Senate Bill 1722c1

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    Florida Senate - 1998                           CS for SB 1722

    By the Committee on Education and Senator McKay





    304-2122-98

  1                      A bill to be entitled

  2         An act relating to rulemaking authority of

  3         school boards (RAB); amending s. 230.23, F.S.;

  4         creating s. 230.23005, F.S.; prescribing the

  5         rulemaking authority of school boards;

  6         providing an effective date.

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  Subsection (17) is added to section 230.23,

11  Florida Statutes, to read:

12         230.23  Powers and duties of school board.--The school

13  board, acting as a board, shall exercise all powers and

14  perform all duties listed below:

15         (17)  ADOPT RULES.--Adopt rules pursuant to ss. 120.54

16  and 120.536(1) to implement the provisions of this section.

17         Section 2.  Section 230.23005, Florida Statutes, is

18  created to read:

19         230.23005  Supplemental powers and duties of school

20  board.--The school board may exercise the following

21  supplemental powers and duties. Any provision of chapters 228,

22  229, 230, 231, 232, 233, 234, and 235 prevails over any

23  conflicting provision of this section. The rules adopted under

24  this section must not be inconsistent with the provisions of

25  chapters 228, 229, 230, 231, 232, 233, 234, and 235.

26         (1)  STUDENT MANAGEMENT.--The school board may adopt

27  programs and policies to ensure the safety and welfare of

28  individuals, the student body, and school personnel, which

29  programs and policies may:

30         (a)  Prohibit the possession of weapons and drugs on

31  campus, student hazing, and other activities that could

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    Florida Senate - 1998                           CS for SB 1722
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  1  threaten the operation of the school or the safety and welfare

  2  of the student body or school personnel.

  3         (b)  Require uniforms to be worn by the student body,

  4  or impose other dress related requirements, if the board finds

  5  that those requirements are necessary for the safety or

  6  welfare of the student body or school personnel.

  7         (c)  Provide procedures for student dismissal

  8  precautions and for granting permission for students to leave

  9  school grounds during school hours, including releasing a

10  student from school upon request by a parent or guardian or

11  for public appearances of school groups.

12         (d)  Provide procedures for managing protests,

13  demonstrations, sit-ins, walk-outs, or other acts of civil

14  disobedience.

15         (e)  Provide procedures for detaining students and for

16  readmission of students after expulsion.

17         (f)  Regulate student automobile use and parking.

18         (2)  FISCAL MANAGEMENT.--The school board may adopt

19  policies providing for fiscal management of the school

20  district with respect to school purchasing, facilities,

21  nonstate revenue sources, budgeting, fundraising, and other

22  activities relating to the fiscal management of district

23  resources, including, but not limited to, the policies

24  governing:

25         (a)  Sales calls and demonstrations by agents,

26  solicitors, salesmen, and vendors on campus; local preference

27  criteria for vendors; specifications for quantity purchasing;

28  prioritization of awards for bids; declining bid awards; and

29  purchase requisitions, approvals, and routing.

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    Florida Senate - 1998                           CS for SB 1722
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  1         (b)  Sales by booster clubs; marathon fundraisers; and

  2  student sales of candy, paper products, or other goods

  3  authorized by the board.

  4         (c)  Inventory and disposal of district property; use

  5  of safe deposit boxes; and selection of real estate

  6  appraisers.

  7         (d)  Payment of contractors and other service

  8  providers.

  9         (e)  Accounting systems; petty cash accounts procedures

10  and reporting; school activities funds procedures and

11  reporting; management and reporting of grants from private

12  sources; and management of funds, including auxiliary

13  enterprise funds.

14         (f)  District budgeting system, including setting

15  budget deadlines and schedules, budget planning, and

16  implementation and determination of budget priorities.

17         (3)  INSTRUCTIONAL AIDS.--The school board may adopt

18  policies providing for innovative teaching techniques,

19  teaching programs and methods, instructional aids and

20  objectives, extracurricular and interscholastic activities,

21  and supplemental programs including, but not limited to,

22  policies providing for:

23         (a)  Use of technology, including appropriate use of

24  the Internet as a tool for learning.

25         (b)  Instructional priorities and objectives, pilot

26  projects and evaluations, curriculum adoption and design, and

27  lesson planning.

28         (c)  Extracurricular and interscholastic activities,

29  including field trips, publishing a student newspaper and

30  other publications, and special programs relating to the arts,

31  music, or other topics of current interest.

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    Florida Senate - 1998                           CS for SB 1722
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  1         (d)  Participation in physical education programs,

  2  including appropriate physical education attire and protective

  3  gear; exceptional student programs for handicapped, disabled

  4  and exceptional students; summer school; and the Title I

  5  program, including comparability procedures.

  6         (4)  FACILITIES MANAGEMENT.--The school board may adopt

  7  policies providing for management of the physical campus and

  8  its environs, including, but not limited to, energy

  9  conservation measures; building and ground maintenance;

10  fencing, landscaping and other property improvements; site

11  acquisition; new construction and renovation; dedication and

12  rededication or naming and renaming of district buildings and

13  other district facilities; and development of facilities

14  management planning and priorities.

15         (5)  SCHOOL COMMUNITY RELATIONS.--The school board may

16  adopt policies governing public gifts and donations to

17  schools; input from the community concerning instruction

18  resources; advertising in schools; participation in community

19  affairs, including coordination with local governments and

20  planning authorities; protocols for interagency agreements;

21  business community partnerships; community use of school

22  facilities; public solicitations in schools, including the

23  distribution and posting of promotional materials and

24  literature; visitors to the school campus; school advisory

25  councils; and parent volunteers and chaperones.

26         (6)  LEGAL ISSUES.--The school board may adopt policies

27  and procedures necessary to implement federal mandates and

28  programs, court orders, and other legal requirements of the

29  state.

30         (7)  FIRST AID AND EMERGENCIES.--The school board may

31  adopt programs and policies to ensure appropriate response in

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    Florida Senate - 1998                           CS for SB 1722
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  1  emergency situations; the provision of first aid to

  2  individuals, the student body, and school personnel; and the

  3  effective management of student illness, which programs and

  4  policies may include, but are not limited to:

  5         (a)  The provision of first aid and emergency medical

  6  care and the provision of school health care facilities and

  7  services.

  8         (b)  The provision of school safety patrol.

  9         (c)  Procedures for reporting hazards, including

10  threats of nature, bomb threats, threatening messages, and

11  similar occurrences, and the provision of warning systems

12  including alarm systems and other technical devices.

13         (d)  Procedures for evacuating the classrooms,

14  playground, or any other district facility.

15         (e)  Procedures for reporting accidents, including

16  traffic accidents and traffic violations involving

17  district-owned vehicles.

18         (f)  Student insurance programs.

19         (8)  STUDENT ASSESSMENT AND AFFAIRS.--The school board

20  may adopt policies and procedures governing attendance

21  monitoring and checks; truancy; graduation requirements and

22  graduation exercises; fees, fines, and charges imposed on

23  students; evaluation of student records and transcripts;

24  transfer of student records; grading and academic evaluation

25  of students; tests and examinations, including early

26  examinations; guidance and counseling; and student

27  participation in competitions, student performances and

28  exhibitions, contests for students, and social events.

29         (9)  ADMINISTRATIVE SUPPORT SERVICES.--The school board

30  may adopt policies and procedures governing purchase of

31  property insurance, including comprehensive general liability

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    Florida Senate - 1998                           CS for SB 1722
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  1  insurance; transportation of students for extracurricular

  2  activities and special events, including transportation of

  3  students in privately owned vehicles; transportation of

  4  district personnel, including personal use of district owned

  5  vehicles; computer security and computer room access and

  6  computer data base resources; mail and delivery services,

  7  including use of couriers; copyright compliance; computerized

  8  data systems, including computer use, transmission of data,

  9  access to the Internet, and other technology-based services.

10         (10)  SCHOOL BOARD GOVERNANCE AND OPERATIONS.--The

11  school board may adopt policies and procedures necessary for

12  the daily business operation of the school board, including,

13  but not limited to, the provision of legal services for the

14  school board; conducting a district legislative program;

15  school board member participation at conferences, conventions,

16  and workshops, including member compensation and reimbursement

17  for expenses; school board policy development, adoption, and

18  repeal; school board meeting procedures, including

19  participation via telecommunications networks, use of

20  technology at meetings, and presentations by nondistrict

21  personnel; citizen communications with the school board and

22  with individual school board members; collaboration with local

23  government and other entities as required by law; and

24  organization of the board, including special committees and

25  advisory committees.

26         (11)  PERSONNEL.--The school board may adopt policies

27  and procedures necessary for the management of all personnel

28  of the school system.

29         Section 3.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 1998                           CS for SB 1722
    304-2122-98




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1722

  3

  4  The committee substitute differs from SB 1722 as follows:

  5  School boards would be given authority to adopt rules pursuant
    to ss. 120.54 and 120.536(1), F.S., to implement the
  6  provisions of s. 230.23, F.S., the powers and duties of school
    boards.
  7
    A new section of law would be created giving school boards
  8  supplemental powers and duties and specific rulemaking
    authority to implement those provisions, provided such rules
  9  are not inconsistent with chapters 228 through 235 of the
    Florida Statutes.
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    The supplemental school board powers and duties address the
11  following areas: student management, fiscal management,
    instructional aids, facilities management, school community
12  relations, legal issues, first aid and emergencies, student
    assessment and affairs, administrative support services,
13  school board governance and operations, and personnel.

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