:
4 (a) Schools and attendance areas.--Recommend the
5 location of schools needed to accommodate the pupils of the
6 district and the area from which children should attend each
7 school.
8 (b) Recommend adequate facilities for all
9 children.--Recommend plans and procedures necessary to provide
10 adequate educational facilities for all children of the
11 district.
12 (c) Elimination of school centers and consolidation of
13 schools.--Determine when the needs of pupils can better be
14 served by eliminating school centers and by consolidating
15 schools; recommend to the school board plans for the
16 elimination of such school centers as should be eliminated and
17 for the consolidation of such schools as should be
18 consolidated.
19 (d) Cooperation with other districts in maintaining
20 schools.--Recommend plans and procedures for cooperating with
21 school boards of adjoining districts, in this state or in
22 bordering states, in establishing school attendance areas
23 composed of territory lying within the districts and for the
24 joint maintenance of district line or other schools which
25 should serve such attendance areas, and carry out such plans
26 and administer such schools for which his or her district is
27 to be responsible under any agreement which is effected.
28 (e) Classification and standardization of
29 schools.--Recommend plans and regulations for determining
30 those school centers at which work should be restricted to the
31 elementary grades, school centers at which work should be
91
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 offered only in the high school grades, and school centers at
2 which work should be offered in any or in all grades;
3 recommend the grade or grades in which work should be offered
4 at each school center; recommend bases for classifying and
5 standardizing the various schools of the district in order to
6 provide proper incentive for the improvement of all schools.
7 (f) Opening and closing dates of schools.--Recommend
8 and arrange for a uniform date each year for the opening of
9 all schools in the district, unless other dates shall be found
10 necessary and desirable; recommend and arrange the closing
11 dates for all schools in the district, these dates to be so
12 determined as to assure, as far as practicable, uniform terms
13 for all schools in the district. Recommend regulations for
14 the closing of any or all schools during an emergency and when
15 emergencies arise to close any or all schools in the district
16 and immediately notify the school board of the action taken
17 and the reason therefor.
18 (g) School holidays and vacation periods.--Recommend
19 school holidays to be observed and the manner of such
20 observance by the schools and see that such holidays as are
21 approved by the school board are properly observed; also
22 recommend school vacation periods.
23 (h) Vocational classes and schools.--Recommend plans
24 for the establishment and maintenance of vocational schools,
25 departments, or classes, giving instruction in career
26 education as defined in regulations of the state board, and
27 administer and supervise instruction in such schools,
28 departments, or classes as are established by the school
29 board.
30 (i) Cooperation with other districts in special
31 projects or activities.--Recommend plans and procedures for
92
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 cooperating with other district school boards or with other
2 agencies, in this state or in bordering states, in special
3 projects or activities which can be more economically or
4 advantageously provided by such cooperation.
5 (j) School lunches.--Recommend plans for the
6 establishment, maintenance, and operation of a school lunch
7 program consistent with state laws and regulations of the
8 state board, and to administer and supervise such services.
9 (k) Exceptional education.--Recommend plans for the
10 provision of special education classes, instruction,
11 facilities, equipment, and related services for exceptional
12 children.
13 (7) PERSONNEL.--Be responsible, as required herein,
14 for directing the work of the personnel, subject to the
15 requirements of chapter 231, and in addition the
16 superintendent shall have the following duties:
17 (a) Positions, qualifications, and
18 nominations.--Recommend to the school board duties and
19 responsibilities which need to be performed and positions
20 which need to be filled to make possible the development of an
21 adequate school program in the district; recommend minimum
22 qualifications of personnel for these various positions; and
23 nominate in writing persons to fill such positions. All
24 nominations for reappointment of supervisors and principals
25 shall be submitted to the school board not later than 1 week
26 after the end of the regular legislative session. All
27 nominations for reappointment of members of the instructional
28 staff shall be made after conferring with the principals and
29 shall be submitted in writing to the school board not later
30 than 1 week after the end of the regular legislative session.
31
93
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (b) Compensation and salary schedules.--Prepare and
2 recommend to the school board for adoption a salary schedule
3 or salary schedules to be used as the basis for paying school
4 employees, arranging such schedules, insofar as practicable,
5 so as to furnish incentive for improvement in training and for
6 continued and efficient service.
7 (c) Contracts and terms of service.--Recommend to the
8 school board terms for contracting with employees and prepare
9 such contracts as are approved. Contracts with the members of
10 the instructional staff are to be prepared, recommended, and
11 executed as hereinbefore prescribed. Authority is given to
12 make appointments to approved positions and to approve
13 compensation therefor at the rate provided in the currently
14 established salary schedule, pending action by the local board
15 at its next regular or special meeting.
16 (d) Transfer and promotions.--Recommend employees for
17 transfer and transfer any employee during any emergency and
18 report the transfer to the school board at its next regular
19 meeting.
20 (e) Suspension and dismissal.--Suspend members of the
21 instructional staff and other school employees during
22 emergencies for a period extending to and including the day of
23 the next regular or special meeting of the school board and
24 notify the school board immediately of such suspension. When
25 authorized to do so, serve notice on the suspended member of
26 the instructional staff of charges made against him or her and
27 of the date of hearing. Recommend employees for dismissal
28 under the terms prescribed herein.
29 (f) Direct work of employees and supervise
30 instruction.--Direct or arrange for the proper direction and
31 improvement, under regulations of the school board, of the
94
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 work of all members of the instructional staff and other
2 employees of the district school system and supervise or
3 arrange under rules of the school board for the supervision of
4 instruction in the district and take such steps as are
5 necessary to bring about continuous improvement.
6 (8) CHILD WELFARE.--Recommend plans to the school
7 board for the proper accounting for all children of school
8 age, for the attendance and control of pupils at school, for
9 the proper attention to health, safety, and other matters
10 which will best promote the welfare of children in the
11 following fields, as prescribed in chapter 232.:
12 (a) Admission, classification, promotion, and
13 graduation of pupils.--Recommend rules and regulations for
14 admitting, classifying, promoting, and graduating pupils to or
15 from the various schools of the district.
16 (b) Enforcement of attendance laws.--Recommend plans
17 and procedures for the enforcement of all laws and regulations
18 relating to the attendance of pupils at school and for the
19 employment of such qualified assistants as may be needed by
20 the superintendent to enforce effectively those laws.
21 (c) Control of pupils.--Propose rules and regulations
22 for the control, discipline, in-school suspension, suspension,
23 and expulsion of pupils and review and modify recommendations
24 for suspension and expulsion of pupils and transmit to the
25 school board for action recommendations for expulsion of
26 pupils. When the superintendent makes a recommendation for
27 expulsion to the school board, he or she shall give written
28 notice to the pupil and the pupil's parent or guardian of the
29 recommendation, setting forth the charges against the pupil
30 and advising the pupil and his or her parent or guardian of
31 the pupil's right to due process as prescribed by ss. 120.569
95
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 and 120.57(2). When school board action on a recommendation
2 for the expulsion of a pupil is pending, the superintendent
3 may extend the suspension assigned by the principal beyond 10
4 school days if such suspension period expires before the next
5 regular or special meeting of the school board.
6 (9) COURSES OF STUDY AND OTHER INSTRUCTIONAL
7 AIDS.--Recommend such plans for improving, providing,
8 distributing, accounting for, and caring for textbooks and
9 other instructional aids as will result in general improvement
10 of the district school system, as prescribed in chapter 233.
11 and including the following:
12 (a) Courses of study.--Prepare and recommend for
13 adoption, after consultation with teachers and principals and
14 after considering any suggestions which may have been
15 submitted by patrons of the schools, courses of study for use
16 in the schools of the district needed to supplement those
17 prescribed by the state board.
18 (b) Textbooks.--Require that all textbooks and library
19 books furnished by the state and needed in the district are
20 properly requisitioned, distributed, accounted for, stored,
21 cared for, and used; and recommend such additional textbooks
22 or library books as may be needed.
23 (c) Other instructional aids.--Recommend plans for
24 providing and facilitate the provision and proper use of such
25 other teaching accessories and aids as are needed.
26 (d) School library media services; establishment and
27 maintenance.--Recommend plans for establishing and maintaining
28 school library media centers, or school library media centers
29 open to the public, and, in addition thereto, such circulating
30 or traveling libraries as are needed for the proper operation
31 of the district school system. Recommend plans for the
96
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 establishment and maintenance of a program of school library
2 media services for all public school students. The school
3 library media services program shall be designed to ensure
4 effective use of available resources and to avoid unnecessary
5 duplication and shall include, but not be limited to, basic
6 skills development, instructional design, media collection
7 development, media program management, media production, staff
8 development, and consultation and information services.
9 (10) TRANSPORTATION OF PUPILS.--Ascertain which pupils
10 should be transported to school or to school activities,
11 determine the most effective arrangement of transportation
12 routes to accommodate these pupils; recommend such routing to
13 the school board; recommend plans and procedures for providing
14 facilities for the economical and safe transportation of
15 pupils; recommend such rules and regulations as may be
16 necessary and see that all rules and regulations relating to
17 the transportation of pupils approved by the school board, as
18 well as regulations of the state board, are properly carried
19 into effect, as prescribed in chapter 234.
20 (11) SCHOOL PLANT.--Recommend plans, and execute such
21 plans as are approved, regarding all phases of the school
22 plant program, as prescribed in chapter 235., including the
23 following:
24 (a) School building program.--Recommend plans and
25 procedures for having a survey made under the direction of the
26 department, or by some agency approved by the department, as a
27 basis for developing a districtwide school building program as
28 a phase of the 5-year program for the district and recommend
29 such program when sufficient evidence is available, specifying
30 the centers at which school work should be offered on the
31 various levels; the type, size, and location of schools to be
97
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 established; and the steps to be taken to carry out the
2 program.
3 (b) Sites, buildings, and equipment.--Recommend the
4 purchasing of school sites, playgrounds, and recreational
5 areas located at centers at which schools are to be
6 constructed and of adequate size to meet the need of pupils to
7 be accommodated; or of additions to existing sites when
8 needed; recommend the rental of buildings when necessary;
9 recommend the erection of buildings; recommend additions,
10 alterations, and repairs to buildings and other school
11 properties; ensure that all plans and specifications for
12 buildings provide adequately for the safety of pupils as well
13 as for economy of construction by submitting such plans and
14 specifications to the Department of Education for approval;
15 recommend the purchasing of furniture, books, apparatus, and
16 other equipment necessary for the proper conduct of the work
17 of the schools.
18 (c) Maintenance and upkeep of the school
19 plant.--Propose plans for assuring proper maintenance and
20 upkeep of the school plant and for the provision of the
21 utilities and supplies for the operation of the schools; and
22 when the plans are approved by the school board, take such
23 steps as are necessary to see that buildings are kept in
24 proper sanitary and physical condition and that heat, lights,
25 water, and power and other supplies and utilities are
26 adequate.
27 (d) Insurance of school property.--Propose plans and
28 procedures for insuring economically every plant and its
29 contents, boilers and machinery as well as school buses and
30 other property, under the control of the school board and see
31 that the proper records are kept of such insurance.
98
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (e) Condemnation of buildings.--Inspect periodically
2 all school buildings and surroundings to determine whether
3 there are any unsanitary conditions or whether there are
4 physical hazards which are likely to jeopardize the health or
5 life of the pupils or instructional staff; request competent
6 assistance from the state or other authorized agency, if
7 necessary, to determine whether buildings found to be
8 defective should be condemned and to recommend to the school
9 board condemnation of buildings which should be abandoned.
10 (12) FINANCE.--Recommend measures to the school board
11 to assure adequate educational facilities throughout the
12 district, in accordance with the financial procedure
13 authorized in chapters 236 and 237 and as prescribed below:
14 (a) Plan for operating all schools for minimum
15 term.--Determine and recommend district funds necessary in
16 addition to state funds to provide for at least a 180-day
17 school term or the equivalent on an hourly basis as specified
18 by rules which shall be adopted by the State Board of
19 Education and recommend plans for ensuring the operation of
20 all schools for the term authorized by the school board.
21 (b) Annual budget.--Prepare the annual school budget
22 to be submitted to the school board for adoption according to
23 law and submit this budget, when adopted by the school board,
24 to the Department of Education on or before the date required
25 by rules of the state board.
26 (c) Tax levies.--Recommend to the school board, on the
27 basis of the needs shown by the budget, the amount of district
28 school tax levy necessary to provide the district school funds
29 needed for the maintenance of the public schools; recommend to
30 the school board the tax levy required on the basis of the
31 needs shown in the budget for the district bond interest and
99
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 sinking fund of each district; and recommend to the school
2 board to be included on the ballot at each district millage
3 election the school district tax levies necessary to carry on
4 the school program.
5 (d) School funds.--Keep an accurate account of all
6 funds which should be transmitted to the school board for
7 school purposes at various periods during the year and see,
8 insofar as possible, that these funds are transmitted
9 promptly; report promptly to the school board any
10 delinquencies or delays that occur in making available any
11 funds that should be made available for school purposes.
12 (e) Borrowing money.--Recommend when necessary the
13 borrowing of money as prescribed by law.
14 (f) Financial records and accounting.--Keep or have
15 kept accurate records of all financial transactions.
16 (g) Payrolls and accounts.--Maintain accurate and
17 current statements of accounts due to be paid by the school
18 board; certify these statements as correct; liquidate board
19 obligations in accordance with the official budget and rules
20 of the school board; and prepare periodic reports as required
21 by rules of the state board, showing receipts, balances, and
22 disbursements to date, and file copies of such periodic
23 reports with the Department of Education.
24 (h) Bonds for employees.--Recommend the bonds of all
25 school employees who should be bonded in order to provide
26 reasonable safeguards for all school funds or property.
27 (i) Contracts.--After study of the feasibility of
28 contractual services with industry, recommend to the school
29 board the desirable terms, conditions, and specifications for
30 contracts for supplies, materials, or services to be rendered
31
100
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 and see that materials, supplies, or services are provided
2 according to contract.
3 (j) Investment policies.--The superintendent shall,
4 after careful examination, recommend policies to the school
5 board which will provide for the investment or deposit of
6 school funds not needed for immediate expenditures which shall
7 earn the maximum possible yield under the circumstances on
8 such investments or deposits. The superintendent shall cause
9 to be invested at all times all school moneys not immediately
10 needed for expenditures pursuant to the policies of the school
11 board.
12 (k) Protection against loss.--Recommend programs and
13 procedures to the school board necessary to protect the school
14 system adequately against loss or damage to school property or
15 against loss resulting from any liability for which the board
16 or its officers, agents, or employees may be responsible under
17 law.
18 (l) Millage elections.--Recommend plans and procedures
19 for holding and supervising all school district millage
20 elections.
21 (m) Budgets and expenditures.--Prepare, after
22 consulting with the principals of the various schools,
23 tentative annual budgets for the expenditure of district funds
24 for the benefit of public school pupils of the district.
25 (n) Bonds.--Recommend the amounts of bonds to be
26 issued in the district and assist in the preparation of the
27 necessary papers for an election to determine whether the
28 proposed bond issue will be approved by the electors; if such
29 bond issue be approved by the electors, recommend plans for
30 the sale of bonds and for the proper expenditure of the funds
31 derived therefrom.
101
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (13) RECORDS AND REPORTS.--Recommend such records as
2 should be kept in addition to those prescribed by rules of the
3 state board or by the department; prepare forms for keeping
4 such records as are approved by the school board; see that
5 such records are properly kept; and make all reports that are
6 needed or required, as follows:
7 (a) Forms, blanks, and reports.--Require that all
8 employees keep accurately all records and make promptly in
9 proper form all reports required by the school code or by
10 rules of the state board; recommend the keeping of such
11 additional records and the making of such additional reports
12 as may be deemed necessary to provide data essential for the
13 operation of the school system; and prepare such forms and
14 blanks as may be required and see that these records and
15 reports are properly prepared.
16 (b) Reports to the department.--Prepare, for the
17 approval of the school board, all reports that may be required
18 by law or rules of the state board to be made to the
19 department and transmit promptly all such reports, when
20 approved, to the department, as required by law. If any such
21 reports are not transmitted at the time and in the manner
22 prescribed by law or by state board rules, the salary of the
23 superintendent shall be withheld until such report has been
24 properly submitted. Unless otherwise provided by regulations
25 of the state board, the annual report on attendance and
26 personnel shall be due on or before July 1, and the annual
27 school budget and the report on finance shall be due on the
28 date prescribed by the state board.
29 (c) Failure to make reports; penalty.--Any
30 superintendent who knowingly signs and transmits to any state
31
102
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 official a false or incorrect report shall forfeit his or her
2 right to any salary for the period of 1 year from that date.
3 (14) COOPERATION WITH OTHER AGENCIES.--
4 (a) Cooperation with governmental agencies in
5 enforcement of laws and rules.--Recommend plans for
6 cooperating with, and, on the basis of approved plans,
7 cooperate with federal, state, county, and municipal agencies
8 in the enforcement of laws and rules pertaining to all matters
9 relating to education and child welfare.
10 (b) Cooperation with other local administrators to
11 achieve the first state education goal.--Cooperate with the
12 district administrator of the Department of Health and
13 Rehabilitative Services and with administrators of other local
14 public and private agencies to achieve the first state
15 education goal, readiness to start school.
16 (c) Identifying and reporting names of migratory
17 children, other information.--Recommend plans for identifying
18 and reporting to the Department of Education the name of each
19 child in the school district who qualifies according to the
20 definition of a migratory child, based on Pub. L. No. 95-561,
21 and for reporting such other information as may be prescribed
22 by the department.
23 (15) ENFORCEMENT OF LAWS AND RULES.--Require that all
24 laws and rules of the state board, as well as supplementary
25 rules of the school board, are properly observed and report to
26 the school board any violation which the superintendent does
27 not succeed in having corrected.
28 (16) COOPERATE WITH SCHOOL BOARD.--Cooperate with the
29 school board in every manner practicable to the end that the
30 district school system may continuously be improved.
31
103
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (17) VISITATION OF SCHOOLS.--Visit the schools;
2 observe the management and instruction; give suggestions for
3 improvement; and advise with supervisors, principals,
4 teachers, patrons, and other citizens with the view of
5 promoting interest in education and improving the school
6 conditions of the district.
7 (18) CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call
8 and conduct institutes and conferences with employees of the
9 school board, school patrons, and other interested citizens;
10 organize and direct study and extension courses for employees,
11 advising them as to their professional studies; assist patrons
12 and people generally in acquiring knowledge of the aims,
13 services, and needs of the schools.
14 (19) PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend
15 such conferences for superintendents as may be called or
16 scheduled by the Department of Education and avail himself or
17 herself of means of professional and general improvement so
18 that he or she may function most efficiently.
19 (20) RECOMMEND REVOKING CERTIFICATES.--Recommend in
20 writing to the Department of Education the revoking of any
21 certificate for good cause, including a full statement of the
22 reason for the superintendent's recommendation.
23 (21) MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with
24 the school board and make available to his or her successor
25 upon retiring from office a complete inventory of school
26 equipment and other property, together with all official
27 records and such other records as may be needed in supervising
28 instruction and in administering the district school system.
29 (22) RECOMMEND PROCEDURES FOR INFORMING GENERAL
30 PUBLIC.--Recommend to the school board procedures whereby the
31 general public can be adequately informed of the educational
104
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 programs, needs, and objectives of public education within the
2 district.
3 (23) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend
4 procedures for implementing and maintaining a system of school
5 improvement and education accountability as provided by
6 statute and State Board of Education rule.
7 (24) OTHER DUTIES AND RESPONSIBILITIES.--Perform such
8 other duties as may be assigned to the superintendent by law
9 or by rules of the state board.
10 Section 14. Subsection (2) of section 230.331, Florida
11 Statutes, is amended to read:
12 230.331 Reproduction and destruction of district
13 school records.--
14 (2) After complying with the provisions of s. 257.37,
15 the superintendent is authorized to photograph,
16 microphotograph, or reproduce on film or prints, documents,
17 records, data, and information of a permanent character which
18 in his or her discretion he or she may select, and the
19 superintendent is authorized to destroy any of the said
20 documents after they have been reproduced photographed and
21 after audit of the superintendent's office has been completed
22 for the period embracing the dates of said instruments.
23 Information Photographs or microphotographs in the form of
24 film or prints made in compliance with the provisions of this
25 section shall have the same force and effect as the originals
26 thereof would have, and shall be treated as originals for the
27 purpose of their admissibility in evidence. Duly certified or
28 authenticated reproductions of such photographs or
29 microphotographs shall be admitted in evidence equally with
30 the originals original photographs or microphotographs.
31
105
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 15. Section 230.35, Florida Statutes, is
2 amended to read:
3 230.35 Schools under control of school board and
4 superintendent.--Except as otherwise provided by law, all
5 public schools conducted within the district shall be under
6 the direction and control of the school board with the
7 superintendent as executive officer.
8 Section 16. Sections 230.59 and 230.655, Florida
9 Statutes, and section 230.71, Florida Statutes, as amended by
10 chapters 95-147 and 95-376, Laws of Florida, are hereby
11 repealed.
12 Section 17. Paragraph (a) of subsection (1) of section
13 232.01, Florida Statutes, is amended to read:
14 232.01 Regular School attendance required between ages
15 of 6 and 16; permitted at age of 5; exceptions.--
16 (1)(a)1. All children who have attained the age of 6
17 years or who will have attained the age of 6 years by February
18 1 of any school year or who are older than 6 years of age but
19 who have not attained the age of 16 years, except as
20 hereinafter provided, are required to attend school regularly
21 during the entire school term.
22 2. Children who will have attained the age of 5 years
23 on or before September 1 of the school year are eligible for
24 admission to public kindergartens during that school year
25 under rules prescribed by the school board.
26 3. Children who will have attained the age of 3 years
27 on or before September 1 of the school year are eligible for
28 admission to prekindergarten early intervention programs
29 during that school year as provided in s. 230.2305 or a
30 preschool program as provided in s. 228.061.
31
106
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 18. Section 232.021, Florida Statutes, is
2 amended to read:
3 232.021 Attendance records and reports required.--All
4 officials, teachers, and other employees in public, parochial,
5 denominational, and private schools, including private tutors,
6 shall keep all records and shall prepare and submit promptly
7 all reports that may be required by law and by regulations of
8 state and district boards. Such records shall include a
9 register of enrollment and attendance and all such persons
10 named above shall make such reports therefrom as may be
11 required by the state board. The enrollment register shall
12 show the absence or attendance of each child enrolled for each
13 school day of the year in a manner prescribed by the state
14 board. The register shall be open for the inspection by the
15 designated school representative or the superintendent or
16 attendance assistant of the district in which the school is
17 located. Violation of the provisions of this section shall be
18 a misdemeanor of the second degree, punishable as provided by
19 law.
20 Section 19. Section 232.0225, Florida Statutes, is
21 amended to read:
22 (Substantial rewording of section. See
23 s. 232.0225, F.S., for present text.)
24 232.0225 Absence for religious instruction or
25 holidays.--Each school board shall adopt a policy which
26 authorizes a parent or guardian to request and be granted
27 permission for absence of a student from school for religious
28 instruction or religious holidays.
29 Section 20. Section 232.023, Florida Statutes, as
30 amended by chapter 95-147, Laws of Florida, is hereby
31 repealed.
107
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 21. Section 232.03, Florida Statutes, is
2 amended to read:
3 232.03 Evidence of date of birth required.--Before
4 admitting a child to prekindergarten or kindergarten, the
5 principal shall require evidence that the child has attained
6 the age at which he or she should be admitted in accordance
7 with the provisions of s. 232.01, s. 232.04, or s. 232.045.
8 The superintendent may require evidence of the age of any
9 child whom he or she believes to be within the limits of
10 compulsory attendance as provided for by law. If the first
11 prescribed evidence is not available, the next evidence
12 obtainable in the order set forth below shall be accepted:
13 (1) A duly attested transcript of the child's birth
14 record filed according to law with a public officer charged
15 with the duty of recording births;
16 (2) A duly attested transcript of a certificate of
17 baptism showing the date of birth and place of baptism of the
18 child, accompanied by an affidavit sworn to by the parent;
19 (3) An insurance policy on the child's life which has
20 been in force for at least 2 years;
21 (4) A bona fide contemporary Bible record of the
22 child's birth accompanied by an affidavit sworn to by the
23 parent;
24 (5) A passport or certificate of arrival in the United
25 States showing the age of the child;
26 (6) A transcript of record of age shown in the child's
27 school record of at least 4 years prior to application,
28 stating date of birth; or
29 (7) If none of these evidences can be produced, an
30 affidavit of age sworn to by the parent, accompanied by a
31 certificate of age signed by a public health officer or by a
108
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 public school physician, or, if neither of these shall be
2 available in the county, by a licensed practicing physician
3 designated by the school board, which certificate shall state
4 that the health officer or physician has examined the child
5 and believes that the age as stated in the affidavit is
6 substantially correct.
7 Section 22. Subsection (2) of section 232.032, Florida
8 Statutes, as created by chapter 94-320, Laws of Florida,
9 section 232.034, Florida Statutes, as amended by chapter
10 95-147, Laws of Florida, and sections 232.04 and 232.045,
11 Florida Statutes, are hereby repealed.
12 Section 23. Section 232.06, Florida Statutes, is
13 amended to read:
14 232.06 Certificates of exemptions authorized in
15 certain cases.--Children within the compulsory attendance age
16 limits who hold valid certificates of exemption which have
17 been issued by the superintendent shall be exempt from
18 attending school. A certificate of exemption shall cease to
19 be valid at the end of the school year in which it is issued.
20 Children entitled to such certificates and the conditions upon
21 which they may be issued are as follows:
22 (1) PHYSICAL AND MENTAL DISABILITY.--Any child whose
23 physical, mental, or emotional condition is such as to prevent
24 his or her successful participation in regular or special
25 education programs for exceptional children; provided, that
26 before issuing a certificate of exemption for physical,
27 mental, or emotional disability, the superintendent shall
28 require the submission of a statement from the county health
29 officer, if a licensed physician, in counties having such an
30 officer, and in other counties from a licensed practicing
31 physician or qualified psychological examiner designated by
109
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the district certifying that the child is physically or
2 mentally incapacitated for school attendance; provided,
3 further, that if appropriate programs are not available within
4 the school system, arrangements shall be made with adjoining
5 districts or other appropriate agencies, residential schools,
6 or approved nonpublic schools providing appropriate programs
7 and services as determined by the Department of Education
8 under regulations prescribed by the state board. Any child so
9 exempt from educational provisions shall immediately be
10 reported to the department.
11 (2) EMPLOYMENT EXEMPTION.--Children who have reached
12 14 years of age who hold employment certificates and are
13 employed under provisions of the Child Labor Law.
14 (3) JUDICIAL EXEMPTIONS.--Upon the recommendation of a
15 circuit judge and the agreement of the superintendent, any
16 child within the compulsory attendance age limit may be
17 granted a certificate of exemption.
18 (4) CHILD CARE EXEMPTION.--A parent who does not have
19 access to child care, provided that:
20 (a) The superintendent certifies that:
21 1. Space is not available in any child care center
22 which is operated by, or under contract with, the school
23 district and is located within 1 hour from the student's home
24 or 30 minutes from the student's school.
25 2. The student's child has been placed on the waiting
26 list for enrollment in the child care centers operated by, or
27 under contract with, the school district.
28 3. The student is not required to enroll in the
29 district's teenage parent program as an eligibility
30 requirement for enrollment of the student's child in a school
31 district child care center.
110
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 4. When child care is not available within the school
2 system, the district has attempted to arrange child care
3 through the Florida Subsidized Child Care Program.
4 (b) In all cases, the certificate of exemption remains
5 valid until the student's child is placed in a child care
6 center operated by, or under contract with, the school
7 district, until a Florida Subsidized Child Care Program
8 enrollment is available, or until the end of the school year,
9 whichever occurs sooner.
10 Section 24. Section 232.09, Florida Statutes, is
11 amended to read:
12 232.09 Parents responsible for attendance of
13 children.--Each parent of a child within the compulsory
14 attendance age shall be responsible for such child's school
15 attendance as required by law. The absence of a child from
16 school shall be prima facie evidence of a violation of this
17 section; however, no criminal prosecution shall be brought
18 against a parent, guardian, or other person having control of
19 the child until the provisions of s. 232.17(2)(c) have been
20 complied with. No parent of a child shall be held responsible
21 for such child's nonattendance at school under any of the
22 following conditions:
23 (1) WITH PERMISSION.--The absence was with permission
24 of the head of the school; or
25 (2) WITHOUT KNOWLEDGE.--The absence was without the
26 parent's knowledge, consent, or connivance, in which case the
27 child shall be dealt with as a dependent child; or
28 (3) FINANCIAL INABILITY.--The parent was unable
29 financially to provide necessary clothes for the child, which
30 inability was reported in writing to the superintendent prior
31 to the opening of school or immediately after the beginning of
111
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 such inability; provided, that the validity of any claim for
2 exemption under this subsection shall be determined by the
3 superintendent subject to appeal to the school board; or
4 (4) SICKNESS, INJURY, OR OTHER INSURMOUNTABLE
5 CONDITION.--Attendance was impracticable or inadvisable on
6 account of sickness or injury, attested to by a written
7 statement of a licensed practicing physician, or was
8 impracticable because of some other stated insurmountable
9 condition as defined by rules regulations of the state board.
10 Section 25. Sections 232.10, 232.13, and 232.165,
11 Florida Statutes, are hereby repealed.
12 Section 26. Section 232.17, Florida Statutes, 1996
13 Supplement, is amended to read:
14 232.17 Enforcement of school attendance assistants;
15 qualifications; compensation; duties.--Provisions for the
16 employment, qualifications, compensation, and duties of
17 attendance assistants shall be as follows:
18 (1) EMPLOYMENT AND QUALIFICATIONS OF ATTENDANCE
19 ASSISTANTS.--The school board, upon the recommendation of the
20 superintendent, may employ and fix the compensation, including
21 reimbursement for travel, of a sufficient number of qualified
22 attendance assistants to guarantee regular attendance at
23 school of all children of the district within compulsory
24 school-age requirements who are not herein exempted from
25 attendance.
26 (2) DUTIES AND RESPONSIBILITIES OF ATTENDANCE
27 ASSISTANTS.--The duties and responsibilities of the attendance
28 assistant shall be exercised under the direction of the
29 superintendent and shall be as follows:
30 (a) Maintain records.--Pupil accounting records,
31 unless maintained by others assigned by the superintendent,
112
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 shall be kept by attendance assistants. These records shall
2 be on forms approved pursuant to regulations of the state
3 board.
4 (1)(b) INVESTIGATE NONENROLLMENT AND UNEXCUSED
5 ABSENCES.--In accordance with procedure established by the
6 state board, a designated school representative attendance
7 assistants shall investigate cases of nonenrollment and
8 unexcused absences from school of all children within the
9 compulsory school age.
10 (2)(c) GIVE WRITTEN NOTICE.--Under the direction of
11 the superintendent, a designated school representative the
12 attendance assistant shall give written notice, either in
13 person or by return receipt registered mail, to the parent,
14 guardian, or other person having control when no valid reason
15 is found for a child's nonenrollment in school or when the
16 child has a minimum of 3 but fewer than 15 unexcused absences
17 within 90 days, requiring enrollment or attendance within 3
18 days from the date of notice. If such notice and requirement
19 are ignored, the school representative attendance assistant
20 shall report the case to the superintendent, and may refer the
21 case to the case staffing committee, established pursuant to
22 s. 39.426, if the conditions of s. 232.19(3) have been met.
23 The superintendent may take such steps as are necessary to
24 bring criminal prosecution against the parent, guardian, or
25 other person having control. No further written notice of the
26 child's absence from school is required to be given to the
27 parent, guardian, or other person having control unless the
28 child, upon his or her return to school, remains in attendance
29 for 10 consecutive days.
30 (3)(d) RETURN CHILD TO PARENT.--A designated school
31 representative The attendance assistant shall visit the home
113
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 or place of residence of a child and any other place in which
2 he or she is likely to find any child who is required to
3 attend school when such child is absent from school during
4 school hours, and, when such child has been found, shall
5 return the child to his or her parent or to the principal or
6 teacher in charge of the school, or to the private tutor from
7 whom absent.
8 (e) Visit home.--The attendance assistant shall visit
9 promptly the home of each child of school age in his or her
10 attendance district not in attendance upon the school, and of
11 any child who should attend the Florida State School for the
12 Deaf and the Blind, and who is reported as not enrolled in
13 that school or as absent without excuse. If no valid reason
14 is found for such nonenrollment or absence from such school or
15 schools the attendance assistant shall give written notice to
16 the parent, requiring the child's enrollment or attendance as
17 prescribed above. The attendance assistant shall secure the
18 written approval of the president of the Florida State School
19 for the Deaf and the Blind before he or she directs or
20 requests the parents of any child to take or send such child
21 to that school. Ten days' notice must be given in the case of
22 a child who is ordered sent to that school. On refusal or
23 failure of the parent to meet such requirement, the attendance
24 assistant shall report the same to the superintendent, and
25 that official shall proceed to take such action as is
26 prescribed in s. 232.19(2).
27 (4)(f) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
28 designated school representative The attendance assistant
29 shall report to the Division of Jobs and Benefits of the
30 Department of Labor and Employment Security or to any person
31 acting in similar capacity who may be designated by law to
114
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 receive such notices, all violations of the Child Labor Law
2 that may come to his or her knowledge.
3 (5)(g) RIGHT TO INSPECT.--A designated school
4 representative The attendance assistant shall have the same
5 right of access to, and inspection of, establishments where
6 minors may be employed or detained as is given by law to the
7 Division of Jobs and Benefits only for the purpose of
8 ascertaining whether children of compulsory school age are
9 actually employed there and are actually working there
10 regularly. The school representative attendance assistant
11 shall, if he or she finds unsatisfactory working conditions or
12 violations of the Child Labor Law, report his or her findings
13 to the Division of Jobs and Benefits or its agents.
14 (h) Record of visits.--The attendance assistant shall
15 keep an accurate record of all children returned to schools or
16 homes, of all cases prosecuted, and of all other service
17 performed. A written report of all such activities shall be
18 made quarterly to the school board and shall be filed in the
19 office of the superintendent.
20 Section 27. Subsections (3) and (5) of section 232.19,
21 Florida Statutes, 1996 Supplement, are amended to read:
22 232.19 Court procedure and penalties.--The court
23 procedure and penalties for the enforcement of the provisions
24 of this chapter, relating to compulsory school attendance,
25 shall be as follows:
26 (3) HABITUAL TRUANCY CASES.--A designated school
27 representative The school social worker, the attendance
28 assistant, or the school superintendent's designee if there is
29 no school social worker or attendance assistant shall refer a
30 student who is habitually truant and the student's family to
31 the children-in-need-of-services and
115
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 families-in-need-of-services provider or the case staffing
2 committee, established pursuant to s. 39.426, as determined by
3 the cooperative agreement required in this section. The case
4 staffing committee may request the Department of Juvenile
5 Justice or its designee to file a child-in-need-of-services
6 petition based upon the report and efforts of the school
7 district or other community agency or may seek to resolve the
8 truancy behavior through the school or community-based
9 organizations or agencies. Prior to and subsequent to the
10 filing of a child-in-need-of-services petition due to habitual
11 truancy, the appropriate governmental agencies must allow a
12 reasonable time to complete actions required by this
13 subsection to remedy the conditions leading to the truant
14 behavior. The following criteria must be met and documented in
15 writing prior to the filing of a petition:
16 (a) The child must have 15 unexcused absences within
17 90 days with or without the knowledge or consent of the
18 child's parent or legal guardian and must not be exempt from
19 attendance by virtue of being over the age of compulsory
20 school attendance or by meeting the criteria in s. 232.06, s.
21 232.09, or any other exemption specified by law or the rules
22 of the State Board of Education.
23 (b) In addition to the actions described in s. 232.17,
24 the school administration must have completed the following
25 activities to determine the cause, and to attempt the
26 remediation, of the child's truant behavior:
27 1. After a minimum of 3 and prior to 15 unexcused
28 absences within 90 days, one or more meetings must have been
29 held, either in person or by phone, between a designated
30 school representative attendance assistant or school social
31 worker, the child's parent or guardian, and the child, if
116
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 necessary, to report and to attempt to solve the truancy
2 problem. However, if the designated school representative
3 attendance assistant or school social worker has documented
4 the refusal of the parent or guardian to participate in the
5 meetings, this requirement has been met.
6 2. Educational counseling must have been provided to
7 determine whether curriculum changes would help solve the
8 truancy problem, and, if any changes were indicated, such
9 changes must have been instituted but proved unsuccessful in
10 remedying the truant behavior. Such curriculum changes may
11 include enrollment of the child in a dropout prevention an
12 alternative education program that meets the specific
13 educational and behavioral needs of the child, including a
14 second chance school, as provided for in s. 230.2316, designed
15 to resolve truant behavior.
16 3. Educational evaluation, which may include
17 psychological evaluation, must have been provided to assist in
18 determining the specific condition, if any, that is
19 contributing to the child's nonattendance. The evaluation
20 must have been supplemented by specific efforts by the school
21 to remedy any diagnosed condition.
22
23 If a child within the compulsory school attendance age is
24 responsive to the interventions described in this paragraph
25 and has completed the necessary requirements to pass the
26 current grade as indicated in the district pupil progression
27 plan, the child shall be passed.
28 (c) The district manager of the Department of Juvenile
29 Justice or the district manager's designee and the
30 superintendent of the local school district or the
31 superintendent's designee must have developed a cooperative
117
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 interagency agreement which clearly defines each department's
2 role, responsibility, and function in working with habitual
3 truants and their families. The interagency agreement shall
4 specify that the participants address issues of streamlining
5 service delivery, the appropriateness of legal intervention,
6 case management, the role and responsibility of the case
7 staffing committee, student and parental intervention and
8 involvement, and community action plans. The interagency
9 agreement shall delineate timeframes for implementation and
10 identify a mechanism for reporting results by the district
11 juvenile justice manager or the district manager's designee
12 and the superintendent of schools or the superintendent's
13 designee to the Department of Juvenile Justice and the
14 Department of Education and other governmental entities as
15 needed. The cooperative agreement may designate which agency
16 shall be responsible for the intervention steps in s.
17 39.01(73), or this section, if such designation shall yield
18 more effective and efficient intervention services.
19 (5) PROCEEDINGS AND PROSECUTIONS; WHO MAY
20 BEGIN.--Proceedings or prosecutions under the provisions of
21 this chapter may be begun by the superintendent, by a
22 designated school representative an attendance assistant, by
23 the probation officer of the county, by the executive officer
24 of any court of competent jurisdiction, or by an officer of
25 any court of competent jurisdiction, or by a duly authorized
26 agent of the Department of Education.
27 (6) PENALTIES.--The penalties for refusing or failing
28 to comply with the provisions of this chapter shall be as
29 follows:
30 (a) The parent.--A parent who refuses or fails to have
31 a child who is under his or her control attend school
118
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 regularly, or who refuses or fails to comply with the
2 requirements in subsection (3), is guilty of a misdemeanor of
3 the second degree, punishable as provided by law. The
4 continued or habitual absence of a child without the consent
5 of the principal or teacher in charge of the school he or she
6 attends or should attend, or of the tutor who instructs or
7 should instruct him or her, is prima facie evidence of a
8 violation of this chapter; however, the court of the
9 appropriate jurisdiction, upon finding that the parent has
10 made a bona fide and diligent effort to control and keep the
11 child in school, shall excuse the parent from any criminal
12 liability prescribed herein and shall refer the parent and
13 child for counseling, guidance, or other needed services.
14 (b) The principal or teacher.--A principal or teacher
15 in charge of a school, public, parochial, denominational, or
16 private, or a private tutor who willfully violates any
17 provision of this chapter may, upon satisfactory proof of such
18 violation, have his or her certificate revoked by the
19 Department of Education.
20 (c) The employer.--An employer who fails to notify the
21 superintendent when he or she ceases to employ a child is
22 guilty of a misdemeanor of the second degree, punishable as
23 provided by law.
24 Section 28. Subsections (2) and (3) of section
25 232.245, Florida Statutes, and section 232.2452, Florida
26 Statutes, as amended by chapter 95-147, Laws of Florida, are
27 hereby repealed.
28 Section 29. Section 232.2461, Florida Statutes, is
29 hereby repealed.
30 Section 30. Section 232.2462, Florida Statutes, is
31 amended to read:
119
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 232.2462 Attendance requirement for receipt of high
2 school credit; Definition of "credit".--
3 (1)(a) For the purposes of requirements for high
4 school graduation, one full credit means a minimum of 150
5 hours of bona fide instruction in a designated course of study
6 which contains student performance standards as provided for
7 in s. 232.2454. Six semester credit hours of instruction
8 earned through enrollment pursuant to s. 240.116 shall also
9 equal one full credit.
10 (b) The hourly requirements for one-half credit are
11 one-half the requirements specified in paragraph (a).
12 (2) A student may not be awarded a credit if he or she
13 has not been in for instruction for a minimum of 135 hours
14 unless he or she has demonstrated mastery of the student
15 performance standards in the course of study as provided by
16 rules of the district school board. Excused absences as
17 determined by the district school board and as carried out by
18 the secondary school principal shall not be counted against
19 the 135-hour minimum requirement. Criteria for determining
20 excused absences shall be as provided in s. 232.0225, absence
21 for religious instruction, or a religious holiday, and s.
22 232.09(4), absence due to sickness, injury, or other
23 insurmountable condition, and absence due to participation in
24 an academic class or program. Missed work shall be made up, as
25 provided in the pupil progression plan established by the
26 district school board by rule, for all excused absences. The
27 difference between the 135-hour minimum requirement and the
28 150-hour definition of full credit established in this section
29 may at the discretion of the secondary school principal be
30 used for noninstructional extracurricular activities unless
31 otherwise provided by district school board rule. In credit
120
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 programs operated in the period beyond 180 school days, each
2 full-credit course must be established for a minimum of 120
3 hours.
4 (2)(3) In awarding credit for high school graduation,
5 each school district shall maintain a one-half credit earned
6 system which shall include courses provided on a full-year
7 basis. A student enrolled in a full-year course shall receive
8 one-half credit if the student successfully completes either
9 the first half or the second half of a full-year course but
10 fails to successfully complete the other half of the course
11 and the averaging of the grades obtained in each half would
12 not result in a passing grade. A student enrolled in a
13 full-year course shall receive a full credit if the student
14 successfully completes either the first half or the second
15 half of a full-year course but fails to successfully complete
16 the other half of the course and the averaging of the grades
17 obtained in each half would result in a passing grade,
18 provided that such additional requirements specified in school
19 board policies, such as class attendance, homework,
20 participation, and other indicators of performance, shall be
21 successfully completed by the student.
22 Section 31. Subsections (2) and (3) of section
23 232.2468, Florida Statutes, as amended by chapters 96-221 and
24 96-406, Laws of Florida, are hereby repealed, and subsection
25 (1) of said section is renumbered as subsections (41), (42),
26 and (43) of section 228.041, Florida Statutes, 1996
27 Supplement, and amended to read:
28 228.041 Definitions.--Specific definitions shall be as
29 follows, and wherever such defined words or terms are used in
30 the Florida School Code, they shall be used as follows:
31 (1) DEFINITION.--
121
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (41)(a) GRADUATION RATE.--The term "graduation rate"
2 means the percentage calculated by dividing the number of
3 entering 9th graders into the number of students who receive,
4 4 years later, a high school diploma, a special diploma, or a
5 certificate of completion, as provided for in s. 232.246, or
6 who receive a special certificate of completion, as provided
7 in s. 232.247, and students 19 years of age or younger who
8 receive a general equivalency diploma, as provided in s.
9 229.814. The number of 9th grade students used in the
10 calculation of a graduation rate for this state shall be
11 students enrolling in the grade for the first time.
12 (42)(b) HABITUAL TRUANCY RATE.--The term "habitual
13 truancy rate" means the annual percentage of students in
14 membership within the age of compulsory school attendance
15 pursuant to s. 232.01 who are classified as habitual truants
16 as defined in subsection s. 228.041(28).
17 (43)(c) DROPOUT RATE.--The term "dropout rate" means
18 the annual percentage calculated by dividing the number of
19 students over the age of compulsory school attendance,
20 pursuant to s. 232.01, at the time of the fall membership
21 count, into the number of students who withdraw from school
22 during a given school year and who are classified as dropouts
23 pursuant to subsection s. 228.041(29).
24
25 The State Board of Education may adopt rules to implement this
26 subsection.
27 Section 32. Section 232.257, Florida Statutes, as
28 amended by chapters 95-147 and 95-376, Laws of Florida, and
29 section 232.258, Florida Statutes, as created by chapter
30 94-209, Laws of Florida, are hereby repealed.
31
122
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 33. Subsection (3) of section 232.271, Florida
2 Statutes, 1996 Supplement, is amended to read:
3 232.271 Removal by teacher.--
4 (3) If a teacher removes a student from class under
5 subsection (2), the principal may place the student in another
6 appropriate classroom, in in-school suspension, or in a
7 dropout prevention an alternative education program as
8 provided by s. 230.2316; or the principal may recommend the
9 student for out-of-school suspension or expulsion, as
10 appropriate. The student may be prohibited from attending or
11 participating in school-sponsored or school-related
12 activities. The principal may not return the student to that
13 teacher's class without the teacher's consent unless the
14 committee established under s. 232.272 determines that such
15 placement is the best or only available alternative. The
16 teacher and the placement review committee must render
17 decisions within 5 days of the removal of the student from the
18 classroom.
19 Section 34. Sections 232.276, 232.3015, and 232.303,
20 Florida Statutes, and section 232.304, Florida Statutes, as
21 amended by chapter 95-147, Laws of Florida, are hereby
22 repealed.
23 Section 35. Section 233.011, Florida Statutes, as
24 amended by chapter 95-147, Laws of Florida, is hereby
25 repealed.
26 Section 36. Section 233.061, Florida Statutes, is
27 amended to read:
28 233.061 Required instruction.--
29 (1) Each school district shall provide all courses
30 required for high school graduation and appropriate
31 instruction designed to ensure that students meet state board
123
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 adopted standards in the following subject areas: reading and
2 other language arts, mathematics, science, social studies,
3 foreign languages, health and physical education, and the
4 arts.
5 (2)(1) Members of the instructional staff of the
6 public schools, subject to the rules and regulations of the
7 state board and of the school board, shall teach efficiently
8 and faithfully, using the books and materials required,
9 following the prescribed courses of study, and employing
10 approved methods of instruction, the following:
11 (a) The content of the Declaration of Independence and
12 how it forms the philosophical foundation of our government.;
13 (b) The arguments in support of adopting our
14 republican form of government, as they are embodied in the
15 most important of the Federalist Papers.;
16 (c) The essentials of the United States Constitution
17 and how it provides the structure of our government.;
18 (d) Flag education, including proper flag display and
19 flag salute.;
20 (e) The elements of civil government.;
21 (f) The history of the Holocaust (1933-1945), the
22 systematic, planned annihilation of European Jews and other
23 groups by Nazi Germany, a watershed event in the history of
24 humanity, to be taught in a manner that leads to an
25 investigation of human behavior, an understanding of the
26 ramifications of prejudice, racism, and stereotyping, and an
27 examination of what it means to be a responsible and
28 respectful person, for the purposes of encouraging tolerance
29 of diversity in a pluralistic society and for nurturing and
30 protecting democratic values and institutions.;
31
124
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (g) The history of African-Americans, including the
2 history of African peoples before the political conflicts that
3 led to the development of slavery, the passage to America, the
4 enslavement experience, abolition, and the contributions of
5 African-Americans to society.;
6 (h) The elementary principles of agriculture.;
7 (i) The true effects of all alcoholic and intoxicating
8 liquors and beverages and narcotics upon the human body and
9 mind.;
10 (j) Kindness to animals.;
11 (k) The history of the state.;
12 (l) The conservation of natural resources.; and
13 (m) Comprehensive health education that addresses
14 concepts of community health; consumer health; environmental
15 health; family life, including an awareness of the benefits of
16 sexual abstinence as the expected standard and the
17 consequences of teenage pregnancy; mental and emotional
18 health; injury prevention and safety; nutrition; personal
19 health; prevention and control of disease; and substance use
20 and abuse.
21 (n)(m) Such additional materials, subjects, courses,
22 or fields in such grades as may be prescribed by law or by
23 rules of the state board and the school board in fulfilling
24 the requirements of law.
25 (2) State and district school officials shall furnish
26 and put into execution a system and method of teaching the
27 true effects of alcohol and narcotics on the human body and
28 mind, provide the necessary textbooks, literature, equipment,
29 and directions, see that such subjects are efficiently taught
30 by means of pictures, charts, oral instruction, and lectures
31 and other approved methods, and require such reports as are
125
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 deemed necessary to show the work which is being covered and
2 the results being accomplished.
3 (3) Any child whose parent presents to the school
4 principal a signed statement that the teaching of disease, its
5 symptoms, development, and treatment, and the viewing of
6 pictures or motion pictures that teach about disease, conflict
7 with the religious teachings of the child's religious
8 affiliation, is exempt from such instruction; and a child so
9 exempted may not be penalized by reason of that exemption.
10 Section 37. Section 233.0612, Florida Statutes, is
11 created to read:
12 233.0612 Authorized instruction.--Each school district
13 may provide students with programs and instruction at the
14 appropriate grade levels in areas including, but not limited
15 to, the following:
16 (1) Character development and law education.
17 (2) The objective study of the Bible and religion.
18 (3) Traffic education.
19 (4) Free enterprise and consumer education.
20 (5) Programs to encourage patriotism and greater
21 respect for country.
22 (6) Drug abuse resistance education.
23 (7) Comprehensive health education.
24 (8) Care of nursing home patients.
25 (9) Instruction in acquired immune deficiency
26 syndrome.
27 (10) Voting instruction including the use of county
28 voting machines.
29 (11) Before-school and after-school programs.
30 Section 38. Section 233.0615, Florida Statutes, as
31 amended by chapter 94-209, Laws of Florida, section 233.06411,
126
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Florida Statutes, as created by chapter 95-180, Laws of
2 Florida, sections 233.0645, 233.065, 233.0661, and 233.0662,
3 Florida Statutes, subsections (2), (3), (4), (5), (6), and (7)
4 of section 233.0663, Florida Statutes, as amended by chapter
5 95-147, Laws of Florida, section 233.067, Florida Statutes, as
6 amended by chapters 94-232, 95-147, and 96-307, Laws of
7 Florida, section 233.0671, and subsections (3) and (4) of
8 section 233.068, Florida Statutes, are hereby repealed.
9 Section 39. Paragraph (a) of subsection (2) of section
10 233.07, Florida Statutes, is amended to read:
11 233.07 State instructional materials committees.--
12 (2)(a) All appointments shall be pursuant to the
13 conditions prescribed in this section. No member shall serve
14 more than two consecutive terms on any committee. After
15 October 1, 1991, All appointments shall be for 18-month terms.
16 All vacancies shall be filled in the manner of the original
17 appointment for only the time remaining in the unexpired term.
18 A committee member whose term has not expired as of July 1,
19 1991, shall continue to serve for the remaining period of his
20 or her appointment. At no time may a school district have
21 more than one representative on a committee, it being the
22 intent of the Legislature to involve representatives from the
23 maximum number of school districts in the process of
24 instructional materials selection. The Commissioner of
25 Education and a member of the Department of Education whom he
26 or she shall designate shall be additional and ex officio
27 members of each committee.
28 Section 40. Section 234.041, Florida Statutes, is
29 renumbered as section 316.72, Florida Statutes.
30
31
127
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 41. Sections 234.0515 and 234.061, Florida
2 Statutes, and section 234.091, Florida Statutes, as amended by
3 chapter 95-147, Laws of Florida, are hereby repealed.
4 Section 42. Section 234.302, Florida Statutes, is
5 renumbered as section 316.75, Florida Statutes, and amended to
6 read:
7 316.75 234.302 School crossing guards.--The Department
8 of Transportation shall adopt uniform guidelines for the
9 training of school crossing guards. Each local governmental
10 entity administering a school crossing guard program shall
11 provide a training program for school crossing guards
12 according to the uniform guidelines for the training of school
13 crossing guards adopted by the Department of Transportation.
14 Successful completion of the such training program shall be
15 required of each school guard except:
16 (1) A person who received equivalent training during
17 employment as a law enforcement officer.;
18 (2) A person who receives less than $5,000 in annual
19 compensation in a county with a population of less than
20 75,000.; and
21 (3) A student who serves in a school patrol.
22
23 School crossing guard training programs may be made available
24 to nonpublic schools upon contract.
25 Section 43. Paragraphs (c) and (d) of subsection (5)
26 of section 24.121, Florida Statutes, 1996 Supplement, are
27 amended to read:
28 24.121 Allocation of revenues and expenditure of funds
29 for public education.--
30 (5)
31
128
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (c) A portion of such net revenues, as determined
2 annually by the Legislature, shall be distributed to each
3 school district and shall be made available to each public
4 school in the district for enhancing school performance
5 through development and implementation of a school improvement
6 plan pursuant to s. 230.23(16)(18).
7 (d) Beginning July 1, 1993, no funds shall be released
8 for any purpose from the Educational Enhancement Trust Fund to
9 any school district in which one or more schools do not have
10 an approved school improvement plan pursuant to s.
11 230.23(16)(18).
12 Section 44. Paragraph (b) of subsection (73) of
13 section 39.01, Florida Statutes, 1996 Supplement, are amended
14 to read:
15 39.01 Definitions.--When used in this chapter:
16 (73) "To be habitually truant" means that:
17 (b) In addition to the actions described in s. 232.17,
18 the school administration has completed the following
19 escalating activities to determine the cause, and to attempt
20 the remediation, of the child's truant behavior:
21 1. After a minimum of 3 and prior to 15 unexcused
22 absences within 90 days, one or more meetings have been held,
23 either in person or by phone, between a designated school
24 representative attendance assistant or school social worker,
25 the child's parent or guardian, and the child, if necessary,
26 to report and to attempt to solve the truancy problem.
27 However, if the designated school representative attendance
28 assistant or school social worker has documented the refusal
29 of the parent or guardian to participate in the meetings, then
30 this requirement has been met;
31
129
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 2. Educational counseling has been provided to
2 determine whether curriculum changes would help solve the
3 truancy problem, and, if any changes were indicated, such
4 changes were instituted but proved unsuccessful in remedying
5 the truant behavior. Such curriculum changes may include
6 enrollment of the child in an alternative education program
7 that meets the specific educational and behavioral needs of
8 the child, including a second chance school, as provided for
9 in s. 230.2316, designed to resolve truant behavior;
10 3. Educational evaluation, pursuant to the
11 requirements of s. 232.19(3)(b)3., has been provided; and
12 4. The designated school representative social worker,
13 the attendance assistant, or the school superintendent's
14 designee if there is no school social worker or attendance
15 assistant has referred the student and family to the
16 children-in-need-of-services and families-in-need-of-services
17 provider or the case staffing committee, established pursuant
18 to s. 39.426, as determined by the cooperative agreement
19 required in s. 232.19(3). The case staffing committee may
20 request the department or its designee to file a
21 child-in-need-of-services petition based upon the report and
22 efforts of the school district or other community agency or
23 may seek to resolve the truancy behavior through the school or
24 community-based organizations or agencies.
25
26 If a child within the compulsory school attendance age is
27 responsive to the interventions described in this paragraph
28 and has completed the necessary requirements to pass the
29 current grade as indicated in the district pupil progression
30 plan, the child shall not be determined to be habitually
31 truant. If a child within the compulsory school attendance age
130
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 has 15 unexcused absences or fails to enroll in school, the
2 State Attorney may file a child-in-need-of-services petition.
3 Prior to filing a petition, the child must be referred to the
4 appropriate agency for evaluation. After consulting with the
5 evaluating agency, the State Attorney may elect to file a
6 child-in-need-of-services petition.
7 Section 45. Paragraph (a) of subsection (3) and
8 subsections (8) and (12) of section 228.053, Florida Statutes,
9 are amended to read:
10 228.053 Developmental research schools.--
11 (3) MISSION.--The mission of a developmental research
12 school shall be the provision of a vehicle for the conduct of
13 research, demonstration, and evaluation regarding management,
14 teaching, and learning. Programs to achieve the mission of a
15 developmental research school shall embody the goals and
16 standards of "Blueprint 2000" established pursuant to ss.
17 229.591 and 229.592 and shall ensure an appropriate education
18 for its students.
19 (a) Each developmental research school shall emphasize
20 mathematics, science, computer science, and foreign languages.
21 The primary goal of a developmental research school is to
22 enhance instruction and research in such specialized subjects
23 by using the resources available on a state university campus,
24 while also providing an education in nonspecialized subjects.
25 Each developmental research school shall provide sequential
26 elementary and secondary instruction where appropriate. A
27 developmental research school may not provide instruction at
28 grade levels higher than grade 12 without authorization from
29 the State Board of Education. Each developmental research
30 school shall develop and implement a school improvement plan
31 pursuant to s. 230.23(16)(18).
131
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (8) ADVISORY BOARDS.--"Blueprint 2000" provisions and
2 intent specify that each public school in the state shall
3 establish a school advisory council that is reflective of the
4 population served by the school, pursuant to s. 229.58, and is
5 responsible for the development and implementation of the
6 school improvement plan pursuant to s. 230.23(16)(18).
7 Developmental research schools shall comply with the
8 provisions of s. 229.58 in one of two ways:
9 (a) Two advisory bodies.--Each developmental research
10 school may:
11 1. Establish an advisory body pursuant to the
12 provisions and requirements of s. 229.58 to be responsible for
13 the development and implementation of the school improvement
14 plan, pursuant to s. 230.23(16)(18).
15 2. Establish an advisory board to provide general
16 oversight and guidance. The dean of the affiliated college of
17 education shall be a standing member of the board, and the
18 president of the university shall appoint three faculty
19 members from the college of education, one layperson who
20 resides in the county in which the school is located, and two
21 parents or legal guardians of students who attend the
22 developmental research school to serve on the advisory board.
23 The term of each member shall be for 2 years, and any vacancy
24 shall be filled with a person of the same classification as
25 his or her predecessor for the balance of the unexpired term.
26 The president shall stagger the terms of the initial
27 appointees in a manner that results in the expiration of terms
28 of no more than two members in any year. The president shall
29 call the organizational meeting of the board. The board shall
30 annually elect a chair and a vice chair. There shall be no
31 limitation on successive appointments to the board or
132
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 successive terms that may be served by a chair or vice chair.
2 The board shall adopt internal organizational procedures or
3 bylaws necessary for efficient operation as provided in
4 chapter 120. Board members shall not receive per diem or
5 travel expenses for the performance of their duties. The
6 board shall:
7 a. Meet at least quarterly.
8 b. Monitor the operations of the school and the
9 distribution of moneys allocated for such operations.
10 c. Establish necessary policy, program, and
11 administration modifications.
12 d. Evaluate biennially the performance of the director
13 and principal and recommend corresponding action to the dean
14 of the college of education.
15 e. Annually review evaluations of the school's
16 operation and research findings.
17 (b) One advisory body.--Each developmental research
18 school may establish an advisory body responsible for the
19 development and implementation of the school improvement plan,
20 pursuant to s. 230.23(16)(18), in addition to general
21 oversight and guidance responsibilities. The advisory body
22 shall reflect the membership composition requirements
23 established in s. 229.58, but may also include membership by
24 the dean of the college of education and additional members
25 appointed by the president of the university that represent
26 faculty members from the college of education, the university,
27 or other bodies deemed appropriate for the mission of the
28 school.
29 (12) EXCEPTIONS TO LAW.--To encourage innovative
30 practices and facilitate the mission of the developmental
31 research schools, in addition to the exceptions to law
133
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 specified in s. 229.592(6), the following exceptions shall be
2 permitted for developmental research schools:
3 (a) The methods and requirements of the following
4 statutes shall be held in abeyance: ss. 230.01; 230.02;
5 230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105;
6 230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18;
7 230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318;
8 230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303;
9 230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.59;
10 230.63; 230.64; 230.643; 230.655; 234.01; 234.021; 234.0515;
11 234.061; 234.112; 316.75 234.302; 236.25; 236.261; 236.29;
12 236.31; 236.32; 236.35; 236.36; 236.37; 236.38; 236.39;
13 236.40; 236.41; 236.42; 236.43; 236.44; 236.45; 236.46;
14 236.47; 236.48; 236.49; 236.50; 236.51; 236.52; 236.55;
15 236.56; 237.051; 237.071; 237.091; 237.201; and 237.40. With
16 the exception of subsection (16) (18) of s. 230.23, s. 230.23
17 shall be held in abeyance. Reference to school boards in s.
18 230.23(16)(18) shall mean the president of the university or
19 the president's designee.
20 (b) The following statutes or related rules may be
21 waived for any developmental research school so requesting,
22 provided the general statutory purpose of each section is met
23 and the developmental research school has submitted a written
24 request to the Joint Developmental Research School Planning,
25 Articulation, and Evaluation Committee for approval pursuant
26 to this subsection: ss. 229.555; 231.291; 232.2462; 232.36;
27 233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081;
28 237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162;
29 237.171; 237.181; 237.211; and 237.34. Notwithstanding
30 reference to the responsibilities of the superintendent or
31 school board in chapter 237, developmental research schools
134
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 shall follow the policy intent of the chapter and shall, at
2 least, adhere to the general state agency accounting
3 procedures established in s. 11.46.
4 1. Two or more developmental research schools may
5 jointly originate a request for waiver and submit the request
6 to the committee if such waiver is approved by the school
7 advisory council of each developmental research school
8 desiring the waiver.
9 2. A developmental research school may submit a
10 request to the committee for a waiver if such request is
11 presented by a school advisory council established pursuant to
12 s. 229.58, if such waiver is required to implement a school
13 improvement plan required by s. 230.23(16)(18), and if such
14 request is made using forms established pursuant to s.
15 229.592(6). The Joint Developmental Research School Planning,
16 Articulation, and Evaluation Committee shall monitor the
17 waiver activities of all developmental research schools and
18 shall report annually to the department and the Florida
19 Commission on Education Reform and Accountability, in
20 conjunction with the feedback report required pursuant to s.
21 229.592(3), the number of waivers requested and submitted to
22 the committee by developmental research schools, and the
23 number of such waiver requests not approved. For each waiver
24 request not approved, the committee shall report the statute
25 or rule for which the waiver was requested, the rationale for
26 the developmental research school request, and the reason the
27 request was not approved.
28 (c) The written request for waiver of statute or rule
29 shall indicate at least how the general statutory purpose will
30 be met, how granting the waiver will assist schools in
31 improving student outcomes related to the student performance
135
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 standards adopted pursuant to s. 229.592(5), and how student
2 improvement will be evaluated and reported. In considering any
3 waiver, the committee shall ensure protection of the health,
4 safety, welfare, and civil rights of the students and
5 protection of the public interest.
6 (d) The procedure established in s. 229.592(6)(f)
7 shall be followed for any request for a waiver which is not
8 denied, or for which a request for additional information is
9 not issued.
10
11 Notwithstanding the request provisions of s. 229.592(6),
12 developmental research schools shall request all waivers
13 through the Joint Developmental Research School Planning,
14 Articulation, and Evaluation Committee, as established in s.
15 228.054. The committee shall approve or disapprove said
16 requests pursuant to this subsection and s. 229.592(6);
17 however, the Commissioner of Education shall have standing to
18 challenge any decision of the committee should it adversely
19 affect the health, safety, welfare, or civil rights of the
20 students or public interest. The department shall immediately
21 notify the committee and developmental research school of the
22 decision and provide a rationale therefor.
23 Section 46. Subsections (1), (2), and (3) of section
24 228.061, Florida Statutes, are amended to read:
25 228.061 Other public schools; preschool programs,
26 prekindergarten early intervention programs, school-age child
27 care programs, special schools and courses.--The public
28 schools of Florida may, in addition to the schools prescribed
29 in s. 228.051, include preschool programs, prekindergarten
30 early intervention programs, school-age child care programs,
31 special schools, and courses and classes as authorized below:
136
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (1) PRESCHOOL PROGRAMS.--Preschool programs shall
2 comprise classes for children who have attained the ages
3 prescribed by s. 232.01 232.045 and may be established at the
4 discretion of the school board. Such programs or classes
5 shall be supported and maintained from district taxes, from
6 such funds supplemented by tuition charges, or from funds from
7 federal or other lawful sources, exclusive of state sources;
8 however, state funds may be used to support prekindergarten
9 early intervention programs pursuant to s. 230.2305.
10 (2) PREKINDERGARTEN EARLY INTERVENTION
11 PROGRAMS.--Prekindergarten early intervention programs shall
12 consist of educational and enrichment activities for children
13 who have attained the ages prescribed by s. 232.01 232.045.
14 Such programs shall be supported and maintained by state
15 funds, district funds, tuition charges, or such funds as may
16 be available from federal or other lawful sources.
17 (3) SCHOOL-AGE CHILD CARE PROGRAMS.--School-age child
18 care programs shall consist of educational and recreational
19 programs provided before and after the regular school day and
20 during school holidays to children eligible to attend public
21 schools as provided by s. ss. 232.01, 232.04, and 232.045.
22 Such programs shall be supported and maintained from state or
23 district funds, tuition charges, and such funds as may be
24 available from federal or other lawful sources.
25 Section 47. Subsection (4) of section 229.0535,
26 Florida Statutes, 1996 Supplement, is amended to read:
27 229.0535 Authority to enforce school improvement.--It
28 is the intent of the Legislature that all public schools be
29 held accountable for ensuring that students perform at
30 acceptable levels. A system of school improvement and
31 accountability that assesses student performance by school,
137
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 identifies schools not providing adequate progress, and
2 institutes appropriate measures for enforcing improvement
3 shall be the responsibility of the State Board of Education.
4 (4) The State Board of Education is authorized to
5 require the Department of Education or Comptroller to withhold
6 any transfer of state funds to the school district if, within
7 the timeframe specified in state board action, the school
8 district has failed to comply with said action ordered to
9 improve low-performing schools. Withholding the transfer of
10 funds shall occur only after all other recommended actions for
11 school improvement have failed to improve the performance of
12 the school. The State Board of Education may invoke the same
13 penalty to any school board that fails to develop and
14 implement a plan for assistance and intervention for
15 low-performing schools as specified in s. 230.23(16)(18)(c).
16 Section 48. Subsection (3) of section 229.565, Florida
17 Statutes, is amended to read:
18 229.565 Educational evaluation procedures.--
19 (3) EDUCATION EVALUATION.--The Commissioner of
20 Education, or the Auditor General as provided in paragraph
21 (a), shall periodically examine and evaluate procedures,
22 records, and programs in each district to determine compliance
23 with law and rules established by the state board and in each
24 correctional institution operated by the Department of
25 Corrections to determine compliance with law and rules
26 established by the Department of Corrections for the
27 Correctional Education Program pursuant to s. 944.801. Such
28 evaluations shall include, but not be limited to:
29 (a) Reported full-time equivalent membership in each
30 program category. This evaluation shall be conducted by the
31
138
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Auditor General for the Florida Education Finance Program
2 full-time enrollment verification function.
3 (b) The organization of all special programs to ensure
4 compliance with law and the criteria established and approved
5 by the state board pursuant to the provisions of this section
6 and s. 230.23(4)(m).
7 (c) The procedures for identification and placement of
8 students in educational alternative programs for students who
9 are disruptive or unsuccessful in a normal school environment
10 and for diagnosis and placement of students in special
11 programs for exceptional students, to determine that the
12 district is following the criteria for placement established
13 by rules of the state board and the procedures for placement
14 established by that district school board.
15 (d) Procedures for screening, identification, and
16 assignment of instructional strategies of the Florida Primary
17 Education Program, or an approved alternative program as
18 provided in s. 230.2312, and any other provisions of the
19 program.
20 (d)(e) An evaluation of the standards by which the
21 school district evaluates basic and special programs for
22 quality, efficiency, and effectiveness.
23 (e)(f) Determination of the ratio of administrators to
24 teachers in each school district.
25 (f)(g) Compliance with the cost accounting and
26 reporting requirements of s. 237.34 and the extent to which
27 the percentage expenditure requirements therein are being met.
28 (g)(h) Clearly defined data collection and
29 documentation requirements, including specifications of which
30 records and information need to be kept and how long the
31 records need to be retained. The information and
139
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 documentation needs for evaluation shall be presented to the
2 school districts and explained well in advance of the actual
3 audit date.
4 (h)(i) Determination of school district achievement in
5 meeting the performance standards specified in s. 232.2454(1).
6 Section 49. Subsection (2) of section 229.58, Florida
7 Statutes, is amended to read:
8 229.58 District and school advisory councils.--
9 (2) DUTIES.--Each advisory council shall perform such
10 functions as are prescribed by regulations of the school
11 board; however, no advisory council shall have any of the
12 powers and duties now reserved by law to the school board.
13 Each school advisory council shall assist in the preparation
14 and evaluation of the school improvement plan required
15 pursuant to s. 230.23(16)(18) and shall provide such
16 assistance as the principal may request in preparing the
17 school's annual budget and plan as required by s. 229.555(1).
18 Section 50. Subsections (1) and (6), paragraphs (b)
19 and (e) of subsection (3), and paragraph (c) of subsection (4)
20 of section 229.592, Florida Statutes, 1996 Supplement, are
21 amended to read:
22 229.592 Implementation of state system of school
23 improvement and education accountability.--
24 (1) DEVELOPMENT.--It is the intent of the Legislature
25 that every public school in the state shall have a school
26 improvement plan, as required by s. 230.23(16)(18), fully
27 implemented and operational by the beginning of the 1993-1994
28 school year. Vocational standards considered pursuant to s.
29 239.229 shall be incorporated into the school improvement plan
30 for each area technical center operated by a school board by
31 the 1994-1995 school year, and area technical centers shall
140
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 prepare school report cards incorporating such standards,
2 pursuant to s. 230.23(16)(18), for the 1995-1996 school year.
3 In order to accomplish this, the Florida Commission on
4 Education Reform and Accountability and the school districts
5 and schools shall carry out the duties assigned to them by ss.
6 229.594 and 230.23(16)(18), respectively. In addition, the
7 following initial steps in program development shall be
8 undertaken beginning June 1, 1991, and shall continue during
9 the 1991-1992 school fiscal year:
10 (a) Each school shall conduct an initial needs
11 assessment including separately each school-within-a-school,
12 magnet school, self-contained educational alternative center,
13 or satellite center, and the results of the assessments shall
14 be accompanied by a needs response plan and submitted to the
15 Florida Commission on Education Reform and Accountability by
16 November 1, 1991. The commissioner must provide a format for
17 the needs assessments to the school board by June 1, 1991, and
18 the local school board shall coordinate each needs assessment.
19 The assessments shall be based on data from the 1990-1991
20 school year and shall address at least the following:
21 1. The status of the school in relation to the general
22 goals for education contained in s. 229.591;
23 2. The academic status of students attending the
24 school as reflected by test scores, dropout and same grade
25 retention rates, the availability of upper level courses in
26 mathematics and science, the percentage of the school's
27 enrollment and the number of completers by race and gender in
28 upper-level mathematics and science courses, and the number of
29 students entering postsecondary institutions;
30 3. Student school participation characteristics
31 including: attendance rates, the number of expulsions and
141
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 suspensions, and the number of instances of corporal
2 punishment;
3 4. The economic status of the student body and area
4 served by the school;
5 5. The demographic characteristics of the student body
6 and the faculty and staff of the school;
7 6. The financial status of the school as reflected by
8 per-student expenditures for instruction and administration,
9 and other appropriate measures; and
10 7. Such other needs assessment indicators as may be
11 determined by the individual school.
12 (b) Each area technical center operated by a school
13 board shall conduct a needs assessment as part of the school
14 improvement process. The results of the assessments shall be
15 accompanied by a needs response plan and be submitted to the
16 Florida Commission on Education Reform and Accountability by
17 November 1, 1992. The commissioner shall provide a format for
18 the needs assessments to the school boards by August 1, 1992,
19 and the local school board shall coordinate each needs
20 assessment. The first such assessment shall be based on data
21 from the 1991-1992 school year and must address at least the
22 following:
23 1. The vocational standards articulated in s. 239.229.
24 2. The financial status of the center as indicated by
25 per-student expenditures for instruction and administration,
26 and other appropriate measures.
27 3. Student completion and placement rates.
28 4. A forecast of occupations indicating future
29 workplace needs required over the next 5 years within the
30 service area, based upon labor market supply and demand data
31 and local economic conditions.
142
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 5. Other such needs assessment indicators as may be
2 determined by the center.
3 (c) The needs response plan for each school and the
4 district shall generally describe proposed actions to reduce
5 any needs identified by the needs assessment.
6 (d) The Commissioner of Education shall provide the
7 school boards with the technical assistance necessary to
8 conduct the school needs assessments.
9 (e) The Florida Commission on Education Reform and
10 Accountability and the Department of Education shall review
11 and analyze the needs assessment information received from the
12 school boards and shall submit a summary report on the
13 information to the Legislature by January 1, 1992, and shall
14 provide, upon request, the needs assessment on any individual
15 school. By November 1, 1991, the commission shall identify a
16 core of performance standards addressing the state's most
17 pressing educational problems for use in the analysis of the
18 needs assessment information.
19 (3) COMMISSIONER.--The commissioner shall be
20 responsible for implementing and maintaining a system of
21 intensive school improvement and stringent education
22 accountability.
23 (b) The commissioner shall be held responsible for the
24 implementation and maintenance of the system of school
25 improvement and education accountability outlined in this
26 subsection. There shall be an annual determination of whether
27 adequate progress is being made toward implementing and
28 maintaining a system of school improvement and education
29 accountability based, in part, on feedback required pursuant
30 to s. 230.23(18) and submitted to the Florida Commission on
31 Education Reform and Accountability.
143
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (e) As co-chair of the Florida Commission on Education
2 Reform and Accountability, the commissioner shall appear
3 before the appropriate committees of the Legislature annually
4 in October to report and recommend changes in state policy
5 necessary to foster school improvement and education
6 accountability. The report shall reflect the recommendations
7 of the Florida Commission on Education Reform and
8 Accountability. Included in the report shall be a list of the
9 schools for which school boards have developed assistance and
10 intervention plans and an analysis of the various strategies
11 used by the school boards. In the fall of 1992 and 1993, the
12 commissioner shall report in writing to the public on the
13 current status of the state's education system. School boards
14 shall distribute this report to the parents of all pupils in
15 the district. Beginning with the 1993-1994 school year and
16 each school year thereafter, School reports shall be
17 distributed pursuant to this paragraph and s.
18 230.23(16)(18)(e) according to guidelines adopted by the State
19 Board of Education.
20 (4) DEPARTMENT.--
21 (c) Pursuant to s. 24.121(5)(d), the department shall
22 not release funds from the Educational Enhancement Trust Fund
23 to any district in which a school does not have an approved
24 school improvement plan, pursuant to s. 230.23(16)(18), after
25 1 full school year of planning and development. The
26 department shall send a technical assistance team to each
27 school without an approved plan to develop such school
28 improvement plan. The department shall release the funds upon
29 approval of the plan. Notice shall be given to the public of
30 the department's intervention and shall identify each school
31 without a plan.
144
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (6) EXCEPTIONS TO LAW.--To facilitate innovative
2 practices and to allow local selection of educational methods
3 during the time period required for careful deliberation by
4 the Legislature and the Florida Commission on Education Reform
5 and Accountability, the following time-limited exceptions
6 shall be permitted:
7 (a) In the annual general appropriations acts, the
8 Legislature may authorize exceptions to any laws pertaining to
9 fiscal policies, including ss. 236.013 and 236.081, provided
10 the intent is to give school districts increased flexibility
11 and local control of education funds. If the General
12 Appropriations Act does not contain a specific line-item
13 appropriation or a specific listing within a line-item
14 appropriation which provides funding for the programs
15 established pursuant to the following statutes, the statute
16 shall be held in abeyance for that fiscal year, and any
17 approved plan for implementing said statute shall be null and
18 void for said fiscal year: ss. 228.0855; 230.2215; 230.2305;
19 230.2318; 231.087; 231.613; 232.257; 233.0615; 233.0678;
20 234.021; 236.0873; 236.083; 236.092; 236.122; 236.1225;
21 236.1228; and 239.401.
22 (b) The methods and requirements of the following
23 statutes shall be held in abeyance: ss. 228.088; and 229.57(4)
24 and (5).
25
26 In determining which statutes and rules stand in the way of
27 school improvement, the Florida Commission on Education Reform
28 and Accountability shall consider the effect that holding the
29 statutes listed in paragraphs (a) and (b) in abeyance has had
30 on the school improvement process. It is the intent of the
31 Legislature that statutes listed in paragraphs (a) and (b) be
145
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 systematically repealed after being held in abeyance for 3
2 consecutive fiscal years.
3 (c) The Legislature authorizes that the methods and
4 requirements of the statutes listed in paragraph (a) for which
5 a specific line-item appropriation or a specific listing
6 within a line-item appropriation is contained and funded in
7 the General Appropriations Act and the following statutes may
8 be waived for any school board so requesting, provided the
9 general statutory purpose of each section is met and the
10 school board has submitted a written request to the
11 commissioner for approval pursuant to this subsection: ss.
12 228.041(13) and (16); 229.602(5); 230.23(3), (4)(f) and (o),
13 (6), (7)(a), (b), and (c), (11)(c), and (15)(17); 231.095;
14 232.01; 232.04; 232.045; 232.245; 232.2462; 232.2463; 233.011;
15 233.34; 236.013(3) relating to the 36-hour limit; and 239.121.
16 Graduation requirements in s. 232.246 may be met by
17 demonstrating performance of intended outcomes for any course
18 in the Course Code Directory if a waiver from the requirements
19 of s. 232.2462 has been approved based upon a need identified
20 in a school improvement plan. In developing procedures for
21 awarding credits based on performance outcomes, districts may
22 request waivers from State Board of Education rules relating
23 to curriculum frameworks and credits for courses and programs
24 in the Course Code Directory. Credit awarded for a course or
25 program beyond that allowed by the Course Code Directory shall
26 count as credit for electives. Upon request by any school
27 district, the commissioner shall evaluate and establish
28 procedures for variations in academic credits awarded toward
29 graduation by a high school offering six periods per day
30 compared to those awarded by high schools operating on other
31 schedules.
146
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 1. A school board may originate a request for waiver
2 and submit the request to the commissioner if such waiver is
3 required to implement districtwide improvements.
4 2. A school board may submit a request to the
5 commissioner for a waiver if such request is presented to the
6 school board by a school advisory council established pursuant
7 to s. 229.58 and if such waiver is required to implement a
8 school improvement plan required by s. 230.23(16)(18). The
9 school board shall report annually to the Florida Commission
10 on Education Reform and Accountability, in conjunction with
11 the feedback report required pursuant to subsection (3), the
12 number of waivers requested by school advisory councils, the
13 number of such waiver requests approved and submitted to the
14 commissioner, and the number of such waiver requests not
15 approved and not submitted to the commissioner. For each
16 waiver request not approved, the school board shall report the
17 statute or rule for which the waiver was requested, the
18 rationale for the school advisory council request, and the
19 reason the request was not approved.
20 3. When approved by the commissioner, a waiver
21 requested pursuant to this paragraph shall be for a 5-year
22 period.
23 (d) Notwithstanding the provisions of chapter 120 and
24 for the purpose of implementing this subsection, the
25 commissioner may waive State Board of Education rules adopted
26 to implement statutes listed in paragraphs (a), (b), and (c),
27 provided that the intent of each rule is met and the school
28 board has submitted a written request to the commissioner for
29 approval pursuant to this subsection.
30 (e) The written request for waiver of statute or rule
31 shall indicate at least how the general statutory purpose will
147
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 be met, how granting the waiver will assist schools in
2 improving student outcomes related to the student performance
3 standards adopted pursuant to subsection (5), and how student
4 improvement will be evaluated and reported. In considering any
5 waiver, the commissioner shall ensure protection of the
6 health, safety, welfare, and civil rights of the students and
7 protection of the public interest.
8 (f) Any request for a waiver which is not denied, or
9 for which a request for additional information is not issued,
10 within 21 days after receipt of the written request shall be
11 deemed approved. Any waiver for which a timely request for
12 additional information has been issued shall be deemed to be
13 approved if a denial is not issued within 21 days after the
14 commissioner's receipt of the specifically requested
15 additional information. On denial of a request for a waiver,
16 the commissioner shall state with particularity the grounds or
17 basis for the denial. The commissioner shall report the
18 specific statutes and rules for which waivers are requested
19 and the number and disposition of such requests to the Florida
20 Commission on Education Reform and Accountability for use in
21 determining which statutes and rules stand in the way of
22 school improvement.
23 Section 51. Subsection (1) of section 229.594, Florida
24 Statutes, is amended to read:
25 229.594 Powers and duties of the commission.--
26 (1) The commission shall review and recommend
27 procedures for a new system of school improvement and
28 education accountability and recommend the repeal or
29 modification of statutes, fiscal policies, and rules that
30 stand in the way of school improvement. Specifically, the
31 commission shall:
148
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (a) Serve as an advisory body to oversee the
2 development, establishment, implementation, and maintenance of
3 a program of school improvement and education accountability
4 based upon the achievement of state education goals. This
5 responsibility shall include the following:
6 1. Holding public hearings, as determined to be
7 necessary, in various parts of the state. The purpose of
8 these hearings shall be to receive public comment on the
9 status of education and suggestions regarding the
10 establishment and implementation of a system of school
11 improvement and education accountability. When feasible,
12 alternative methods such as teleconferencing shall be employed
13 to increase public involvement.
14 2. Observing the development and implementation of
15 school improvement plans pursuant to s. 230.23(16)(18).
16 Particular attention shall be paid to ensuring the involvement
17 of teachers, parents, and community in the development and
18 implementation of individually prepared school improvement
19 plans.
20 3. Involving the business community in the provision
21 of needed training for school advisory councils, teachers,
22 principals, district administrators, and school board members.
23 4. Annually recommending changes in statutes, rules,
24 and policies needed to implement and maintain a system of
25 school improvement and education accountability in the state.
26 (b) Review and, with assistance from the Department of
27 Education, analyze results of school needs assessments
28 submitted by district school boards and, by January 1, 1992,
29 submit a report of its findings to the Legislature. The
30 report shall include recommendations for changes in the school
31 improvement and accountability required by s. 230.23(16)(18)
149
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 which are considered necessary as a result of the school needs
2 assessments. The report shall also include a recommendation
3 regarding the minimum number of credits, subjects, and courses
4 that should be required by the state for regular and
5 alternative high school diplomas; the number of hours of
6 instruction required to receive a credit; the length of a high
7 school day; and the number of periods per day for high
8 schools.
9 (c) Recommend to the Legislature and State Board of
10 Education, as appropriate, the components of a system of
11 school improvement and accountability. Initial
12 recommendations must be reviewed and revised as necessary
13 annually and must include:
14 1. Performance standards for indicating state, school
15 district, and school progress toward the state education goals
16 and a definition of what shall be considered "adequate
17 progress" toward meeting these performance standards.
18 Effective June 1, 1993, such standards must incorporate the
19 provisions of s. 239.229.
20 2. Methods for measuring state, school district, and
21 school progress toward the goals. These assessment methods
22 must include the most effective and efficient procedures
23 available from the current system of assessment and
24 alternative and new assessment practices.
25 3. Methods for public reporting on the progress toward
26 the goals by the state, school districts, and individual
27 schools. Emphasis shall be placed on reporting individual
28 school improvement and progress, and comparisons between
29 schools shall be minimized. Methods for reporting the status
30 of children and families and community services available in
31
150
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 each school district to help children and families in need
2 shall also be developed.
3 4. Effective use of existing methods for recognizing
4 schools and development of necessary additional methods to
5 recognize schools that meet or make adequate progress toward
6 the education goals. The commission shall also consider the
7 development of incentives including financial incentives for
8 schools that make exceptional progress toward the education
9 goals.
10 5. Guidelines that may be adopted as rule and used by
11 the State Board of Education and the school board in
12 determining the action for any school that does not improve
13 after 3 years of assistance and intervention, including
14 commission responsibility in recommending action for said
15 schools. The guidelines shall be stringent and shall ensure
16 that the school is not permitted to continue serving students
17 in a less than adequate manner.
18
19 If in the opinion of the commission an adequate system of
20 accountability is in place to protect the public interest, the
21 commission may recommend to the Legislature the repeal or
22 revision of laws, including fiscal policies, and to the State
23 Board of Education the repeal or revision of rules, which in
24 the opinion of the commission stand in the way of school
25 improvement. The commission may defer any or all
26 recommendations for repeal or revision of laws and rules until
27 such time as it determines an adequate system of
28 accountability to be established and implemented.
29 Section 52. Paragraph (a) of subsection (5) of section
30 229.8055, Florida Statutes, is amended to read:
31 229.8055 Environmental education.--
151
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (5) The Department of Education shall:
2 (a) Assign appropriate staff to work directly with
3 general curriculum development activities through district and
4 school administrators responsible for general curriculum in
5 order to explicitly integrate appropriate environmental topics
6 into the regular curriculum, where appropriate, through
7 curriculum frameworks and performance standards as required by
8 s. 233.011(3)(a) and (b).
9 Section 53. Section 231.085, Florida Statutes, is
10 amended to read:
11 231.085 Duties of principals.--A district school board
12 shall employ, through written contract, public school
13 principals who shall supervise the operation and management of
14 the schools and property as the board determines necessary.
15 Each principal shall perform such duties as may be assigned by
16 the superintendent pursuant to the rules of the school board.
17 Such rules shall include, but not be limited to, rules
18 relating to administrative responsibility, instructional
19 leadership of the educational program of the school to which
20 the principal is assigned, submission of personnel
21 recommendations to the superintendent, administrative
22 responsibility for records and reports, administration of
23 corporal punishment, and student suspension. Each principal
24 shall provide leadership in the development or revision and
25 implementation of a school improvement plan pursuant to s.
26 230.23(16)(18).
27 Section 54. Section 231.095, Florida Statutes, is
28 amended to read:
29 231.095 Teachers assigned teaching duties outside
30 field in which certified.--When a teacher in a district school
31 system is assigned teaching duties in a class dealing with
152
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 subject matter that is outside the field in which the teacher
2 is certified, the parents or guardians of all students in the
3 class shall be notified in writing of such assignment. Such
4 notification shall be provided in each school's annual report
5 required pursuant to s. 230.23(18).
6 Section 55. Paragraph (d) of subsection (1) of section
7 231.1725, Florida Statutes, is amended to read:
8 231.1725 Employment of substitute teachers, teachers
9 of adult education, nondegreed teachers of career education,
10 and noncertificated teachers in critical teacher shortage
11 areas.--
12 (1) Notwithstanding the provisions of ss. 231.02,
13 231.15, 231.17, and 231.172 or any other provision of law or
14 rule to the contrary, each school board shall establish the
15 minimal qualifications for:
16 (d) Part-time and full-time noncertificated teachers
17 in critical teacher shortage areas. The qualifications shall
18 require the filing of fingerprints in the same manner as
19 required by s. 231.02 and shall be based on academic training
20 in the essential generic and specialization competencies of
21 the instructional assignment. The school board shall be
22 responsible for determining critical teacher shortage areas
23 within the school district. Each school board shall annually
24 report the number, qualifications, and areas of assignment of
25 all noncertificated teachers employed pursuant to this
26 paragraph during each school year. The report shall be
27 publicly disclosed pursuant to s. 230.23(18).
28 Section 56. Paragraph (c) of subsection (2) of section
29 236.013, Florida Statutes, is amended to read:
30
31
153
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 236.013 Definitions.--Notwithstanding the provisions
2 of s. 228.041, the following terms are defined as follows for
3 the purposes of this act:
4 (2) A "full-time equivalent student" in each program
5 of the district is defined in terms of full-time students and
6 part-time students as follows:
7 (c)1. A "full-time equivalent student" is:
8 a. A full-time student in any one of the programs
9 listed in s. 236.081(1)(c); or
10 b. A combination of full-time or part-time students in
11 any one of the programs listed in s. 236.081(1)(c) which is
12 the equivalent of one full-time student based on the following
13 calculations:
14 (I) A full-time student, except a postsecondary or
15 adult student or a senior high school student enrolled in
16 adult education when such courses are required for high school
17 graduation, in a combination of programs listed in s.
18 236.081(1)(c) shall be a fraction of a full-time equivalent
19 membership in each special program equal to the number of net
20 hours per school year for which he or she is a member, divided
21 by the appropriate number of hours set forth in subparagraph
22 (a)1. or subparagraph (a)2.; the difference between that
23 fraction or sum of fractions and the maximum value as set
24 forth in subsection (5) for each full-time student is presumed
25 to be the balance of the student's time not spent in such
26 special education programs and shall be recorded as time in
27 the appropriate basic program.
28 (II) A student in the basic half-day kindergarten
29 program of not less than 450 net hours shall earn one-half of
30 a full-time equivalent membership.
31
154
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (III) A half-day kindergarten student in a combination
2 of programs listed in s. 236.081(1)(c) is a fraction of a
3 full-time equivalent membership in each special program equal
4 to the number of net hours or major portion thereof per school
5 year for which he or she is a member divided by the number of
6 hours set forth in sub-sub-subparagraph (II); the difference
7 between that fraction and the number of hours set forth in
8 sub-sub-subparagraph (II) for each full-time student in
9 membership in a half-day kindergarten program is presumed to
10 be the balance of the student's time not spent in such special
11 education programs and shall be recorded as time in the
12 appropriate basic program.
13 (IV) A part-time student, except a postsecondary or
14 adult student, is a fraction of a full-time equivalent
15 membership in each basic and special program equal to the
16 number of net hours or major fraction thereof per school year
17 for which he or she is a member, divided by the appropriate
18 number of hours set forth in subparagraph (a)1. or
19 subparagraph (a)2.
20 (V) A postsecondary or adult student or a senior high
21 school student enrolled in adult education when such courses
22 are required for high school graduation is a portion of a
23 full-time equivalent membership in each special program equal
24 to the net hours or major fraction thereof per fiscal year for
25 which he or she is a member, divided by the appropriate number
26 of hours set forth in subparagraph (a)1. or subparagraph (a)2.
27 (VI) A full-time student who is part of a program
28 authorized by subparagraph (a)3. in a combination of programs
29 listed in s. 236.081(1)(c) is a fraction of a full-time
30 equivalent membership in each regular or special program equal
31 to the number of net hours per school year for which he or she
155
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 is a member, divided by the appropriate number of hours set
2 forth in subparagraph (a)1. or subparagraph (a)2.
3 (VII) A prekindergarten handicapped student shall meet
4 the requirements specified for kindergarten students.
5 2. A student in membership in a program scheduled for
6 more or less than 180 school days is a fraction of a full-time
7 equivalent membership equal to the number of instructional
8 hours in membership divided by the appropriate number of hours
9 set forth in subparagraph (a)1.; however, for the purposes of
10 this subparagraph, membership in programs scheduled for more
11 than 180 days is limited to:
12 a. Special programs for exceptional students;
13 b. Special vocational-technical programs;
14 c. Special adult general education programs;
15 d. Dropout prevention programs provided for those
16 students who were in membership in substance abuse or youth
17 services programs as defined in s. 230.2316 for students in
18 residential programs operated by the Department of Children
19 and Family Services; programs operated by the Department of
20 Juvenile Justice as defined in s. 230.23161 in which students
21 receive educational services; or teenage parent programs as
22 defined in s. 230.23166 for students who and are in need of
23 such additional instruction;
24 e. Students-at-risk programs provided for those
25 students who were in membership in an educational alternative
26 or disciplinary program in Dropout prevention programs as
27 defined in s. 230.2316 in which students are placed for
28 academic or disciplinary purposes or programs in English for
29 speakers of other languages as defined in s. 233.058 for
30 students who were in membership for all of the last 15 days of
31
156
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the 180-day term or a total of 30 days within the 180-day term
2 and are in need of such additional instruction;
3 f. Other basic programs offered for promotion or
4 credit instruction as defined by rules of the state board; and
5 g. Programs which modify the school year to
6 accommodate the needs of children who have moved with their
7 parents for the purpose of engaging in the farm labor or fish
8 industries, provided such programs are approved by the
9 commissioner.
10
11 The department shall determine and implement an equitable
12 method of equivalent funding for experimental schools and for
13 schools operating under emergency conditions, which schools
14 have been approved by the department under the provisions of
15 s. 228.041(13) to operate for less than the minimum school
16 day.
17 Section 57. Paragraph (o) of subsection (1) of section
18 236.081, Florida Statutes, 1996 Supplement, is amended to
19 read:
20 236.081 Funds for operation of schools.--If the annual
21 allocation from the Florida Education Finance Program to each
22 district for operation of schools is not determined in the
23 annual appropriations act or the substantive bill implementing
24 the annual appropriations act, it shall be determined as
25 follows:
26 (1) COMPUTATION OF THE BASIC AMOUNT TO BE INCLUDED FOR
27 OPERATION.--The following procedure shall be followed in
28 determining the annual allocation to each district for
29 operation:
30 (o) Instruction in career education.--Effective for
31 the 1985-1986 school year and thereafter, district pupil
157
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 progression plans shall provide for the substitution of
2 vocational courses for the nonelective courses required for
3 high school graduation pursuant to s. 232.246. A student in
4 grades 9 through 12 who enrolls in and satisfactorily
5 completes a job-preparatory program may substitute credit for
6 a portion of the required four credits in English, three
7 credits in mathematics, and three credits in science. The
8 credit substituted for English, mathematics, or science earned
9 through the vocational job-preparatory program shall be on a
10 curriculum equivalency basis as provided for in the State
11 Course Code Directory. Upon adoption of curriculum frameworks
12 for vocational courses pursuant to s. 233.011, The State Board
13 of Education shall authorize by rule vocational course
14 substitutions not to exceed two credits in each of the
15 nonelective academic subject areas of English, mathematics,
16 and science. School districts shall provide for vocational
17 course substitutions not to exceed two credits in each of the
18 nonelective academic subject areas of English, mathematics,
19 and science, upon adoption of vocational student performance
20 standards by the school board pursuant to s. 232.2454. A
21 vocational program which has been used as a substitute for a
22 nonelective academic credit in one subject area may not be
23 used as a substitute for any other subject area. The credit
24 in practical arts or exploratory career education required for
25 high school graduation pursuant to s. 232.246(1) shall be
26 funded as a career education course.
27 Section 58. Paragraph (a) of subsection (2) of section
28 236.0811, Florida Statutes, is amended to read:
29 236.0811 Educational training.--
30 (2)(a)1. Pursuant to rules of the State Board of
31 Education, each school board shall develop and annually
158
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 approve a master plan for inservice educational training. The
2 plan shall include all inservice programs for all district
3 employees from all fund sources and shall be updated annually
4 by September 1 using criteria and procedures for continued
5 approval as specified by state board rule. Verification that
6 the plan meets all requirements of this section shall be
7 submitted annually to the commissioner by October 1. The plan
8 shall be based on an assessment of the inservice educational
9 training needs of the district conducted by a committee that
10 includes parents, classroom teachers, and other educational
11 personnel. This assessment shall identify districtwide
12 inservice needs and the inservice training needs of local
13 schools. The plan shall include, at a minimum, the inservice
14 activities that are necessary for implementation of the
15 schools' improvement plans during the current fiscal year. The
16 plan shall include, but is not limited to, components
17 addressing: competencies in the identification, assessment,
18 and prescription of instruction for exceptional students;
19 competencies in the identification, assessment, and
20 prescription of instruction for child abuse and neglect
21 prevention and for substance and alcohol abuse prevention; and
22 competencies in instruction for multicultural sensitivity in
23 the classroom. In addition, the plan must include a component
24 to provide regular training to classroom teachers on advances
25 in the field of normal child development and the disorders of
26 development. The plan shall also include components that may
27 be used to satisfy the certification requirements applicable
28 to teachers of students with limited proficiency in English
29 and components that may be used for the renewal of a
30 certificate in each of the following areas: a study of the
31 middle grades, understanding the student in the middle grades,
159
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 organizing interdisciplinary instruction in the middle grades,
2 developing critical thinking and creative thinking in students
3 in the middle grades, counseling functions of the teacher in
4 the middle grades, developing creative learning materials for
5 the middle grades, and planning and evaluating programs in the
6 middle grades. The plan shall include inservice activities for
7 all district employees from all fund sources.
8 2. Classroom teachers and guidance counselors shall be
9 required to participate in the inservice training for child
10 abuse and neglect prevention, for alcohol and substance abuse
11 prevention education, and for multicultural sensitivity
12 education, which may include negotiation and conflict
13 resolution training.
14 3. The department shall withhold funding of any
15 district's master inservice plan, as required by this section,
16 which fails to provide and require training in substance abuse
17 prevention education pursuant to s. 233.067(4)(c)1. for all
18 classroom teachers and guidance counselors. The department is
19 authorized to waive one or more inservice areas related to the
20 middle grades if the district can document its unsuccessful
21 attempt to secure a competent trainer or sufficient enrollment
22 or when the department determines that specific validated
23 competencies may be substituted in lieu of such inservice
24 areas.
25 Section 59. Subsection (4) of section 236.0812,
26 Florida Statutes, is amended to read:
27 236.0812 Medicaid certified school funding
28 maximization.--
29 (4) Federal Medicaid earnings received as a result of
30 funds certified pursuant to this section shall be deposited
31 into the Medicaid Earnings Trust Fund, if created by law,
160
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 otherwise in the Educational Aids Trust Fund. Of the funds
2 earned by each district, not less than 25 percent shall be
3 used to enhance the district's exceptional student education
4 nongifted programs. The remaining funds shall be used by the
5 district in areas which directly impact on classroom
6 activities. However, if Committee Substitute for Committee
7 Substitute for House Bill 165 or similar legislation becomes
8 law, up to $150,000 of any funds which may become available as
9 a result of a district certifying state or local education
10 funds to earn federal Medicaid match may be allocated to each
11 of the five school districts whose school improvement plans,
12 pursuant to s. 230.23(16)(18), include the establishment of a
13 school of the 21st century.
14 Section 60. Section 236.0842, Florida Statutes, is
15 hereby repealed.
16 Section 61. Paragraph (b) of subsection (4) of section
17 236.1228, Florida Statutes, is amended to read:
18 236.1228 Accountability program grants.--
19 (4) STATEWIDE INDICATORS.--
20 (b) The statewide indicators are:
21 1. Improve graduation rate.--The statewide goal is to
22 achieve a graduation rate of 85 percent by 1992. The graduate
23 rate will be calculated as defined in s. 228.041(41)
24 232.2468(1)(a). The district annual graduation rate indicator
25 shall be at least an increase of one percentage point or
26 one-third of the difference between the second preceding year
27 and 85 percent, whichever is greater.
28 2. Improve dropout rate.--The statewide goal is to
29 achieve a dropout rate in high school of 4 percent or less by
30 1992. The dropout rate will be calculated as defined in s.
31 228.041(43) 232.2468(1)(c). The district and high school
161
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 annual dropout rate indicator for the high school shall be 6
2 percent or less and the district average shall be 4 percent or
3 less for grades 9 through 12.
4 3. Improve promotion rate.--The statewide goal is to
5 achieve a 95-percent promotion rate from grade to grade in
6 grades 9 through 12 by 1992. The district and high school
7 annual promotion rate indicator for the high school from grade
8 to grade in grades 9 through 12 shall be 94 percent or higher
9 and the district average shall be 95 percent or higher for
10 grades 9 through 12.
11 4. Increase enrollment in and completion of upper
12 level science courses.--The statewide goal is to have 20
13 percent or more of the high school students enrolled in and
14 completing level 3 science courses, 55 percent or more of the
15 high school students enrolled in level 2 science courses, and
16 20 percent or less of the high school students enrolled in
17 level 1 science courses by 1992. Components of the district
18 and high school annual science enrollment indicator are:
19 a. For level 3 science courses, the high school shall
20 have 15 percent or more of the grades 9 through 12 students
21 enrolled in level 3 science courses and the district average
22 shall be 20 percent or more of the grades 9 through 12
23 students enrolled in level 3 science courses;
24 b. For level 2 science courses, the high school shall
25 have 45 percent or more of the grades 9 through 12 students
26 enrolled in level 2 science courses and the district average
27 shall be 55 percent or more of the grades 9 through 12
28 students enrolled in level 2 science courses; and
29 c. For level 1 science courses, the high school shall
30 have 30 percent or less of the grades 9 through 12 students
31 enrolled in level 1 science courses and the district average
162
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 shall be 20 percent or less of the grades 9 through 12
2 students enrolled in level 1 science courses.
3 5. Increase enrollment in and completion of upper
4 level mathematics courses.--The statewide goal is to have 15
5 percent or more of the high school students enrolled in and
6 completing level 3 mathematics courses, 50 percent or more of
7 the high school students enrolled in level 2 mathematics
8 courses, and 30 percent or less of the high school students
9 enrolled in level 1 mathematics courses by 1992. Components of
10 the district and high school annual mathematics enrollment
11 indicator are:
12 a. For level 3 mathematics courses, the high school
13 shall have 10 percent or more of the grades 9 through 12
14 students enrolled in level 3 mathematics courses and the
15 district average shall be 15 percent or more of the grades 9
16 through 12 students enrolled in level 3 mathematics courses;
17 b. For level 2 mathematics courses, the high school
18 shall have 40 percent or more of the grades 9 through 12
19 students enrolled in level 2 mathematics courses and the
20 district average shall be 50 percent or more of the grades 9
21 through 12 students enrolled in level 2 mathematics courses;
22 and
23 c. For level 1 mathematics courses, the high school
24 shall have 40 percent or less of the grades 9 through 12
25 students enrolled in level 1 mathematics courses and the
26 district average shall be 30 percent or less of the grades 9
27 through 12 students enrolled in level 1 mathematics courses.
28 6. Improve utilization of postsecondary feedback
29 report.--The statewide goal is to reduce annually the high
30 school's graduates who are enrolled in a degree program and
31 are referred for remediation in mathematics, reading, and
163
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 writing in public colleges and universities by 50 percent of
2 the number for the second preceding year. The district and
3 high school annual referrals for remediation indicators for
4 high school shall be a reduction of 40 percent or more and the
5 district's average reduction shall be 50 percent or more of
6 the number for the second preceding year.
7 Section 62. Paragraph (b) of subsection (2) of section
8 236.24, Florida Statutes, is amended to read:
9 236.24 Sources of district school fund.--
10 (2)
11 (b)1. Securities purchased by any such school board
12 under the authority of this law shall be delivered by the
13 seller to the school board or its appointed safekeeper. The
14 safekeeper shall be a qualified bank or trust company
15 chartered to operate as such by the State of Florida or the
16 United States Government. The safekeeper shall issue
17 documentation trust receipts for each transaction, and a
18 monthly statement detailing all transactions for the period.
19 2. Securities physically delivered to the school board
20 shall be placed in a safe-deposit box in a bank or other
21 institution located within the county and duly licensed and
22 insured. Withdrawals from such safe-deposit box shall be only
23 by persons duly authorized by resolution of the school board.
24 3. The school board may also receive bank trust
25 receipts in return for investment of surplus funds in
26 securities. Any trust receipts received must enumerate the
27 various securities held together with the specific number of
28 each security held. The actual securities on which the trust
29 receipts are issued may be held by any bank depository
30 chartered by the United States Government or the State of
31 Florida or their designated agents.
164
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 63. Subsection (7) of section 239.101, Florida
2 Statutes, is amended to read:
3 239.101 Legislative intent.--
4 (7) The Legislature finds that career education is a
5 crucial component of the educational programs conducted within
6 school districts and community colleges. Accordingly, career
7 education must be represented in accountability processes
8 undertaken for educational institutions. It is the intent of
9 the Legislature that the vocational standards articulated in
10 s. 239.229(2) be considered in the development of
11 accountability measures for public schools pursuant to ss.
12 229.591, 229.592, 229.593, 229.594, and 230.23(16)(18) and for
13 community colleges pursuant to s. 240.324.
14 Section 64. Subsections (1) and (3) of section
15 239.229, Florida Statutes, are amended to read:
16 239.229 Vocational standards.--
17 (1) The purpose of career education is to enable
18 students who complete vocational programs to attain and
19 sustain employment and realize economic self-sufficiency. The
20 purpose of this section is to identify issues related to
21 career education for which school boards and community college
22 boards of trustees are accountable. It is the intent of the
23 Legislature that the standards articulated in subsection (2)
24 be considered in the development of accountability standards
25 for public schools pursuant to ss. 229.591, 229.592, 229.593,
26 229.594, and 230.23(16)(18) and for community colleges
27 pursuant to s. 240.324.
28 (3) Each area technical center operated by a school
29 board shall establish a center advisory council pursuant to s.
30 229.58. The center advisory council shall assist in the
31 preparation and evaluation of center improvement plans
165
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 required pursuant to s. 230.23(16)(18) and may provide
2 assistance, upon the request of the center director, in the
3 preparation of the center's annual budget and plan as required
4 by s. 229.555(1).
5 Section 65. Subsection (3) of section 397.405, Florida
6 Statutes, is amended to read:
7 397.405 Exemptions from licensure.--The following are
8 exempt from the licensing provisions of this chapter:
9 (3) A substance abuse education program established
10 pursuant to s. 233.061 233.067.
11 Section 66. Subsection (2) of section 402.22, Florida
12 Statutes, 1996 Supplement, is amended to read:
13 402.22 Education program for students who reside in
14 residential care facilities operated by the Department of
15 Health and Rehabilitative Services.--
16 (2) District school boards shall establish educational
17 programs for all students ages 5 through 18 under the
18 residential care of the Department of Health and
19 Rehabilitative Services and may provide for students below age
20 3 5 as provided for in s. 232.01(1)(e). Funding of such
21 programs shall be pursuant to s. 236.081.
22 Section 67. Paragraph (a) of subsection (5) of section
23 415.5015, Florida Statutes, is amended to read:
24 415.5015 Child abuse prevention training in the
25 district school system.--
26 (5) PREVENTION TRAINING CENTERS; FUNCTIONS; SELECTION
27 PROCESS; MONITORING AND EVALUATION.--
28 (a) Each training center shall perform the following
29 functions:
30 1. Act as a clearinghouse to provide information on
31 prevention curricula which meet the requirements of this
166
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 section and the requirements of ss. 231.17, 233.011(3)(a),
2 236.0811, and 415.501.
3 2. Assist the local school district in selecting a
4 prevention program model which meets the needs of the local
5 community.
6 3. At the request of the local school district, design
7 and administer training sessions to develop or expand local
8 primary prevention and training programs.
9 4. Provide assistance to local school districts,
10 including, but not limited to, all of the following:
11 administration, management, program development, multicultural
12 staffing, and community education, in order to better meet the
13 requirements of this section and of ss. 231.17, 233.011(3)(a),
14 236.0811, and 415.501.
15 5. At the request of the Department of Education or
16 the local school district, provide ongoing program development
17 and training to achieve all of the following:
18 a. Meet the special needs of children, including, but
19 not limited to, the needs of disabled and high-risk children.
20 b. Conduct an outreach program to inform the
21 surrounding communities of the existence of primary prevention
22 and training programs and of funds to conduct such programs.
23 6. Serve as a resource to the Department of Health and
24 Rehabilitative Services and its districts.
25 Section 68. Subsection (2) of section 450.121, Florida
26 Statutes, is amended to read:
27 450.121 Enforcement of Child Labor Law.--
28 (2) It is the duty of the division and its agents and
29 all sheriffs or other law enforcement officers of the state or
30 of any municipality of the state to enforce the provisions of
31 this law, to make complaints against persons violating its
167
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 provisions, and to prosecute violations of the same. The
2 division and its agents have authority to enter and inspect at
3 any time any place or establishment covered by this law and to
4 have access to age certificates kept on file by the employer
5 and such other records as may aid in the enforcement of this
6 law. A designated school representative acting in accordance
7 with Attendance assistants employed pursuant to s. 232.17
8 shall report to the division all violations of the Child Labor
9 Law that may come to his or her their knowledge.
10 Section 69. Subsection (12) of section 493.6102,
11 Florida Statutes, 1996 Supplement, is amended to read:
12 493.6102 Inapplicability of parts I through IV of this
13 chapter.--This chapter shall not apply to:
14 (12) Any person who is a school crossing guard
15 employed by a third party hired by a city or county and
16 trained in accordance with s. 316.75 234.302.
17 Section 70. Subsection (2) of section 561.025, Florida
18 Statutes, is amended to read:
19 561.025 Alcoholic Beverage and Tobacco Trust
20 Fund.--There is created within the State Treasury the
21 Alcoholic Beverage and Tobacco Trust Fund. All funds collected
22 by the division under ss. 210.15, 210.40, or under s. 569.003
23 and the Beverage Law with the exception of state funds
24 collected pursuant to ss. 561.501, 563.05, 564.06, and 565.12
25 shall be deposited in the State Treasury to the credit of the
26 trust fund, notwithstanding any other provision of law to the
27 contrary. Moneys deposited to the credit of the trust fund
28 shall be used to operate the division and to provide a
29 proportionate share of the operation of the office of the
30 secretary and the Division of Administration of the Department
31 of Business and Professional Regulation; except that:
168
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (2) Ten percent of the revenues derived from retail
2 tobacco products dealer permit fees collected under s. 569.003
3 shall be transferred to the Department of Education to provide
4 for teacher training and for research and evaluation to reduce
5 and prevent the use of tobacco products by children, pursuant
6 to s. 233.067(4).
7 Section 71. Paragraph (b) of subsection (3) of section
8 11.42, Florida Statutes, 1996 Supplement, is amended to read:
9 11.42 The Auditor General.--
10 (3)
11 (b)1. No person shall be employed as a financial
12 auditor who does not possess the qualifications to take the
13 examination for a certificate as certified public accountant
14 under the laws of this state, and no person shall be employed
15 or retained as legal adviser, on either a full-time or a
16 part-time basis, who is not a member of The Florida Bar.
17 2. Notwithstanding the provisions of subparagraph 1.,
18 employees in the positions associated with the Florida
19 Education Finance Program full-time enrollment verification
20 function that is assigned to the Auditor General pursuant to
21 s. 229.565(2) s. 229.565(3) may continue to meet the job
22 qualifications that existed prior to such transfer for a
23 period of 3 years after such transfer. Thereafter, they shall
24 meet the requirements of subparagraph 1. This subparagraph is
25 repealed on July 1, 1998.
26 Section 72. Section 20.15, Florida Statutes, is
27 amended to read:
28 20.15 Department of Education.--There is created a
29 Department of Education.
30 (1) STATE BOARD OF EDUCATION.--In accordance with The
31 head of the Department of Education is the State Board of
169
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Education composed of the Governor and Cabinet as specified in
2 s. 2, Art. IX of the State Constitution, the State Board of
3 Education is the chief policymaking body of public education
4 in the state as specified in chapter 229. The Governor is
5 chair of the board, and the Commissioner of Education is the
6 secretary and executive officer and in the absence of the
7 Governor shall serve as chair.
8 (2) COMMISSIONER OF EDUCATION.--The head of the
9 Department of Education is the Commissioner of Education who
10 shall be elected by vote of the qualified electors of the
11 state pursuant to s. 5, Art. IV of the State Constitution.
12 (a) The Commissioner of Education shall appoint a
13 Deputy Commissioner for Educational Programs who has such
14 powers, duties, responsibilities, and functions as are
15 necessary to ensure the greatest possible coordination,
16 efficiency, and effectiveness of kindergarten through
17 12th-grade education and vocational and continuing education
18 programs.
19 (b) The Commissioner of Education shall appoint a
20 Deputy Commissioner for Planning, Budgeting, and Management
21 who has such powers, duties, responsibilities, and functions
22 as are necessary to ensure the greatest possible coordination
23 of policies, programs, and procedures for the statewide system
24 of education and the department.
25 (3)(2) DIVISIONS.--
26 (a) The following divisions of the Department of
27 Education are established:
28 1. Division of Community Colleges.
29 2. Division of Public Schools.
30 3. Division of Universities.
31 4. Division of Applied Technology and Adult Education.
170
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 5. Division of Human Resource Development.
2 (b) The Commissioner of Education is authorized to
3 establish within the Department of Education a Division of
4 Administration.
5 (4)(3) DIRECTORS.--The Board of Regents is the
6 director of the Division of Universities, and the State Board
7 of Community Colleges is the director of the Division of
8 Community Colleges, pursuant to chapter 240. The directors of
9 all other divisions shall be appointed by the commissioner
10 subject to approval by the state board.
11 (5)(4) POWERS AND DUTIES.--The State Board of
12 Education and the Commissioner of Education:
13 (a) Shall assign to the Division of Public Schools
14 such powers, duties, responsibilities, and functions as are
15 necessary to ensure the greatest possible coordination,
16 efficiency, and effectiveness of kindergarten through 12th
17 grade education.
18 (b) Shall assign to the Division of Applied Technology
19 and Adult Education such powers, duties, responsibilities, and
20 functions as are necessary to ensure the greatest possible
21 coordination, efficiency, and effectiveness of career and
22 continuing education.
23 (c) Shall assign to the State Board of Community
24 Colleges such powers, duties, responsibilities, and functions
25 as are necessary to ensure the coordination, efficiency, and
26 effectiveness of community colleges, except those duties
27 specifically assigned to the Commissioner of Education in ss.
28 229.512 and 229.551 and the duties concerning physical
29 facilities in chapter 235.
30 (6)(5) COUNCILS AND COMMITTEES.--Notwithstanding
31 anything contained in law to the contrary, the Commissioner of
171
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Education shall appoint all members of all councils and
2 committees of the Department of Education, except the Board of
3 Regents, the State Board of Community Colleges, the state
4 instructional materials committees, and the community college
5 district boards of trustees, the Postsecondary Education
6 Planning Commission, the Education Practices Commission, the
7 Education Standards Commission, the State Board of Independent
8 Colleges and Universities, the Florida Commission on Education
9 Reform and Accountability, and the State Board of Independent
10 Postsecondary Vocational, Technical, Trade, and Business
11 Schools shall hereafter be appointed by the State Board of
12 Education from a list of two or more names nominated for each
13 position by the Commissioner of Education.
14 (7)(6) BOARDS.--Notwithstanding anything contained in
15 law to the contrary, all members of the Board of Regents, the
16 State Board of Community Colleges, and the community college
17 district boards of trustees must shall be appointed according
18 to chapter 240.
19 Section 73. Section 228.03, Florida Statutes, is
20 amended to read:
21 228.03 Scope of state system.--The state system of
22 public education includes such school systems, schools,
23 institutions, agencies, services, and types of instruction as
24 may be provided and authorized by law, or by regulations of
25 the state board and of the Commissioner of Education within
26 limits prescribed by law.
27 Section 74. Subsections (1), (5), (6), (13), (18), and
28 (29) of section 228.041, Florida Statutes, 1996 Supplement,
29 are amended and subsection (35) of that section is repealed
30 and present subsections (36), (37), (38), (39), and (40) of
31
172
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 that section are redesignated as subsections (35), (36), (37),
2 (38), and (39), respectively, to read:
3 228.041 Definitions.--Specific definitions shall be as
4 follows, and wherever such defined words or terms are used in
5 the Florida School Code, they shall be used as follows:
6 (1) STATE SYSTEM OF PUBLIC EDUCATION.--The state
7 system of public education shall consist of such publicly
8 supported and controlled schools, institutions of higher
9 education, other educational institutions, and other
10 educational services as may be provided or authorized by the
11 Constitution and laws of this state.
12 (a) Public schools.--The public schools shall consist
13 of kindergarten classes; elementary and secondary school
14 grades and special classes; adult, part-time, vocational, and
15 evening schools, courses, or classes authorized by law to be
16 operated under the control of school boards; and developmental
17 research schools to be operated under the control of the State
18 University System.
19 (b) Community colleges.--Community colleges shall
20 consist of all educational institutions which are operated by
21 local community college district boards of trustees under
22 specific authority and regulations of the State Board of
23 Education and which offer courses and programs of general and
24 academic education parallel to that of the first and second
25 years of work in institutions in the State University System,
26 of career education, and of adult continuing education.
27 (c) Institutions of higher education.--The
28 institutions of higher education shall consist of all
29 state-supported educational institutions offering work above
30 the public school level, other than community colleges, that
31 are authorized and established by law, together with all
173
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 activities and services authorized by law to be administered
2 by or through each of those institutions.
3 (d) Other educational institutions.--Other
4 state-supported institutions primarily of an educational
5 nature shall be considered parts of the state system of public
6 education. The educational functions of other state-supported
7 institutions which are not primarily of an educational nature
8 but which have specific educational responsibilities shall be
9 considered responsibilities belonging to the state system of
10 public education.
11 (e) Other educational services.--Other educational
12 services shall include health services and such special
13 services and functions as may be authorized by law or by
14 regulations of the state board as prescribed by law and as are
15 considered necessary to improve, promote, and protect the
16 adequacy and efficiency of the state system of public
17 education.
18 (e) Other education-related services.--Other
19 education-related services may include health services, and
20 other special services and functions as may be authorized by
21 law or rule as necessary to improve, promote or protect the
22 education system.
23 (f) Florida School for the Deaf and the Blind.--The
24 Florida School for the Deaf and the Blind is a part of the
25 state system of education.
26 (5) SCHOOL.--A school is an organization of pupils for
27 instructional purposes on an elementary, secondary, or other
28 public school level, approved under regulations of the
29 Commissioner of Education or state board.
30 (6) SCHOOL CENTER.--A school center is a place of
31 location of any school or schools on the same or on adjacent
174
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 sites or on a site under the control of the principal and
2 within a reasonable distance of the main center as prescribed
3 by regulations of the Commissioner State Board of Education.
4 (13) SCHOOL DAY.--A school day for any group of
5 students is that portion of the day in which school is
6 actually in session and shall comprise not less than 5 net
7 hours, excluding intermissions, for all grades above the
8 third; not less than 4 net hours for the first three grades;
9 and not less than 3 net hours for kindergarten or
10 prekindergarten students with disabilities, or the equivalent
11 as calculated on a weekly basis. The net hours specified in
12 this subsection shall consist only of instruction in an
13 approved course of study and shall exclude all
14 noninstructional activities as defined by rules of the
15 Commissioner State Board of Education. Three of the last days
16 of the 90-day term, and of the 180-day term, may be designated
17 by the district school board as final examination days for
18 secondary school students. These final examination days shall
19 consist of no less than 4 net hours, excluding intermissions.
20 The minimum length of the school day herein specified may be
21 decreased under rules which shall be adopted by the state
22 board for double session schools or programs, experimental
23 schools, or schools operating under emergency conditions.
24 (18) EXCEPTIONAL STUDENT.--The term "exceptional
25 student" means any child or youth who has been determined
26 eligible for a special program in accordance with rules of the
27 Commissioner of Education or the State Board of Education
28 Rules. The term "exceptional students" includes students who
29 are gifted and students with disabilities who are mentally
30 handicapped, speech and language impaired, deaf or hard of
31 hearing, visually impaired, dual sensory impaired, physically
175
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 impaired, emotionally handicapped, specific learning disabled,
2 hospital and homebound, autistic, developmentally delayed
3 children, ages birth through 5 years, or children with
4 established conditions, ages birth through 2 years.
5 (29) DROPOUT.--A dropout is a student over the age of
6 compulsory school attendance, as defined in s. 232.01, who
7 meets any one or more of the following criteria:
8 (a) The student has voluntarily removed himself or
9 herself from the school system before graduation for reasons
10 that include, but are not limited to, marriage or entrance
11 into the military, or the student has withdrawn from school
12 because he or she has failed the statewide student assessment
13 test and thereby does not receive any of the certificates of
14 completion;
15 (b) The student has not met the relevant attendance
16 requirements of the school district pursuant to State Board of
17 Education rules, or the student was expected to attend a
18 school but did not enter as expected for unknown reasons, or
19 the student's whereabouts are unknown;
20 (c) The student has withdrawn from school, but has not
21 transferred to another public or private school or enrolled in
22 any vocational, adult, or alternative educational program;
23 (d) The student has withdrawn from school due to
24 hardship, unless such withdrawal has been granted under the
25 provisions of s. 322.0601, court action, expulsion, medical
26 reasons, or pregnancy; or
27 (e) The student is not eligible to attend school
28 because of reaching the maximum age for an exceptional student
29 program in accordance with the district's policy.
30
31
176
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Students not exempt from attendance pursuant to s. 232.06 and
2 under the age of compulsory school attendance who stop
3 attending school shall be known as habitual truants as defined
4 in subsection (28) and are not to be considered dropouts. The
5 State Board of Education may adopt rules to implement the
6 provisions of this subsection.
7 Section 75. Section 228.062, Florida Statutes, is
8 amended to read:
9 228.062 Migrant education program.--The Commissioner
10 of Education shall recommend, and the State Board of Education
11 shall prescribe, such rules as are necessary to provide for
12 the participation of the state in the federal migratory child
13 compensatory education program, which may be funded from
14 federal or other lawful sources. The Department of Education
15 is authorized to plan, fund, and administer educational
16 programs for migrant children in the state, beginning for such
17 children at age 3. Such programs shall be operated through
18 grants to local school districts or through contracts with
19 other public agencies or nonprofit corporations.
20 Section 76. Section 228.081, Florida Statutes, is
21 amended to read:
22 228.081 Other public educational services.--The
23 general control of other public educational services shall be
24 vested in the state board except as provided herein. The
25 state board shall, at the request of the Department of
26 Children Health and Family Rehabilitative Services and the
27 Department of Juvenile Justice, advise as to standards and
28 requirements relating to education to be met in all state
29 schools or institutions under their control which provide
30 educational programs. The Department of Education shall
31 provide supervisory services for the educational programs of
177
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 all such schools or institutions. The direct control of any
2 of these services provided as part of the district program of
3 education shall rest with the school board. These services
4 shall be supported out of state, district, federal, or other
5 lawful funds, depending on the requirements of the services
6 being supported.
7 Section 77. Section 228.086, Florida Statutes, is
8 amended to read:
9 228.086 Regional centers of excellence in mathematics,
10 science, computers, technology, and global awareness.--
11 (1) The Department of Education is authorized to award
12 grants to public school districts, developmental research
13 schools, state community colleges, state universities, private
14 postsecondary institutions, or museums of science as defined
15 in s. 265.608, or any combination thereof, to establish
16 regional centers of excellence in mathematics, science,
17 computers, technology, and global awareness.
18 (2) The State Board of Education shall adopt rules to
19 implement the program for regional centers of excellence.
20 Such rules shall provide procedures for proposals to be
21 submitted by individual public school districts, developmental
22 research schools, state community colleges, state
23 universities, private postsecondary institutions, or museums
24 of science as defined in s. 265.608, according to prescribed
25 format criteria. The rules shall also specify criteria for
26 evaluation of the proposals so that the final selections will
27 result at least in one center being located in each of the
28 reporting and coordinating regions of the Department of
29 Education, which regions shall be known as "Panhandle,"
30 "Crown," "East Central," "West Central," and "South." For
31 purposes of this section, the South region shall be further
178
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 divided into "Upper" and "Lower" regions. Dade County and
2 Monroe County shall comprise the Lower South region. The Upper
3 South region shall be composed of the remaining counties in
4 the South region. At least one center shall be located in the
5 Upper South region and at least one center shall be located in
6 the Lower South region. The final selections shall be made by
7 the commissioner with the primary consideration to be the
8 greatest potential impact on student performance within the
9 region in terms of dollars required. Funding for each
10 regional center shall be in an amount established by the
11 Legislature after consideration of the budget request of the
12 center, which request shall include specific performance data
13 and quantifiable objectives for the following year. If a
14 center is deemed not to be meeting its stated objectives, as
15 determined by the State Board of Education, the Legislature
16 shall zero-fund the center and the commissioner shall promptly
17 call for new proposals within that region.
18 (3)(a) Each center shall have a director appointed by
19 the appropriate administrator of the district school board,
20 developmental research school, state community college, state
21 university, private postsecondary institution, or museum of
22 science as defined in s. 265.608, where the center is located,
23 funded, and administered. Such governing entity shall be
24 generally responsible and accountable for all activities of
25 the center with the director being specifically responsible
26 and accountable.
27 (b) Upon consideration of the recommendations of the
28 governing entity of the center, the commissioner shall appoint
29 an advisory council for each center consisting of no more than
30 11 members. Prior to appointing the advisory council, the
31 commissioner shall solicit input from each of the groups which
179
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 shall be represented on the council. Membership shall be
2 representative of public school districts, developmental
3 research schools, state community colleges, state
4 universities, private postsecondary institutions, or museums
5 of science as defined in s. 265.608, and private industry and
6 business. The advisory council shall make recommendations
7 regarding policy, activities, and fiscal operations and shall
8 facilitate coordination of entities within the region. The
9 director of the center and staff of the center shall also
10 serve as staff to the council.
11 (4) The evaluation of proposals shall include
12 consideration of:
13 (a) Cooperative arrangements among public school
14 districts, developmental research schools, state community
15 colleges, state universities, private postsecondary
16 institutions, or museums of science as defined in s. 265.608,
17 and the other governmental agencies and the private sector,
18 including cooperative funding arrangements.
19 (b) Strategies for improvement of student performance.
20 (c) Development and dissemination of new principles,
21 techniques, knowledge, and instructional strategies.
22 (d) Evaluation and development of instructional
23 materials.
24 (e) Recruitment and training of minority and female
25 students for careers in mathematics, science, or
26 computer-related careers or global awareness.
27 (f) Recruitment or retraining to include, but not be
28 limited to, retired military or private industry and business
29 personnel for teaching.
30 (g) Identification and assistance in the acquisition
31 of revenues and other resources from the private sector,
180
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 federal or state government, or foundations for programs in
2 mathematics, science, or computer education or global
3 awareness.
4 (h) Production and dissemination of videotaped
5 instructional materials for students and teachers.
6 (i) Development, dissemination, and evaluation of
7 instructional materials, teacher training, and related
8 services for public school students whose native language is
9 other than English and whose proficiency in English is limited
10 where substantiated need exists as determined by the
11 Department of Education.
12 (j) Development and operation of a computer education
13 laboratory and library of related materials.
14 (5) As used in this section, the term "private
15 postsecondary institution" means an independent nonprofit
16 college or university which is located in and chartered by the
17 state; which is accredited by an agency holding membership in
18 the Commission on Recognition of Postsecondary Accreditation;
19 which grants baccalaureate, associate in arts, or associate in
20 science degrees and the credits of which are acceptable
21 without qualification for transfer to state universities; and
22 which is not a state university or state community college or
23 a pervasively sectarian institution.
24 (6) This section shall be implemented in the 1983-1984
25 school year and thereafter only to the extent as specifically
26 funded and authorized by law.
27 Section 78. Section 228.088, Florida Statutes, is
28 amended to read:
29 228.088 High schools and secondary schools utilization
30 of security programs.--Each district high school and secondary
31 school shall develop and implement programs for security
181
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 purposes to be in effect during school operating hours. Such
2 programs may consist of teachers, volunteers, neighborhood
3 watch programs, school resource officers, security guards, or
4 any combination thereof. The Commissioner State Board of
5 Education shall adopt rules to implement the provisions of
6 this section.
7 Section 79. Subsection (3) of section 228.092, Florida
8 Statutes, is amended to read:
9 228.092 Retention of records of students attending
10 nonpublic schools.--
11 (3) DEPARTMENT RESPONSIBILITIES.--All nonpublic
12 schools that which become defunct shall notify the Deputy
13 Commissioner for Educational Programs Management Information
14 Service Section in the Department of Education of the date of
15 transfer of student records, the location of storage, the
16 custodian of such records, and the number of records to be
17 stored. The department shall act as a clearinghouse and
18 maintain a registry of such transfers of student records.
19 Section 80. Subsections (2) and (3) of section
20 228.195, Florida Statutes, are amended to read:
21 228.195 School food service programs.--
22 (2) STATE RESPONSIBILITY.--The Commissioner of
23 Education shall recommend, and the State Board of Education
24 shall prescribe, rules and standards covering all phases of
25 the administration and operation of the school food service
26 programs.
27 (3) SCHOOL DISTRICT RESPONSIBILITY.--Each district
28 school board shall consider the recommendations of the
29 district superintendent and adopt policies to provide for an
30 appropriate food and nutrition program for children consistent
31
182
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 with regulations and standards prescribed by the commissioner
2 state board.
3 Section 81. Subsection (1) of section 228.301, Florida
4 Statutes, is amended to read:
5 228.301 Test security.--
6 (1) It is unlawful for anyone knowingly and willfully
7 to violate test security rules adopted by the State Board of
8 Education or the Commissioner of Education for mandatory tests
9 administered by or through the State Board of Education or the
10 Commissioner of Education to students, educators, or
11 applicants for certification or administered by school
12 districts pursuant to s. 229.57, or, with respect to any such
13 test, knowingly and willfully to:
14 (a) Give examinees access to test questions prior to
15 testing;
16 (b) Copy, reproduce, or use in any manner inconsistent
17 with test security rules all or any portion of any secure test
18 booklet;
19 (c) Coach examinees during testing or alter or
20 interfere with examinees' responses in any way;
21 (d) Make answer keys available to examinees;
22 (e) Fail to follow security rules for distribution and
23 return of secure test as directed, or fail to account for all
24 secure test materials before, during, and after testing;
25 (f) Fail to follow test administration directions
26 specified in the test administration manuals; or
27 (g) Participate in, direct, aid, counsel, assist in,
28 or encourage any of the acts prohibited in this section.
29 Section 82. Subsection (13) of section 228.502,
30 Florida Statutes, 1996 Supplement, is amended to read:
31 228.502 The Education Success Incentive Program.--
183
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (13) The Department of Education shall administer the
2 Education Success Incentive Program pursuant to rules adopted
3 by the Commissioner State Board of Education.
4 Section 83. Section 229.011, Florida Statutes, is
5 amended to read:
6 229.011 State functions.--Public education is
7 basically a function and responsibility of the state. The
8 responsibility for establishing such minimum standards and
9 regulations as shall tend to assure efficient operation of all
10 schools and adequate educational opportunities for all
11 children is retained by the state.
12 Section 84. Section 229.053, Florida Statutes, 1996
13 Supplement, is amended to read:
14 229.053 General powers of state board.--
15 (1) The State Board of Education is the chief
16 policymaking and coordinating body of public education in
17 Florida. It has the general powers to determine, adopt, or
18 prescribe such policies, rules, regulations, or standards as
19 are required by law or as it may find necessary for the
20 improvement of the state system of public education. Except
21 as otherwise provided herein, it may, as it shall find
22 appropriate, delegate its general powers to the Commissioner
23 of Education or the directors of the divisions of the
24 department.
25 (2) The board has the following duties:
26 (a) To adopt comprehensive educational objectives for
27 public education.
28 (b) To adopt comprehensive long-range plans and
29 short-range programs for the development of the state system
30 of public education.;
31
184
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (c) To exercise general supervision over the divisions
2 of the Department of Education as, including the Division of
3 Universities, to the extent necessary to ensure coordination
4 of educational plans and programs and resolve controversies
5 and to coordinate the academic calendars of universities,
6 community colleges, and public schools to minimize problems of
7 articulation and student transfers, to assure that students
8 moving from one level of education to the next have acquired
9 competencies necessary for satisfactory performance at that
10 level, and to ensure maximum utilization of facilities.;
11 (d) To adopt for public universities and community
12 colleges, and from time to time modify, minimum and uniform
13 standards of college-level communication and computation
14 skills generally associated with successful performance and
15 progression through the baccalaureate level; to approve tests
16 and other assessment procedures which measure student
17 achievement of those skills; and to identify
18 college-preparatory high school coursework and
19 postsecondary-level coursework that prepares students with the
20 academic skills necessary to succeed in postsecondary
21 education.;
22 (e) To adopt and transmit to the Governor as chief
23 budget officer of the state on official forms furnished for
24 such purposes, on or before September 1 of each year,
25 estimates of expenditure requirements for the State Board of
26 Education, the Commissioner of Education, and all of the
27 boards, institutions, agencies, and services under the general
28 supervision of the State Board of Education for the ensuing
29 fiscal year.;
30 (f) To hold meetings, transact business, keep records,
31 adopt a seal, and perform such other duties as may be
185
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 necessary for the enforcement of all laws and regulations
2 relating to the state system of public education.;
3 (g) To have possession of and manage all lands granted
4 to or held by the state for educational purposes;
5 (h) To administer the State School Fund;
6 (g)(i) To approve plans for cooperating with the
7 Federal Government. and, pursuant thereto, by regulation to
8 accept funds, create subordinate units, and provide the
9 necessary administration required by any federal program;
10 (h)(j) To approve plans for cooperating with other
11 public agencies in the development of regulations and in the
12 enforcement of laws for which the state board and such
13 agencies are jointly responsible.;
14 (i)(k) To review approve plans for cooperating with
15 appropriate nonpublic agencies for the improvement of
16 conditions relating to the welfare of schools.;
17 (l) To authorize, approve, and require to be used such
18 forms as are needed to promote uniformity, accuracy, or
19 completeness in executing contracts, keeping records, or
20 making reports;
21 (j)(m) To create such subordinate advisory bodies as
22 are may be required by law or as it finds may find necessary
23 for the improvement of education.;
24 (k)(n) To constitute the State Board for Career
25 Education or other structures as may be required by federal
26 law.;
27 (l) To assist in the economic development of the state
28 by developing a state-level planning process to identify
29 future training needs for industry, especially high-technology
30 industry.
31
186
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (m) To assist in the planning and economic development
2 of the state by establishing a clearinghouse for information
3 on educational programs of value to economic development.
4 (n)(o) To contract with independent institutions
5 accredited by an agency holding membership in the Commission
6 on Recognition of Postsecondary Accreditation for the
7 provision of those educational programs and facilities which
8 will meet needs unfulfilled by the state system of public
9 postsecondary education;
10 (p) To adopt, based on recommendations of the
11 Postsecondary Education Planning Commission, criteria for the
12 establishment of new community colleges and state
13 universities; and
14 (o)(q) To recommend that a district school board take
15 action consistent with the state board's decision relating to
16 an appeal of a charter school application.
17 Section 85. Subsection (2) of section 229.085, Florida
18 Statutes, is amended to read:
19 229.085 Custody of educational funds.--
20 (2) There is created in the Department of Education
21 the Projects, Contracts, and Grants Trust Fund. If, in
22 executing the terms of such grants or contracts for specific
23 projects, the employment of personnel shall be required, such
24 personnel shall not be subject to the requirements of s.
25 216.262(1)(a). Effective July 1, 1979, The personnel employed
26 to plan and administer such projects shall be considered in
27 time-limited employment not to exceed the duration of the
28 grant or until completion of the project, whichever first
29 occurs. Such employees shall not acquire retention rights
30 under the Career Service System, the provisions of s.
31 110.051(1) to the contrary notwithstanding. Any employee
187
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 holding permanent career service status in a Department of
2 Education position who is appointed to a position under the
3 Projects, Contracts, and Grants Trust Fund shall retain such
4 permanent status in the career service position.
5 Section 86. Subsection (1) of section 229.111, Florida
6 Statutes, is amended to read:
7 229.111 State board authorized to accept gifts.--
8 (1) The Commissioner of Education may State Board of
9 Education shall have authority to accept or decline, on behalf
10 of the state system of public education or of any school fund
11 established or recognized by law, any gift or bequest of
12 money, royalty, or other personal or real property given or
13 bequeathed to the state system of public education, or to any
14 school fund established or recognized by law.; provided, that
15 no Conditions may not shall be attached to any such gift or
16 bequest of money, royalty, or other personal or real property
17 given or bequeathed for the purposes designated herein which
18 are contrary to the provisions of law or regulations of the
19 state board relating to the use or expenditure of the fund.
20 Section 87. Section 229.512, Florida Statutes, is
21 amended to read:
22 229.512 Commissioner of Education, general powers and
23 duties.--The Commissioner of Education is the chief
24 educational officer of the state, and has the following
25 general powers and duties:
26 (1) To appoint staff necessary to carry out his or her
27 powers and duties., except that appointment of all division
28 directors shall be subject to approval by the State Board of
29 Education, except the Board of Regents, whose members shall be
30 appointed pursuant to s. 240.207, and the State Board of
31
188
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Community Colleges, whose members shall be appointed pursuant
2 to s. 240.307;
3 (2) To suspend, for cause, with the approval of the
4 State Board of Education, a public community college
5 president. Such suspension shall be acted upon expeditiously
6 by the local community college board of trustees.;
7 (3) To advise and counsel with the State Board of
8 Education on all matters pertaining to education; to recommend
9 to the State Board of Education actions and policies as, in
10 the commissioner's opinion, should be acted upon or adopted;
11 and to execute or provide for the execution of all acts and
12 policies as are approved.;
13 (4) To call such special meetings of the State Board
14 of Education as the commissioner deems necessary.;
15 (5) To keep such records as are necessary to set forth
16 clearly all acts and proceedings of the state board.;
17 (6) To have a seal for his or her office with which,
18 in connection with his or her own signature, the commissioner
19 shall authenticate true copies of decisions, acts, or
20 documents.;
21 (7) To assemble all data relative to the preparation
22 of the long-range plan for the development of the state system
23 of public education; to propose for adoption by the State
24 Board of Education such a plan; and to propose revisions in
25 the plan as may be necessary.;
26 (8) To recommend to the State Board of Education
27 policies and steps designed to protect and preserve the
28 principal of the State School Fund; and to provide an assured
29 and stable income from the fund;, and to execute such policies
30 and actions as are approved; and to administer the State
31 School Fund.
189
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (9) To take action on the release of mineral rights
2 based upon the recommendations of the Board of Trustees of the
3 Internal Improvement Trust Fund. investigate and submit
4 proposals for sale of all school lands held by the state for
5 educational purposes; to recommend policies for rental, use,
6 or improvement of such lands and for preserving them from
7 trespass or injury, and to execute such policies as are
8 approved;
9 (10) To submit to the State Board of Education, at
10 least 30 days prior to the date fixed herein, recommendations
11 of expenditures for the State Board of Education, the
12 Commissioner of Education, and all of the boards,
13 institutions, agencies, and services under the general
14 supervision of the State Board of Education for the ensuing
15 fiscal year.;
16 (11) To develop and implement a plan for recommend
17 ways and means of cooperating with the Federal Government in
18 carrying out any or all phases of the educational program and
19 to recommend policies for administering funds that are which
20 may be appropriated by Congress and apportioned to the state
21 for any or all educational purposes.;
22 (12) To develop and implement recommend policies for
23 cooperating with other public agencies in carrying out those
24 phases of the program in which such cooperation is required by
25 law or is deemed by the commissioner to be desirable and to
26 cooperate with public and nonpublic agencies in planning and
27 bringing about improvements in the educational program.;
28 (13) To prepare for approval of the State Board of
29 Education such forms and procedures as are deemed necessary to
30 be used by the Board of Regents, boards of trustees of
31 community colleges, district school boards, and all other
190
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 educational agencies to assure uniformity, accuracy, and
2 efficiency in the keeping of records, the execution of
3 contracts, the preparation of budgets, or the submission of
4 reports; to furnish at state expense, when deemed advisable by
5 the commissioner, those forms that which can more economically
6 and efficiently be provided.;
7 (14) To implement a program of school improvement and
8 education accountability as provided by statute and State
9 Board of Education rule which is based upon the achievement of
10 the state education goals, recognizing the State Board of
11 Education as the body corporate responsible for the
12 supervision of the system of public education, the school
13 board as responsible for school and student performance, and
14 the individual school as the unit for education
15 accountability; to arrange for the preparation, publication,
16 and distribution of materials relating to the state system of
17 public education which will supply information concerning
18 needs, problems, plans, and possibilities; to prepare and
19 publish annually reports giving statistics and other useful
20 information pertaining to the state system of public
21 education; and to have printed copies of school laws, forms,
22 instruments, instructions, and regulations of the State Board
23 of Education and to provide for the distribution of the same.;
24 and
25 (15) To develop criteria for use by state
26 instructional materials committees in evaluating materials
27 submitted for adoption consideration. The criteria shall, as
28 appropriate, be based on instructional expectations reflected
29 in curriculum frameworks and student performance standards.
30 The criteria for each subject or course shall be made
31 available to publishers of instructional materials at least 24
191
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 months prior to the date on which bids are due as provided by
2 s. 233.14. It is the intent of the Legislature that
3 publishers have ample time to develop instructional materials
4 designed to meet requirements in this state.
5 Section 88. Section 229.515, Florida Statutes, is
6 created to read:
7 229.515 Rules and standards have force of law.--The
8 Commissioner of Education may prescribe such rules and minimum
9 standards as are necessary to carry out his or her
10 responsibilities under the school code, with the exception of
11 provisions relating to state universities and community
12 colleges and the Florida School for the Deaf and the Blind,
13 and all such rules and minimum standards, if not in conflict
14 with the school code, have the full force and effect of law.
15 The commissioner, in prescribing such rules, is considered an
16 "agency" for purposes of chapter 120.
17 Section 89. Section 229.559, Florida Statutes, is
18 amended to read:
19 229.559 Social security numbers used as student
20 identification numbers.--Beginning in the 1990-1991 school
21 year, Each school district shall request that each student
22 enrolled in a public school in this state provide his or her
23 social security number. Beginning in the 1991-1992 school
24 year, Each school district shall use social security numbers
25 as student identification numbers in the management
26 information system maintained by the school district. However,
27 a student is shall not be required to provide his or her
28 social security number as a condition for enrollment or
29 graduation. A student satisfies this requirement by
30 presenting to school enrollment officials his or her social
31 security card or a copy of the such card. The school district
192
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 shall include the social security number in the student's
2 permanent records and shall indicate if the student
3 identification number is not a social security number. The
4 commissioner shall provide assistance to school districts to
5 assure that the assignment of student identification numbers
6 other than social security numbers is kept to a minimum and to
7 avoid duplication of any student identification number. By
8 March 1, 1991, the commissioner shall report to the State
9 Board of Education the increase in student social security
10 numbers on record and the actions implemented and planned to
11 enable districts to comply with the requirements of this
12 section by the 1991-1992 school year.
13 Section 90. Section 229.565, Florida Statutes, is
14 amended to read:
15 229.565 Educational evaluation procedures.--
16 (1) STUDENT PERFORMANCE STANDARDS.--
17 (a) The State Board of Education shall approve student
18 performance standards in the various program categories and
19 chronological grade levels which the Commissioner of Education
20 designates as necessary for maintaining a good educational
21 system. The standards must apply, without limitation, to
22 language arts, mathematics, science, social studies, the arts,
23 health and physical education, and foreign language reading,
24 writing, mathematics, science, history, government, geography,
25 economics, and computer literacy. The commissioner shall
26 obtain opinions and advice from citizens, educators, and
27 members of the business community in developing the standards.
28 For purposes of this section, the term "student performance
29 standard" means a statement describing a skill or competency
30 that students are expected to learn.
31
193
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (b) The student performance standards must address the
2 skills and competencies that a student must learn in order to
3 graduate from high school. The commissioner shall also develop
4 performance standards for students who learn a higher level of
5 skills and competencies.
6 (c) Section 3, chapter 83-327, Laws of Florida, shall
7 be implemented in the 1983-1984 school year and thereafter
8 only to the extent specifically funded and authorized by law.
9 (2) STANDARDS OF EXCELLENCE.--The State Board of
10 Education shall approve performance standards of excellence
11 in, but not limited to, mathematics and science, which the
12 Commissioner of Education determines shall best indicate the
13 status of the state system of public education. This
14 provision shall be implemented in the 1983-1984 school year
15 and thereafter only to the extent specifically funded and
16 authorized by law.
17 (2)(3) EDUCATION EVALUATION.--The Commissioner of
18 Education, or the Auditor General as provided in paragraph
19 (a), shall periodically examine and evaluate procedures,
20 records, and programs in each district to determine compliance
21 with law and rules established by the state board or the
22 Commissioner of Education and in each correctional institution
23 operated by the Department of Corrections to determine
24 compliance with law and rules established by the Department of
25 Corrections for the Correctional Education Program pursuant to
26 s. 944.801. Such evaluations must shall include, but need not
27 be limited to:
28 (a) Reported full-time equivalent membership in each
29 program category. This evaluation must shall be conducted by
30 the Auditor General for the Florida Education Finance Program
31 full-time enrollment verification function.
194
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (b) The organization of all special programs to ensure
2 compliance with law and the criteria established and approved
3 by the state board pursuant to the provisions of this section
4 and s. 230.23(4)(m).
5 (c) The procedures for identification and placement of
6 students in educational alternative programs for students who
7 are disruptive or unsuccessful in a normal school environment
8 and for diagnosis and placement of students in special
9 programs for exceptional students, to determine that the
10 district is following the criteria for placement established
11 by rules of the state board and of the Commissioner of
12 Education and the procedures for placement established by that
13 district school board.
14 (d) Procedures for screening, identification, and
15 assignment of instructional strategies of the Florida Primary
16 Education Program, or an approved alternative program as
17 provided in s. 230.2312, and any other provisions of the
18 program.
19 (d)(e) An evaluation of the standards by which the
20 school district evaluates basic and special programs for
21 quality, efficiency, and effectiveness.
22 (e)(f) Determination of the ratio of administrators to
23 teachers in each school district.
24 (f)(g) Compliance with the cost accounting and
25 reporting requirements of s. 237.34 and the extent to which
26 the percentage expenditure requirements therein are being met.
27 (g)(h) Clearly defined data collection and
28 documentation requirements, including specifications of which
29 records and information need to be kept and how long the
30 records need to be retained. The information and
31 documentation needs for evaluation must shall be presented to
195
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the school districts and explained well in advance of the
2 actual audit date.
3 (h)(i) Determination of school district achievement in
4 meeting the performance standards specified in s. 232.2454(1).
5 (3)(4) ASSISTANCE AND ADJUSTMENTS.--If discrepancies
6 or deficiencies are found, the Commissioner of Education must
7 shall provide information and assistance to the superintendent
8 and personnel of the district in correcting the cited
9 deficiencies. Priority for such assistance must shall be given
10 to providing the most deficient individual school programs
11 with research-based problem identification strategies and
12 alternatives to improve student performance. Such
13 alternatives must shall be systematically drawn from research
14 related to school effectiveness, teacher effectiveness, or
15 management effectiveness. If it is determined that the
16 approved criteria and procedures for the placement of students
17 and the conduct of programs have not been followed by the
18 district, appropriate adjustments in the full-time equivalent
19 student count for that district must shall be made, and any
20 excess funds must shall be deducted from subsequent
21 allocations of state funds to that district. As provided for
22 by rule rules of the State Board of Education, if errors in a
23 specific program of a district recur in consecutive years due
24 to lack of corrective action by the district, adjustments may
25 be made based upon statistical estimates of error projected to
26 the overall district program.
27 (5) PREKINDERGARTEN EARLY INTERVENTION PROGRAM.--The
28 commissioner shall annually examine and evaluate the
29 procedures, records, and programs of each district which has
30 established a prekindergarten early intervention program to
31 determine the district's compliance with s. 230.2305 and with
196
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the approved district plan for the prekindergarten early
2 intervention program.
3 Section 91. Subsections (3) and (4) of section 229.57,
4 Florida Statutes, are amended to read:
5 229.57 Student assessment program.--
6 (3) STATEWIDE ASSESSMENT PROGRAM.--The commissioner is
7 directed to design and implement a statewide program of
8 educational assessment that provides information for the
9 improvement of the operation and management of the public
10 schools. The program must be designed, as far as possible, so
11 as not to conflict with ongoing district assessment programs
12 and so as to use information obtained from district programs.
13 Pursuant to the statewide assessment program, the commissioner
14 shall:
15 (a) Submit to the state board a list that specifies
16 student skills and competencies to which the goals for
17 education specified in the state plan apply, including, but
18 not limited to, reading, writing, and mathematics. The skills
19 and competencies must include problem-solving and higher-order
20 skills as appropriate. The commissioner shall select such
21 skills and competencies after receiving recommendations from
22 educators, citizens, and members of the business community.
23 Such skills and competencies must include, without limitation,
24 those which comprise minimum standards of student performance.
25 The commissioner shall submit to the state board revisions to
26 the list of student skills and competencies in order to
27 maintain continuous progress toward improvements in student
28 proficiency.
29 (b) Develop and implement a uniform system of
30 indicators to describe the performance of public school
31 students and the characteristics of the public school
197
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 districts and the public schools. These indicators must
2 include, without limitation, information gathered by the
3 comprehensive management information system created pursuant
4 to s. 229.555 and student achievement information obtained
5 pursuant to this section.
6 (c) Develop and implement a student achievement
7 testing program as part of the statewide assessment program,
8 to be administered each spring, of grades 4, 7, and 10 in
9 reading, writing, and mathematics. The testing program must
10 be designed as follows:
11 1. For grades 4 and 7, the testing program must use
12 nationally normed achievement tests that are administered by
13 school districts in accordance with subsection (4). The State
14 Board of Education shall adopt rules specifying the procedures
15 to be used in reviewing available tests and rules designating
16 a list of tests that are acceptable for this purpose. Each
17 school district must administer one of the designated tests to
18 fulfill the requirements of this section. The commissioner
19 shall take steps to assure that the designated tests are
20 administered in a uniform and acceptable manner and shall
21 designate the dates of administration of these tests.
22 2. For grade 10, the testing program must use a
23 nationally normed student achievement test selected through an
24 appropriate bidding process. The commissioner shall designate
25 the criteria to be considered in the bidding process,
26 including, without limitation, the degree to which the
27 nationally normed test is compatible with college-level
28 communication and computation skills defined pursuant to s.
29 229.551(3)(f), the degree of relationship with the skills
30 measured by the college-level communication and computation
31 skills examination prescribed by s. 240.107, the technical
198
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 quality of the test, the adequacy of normative data, and the
2 security of the test forms to be used in this state. The
3 content of the tests must include testing of problem-solving
4 and higher-order skills to the extent possible. Participation
5 in the 10th grade testing program is mandatory for all
6 students in public schools except as may be otherwise
7 prescribed by the commissioner for students not pursuing
8 regular high school diplomas.
9 3. The testing programs for grades 4, 7, and 10 must
10 include a test of writing in which students are required to
11 produce writings which are then scored by appropriate methods.
12 4. For the tests for grades 4 and 7, a score must be
13 designated for each subject area tested, below which score a
14 student's performance is deemed inadequate. The school
15 districts shall provide appropriate remedial instruction to
16 students who score below these levels.
17 5. All 11th grade students shall be required to take
18 high school competency tests developed by the state board to
19 test minimum student performance skills and competencies in
20 reading, writing, and mathematics. Upon recommendation of the
21 commissioner, the state board shall designate a passing score
22 for each part of the high school competency test. In
23 establishing passing scores, the state board shall consider
24 any possible negative impact of the tests on minority
25 students. A student must earn a passing score on each part
26 taken to qualify for a regular high school diploma. The
27 commissioner shall recommend rules to the state board for the
28 provision of test adaptations and modifications of procedures
29 as necessary for students in exceptional education programs
30 and for students who have limited English proficiency. The
31 school districts shall provide appropriate remedial
199
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 instruction to students who do not pass part of the competency
2 test.
3 6. A student seeking an adult high school diploma must
4 meet the same testing requirements that a regular high school
5 student must meet.
6
7 The commissioner may design and implement student testing
8 programs for other grade levels and subject areas, based on a
9 census or sampling procedures designated by the commissioner
10 to monitor educational achievement in the state.
11 (d) Obtain or develop a career planning assessment to
12 be administered to students, at their option, in grades 7 and
13 10 to assist them in preparing for further education or
14 entering the workforce. The statewide student assessment
15 program must include career planning assessment as a free
16 service to schools.
17 (e) Conduct ongoing research to develop improved
18 methods of assessing student performance, including, without
19 limitation, the use of technology to administer tests, the use
20 of electronic transfer of data, the development of
21 work-product assessments, and the development of process
22 assessments.
23 (f) Conduct ongoing research and analysis of student
24 achievement data, including, without limitation, monitoring
25 trends in student achievement, identifying school programs
26 that are successful, and analyzing correlates of school
27 achievement.
28 (g) Provide technical assistance to school districts
29 in the implementation of state and district testing programs
30 and the use of the data produced pursuant to such programs.
31
200
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (4) DISTRICT TESTING PROGRAMS.--Each district shall
2 periodically assess student performance and achievement within
3 each school of the district. Such assessment programs must be
4 based upon local goals and objectives that are compatible with
5 the state plan for education and that supplement the skills
6 and competencies adopted by the State Board of Education. In
7 grades 4 and 8 7, each district shall administer a nationally
8 normed achievement test selected from a list approved by the
9 state board; the data resulting from these tests must be
10 provided to the Department of Education according to
11 procedures specified by the commissioner. The commissioner
12 may request achievement data for other grade levels as
13 necessary.
14 Section 92. Subsection (1) of section 229.59, Florida
15 Statutes, is amended to read:
16 229.59 Educational improvement projects.--
17 (1) Pursuant to rules adopted by the Commissioner
18 State Board of Education, each district school board, or each
19 principal through the district school board, may submit to the
20 commissioner for approval a proposal for implementing an
21 educational improvement project. Such proposals shall be
22 developed with the assistance of district and school advisory
23 councils and may address any or all of the following areas:
24 (a) The improvement of school management;
25 (b) The improvement of the district and school
26 advisory councils;
27 (c) School volunteers;
28 (d) The professional development of teachers;
29 (e) The restructuring of educational programs to meet
30 the needs of diverse students; and
31 (f) Global awareness.
201
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1
2 Such projects may also address any other educational area
3 which would be improved through the encouragement of closer
4 working relationships among the school principal, the
5 teachers, and the parents and other members of the community.
6 Priority shall be given to proposals which provide for the
7 inclusion of existing resources, such as district educational
8 training funds, in the implementation of an educational
9 improvement project.
10 Section 93. Subsection (1) of section 229.591, Florida
11 Statutes, 1996 Supplement, is amended to read:
12 229.591 Comprehensive revision of Florida's system of
13 school improvement and education accountability.--
14 (1) INTENT.--The Legislature recognizes that the
15 children and youth of the state are its future and its most
16 precious resource. To provide these developing citizens with
17 the sound education needed to grow to a satisfying and
18 productive adulthood, the Legislature intends that, by the
19 year 2000, Florida establish a system of school improvement
20 and education accountability based on the performance of
21 students and educational programs. The intent of the
22 Legislature is to provide clear guidelines, or a "Blueprint
23 2000," for achieving this purpose and for returning the
24 responsibility for education to those closest to the students,
25 that is the schools, teachers, and parents. The Legislature
26 recognizes, however, its ultimate responsibility and that of
27 the Governor, the Commissioner of Education, and the State
28 Board of Education and other state policymaking bodies in
29 providing the strong leadership needed to forge a new concept
30 of school improvement and in making adequate provisions for a
31 uniform system of free public schools as required by s. 1,
202
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Art. IX of the State Constitution. It is further the intent of
2 the Legislature to build upon the foundation established by
3 the Educational Accountability Act of 1976 and to implement a
4 program of education accountability and school improvement
5 based upon the achievement of state goals, recognizing the
6 State Board of Education as the body corporate responsible for
7 the supervision of the system of public education, the
8 district school board as responsible for school and student
9 performance, and the individual school as the unit for
10 education accountability.
11 Section 94. Subsection (1), paragraphs (c) and (d) of
12 subsection (3), and subsections (5) and (6) of section
13 229.592, Florida Statutes, 1996 Supplement, are amended to
14 read:
15 229.592 Implementation of state system of school
16 improvement and education accountability.--
17 (1) DEVELOPMENT.--It is the intent of the Legislature
18 that every public school in the state shall have a school
19 improvement plan, as required by s. 230.23(18), fully
20 implemented and operational by the beginning of the 1993-1994
21 school year. Vocational standards considered pursuant to s.
22 239.229 shall be incorporated into the school improvement plan
23 for each area technical center operated by a school board by
24 the 1994-1995 school year, and area technical centers shall
25 prepare school report cards incorporating such standards,
26 pursuant to s. 230.23(18), for the 1995-1996 school year. In
27 order to accomplish this, the Florida Commission on Education
28 Reform and Accountability and the school districts and schools
29 shall carry out the duties assigned to them by ss. 229.594 and
30 230.23(18), respectively. In addition, the following initial
31 steps in program development shall be undertaken beginning
203
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 June 1, 1991, and shall continue during the 1991-1992 school
2 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
204
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
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
205
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
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 (c) The annual feedback report shall be developed by
19 the commission and the Department of Education. The format for
20 this feedback shall be developed by the commission and
21 recommended to the State Board of Education by January 1,
22 1992. The State Board of Education shall adopt a format for
23 the feedback report.
24 (d) The commissioner and the commission shall review
25 each school board's feedback report and submit its findings to
26 the State Board of Education. If adequate progress is not
27 being made toward implementing and maintaining a system of
28 school improvement and education accountability, the State
29 Board of Education shall direct the commissioner to prepare
30 and implement a corrective action plan. The commissioner
31
206
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 commission and State Board of Education shall monitor the
2 development and implementation of the corrective action plan.
3 (5) STATE BOARD.--The State Board of Education shall
4 adopt rules necessary to implement a state system of school
5 improvement and education accountability. By September 1,
6 1992, the state board shall adopt standards for indicating
7 progress toward the state education goals pursuant to s.
8 229.591(3). By September 1, 1993, the state board shall adopt
9 rules providing guidelines for annual school reports. Such
10 rules must shall be based on recommendations of the Commission
11 on Education Reform and Accountability and must shall include,
12 but need not be limited to, a requirement that each school
13 report identify the annual Education Enhancement Trust Fund
14 allocations to the district and the school and how those
15 allocations were used for educational enhancement and
16 supporting school improvement.
17 (6) EXCEPTIONS TO LAW.--To facilitate innovative
18 practices and to allow local selection of educational methods,
19 the commissioner may waive, upon the request of a school
20 board, requirements of chapters 230 through 239 of the Florida
21 School Code that relate to instruction and school operations,
22 except those pertaining to civil rights, and student health,
23 safety and welfare. The Commissioner of Education is not
24 authorized to grant waivers for any provisions of law
25 pertaining to the allocation and appropriation of state and
26 local funds for public education; the election, compensation,
27 and organization of school board members and superintendents;
28 graduation and state accountability standards; financial
29 reporting requirements; public meetings; public records; or
30 due process hearings governed by chapter 120. Prior to
31 approval, the Commissioner shall report pending waiver
207
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 requests to the state board on a monthly basis, and shall,
2 upon request of any state board member, bring a waiver request
3 to the state board for consideration. If, within two weeks of
4 receiving the report, no member requests that a waiver be
5 considered by the state board, the Commissioner may act on the
6 original waiver request. No later than January 1 of each year,
7 the Commissioner shall report to the President and Minority
8 Leader of the Senate and the Speaker and Minority Leader of
9 the House all approved waiver requests in the preceding year.
10 during the time period required for careful deliberation by
11 the Legislature and the Florida Commission on Education Reform
12 and Accountability, the following time-limited exceptions
13 shall be permitted:
14 (a) In the annual general appropriations acts, the
15 Legislature may authorize exceptions to any laws pertaining to
16 fiscal policies, including ss. 236.013 and 236.081, provided
17 the intent is to give school districts increased flexibility
18 and local control of education funds. If the General
19 Appropriations Act does not contain a specific line-item
20 appropriation or a specific listing within a line-item
21 appropriation which provides funding for the programs
22 established pursuant to the following statutes, the statute
23 shall be held in abeyance for that fiscal year, and any
24 approved plan for implementing said statute shall be null and
25 void for said fiscal year: ss. 228.0855; 230.2215; 230.2305;
26 230.2318; 231.087; 231.613; 232.257; 233.0615; 233.0678;
27 234.021; 236.0873; 236.083; 236.092; 236.122; 236.1225;
28 236.1228; and 239.401.
29 (b) The methods and requirements of the following
30 statutes shall be held in abeyance: ss. 228.088; and 229.57(4)
31 and (5).
208
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1
2 In determining which statutes and rules stand in the way of
3 school improvement, the Florida Commission on Education Reform
4 and Accountability shall consider the effect that holding the
5 statutes listed in paragraphs (a) and (b) in abeyance has had
6 on the school improvement process. It is the intent of the
7 Legislature that statutes listed in paragraphs (a) and (b) be
8 systematically repealed after being held in abeyance for 3
9 consecutive fiscal years.
10 (c) The Legislature authorizes that the methods and
11 requirements of the statutes listed in paragraph (a) for which
12 a specific line-item appropriation or a specific listing
13 within a line-item appropriation is contained and funded in
14 the General Appropriations Act and the following statutes may
15 be waived for any school board so requesting, provided the
16 general statutory purpose of each section is met and the
17 school board has submitted a written request to the
18 commissioner for approval pursuant to this subsection: ss.
19 228.041(13) and (16); 229.602(5); 230.23(3), (4)(f) and (o),
20 (6), (7)(a), (b), and (c), (11)(c), and (17); 231.095; 232.01;
21 232.04; 232.045; 232.245; 232.2462; 232.2463; 233.011; 233.34;
22 236.013(3) relating to the 36-hour limit; and 239.121.
23 Graduation requirements in s. 232.246 must may be met by
24 demonstrating performance of intended outcomes for any course
25 in the Course Code Directory unless if a waiver is from the
26 requirements of s. 232.2462 has been approved by the
27 commissioner based upon a need identified in a school
28 improvement plan. In developing procedures for awarding
29 credits based on performance outcomes, districts may request
30 waivers from State Board of Education rules relating to
31 curriculum frameworks and credits for courses and programs in
209
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the Course Code Directory. Credit awarded for a course or
2 program beyond that allowed by the Course Code Directory
3 counts shall count as credit for electives. Upon request by
4 any school district, the commissioner shall evaluate and
5 establish procedures for variations in academic credits
6 awarded toward graduation by a high school offering six
7 periods per day compared to those awarded by high schools
8 operating on other schedules.
9 1. A school board may originate a request for waiver
10 and submit the request to the commissioner if such a waiver is
11 required to implement districtwide improvements.
12 2. A school board may submit a request to the
13 commissioner for a waiver if such request is presented to the
14 school board by a school advisory council established pursuant
15 to s. 229.58 and if such a waiver is required to implement a
16 school improvement plan required by s. 230.23(18). The school
17 board shall report annually to the Florida Commission on
18 Education Reform and Accountability, in conjunction with the
19 feedback report required pursuant to subsection (3), the
20 number of waivers requested by school advisory councils, the
21 number of such waiver requests approved and submitted to the
22 commissioner, and the number of such waiver requests not
23 approved and not submitted to the commissioner. For each
24 waiver request not approved, the school board shall report the
25 statute or rule for which the waiver was requested, the
26 rationale for the school advisory council request, and the
27 reason the request was not approved.
28 3. When approved by the commissioner, a waiver
29 requested under pursuant to this paragraph is effective shall
30 be for a 5-year period.
31
210
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (b)(d) Notwithstanding the provisions of chapter 120
2 and for the purpose of implementing this subsection, the
3 commissioner may waive State Board of Education rules if
4 adopted to implement statutes listed in paragraphs (a), (b),
5 and (c), provided that the intent of each rule is met and the
6 school board has submitted a written request to the
7 commissioner for approval pursuant to this subsection.
8 (c)(e) The written request for waiver of statute or
9 rule must shall indicate at least how the general statutory
10 purpose will be met, how granting the waiver will assist
11 schools in improving student outcomes related to the student
12 performance standards adopted pursuant to subsection (5), and
13 how student improvement will be evaluated and reported. In
14 considering any waiver, the commissioner shall ensure
15 protection of the health, safety, welfare, and civil rights of
16 the students and protection of the public interest.
17 (d)(f) Any request for a waiver which is not denied,
18 or for which a request for additional information is not
19 issued, within 21 days after receipt of the written request
20 shall be deemed approved. Any waiver for which a timely
21 request for additional information has been issued shall be
22 deemed to be approved if a denial is not issued within 21 days
23 after the commissioner's receipt of the specifically requested
24 additional information. Upon denying On denial of a request
25 for a waiver, the commissioner must shall state with
26 particularity the grounds or basis for the denial. The
27 commissioner shall report the specific statutes and rules for
28 which waivers are requested and the number and disposition of
29 such requests to the Florida Commission on Education Reform
30 and Accountability for use in determining which statutes and
31 rules stand in the way of school improvement.
211
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 95. Subsections (3), (4), (5), and (6) of
2 section 229.593, Florida Statutes, are amended to read:
3 229.593 Florida Commission on Education Reform and
4 Accountability.--
5 (3) The commission shall be appointed no later than 30
6 days after the effective date of this act. Recognized
7 statewide organizations representing each interest enumerated
8 in this section shall submit no fewer than two nor more than
9 three nominees to the appropriate public official for
10 consideration. The public officials shall appoint members
11 representative of the ethnic, racial, gender, and economic
12 population of the state. In the absence of nominees, the
13 designated appointing authority shall appoint persons who
14 otherwise meet the qualifications for appointment to the
15 commission. The term of each appointed private citizen member
16 shall be for 4 years; however, initially, the Governor, the
17 President of the Senate, the Speaker of the House of
18 Representatives, and the Commissioner of Education shall each
19 appoint at least one member for a 4-year term, one member for
20 a 3-year term, and two members for 2-year terms. A vacancy
21 shall be filled for the remainder of the unexpired term by the
22 person who had appointment jurisdiction of the vacated member.
23 Members shall serve until their successors are duly appointed.
24 There shall be no limitation on successive appointments to the
25 commission. Provisions of s. 11.611(8)(b) to the contrary
26 notwithstanding, private citizen members shall be appointed as
27 provided in this section and are shall not be subject to
28 confirmation by the Senate. Members of the commission may be
29 removed for cause by the appointing authority. Any member
30 who, without cause, fails to attend three consecutive meetings
31 may be removed by the appointing authority.
212
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (4) As soon as practicable after all members are
2 appointed, the Commissioner of Education shall call an
3 organizational meeting of the commission. Subsequent meetings
4 shall be held as often as the commission deems necessary to
5 carry out its duties and responsibilities.
6 (4)(5) The commission shall adopt internal
7 organizational procedures or bylaws necessary for its
8 efficient operation. The commission shall elect a vice chair
9 annually, who shall chair the commission in the absence of the
10 chair. The commission may appoint committees from its
11 membership or may create such ad hoc advisory committees as it
12 deems necessary. The commission shall clearly assign duties
13 to each committee duties that are which shall be consistent
14 with the statutory duties of the commission. At least one
15 such committee must shall be created to address the
16 development of performance standards consistent with the state
17 education goals. Any committee is to shall serve the
18 commission in a strictly advisory capacity and must shall have
19 a commission member as chair.
20 (5)(6) Members of the commission shall serve without
21 compensation but are shall be entitled to reimbursement for
22 per diem and travel expenses incurred in the performance of
23 their duties as provided in s. 112.061. Legislators are shall
24 be entitled to receive travel and per diem expenses as
25 provided by the Joint Legislative Management Committee for
26 meetings of legislative committees. When appropriate,
27 commission members who are parents are to shall receive a
28 stipend for child care costs incurred while attending
29 commission meetings.
30 Section 96. Subsection (1) of section 229.594, Florida
31 Statutes, is amended to read:
213
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 229.594 Powers and duties of the commission.--
2 (1) The commission shall review and recommend
3 procedures for a new system of school improvement and
4 education accountability and recommend the repeal or
5 modification of statutes, fiscal policies, and rules that
6 stand in the way of school improvement. Specifically, the
7 commission shall:
8 (a) Serve as an advisory body to oversee the
9 development, establishment, implementation, and maintenance of
10 a program of school improvement and education accountability
11 based upon the achievement of state education goals. This
12 responsibility shall include the following:
13 1. Holding public hearings, as determined to be
14 necessary, in various parts of the state. The purpose of
15 these hearings is shall be to receive public comment on the
16 status of education and suggestions regarding the
17 establishment and implementation of a system of school
18 improvement and education accountability. When feasible,
19 alternative methods such as teleconferencing shall be employed
20 to increase public involvement.
21 2. Observing the development and implementation of
22 school improvement plans pursuant to s. 230.23(18).
23 Particular attention shall be paid to ensuring the involvement
24 of teachers, parents, and community in the development and
25 implementation of individually prepared school improvement
26 plans.
27 3. Involving the business community in the provision
28 of needed training for school advisory councils, teachers,
29 principals, district administrators, and school board members.
30
31
214
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 4. Annually recommending changes in statutes, rules,
2 and policies needed to implement and maintain a system of
3 school improvement and education accountability in the state.
4 (b) Review and, with assistance from the Department of
5 Education, analyze results of school needs assessments
6 submitted by district school boards and, by January 1, 1992,
7 submit a report of its findings to the Legislature. The
8 report shall include recommendations for changes in the school
9 improvement and accountability required by s. 230.23(18) which
10 are considered necessary as a result of the school needs
11 assessments. The report shall also include a recommendation
12 regarding the minimum number of credits, subjects, and courses
13 that should be required by the state for regular and
14 alternative high school diplomas; the number of hours of
15 instruction required to receive a credit; the length of a high
16 school day; and the number of periods per day for high
17 schools.
18 (c) Recommend to the Legislature, the and State Board
19 of Education, and the Commissioner of Education, as
20 appropriate, the components of a system of school improvement
21 and accountability. Initial recommendations must be reviewed
22 and revised as necessary annually and must include:
23 1. Performance standards for indicating state, school
24 district, and school progress toward the state education goals
25 and a definition of what shall be considered "adequate
26 progress" toward meeting these performance standards.
27 Effective June 1, 1993, such standards must incorporate the
28 provisions of s. 239.229.
29 2. Methods for measuring state, school district, and
30 school progress toward the goals. These assessment methods
31 must include the most effective and efficient procedures
215
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 available from the current system of assessment and
2 alternative and new assessment practices.
3 3. Methods for public reporting on the progress toward
4 the goals by the state, school districts, and individual
5 schools. Emphasis shall be placed on reporting individual
6 school improvement and progress, and comparisons between
7 schools shall be minimized. Methods for reporting the status
8 of children and families and community services available in
9 each school district to help children and families in need
10 shall also be developed.
11 4. Effective use of existing methods for recognizing
12 schools and development of necessary additional methods to
13 recognize schools that meet or make adequate progress toward
14 the education goals. The commission shall also consider the
15 development of incentives including financial incentives for
16 schools that make exceptional progress toward the education
17 goals.
18 5. Guidelines that may be adopted as rule and used by
19 the State Board of Education, or the Commissioner of
20 Education, and the school board in determining the action for
21 any school that does not improve after 3 years of assistance
22 and intervention, including commission responsibility in
23 recommending action for said schools. The guidelines must
24 shall be stringent and must shall ensure that the school is
25 not permitted to continue serving students in a less than
26 adequate manner.
27
28 If in the opinion of the commission an adequate system of
29 accountability is in place to protect the public interest, the
30 commission may recommend to the Legislature the repeal or
31 revision of laws, including fiscal policies, and to the State
216
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Board of Education and the Commissioner of Education the
2 repeal or revision of rules, which in the opinion of the
3 commission stand in the way of school improvement. The
4 commission may defer any or all recommendations for repeal or
5 revision of laws and rules until such time as it determines an
6 adequate system of accountability is to be established and
7 implemented.
8 Section 97. Subsection (8) of section 229.602, Florida
9 Statutes, is amended to read:
10 229.602 Florida private sector and education
11 partnerships.--
12 (8) Partnership vocational career education programs
13 shall be those job-preparatory vocational career education
14 programs offered through signed partnership agreements between
15 area technical centers and business, industry, or
16 apprenticeship committees. Partnership vocational career
17 education programs are limited to:
18 (a) Apprenticeship programs approved pursuant to
19 chapter 446.
20 (b) Cooperative education programs where instruction
21 is provided, including required academic courses and related
22 vocational instruction, by alternation of study in school with
23 a job in any occupational field, provided that the two
24 experiences must be planned and supervised by the school and
25 employers so that each contributes to the student's education
26 and employability.
27 (c) Courses provided through the area technical center
28 in which the sole instructor is a full-time salaried employee
29 of a business or industry whose teaching services are provided
30 free to the school district, thus allowing the school district
31 to provide the course at a lower cost per pupil.
217
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Section 98. Section 229.75, Florida Statutes, is
2 amended to read:
3 229.75 Department under direction of state board.--The
4 Department of Education shall act as an administrative and
5 supervisory agency under the policy direction of the State
6 Board of Education. The state board and its staff shall
7 comprise the department.
8 Section 99. Section 229.76, Florida Statutes, is
9 amended to read:
10 229.76 Functions of department.--The department is to
11 shall be located in the offices of the Commissioner of
12 Education, shall operate under the direction and control of
13 the state board and shall assist it in providing professional
14 leadership and guidance, and in carrying out the policies,
15 procedures, and duties authorized by law or by the board or
16 found necessary by it to attain the purposes and objectives of
17 the school code.
18 Section 100. Section 229.771, Florida Statutes, is
19 amended to read:
20 229.771 Removal from office.--The State Board of
21 Education department shall remove from office for cause any
22 person appointed by the state board under the provisions of
23 the school code or any subordinate school officer. Cause for
24 such removal shall be Incompetency, immorality, misconduct in
25 office, gross insubordination, or willful neglect of duty
26 constitutes cause for such removal. Notice and hearing must
27 shall be provided pursuant to chapter 120.
28 Section 101. Paragraphs (b) and (c) of subsection (3),
29 paragraph (a) of subsection (4), and subsection (5) of section
30 229.805, Florida Statutes, are amended to read:
31 229.805 Educational television.--
218
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (3) POWERS OF DEPARTMENT OF EDUCATION.--
2 (b) The department shall provide through educational
3 television and other electronic media a means of extending
4 educational services to all the state system of public
5 education, except the State University System as defined in s.
6 240.2011, which provision by the department shall be limited
7 by paragraph (c) and by s. 229.8051(1). The department shall
8 recommend to the Commissioner of Education state board rules
9 and regulations necessary to provide such services.
10 (c) The department is authorized to provide equipment,
11 funds, and other services to extend and update both the
12 existing and the proposed educational television and radio
13 systems of tax-supported and nonprofit, corporate-owned
14 facilities. All stations funded must be qualified by the
15 Corporation for Public Broadcasting. New stations eligible
16 for funding shall provide a first service to an audience that
17 is not currently receiving a broadcast signal or provide a
18 significant new program service as defined by Commissioner
19 State Board of Education rules. Funds appropriated to the
20 department for educational television and funds appropriated
21 to the department for educational radio may be used by the
22 department for either educational television or educational
23 radio, or for both.
24 (4) PROHIBITED USE, PENALTY.--
25 (a) None of the facilities, plant, or personnel of any
26 educational television system that which is supported in whole
27 or in part by state funds shall be used directly or indirectly
28 for the promotion, advertisement, or advancement of any
29 political candidate for any municipal, county, legislative,
30 congressional, or state office. However, fair, open, and free
31 discussion between political candidates for municipal, county,
219
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 legislative, congressional, or state office may be permitted
2 in order to help materially reduce the excessive cost of
3 campaigns and to ensure that the citizens of this state shall
4 be fully informed about such issues and candidates in such
5 campaigns. The above provisions shall apply to the advocacy
6 for, or opposition to, any specific program, existing or
7 proposed, of governmental action which shall include, but
8 shall not be limited to, constitutional amendments, tax
9 referenda, and bond issues. The provisions of this paragraph
10 shall be in accordance with reasonable rules and regulations
11 prescribed by the Commissioner State Board of Education or the
12 Board of Regents, whichever has authority in the premises.
13 (5) DUTY OF DEPARTMENT OF EDUCATION.--The Department
14 of Education is shall be responsible for identifying the needs
15 of the state system of public education as they relate to the
16 development and production of materials used in instruction.
17 When such identified needs are considered deemed to be best
18 satisfied by the production of new materials, the department
19 may shall be empowered to commission or contract for the
20 production of such materials. The Commissioner State Board of
21 Education shall adopt and prescribe rules and regulations for
22 the proper enforcement and carrying out of these provisions.
23 Section 102. Subsections (1) and (3) of section
24 229.8051, Florida Statutes, are amended to read:
25 229.8051 Public broadcasting program system.--
26 (1) There is created a public broadcasting program
27 system for the state. The Department of Education shall
28 administer this program system shall be administered by the
29 Department of Education pursuant to policies adopted by the
30 Commissioner State Board of Education. This program system
31 must and shall complement and share resources with the
220
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 instructional programming service of the Department of
2 Education and educational UHF, VHF, ITFS, and FM stations in
3 the state. The This program system must shall include:
4 (a) Support for existing Corporation for Public
5 Broadcasting qualified program system educational radio and
6 television stations and new stations meeting Corporation for
7 Public Broadcasting qualifications and providing a first
8 service to an audience that does not currently receive a
9 broadcast signal or providing a significant new program
10 service as defined by rule by the Commissioner State Board of
11 Education rules.
12 (b) Maintenance of quality broadcast capability for
13 educational stations that which are part of the program
14 system.
15 (c) Interconnection of all educational stations that
16 which are part of the program system for simultaneous
17 broadcast and of such stations with all universities and other
18 institutions as necessary for sharing of resources and
19 delivery of programming.
20 (d) Establishment and maintenance of a capability for
21 statewide program distribution with facilities and staff,
22 provided such facilities and staff complement and strengthen
23 existing or future educational television and radio stations
24 in accordance with paragraph (a) and s. 229.805(3)(c).
25 (e) Provision of both statewide programming funds and
26 station programming support for educational television and
27 educational radio to meet statewide priorities. Priorities for
28 station programming need not be the same as priorities for
29 programming to be used statewide. Station programming may
30 include, but shall not be limited to, citizens' participation
31 programs, music and fine arts programs, coverage of public
221
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 hearings and governmental meetings, equal air time for
2 political candidates, and other public interest programming.
3 (3) The Commissioner State Board of Education shall
4 adopt rules for the proper enforcement and carrying out of
5 these provisions.
6 Section 103. Subsection (1) of section 230.03, Florida
7 Statutes, is amended to read:
8 230.03 Management, control, operation, administration,
9 and supervision.--The district school system must shall be
10 managed, controlled, operated, administered, and supervised as
11 follows:
12 (1) DISTRICT SYSTEM.--The district school system shall
13 be considered as a part of the state system of public
14 education. All actions of district school officials shall be
15 consistent and in harmony with state laws and with rules and
16 minimum standards of the state board and the commissioner.
17 District school officials, however, shall have the authority
18 to provide additional educational opportunities, as desired,
19 which are authorized, but not required, by law or by the
20 district school board.
21 Section 104. Subsections (2) and (5) of section
22 230.22, Florida Statutes, are amended to read:
23 230.22 General powers of school board.--The school
24 board, after considering recommendations submitted by the
25 superintendent, shall exercise the following general powers:
26 (2) ADOPT RULES AND REGULATIONS.--The school board
27 shall adopt such rules and regulations to supplement those
28 prescribed by the state board and the commissioner as in its
29 opinion will contribute to the more orderly and efficient
30 operation of the district school system.
31
222
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (5) PERFORM DUTIES AND EXERCISE RESPONSIBILITY.--The
2 school board may perform those duties and exercise those
3 responsibilities which are assigned to it by law or by
4 regulations of the state board or the commissioner and, in
5 addition thereto, those which it may find to be necessary for
6 the improvement of the district school system in carrying out
7 the purposes and objectives of the school code. The
8 Legislature recognizes the necessity for well informed school
9 board members and the benefits to education that may be
10 obtained through board member participation in professional
11 development and training seminars and related activities at
12 the district, state, and national levels.
13 Section 105. Paragraph (m) of subsection (4),
14 paragraphs (b) and (d) of subsection (9), paragraphs (a) and
15 (b) of subsection (11), and subsections (12), (14), and (16)
16 of section 230.23, Florida Statutes, 1996 Supplement, are
17 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 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
22 SCHOOLS.--Adopt and provide for the execution of plans for the
23 establishment, organization, and operation of the schools of
24 the district, as follows:
25 (m) Exceptional students.--Provide for an appropriate
26 program of special instruction, facilities, and services for
27 exceptional students as prescribed by the state board as
28 acceptable, including provisions that:
29 1. The school board provide the necessary professional
30 services for diagnosis and evaluation of exceptional students.
31
223
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 2. The school board provide the special instruction,
2 classes, and services, either within the district school
3 system, in cooperation with other district school systems, or
4 through contractual arrangements with approved nonpublic
5 schools or community facilities which meet standards
6 established by the commissioner state board.
7 3. The school board annually provide information
8 describing the Florida School for the Deaf and the Blind and
9 all other programs and methods of instruction available to the
10 parent or guardian of a sensory-impaired student.
11 4. The school board, once every 3 years, submit to the
12 department its proposed procedures for the provision of
13 special instruction and services for exceptional students.
14 5. No student be given special instruction or services
15 as an exceptional student until after he or she has been
16 properly evaluated, classified, and placed in the manner
17 prescribed by rules of the commissioner state board. The
18 parent or guardian of an exceptional student evaluated and
19 placed or denied placement in a program of special education
20 shall be notified of each such evaluation and placement or
21 denial. Such notice shall contain a statement informing the
22 parent or guardian that he or she is entitled to a due process
23 hearing on the identification, evaluation, and placement, or
24 lack thereof. Such hearings shall be exempt from the
25 provisions of ss. 120.569, 120.57, and 286.011, and any
26 records created as a result of such hearings shall be
27 confidential and exempt from the provisions of s. 119.07(1),
28 to the extent that the commissioner state board adopts rules
29 establishing other procedures. The hearing must shall be
30 conducted by an administrative law judge from the Division of
31 Administrative Hearings of the Department of Management
224
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Services. The decision of the administrative law judge shall
2 be final, except that any party aggrieved by the finding and
3 decision rendered by the administrative law judge shall have
4 the right to bring a civil action in the circuit court. In
5 such an action, the court shall receive the records of the
6 administrative hearing and shall hear additional evidence at
7 the request of either party. In the alternative, any party
8 aggrieved by the finding and decision rendered by the
9 administrative law judge shall have the right to request an
10 impartial review of the administrative law judge's order by
11 the district court of appeal as provided by s. 120.68.
12 Notwithstanding any law to the contrary, during the pendency
13 of any proceeding conducted pursuant to this section, unless
14 the district school board and the parents or guardian
15 otherwise agree, the child shall remain in his or her
16 then-current educational assignment or, if applying for
17 initial admission to a public school, shall be assigned, with
18 the consent of the parents or guardian, in the public school
19 program until all such proceedings have been completed.
20 6. In providing for the education of exceptional
21 students, the superintendent, principals, and teachers shall
22 utilize the regular school facilities and adapt them to the
23 needs of exceptional students to the maximum extent
24 appropriate. Segregation of exceptional students shall occur
25 only if the nature or severity of the exceptionality is such
26 that education in regular classes with the use of
27 supplementary aids and services cannot be achieved
28 satisfactorily.
29 7. The principal of the school in which the student is
30 taught shall keep a written record of the case history of each
31 exceptional student showing the reason for the student's
225
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 withdrawal from the regular class in the public school and his
2 or her enrollment in or withdrawal from a special class for
3 exceptional students. This record shall be available for
4 inspection by school officials at any time.
5 8. The district school board shall establish the
6 amount to be paid by the district school board for each
7 individual exceptional student contract with a nonpublic
8 school.
9 (9) SCHOOL PLANT.--Approve plans for locating,
10 planning, constructing, sanitating, insuring, maintaining,
11 protecting, and condemning school property as prescribed in
12 chapter 235 and as follows:
13 (b) Sites, buildings, and equipment.--
14 1. Select and purchase school sites, playgrounds, and
15 recreational areas located at centers at which schools are to
16 be constructed, of adequate size to meet the needs of pupils
17 to be accommodated;
18 2. Approve the proposed purchase of any site,
19 playground, or recreational area for which district funds are
20 to be used;
21 3. Expand existing sites;
22 4. Rent buildings when necessary;
23 5. Enter into leases or lease-purchase arrangements,
24 in accordance with the requirements and conditions provided in
25 s. 235.056(2), with private individuals or corporations for
26 the rental of necessary grounds and educational facilities for
27 school purposes or of educational facilities to be erected for
28 school purposes. Current or other funds authorized by law may
29 be used to make payments under a lease-purchase agreement.
30 Notwithstanding any other statutes, if the rental is to be
31 paid from funds received from ad valorem taxation and the
226
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 agreement is for a period greater than 12 months, an approving
2 referendum must be held. The provisions of such contracts,
3 including building plans, shall be subject to approval by the
4 Department of Education, and no such contract shall be entered
5 into without such approval. As used in this section,
6 "educational facilities" means the buildings and equipment
7 which are built, installed, or established to serve
8 educational purposes and which may lawfully be used. The
9 Commissioner State Board of Education may adopt is authorized
10 to promulgate such rules as are it deems necessary to
11 implement the provisions hereof;
12 6. Provide for the proper supervision of construction;
13 7. Make or contract for additions, alterations, and
14 repairs on buildings and other school properties;
15 8. Ensure that all plans and specifications for
16 buildings provide adequately for the safety and well-being of
17 pupils, as well as for economy of construction by having such
18 plans and specifications submitted to the Department of
19 Education for approval; and
20 9. Provide furniture, books, apparatus, and other
21 equipment necessary for the proper conduct of the work of the
22 schools.
23 (d) Insurance of school property.--Carry insurance on
24 every school building in all school plants including contents,
25 boilers, and machinery, except buildings of three classrooms
26 or less which are of frame construction and located in a tenth
27 class public protection zone as defined by the Florida
28 Inspection and Rating Bureau, and on all school buses and
29 other property under the control of the school board or title
30 to which is vested in the school board, except as exceptions
31
227
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 may be authorized under regulations of the commissioner state
2 board.
3 (11) RECORDS AND REPORTS.--Provide for the keeping of
4 all necessary records and the making of all needed or required
5 reports, as follows:
6 (a) Forms, blanks, and reports.--Require all employees
7 to keep accurately all records and to make promptly in the
8 proper form all reports required by law or by regulations of
9 the state board or of the commissioner.
10 (b) Reports to the department.--Require that the
11 superintendent prepare all reports to the Department of
12 Education that may be required by law or regulations of the
13 state board or of the commissioner; see that all such reports
14 are promptly transmitted to the department; withhold the
15 further payment of salary to the superintendent or employee
16 when notified by the department that he or she has failed to
17 file any report within the time or in the manner prescribed;
18 and continue to withhold the salary until the school board is
19 notified by the department that such report has been received
20 and accepted; provided, that when any report has not been
21 received by the date due and after due notice has been given
22 to the school board of that fact, the department, if it deems
23 necessary, may require the report to be prepared by a member
24 of its staff, and the school board shall pay all expenses
25 connected therewith. Any member of the school board who is
26 responsible for the violation of this provision is subject to
27 suspension and removal.
28 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
29 BOARDS.--May establish and participate in educational
30 consortia that which are designed to provide joint programs
31 and services to cooperating school districts, consistent with
228
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 the provisions of s. 4(b), Art. IX of the State Constitution.
2 The Commissioner State Board of Education shall adopt rules
3 providing for the establishment, funding, administration, and
4 operation of such consortia.
5 (14) ENFORCEMENT OF LAW AND RULES AND
6 REGULATIONS.--Require that all laws and rules and regulations
7 of the state board, of the commissioner, or of the school
8 board are properly enforced.
9 (16) SCHOOL LUNCH PROGRAM.--Assume such
10 responsibilities and exercise such powers and perform such
11 duties as may be assigned to it by law or as may be required
12 by regulations of the commissioner state board or as in the
13 opinion of the school board are necessary to assure school
14 lunch services, consistent with needs of pupils; effective and
15 efficient operation of the program; and the proper
16 articulation of the school lunch program with other phases of
17 education in the district.
18 Section 106. Subsection (8) of section 230.2305,
19 Florida Statutes, 1996 Supplement, is amended to read:
20 230.2305 Prekindergarten early intervention program.--
21 (8) MONITORING AND TECHNICAL ASSISTANCE.--Pursuant to
22 s. 229.565(5), the Commissioner of Education shall monitor
23 each district prekindergarten early intervention program at
24 least annually to determine compliance with the district plan
25 and the provisions of this section. If a program is not
26 brought into compliance within 3 months after the
27 commissioner's evaluation citing specific deficiencies, the
28 commissioner must withhold such funds as have been allocated
29 to the school board for its prekindergarten early intervention
30 program and which have not yet been released. The department
31 shall develop manuals and guidelines for the development of
229
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 district plans and shall provide ongoing technical assistance
2 to ensure that each district program maintains high standards
3 of quality and effectiveness.
4 Section 107. Paragraph (e) of subsection (3) and
5 paragraph (b) of subsection (7) of section 230.2316, Florida
6 Statutes, 1996 Supplement, are amended to read:
7 230.2316 Dropout prevention.--
8 (3) DEFINITIONS.--As used in this section, the term:
9 (e) "Second chance schools" means school district
10 programs provided through cooperative agreements between the
11 Department of Juvenile Justice, private providers, state or
12 local law enforcement agencies, or other state agencies for
13 students deemed habitual truants as defined in s. 228.041(28),
14 or for students who have been disruptive or violent or who
15 have committed serious offenses. As partnership programs,
16 second chance schools are eligible for waivers from the
17 Commissioner of Education to chapters 230-235 and 239 and
18 State Board of Education rules of the commissioner that
19 prevent the provision of appropriate educational services to
20 violent, severely disruptive, and delinquent students in small
21 nontraditional settings and in court-adjudicated settings.
22 (7) STAFF DEVELOPMENT.--
23 (b) The district school boards and the department may
24 establish a summer inservice training program for teachers and
25 administrators which may be provided by district school boards
26 or individual schools and which shall include, but not be
27 limited to, instruction focusing on treating students with
28 respect and enhancing student self-esteem, developing positive
29 in-school intervention methods for misbehaving students,
30 establishing strategies to involve students in classroom and
31 school management and in reducing student misconduct,
230
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 conducting student and parent conferences, and creating
2 "student-friendly" environments at schools. Instructional
3 personnel may use successful participation in a summer
4 inservice training program established pursuant to this
5 paragraph for certification extension or for adding a new
6 certification area if the district has an approved add-on
7 certification program, pursuant to State Board of Education
8 rules of the commissioner.
9 Section 108. Subsection (6) of section 230.23166,
10 Florida Statutes, is amended to read:
11 230.23166 Teenage parent programs.--
12 (6) The Commissioner State Board of Education shall
13 adopt rules necessary to implement the provisions of this
14 section.
15 Section 109. Paragraphs (b) and (d) of subsection (2)
16 of section 230.2318, Florida Statutes, 1996 Supplement, are
17 amended to read:
18 230.2318 School resource officer program.--
19 (2) LOCAL SCHOOL RESOURCE OFFICER PROGRAM PLANS;
20 APPROVAL BY COMMISSIONER; CRITERIA AND RESTRICTIONS.--
21 (b) The commissioner shall review all proposed local
22 school resource officer program plans and shall approve those
23 plans which meet the purposes, intent, and requirements of
24 this section and the rules adopted by the commissioner State
25 Board of Education pursuant to this section.
26 (d) The commissioner may adopt State Board of
27 Education shall have the authority to promulgate rules to
28 implement the statewide school resource officer program as
29 established in this section.
30 Section 110. Subsections (4), (5), and (6) of section
31 230.32, Florida Statutes, are amended to read:
231
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 230.32 General powers of superintendents.--The
2 superintendent shall have the authority, and when necessary
3 for the more efficient and adequate operation of the district
4 school system, the superintendent shall exercise the following
5 powers:
6 (4) RECOMMEND AND EXECUTE RULES AND
7 REGULATIONS.--Prepare and organize by subjects and submit to
8 the school board for adoption such rules and regulations to
9 supplement those adopted by the state board or the
10 commissioner as, in the superintendent's opinion, will
11 contribute to the efficient operation of any aspect of
12 education in the district. When rules and regulations have
13 been adopted, the superintendent shall see that they are
14 executed.
15 (5) RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From
16 time to time to prepare, organize by subjects, and submit to
17 the school board for adoption such minimum standards relating
18 to the operation of any phase of the district school system as
19 are needed to supplement those adopted by the state board or
20 the commissioner and as will contribute to the efficient
21 operation of any aspect of education in the district; to see
22 that minimum standards adopted by the school board and the
23 commissioner are observed.
24 (6) PERFORM DUTIES AND EXERCISE
25 RESPONSIBILITIES.--Perform such duties and exercise such
26 responsibilities as are assigned to the superintendent by law
27 and by regulations of the state board and of the commissioner.
28 Section 111. Subsection (1) of section 230.321,
29 Florida Statutes, is amended to read:
30 230.321 Superintendents employed under Art. IX, State
31 Constitution.--
232
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (1) In every district authorized to employ a
2 superintendent of schools under Art. IX of the State
3 Constitution, the superintendent shall be the executive
4 officer of the school board and shall not be subject to the
5 provisions of law, either general or special, relating to
6 tenure of employment or contracts of other school personnel.
7 The superintendent's duties relating to the district school
8 system shall be as provided by law and rules of the State
9 Board of Education and of the Commissioner of Education.
10 Section 112. Paragraph (j) of subsection (6),
11 paragraph (b) of subsection (13), and subsections (15) and
12 (24) of section 230.33, Florida Statutes, 1996 Supplement, are
13 amended to read:
14 230.33 Duties and responsibilities of
15 superintendent.--The superintendent shall exercise all powers
16 and perform all duties listed below and elsewhere in the law;
17 provided, that in so doing he or she shall advise and counsel
18 with the school board. The recommendations, nominations,
19 proposals, and reports required by law and rule to be made to
20 the school board by the superintendent shall be either
21 recorded in the minutes or shall be made in writing, noted in
22 the minutes, and filed in the public records of the board. It
23 shall be presumed that, in the absence of the record required
24 in this paragraph, the recommendations, nominations, and
25 proposals required of the superintendent were not contrary to
26 the action taken by the school board in such matters.
27 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
28 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,
29 organization, and operation of such schools, classes, and
30 services as are needed to provide adequate educational
31 opportunities for all children in the district, including:
233
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (j) School lunches.--Recommend plans for the
2 establishment, maintenance, and operation of a school lunch
3 program consistent with state laws and regulations of the
4 commissioner state board, and to administer and supervise such
5 services.
6 (13) RECORDS AND REPORTS.--Recommend such records as
7 should be kept in addition to those prescribed by rules of the
8 state board or by the department; prepare forms for keeping
9 such records as are approved by the school board; see that
10 such records are properly kept; and make all reports that are
11 needed or required, as follows:
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 or of the commissioner to
15 be made to the department and transmit promptly all such
16 reports, when approved, to the department, as required by law.
17 If any such reports are not transmitted at the time and in the
18 manner prescribed by law or by state board rules, the salary
19 of the superintendent must shall be withheld until the such
20 report has been properly submitted. Unless otherwise provided
21 by regulations of the state board, the annual report on
22 attendance and personnel is shall be due on or before July 1,
23 and the annual school budget and the report on finance are
24 shall be due on the date prescribed by the commissioner state
25 board.
26 (15) ENFORCEMENT OF LAWS AND RULES.--Require that all
27 laws and rules of the state board, as well as supplementary
28 rules of the school board, are properly observed and report to
29 the school board any violation that which the superintendent
30 does not succeed in having corrected.
31
234
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (24) OTHER DUTIES AND RESPONSIBILITIES.--Perform such
2 other duties as are may be assigned to the superintendent by
3 law or by rules of the state board or of the commissioner.
4 Section 113. Subsection (2) of section 230.64, Florida
5 Statutes, is amended to read:
6 230.64 Area technical center part of district school
7 system; minimum standards.--
8 (2) COMMISSIONER STATE BOARD SHALL PRESCRIBE MINIMUM
9 STANDARDS.--The commissioner state board shall prescribe
10 minimum standards that which must be met before an area
11 technical center is organized, acquired or operated, and that
12 which will assure that the purposes of the center are
13 attained.
14 Section 114. Subsection (9) of section 230.71, Florida
15 Statutes, is amended to read:
16 230.71 Intergenerational school volunteer programs.--
17 (9) RULES.--The Commissioner State Board of Education
18 shall adopt rules necessary to implement the provisions of
19 this section.
20 Section 115. Paragraph (e) of subsection (1) and
21 subsection (2) of section 232.01, Florida Statutes, are
22 amended to read:
23 232.01 Regular school attendance required between ages
24 of 6 and 16; permitted at age of 5; exceptions.--
25 (1)
26 (e) Beginning with the 1991-1992 school year and
27 consistent with rules adopted by the commissioner state board,
28 children with disabilities who have attained the age of 3
29 years shall be eligible for admission to public special
30 education programs and for related services under rules
31 adopted by the school board. Exceptional children who are deaf
235
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 or hard of hearing, visually impaired, dual sensory impaired,
2 severely physically handicapped, trainable mentally
3 handicapped, or profoundly handicapped, or who have
4 established conditions, or exhibit developmental delays, below
5 age 3 may be eligible for special programs; or, if enrolled in
6 other prekindergarten or day care programs, they may be
7 eligible for supplemental instruction. Rules for the
8 identification of established conditions for children birth
9 through 2 years of age and developmental delays for children
10 birth through 5 years of age must be adopted by the
11 Commissioner State Board of Education.
12 (2) The Commissioner State Board of Education may
13 adopt rules under which pupils not meeting the entrance age
14 may be transferred from another state if their parents or
15 guardians have been legal residents of that state.
16 Section 116. Section 232.23, Florida Statutes, 1996
17 Supplement, is amended to read:
18 232.23 Procedures for maintenance and transfer of
19 pupil records.--
20 (1) Each principal shall maintain a permanent
21 cumulative record for each pupil enrolled in a public school.
22 Such record shall be maintained in the form, and contain all
23 data, prescribed by rule by the Commissioner rules of the
24 State Board of Education. The cumulative record is
25 confidential and exempt from the provisions of s. 119.07(1)
26 and is shall be open to inspection only as provided in s.
27 228.093.
28 (2) The procedure for transferring and maintaining
29 records of pupils who transfer from school to school shall be
30 prescribed by regulations of the commissioner state board.
31
236
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (3) Procedures relating to the acceptance of transfer
2 work and credit for pupils shall be prescribed by rule by the
3 Commissioner rules of the State Board of Education.
4 Section 117. Subsection (1) of section 232.2468,
5 Florida Statutes, 1996 Supplement, is amended to read:
6 232.2468 Graduation, habitual truancy, and dropout
7 rates.--
8 (1) DEFINITION.--
9 (a) The term "graduation rate" means the percentage
10 calculated by dividing the number of entering 9th graders into
11 the number of students who receive, 4 years later, a high
12 school diploma, a special diploma, or a certificate of
13 completion, as provided for in s. 232.246, or who receive a
14 special certificate of completion, as provided in s. 232.247,
15 and students 19 years of age or younger who receive a general
16 equivalency diploma, as provided in s. 229.814. The number of
17 9th grade students used in the calculation of a graduation
18 rate for this state shall be students enrolling in the grade
19 for the first time.
20 (b) The term "habitual truancy rate" means the annual
21 percentage of students in membership within the age of
22 compulsory school attendance pursuant to s. 232.01 who are
23 classified as habitual truants as defined in s. 228.041(28).
24 (c) The term "dropout rate" means the annual
25 percentage calculated by dividing the number of students over
26 the age of compulsory school attendance, pursuant to s.
27 232.01, at the time of the fall membership count, into the
28 number of students who withdraw from school during a given
29 school year and who are classified as dropouts pursuant to s.
30 228.041(29).
31
237
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 The Commissioner State Board of Education may adopt rules to
2 implement this subsection.
3 Section 118. Section 232.247, Florida Statutes, is
4 amended to read:
5 232.247 Special high school graduation requirements
6 for certain exceptional students.--A student who has been
7 properly classified, in accordance with rules established by
8 the commissioner state board, as "educable mentally
9 handicapped," "trainable mentally handicapped," "hearing
10 impaired," "specific learning disabled," "physically or
11 language impaired," or "emotionally handicapped" shall not be
12 required to meet all requirements of s. 232.246 and shall,
13 upon meeting all applicable requirements prescribed by the
14 school board pursuant to s. 232.245, be awarded a special
15 diploma in a form prescribed by the commissioner state board;
16 provided, however, that such special graduation requirements
17 prescribed by the school board must shall include minimum
18 graduation requirements as prescribed by the commissioner
19 state board. Any such student who meets all special
20 requirements of the district school board for his or her
21 exceptionality, but is unable to meet the appropriate special
22 state minimum requirements, shall be awarded a special
23 certificate of completion in a form prescribed by the
24 commissioner state board. A student who has been properly
25 classified as "profoundly handicapped" and who meets the
26 special requirements of the district school board for a
27 special diploma in accordance with requirements for any
28 exceptional student identified in this section shall be
29 awarded a special diploma; however, such a student shall
30 alternatively alternately be eligible for a special
31 certificate of completion, in a form prescribed by the
238
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 commissioner state board, if all school requirements for
2 students who are "profoundly handicapped" have been met.
3 Nothing provided in this section, However, this section does
4 not shall be construed to limit or restrict the right of an
5 exceptional student solely to a special diploma or special
6 certificate of completion. Any such student shall, upon
7 proper request, be afforded the opportunity to fully meet all
8 requirements of s. 232.246 through the standard procedures
9 established therein and thereby to qualify for a standard
10 diploma upon graduation.
11 Section 119. Subsection (1) of section 232.25, Florida
12 Statutes, 1996 Supplement, is amended to read:
13 232.25 Pupils subject to control of school.--
14 (1) Subject to law and rules and regulations of the
15 commissioner state board and of the school board, each pupil
16 enrolled in a school shall:
17 (a) During the time she or he is being transported to
18 or from school at public expense;
19 (b) During the time she or he is attending school;
20 (c) During the time she or he is on the school
21 premises participating with authorization in a
22 school-sponsored activity; and
23 (d) During a reasonable time before and after a pupil
24 is on the premises for attendance at school or for authorized
25 participation in a school-sponsored activity, and only when on
26 the premises,
27
28 be under the control and direction of the principal or teacher
29 in charge of the school, and under the immediate control and
30 direction of the teacher or other member of the instructional
31 staff or of the bus driver to whom such responsibility may be
239
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 assigned by the principal. However, the commissioner state
2 board or the district school board may, by rules and
3 regulations, subject each pupil to the control and direction
4 of the principal or teacher in charge of the school during the
5 time she or he is otherwise en route to or from school or is
6 presumed by law to be attending school.
7 Section 120. Subsection (5) of section 232.303,
8 Florida Statutes, is amended to read:
9 232.303 Interagency student services.--
10 (5) The Commissioner State Board of Education and the
11 Department of Children and Family Health and Rehabilitative
12 Services may are authorized to adopt rules to carry out the
13 intent of this section.
14 Section 121. Paragraph (a) of subsection (3) of
15 section 232.435, Florida Statutes, is amended to read:
16 232.435 Extracurricular athletic activities; athletic
17 trainers.--
18 (3)(a) To the extent practicable, a school district
19 program should include the following employment classification
20 and advancement scheme:
21 1. Teacher apprentice trainer I.--To qualify as a
22 teacher apprentice trainer I, a person must possess a
23 professional, temporary, part-time, adjunct, or substitute
24 certificate pursuant to s. 231.17, be certified in first aid
25 and cardiopulmonary resuscitation, and have earned a minimum
26 of 6 semester hours or the equivalent number of inservice
27 education points in the basic prevention and care of athletic
28 injuries.
29 2. Teacher apprentice trainer II.--To qualify as a
30 teacher apprentice trainer II, a person must meet the
31 requirements of teacher apprentice trainer I and also have
240
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 earned a minimum of 15 additional semester hours or the
2 equivalent number of inservice education points in such
3 courses as anatomy, physiology, use of modalities, nutrition,
4 counseling, and other courses approved by the Commissioner
5 State Board of Education.
6 3. Teacher athletic trainer.--To qualify as a teacher
7 athletic trainer, a person must meet the requirements of
8 teacher apprentice trainer II, be certified by the Department
9 of Education or a nationally recognized athletic trainer
10 association, and perform one or more of the following
11 functions: preventing athletic injuries; recognizing,
12 evaluating, managing, treating, and rehabilitating athletic
13 injuries; administering an athletic training program; and
14 educating and counseling athletes.
15 Section 122. Paragraph (a) of subsection (2) and
16 subsections (5) and (6) of section 233.011, Florida Statutes,
17 are amended to read:
18 233.011 Accountability in curriculum, educational
19 instructional materials, and testing.--
20 (2)(a) Subject to State Board of Education review and
21 approval, the Department of Education shall develop, by April
22 1, 1985, guidelines for the identification or development,
23 evaluation, oversight, and revision of:
24 1. Curriculum frameworks as specified in subsection
25 (3).
26 2. Student performance standards as specified in ss.
27 232.2454(1) and 229.565(1) and (2).
28 3. Model standards and procedures for the adoption of
29 state and district instructional materials and software
30 consistent with curriculum frameworks and student performance
31 standards as specified in this paragraph. Such models shall
241
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 provide the diverse student populations of the state with the
2 highest quality instructional materials and software in the
3 most cost-effective manner possible. Such models shall
4 include a component to ensure the production of instructional
5 materials and software by the state, or a consortium of
6 states, when economical or superior quality instructional
7 materials or software are unavailable from commercial sources
8 by special contract.
9 4. Model standards and procedures for state and
10 district adoption, analyses, and use of nationally normed
11 student achievement tests or other nationally normed
12 assessment instruments, as specified in subsection (4).
13 5. Criteria and procedures to determine the individual
14 school programs that which are most deficient in student
15 performance. Such criteria and procedures must shall take into
16 account testing results under the provisions of ss. 229.565
17 and 232.2454, and subsection (4).
18 6. Model training procedures for state-level and
19 district-level personnel assigned responsibilities for
20 evaluating and selecting instructional materials, software,
21 and norm-referenced achievement measures.
22 7. Standards for effective evaluation and comparable
23 evaluation and testing procedures among districts.
24 (5) The Commissioner State Board of Education may
25 adopt is authorized to develop rules necessary to implement
26 the provisions of the Florida Accountability in Curriculum,
27 Educational Instructional Materials, and Testing Act (FACET)
28 of 1984.
29 (6) The commissioner, no later than November 1 of each
30 year, shall transmit to the State Board of Education, the
31 President of the Senate, the Speaker of the House of
242
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 Representatives, and the chairs of the Senate and House
2 committees on public school education an appraisal of the
3 programs and activities as set forth in the Florida
4 Accountability in Curriculum, Educational Instructional
5 Materials, and Testing Act (FACET) of 1984 as to the
6 effectiveness, efficiency, and utilization of resources,
7 including a statement of the overall program for the coming
8 year, the recommended level of funding for the overall
9 program, and any other recommendations deemed appropriate by
10 the commissioner. These Such recommendations must shall
11 include, but need not be limited to, necessary modifications
12 of statutes, rules of the commissioner state board rules, and
13 administrative procedures to implement the provisions of said
14 sections.
15 Section 123. Section 233.015, Florida Statutes, is
16 amended to read:
17 233.015 Purge of listed courses not taught for 5
18 years; rules.--The Commissioner State Board of Education shall
19 adopt rules that which provide for the conduct of regularly
20 scheduled purges of courses that are listed in the statewide
21 course numbering system or institutional catalog but that have
22 not been taught at the institution for the preceding 5 years.
23 These Such rules must shall include waiver provisions that
24 allow for course continuation if in the event that an
25 institution has reasonable cause for having not offered a
26 course within the 5-year limit and an expectation that the
27 course will be offered again within the following 5 years.
28 Section 124. Subsection (2) of section 233.056,
29 Florida Statutes, is amended to read:
30 233.056 Instructional programs for visually impaired
31 students and deaf or hard-of-hearing students.--
243
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (2) The unit shall be operated either directly by the
2 Division of Public Schools or through a contractual agreement
3 with a local education agency, under rules adopted by the
4 Commissioner State Board of Education.
5 Section 125. Subsection (6) of section 233.058,
6 Florida Statutes, is amended to read:
7 233.058 English language instruction for limited
8 English proficient students.--
9 (6) The Commissioner State Board of Education shall
10 adopt rules for the purpose of implementing this section.
11 Section 126. Subsection (1) of section 233.061,
12 Florida Statutes, is amended to read:
13 233.061 Required instruction.--
14 (1) Members of the instructional staff of the public
15 schools, subject to the rules and regulations of the
16 commissioner, the state board, and of the school board, shall
17 teach efficiently and faithfully, using the books and
18 materials required, following the prescribed courses of study,
19 and employing approved methods of instruction the following:
20 (a) The content of the Declaration of Independence and
21 how it forms the philosophical foundation of our government;
22 (b) The arguments in support of adopting our
23 republican form of government, as they are embodied in the
24 most important of the Federalist Papers;
25 (c) The essentials of the United States Constitution
26 and how it provides the structure of our government;
27 (d) Flag education, including proper flag display and
28 flag salute;
29 (e) The elements of civil government;
30 (f) The history of the Holocaust (1933-1945), the
31 systematic, planned annihilation of European Jews and other
244
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 groups by Nazi Germany, a watershed event in the history of
2 humanity, to be taught in a manner that leads to an
3 investigation of human behavior, an understanding of the
4 ramifications of prejudice, racism, and stereotyping, and an
5 examination of what it means to be a responsible and
6 respectful person, for the purposes of encouraging tolerance
7 of diversity in a pluralistic society and for nurturing and
8 protecting democratic values and institutions;
9 (g) The history of African-Americans, including the
10 history of African peoples before the political conflicts that
11 led to the development of slavery, the passage to America, the
12 enslavement experience, abolition, and the contributions of
13 African-Americans to society;
14 (h) The elementary principles of agriculture;
15 (i) The true effects of all alcoholic and intoxicating
16 liquors and beverages and narcotics upon the human body and
17 mind;
18 (j) Kindness to animals;
19 (k) The history of the state;
20 (l) The conservation of natural resources; and
21 (m) Such additional materials, subjects, courses, or
22 fields in such grades as are may be prescribed by law or by
23 rules of the commissioner state board and the school board in
24 fulfilling the requirements of law.
25 Section 127. Paragraph (a) of subsection (4) of
26 section 233.067, Florida Statutes, 1996 Supplement, is amended
27 to read:
28 233.067 Comprehensive health education and substance
29 abuse prevention.--
30 (4) ADMINISTRATION OF THE COMPREHENSIVE HEALTH
31 EDUCATION AND SUBSTANCE ABUSE PREVENTION PROGRAM.--
245
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (a) There is created a comprehensive health education
2 and substance abuse prevention program for children and youths
3 in kindergarten and grades 1 through 12. Responsibility for
4 the administration of this section shall rest with the
5 Department of Education, in cooperation with, and with the
6 advice of, the Department of Children and Family Health and
7 Rehabilitative Services. The administration of the program
8 shall be pursuant to rules and regulations adopted by the
9 Commissioner State Board of Education, provided that such
10 rules shall require the minimum amount of paperwork and
11 reporting necessary to comply with this section. For purposes
12 of administering this section, the commissioner shall
13 establish a Prevention Resource Center within the department
14 and shall assign appropriate staff to work directly with
15 school district personnel. The center shall serve as a
16 clearinghouse for evaluation and dissemination of information,
17 materials, and model programs and shall provide program and
18 technical assistance and other prevention services as
19 determined by the commissioner.
20 Section 128. Subsection (6) of section 233.115,
21 Florida Statutes, is amended to read:
22 233.115 Prohibited acts.--
23 (6) Nothing contained in this section shall be
24 construed to prohibit or restrict a school official from
25 receiving royalties or other compensation, other than
26 compensation paid as commission to the school official for
27 negotiating sales to district boards, from the publisher or
28 manufacturer of instructional materials written, designed, or
29 prepared by such school official, and adopted by the
30 commissioner state board or purchased by any district board.
31 No school official shall be allowed to receive royalties on
246
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 any materials not on the state-adopted list purchased for use
2 by his or her district school board.
3 Section 129. Subsection (1) of section 233.17, Florida
4 Statutes, is amended to read:
5 233.17 Term of adoption for instructional materials.--
6 (1) The term of adoption of any instructional
7 materials must shall be for a 6-year period beginning on April
8 1 following the adoption, unless the contract is extended as
9 prescribed in s. 233.16(2). However, the Commissioner State
10 Board of Education may approve by rule terms of adoption of
11 less than 6 years for materials in content areas which require
12 more frequent revision.
13 Section 130. Section 233.37, Florida Statutes, is
14 amended to read:
15 233.37 Disposal of instructional materials.--Under
16 rules of the commissioner state board, or rules of the
17 district school board which have been approved by the
18 commissioner, the district school board may dispose of the
19 instructional materials of an old adoption when they have
20 become unserviceable, upon such terms and conditions as will
21 yield their fair salvage value. The Department of Education
22 shall enter into one or more contracts with recycling firms
23 for periodic pickup in school districts of obsolete or
24 unusable materials to be salvaged.
25 Section 131. Section 233.39, Florida Statutes, is
26 amended to read:
27 233.39 Renovation and repair of textbooks.--The
28 Commissioner Board of Education shall prescribe rules and
29 regulations under which the Department of Education shall,
30 whenever requested to do so by any superintendent, make
31 necessary arrangements for the renovation and repair of books
247
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 that which could thereby be put into serviceable condition.
2 All proper expense in connection with such renovation and
3 repair is declared to be a proper charge against the
4 appropriation for the purchase of instructional materials by
5 the school district. The commissioner state board, in order
6 to assist district school boards in obtaining the most
7 economical services, shall formulate and prescribe such rules
8 and regulations for the letting of contracts for the
9 renovation and repair of books used in the public schools of
10 the state as in its judgment are may be practicable and
11 economically feasible. The Department of Education shall
12 enter into such contracts upon the basis of competitive sealed
13 bids from responsible firms who must, prior to contract award,
14 have on hand in their plants the equipment necessary to
15 perform the work of rebinding specified by the department.
16 For the purpose of rebinding, textbooks must shall be
17 classified by the department as to size, and such
18 classification must shall be the basis for bids from rebinding
19 firms. Bids from rebinding firms must shall be on the basis
20 of minimum quantities of 100 books in each classification. No
21 Such a contract shall be entered for the renovation and repair
22 of books used in the public schools of this state may not be
23 entered when the cost of renovation and repair exceeds the
24 original acquisition cost of such books or the cost of
25 replacing such books, whichever is the lesser. However, this
26 section does not nothing herein contained shall be construed
27 to prohibit the inmates of the state prison from repairing and
28 renovating any public school textbooks or library books. Any
29 suit that is of any nature instituted under the provisions of
30 this section must shall be brought in the name of the state,
31
248
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 and any amount recovered by reason of such a suit must shall
2 be deposited in the General Revenue Fund.
3 Section 132. Paragraph (a) of subsection (1) and
4 subsection (2) of section 234.01, Florida Statutes, are
5 amended to read:
6 234.01 Purpose; transportation; when provided.--
7 (1) School boards, after considering recommendations
8 of the superintendent:
9 (a) Shall provide transportation for each student in
10 prekindergarten handicapped and in kindergarten through grade
11 12 membership in a public school when, and only when,
12 transportation is necessary to provide adequate educational
13 facilities and opportunities which otherwise would not be
14 available and to transport students whose homes are more than
15 a reasonable walking distance, as defined by rules of the
16 commissioner state board, from the nearest appropriate school.
17 (2) In each case in which transportation of students
18 is impracticable in the opinion of the school board, the
19 school board is authorized to take steps for making available
20 educational facilities as are authorized by law or rule of the
21 commissioner state board and as, in the opinion of the school
22 board, are practical.
23 Section 133. Section 234.02, Florida Statutes, 1996
24 Supplement, is amended to read:
25 234.02 Safety and health of pupils.--Maximum regard
26 for safety and adequate protection of health are shall be
27 primary requirements that must which shall be observed by
28 school boards in routing buses, appointing drivers, and
29 providing and operating equipment, in accordance with all
30 requirements of law and regulations of the commissioner state
31 board in providing transportation pursuant to s. 234.01:
249
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 (1) School boards shall use school buses, as defined
2 in s. 234.051, for all regular transportation. Regular
3 transportation or regular use means shall mean transportation
4 of students to and from school or school-related activities
5 that which are part of a scheduled series or sequence of
6 events to the same location. "Students" means, for the
7 purposes of this section, students enrolled in the public
8 schools in prekindergarten programs through grade 12. School
9 boards may regularly use motor vehicles other than school
10 buses only under the following conditions:
11 (a) When the transportation is for physically
12 handicapped or isolated students and the district has elected
13 to provide for the transportation of the student through
14 written or oral contracts or agreements.
15 (b) When the transportation is a part of a
16 comprehensive contract for a specialized educational program
17 between a school board and a service provider who provides
18 instruction, transportation, and other services.
19 (c) When the transportation is provided through a
20 public transit system.
21 (d) When the transportation of students is necessary
22 or practical in a motor vehicle owned or operated by a school
23 board other than a school bus and such transportation is
24 provided in designated seating positions in a passenger car
25 not to exceed 8 students or in any other motor vehicle
26 designed to transport 10 or fewer persons which meets all
27 federal motor vehicle safety standards for passenger cars.
28
29 When students are transported in motor vehicles, the occupant
30 crash protection system provided by the vehicle manufacturer
31
250
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 must shall be used unless the student's physical condition
2 prohibits such use.
3 (2) Except as provided in subsection (1), school
4 boards may authorize the transportation of students in
5 privately owned motor vehicles on a case-by-case basis only in
6 the following circumstances:
7 (a) When a student is ill or injured and must be taken
8 home or to a medical treatment facility under nonemergency
9 circumstances; and
10 1. The school has been unable to contact the student's
11 parent or guardian or such parent, guardian, or responsible
12 adult designated by the parent or guardian is not available to
13 provide the transportation;
14 2. Proper adult supervision of the student is
15 available at the location to which the student is being
16 transported;
17 3. The transportation is approved by the school
18 principal, or a school administrator designated by the
19 principal to grant or deny such approval, or in the absence of
20 the principal and designee, by the highest ranking school
21 administrator or teacher available under the circumstances;
22 and
23 4. If the school has been unable to contact the parent
24 or guardian prior to the transportation, the school shall
25 continue to seek to contact the parent or guardian until the
26 school is able to notify the parent or guardian of the
27 transportation and the pertinent circumstances.
28 (b) When the transportation is in connection with a
29 school function or event regarding which the school district
30 or school has undertaken to participate or to sponsor or
31 provide the participation of students; and
251
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1997 Legislature CS/HB 137, Third Engrossed
1 1. The function or event is a single event