House Bill hb2017e1
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HB 2017, First Engrossed
1 A bill to be entitled
2 An act relating to education and matters
3 connected therewith; creating the "Florida K-20
4 Education Code"; creating ch. 1000, F.S.,
5 entitled "K-20 General Provisions," consisting
6 of part I relating to general provisions, part
7 II relating to systemwide definitions, and part
8 III relating to educational compacts; creating
9 ch. 1001, F.S., entitled "K-20 Governance,"
10 consisting of part I relating to state-level
11 governance, part II relating to school district
12 governance, part III relating to community
13 colleges, and part IV relating to state
14 universities; creating ch. 1002, F.S., entitled
15 "Student and Parental Rights and Educational
16 Choices," consisting of part I relating to
17 general provisions, part II relating to student
18 and parental rights, part III relating to
19 educational choice, and part IV relating to
20 home education, private schools, and other
21 education options; creating ch. 1003, F.S.,
22 entitled "Public K-12 Education," consisting of
23 part I relating to general provisions, part II
24 relating to school attendance, part III
25 relating to control of students, part IV
26 relating to public K-12 educational
27 instruction, part V relating to specialized
28 instruction for certain public K-12 students,
29 and part VI relating to pilot public K-12
30 education programs; creating ch. 1004, F.S.,
31 entitled "Public Postsecondary Education,"
1
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HB 2017, First Engrossed
1 consisting of part I relating to general
2 provisions, part II relating to state
3 universities, part III relating to community
4 colleges, and part IV relating to workforce
5 development education; providing
6 appropriations; creating ch. 1005, F.S.,
7 entitled "Nonpublic Postsecondary Education,"
8 consisting of part I relating to general
9 provisions, part II relating to the Commission
10 for Independent Education, and part III
11 relating to licensure of nonpublic
12 postsecondary educational institutions;
13 creating ch. 1006, F.S., entitled "Support for
14 Learning and Student Services," consisting of
15 part I relating to public K-12 education
16 support for learning and student services and
17 part II relating to postsecondary educational
18 institutions; creating ch. 1007, F.S., entitled
19 "Access and Articulation," consisting of part I
20 relating to general provisions, part II
21 relating to articulation, and part III relating
22 to access to postsecondary education; creating
23 ch. 1008, F.S., entitled "Assessment and
24 Accountability," consisting of part I relating
25 to assessment, part II relating to
26 accountability, and part III relating to the
27 Council for Education Policy Research and
28 Improvement; creating ch. 1009, F.S., entitled
29 "Educational Scholarships, Fees, and Financial
30 Assistance," consisting of part I relating to
31 general provisions, part II relating to
2
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HB 2017, First Engrossed
1 postsecondary student fees, part III relating
2 to financial assistance, part IV relating to
3 prepaid college board programs, and part V
4 relating to the Florida higher education loan
5 authority; creating ch. 1010, F.S., entitled
6 "Financial Matters," consisting of part I
7 relating to general accounting requirements,
8 part II relating to financial reporting, part
9 III relating to audit requirements and
10 procedures, part IV relating to bonding, and
11 part V relating to trust funds; creating ch.
12 1011, F.S., entitled "Planning and Budgeting,"
13 consisting of part I relating to preparation,
14 adoption, and implementation of budgets, part
15 II relating to funding for school districts,
16 part III relating to funding for workforce
17 education, part IV relating to funding for
18 community colleges, and part V relating to
19 funding for state universities; creating ch.
20 1012, F.S., entitled "Personnel," consisting of
21 part I relating to general provisions, part II
22 relating to K-20 personnel issues, part III
23 relating to public schools personnel, part IV
24 relating to public postsecondary educational
25 institutions personnel, part V relating to
26 professional development, and part VI relating
27 to the interstate compact on qualifications of
28 educational personnel; creating ch. 1013, F.S.,
29 entitled "Educational Facilities," consisting
30 of part I relating to functions of the
31 Department of Education, part II relating to
3
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HB 2017, First Engrossed
1 use and management of educational facilities,
2 part III relating to planning and construction
3 of educational facilities, and part IV relating
4 to funding for educational facilities;
5 reenacting and amending s. 20.15, F.S.,
6 relating to the Department of Education, to
7 conform; amending ss. 11.061, 11.40, 11.45,
8 23.1225, 24.121, 39.0015, 39.407, 61.13015,
9 105.061, 110.1228, 110.123, 110.151, 110.181,
10 110.205, 112.1915, 112.313, 120.52, 120.55,
11 120.81, 121.051, 121.091, 145.131, 145.19,
12 153.77, 159.27, 163.3177, 163.3191, 195.096,
13 196.012, 196.031, 196.1983, 200.001, 200.065,
14 200.069, 201.24, 210.20, 212.04, 212.0602,
15 212.08, 213.053, 215.20, 215.82, 216.181,
16 216.301, 218.39, 220.183, 222.22, 250.115,
17 255.0515, 255.0516, 265.2861, 265.603, 267.173,
18 267.1732, 282.005, 282.103, 282.105, 282.106,
19 282.3031, 282.3063, 282.310, 284.34, 285.18,
20 287.042, 287.055, 287.064, 288.039, 288.8175,
21 295.01, 295.015, 295.016, 295.017, 295.018,
22 295.019, 295.0195, 316.003, 316.027, 316.515,
23 316.6145, 316.615, 316.70, 316.72, 318.12,
24 318.14, 320.08058, 320.20, 320.38, 322.031,
25 322.091, 322.095, 322.21, 333.03, 364.508,
26 380.0651, 381.003, 381.005, 381.0056, 381.0302,
27 391.055, 393.0657, 394.4572, 394.495, 394.498,
28 395.602, 395.605, 397.405, 397.451, 397.951,
29 402.22, 402.302, 402.3057, 409.145, 409.1757,
30 409.2598, 409.9071, 409.908, 409.9122, 411.01,
31 411.203, 411.223, 414.1251, 440.16, 445.04,
4
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HB 2017, First Engrossed
1 445.0121, 445.024, 447.203, 447.301, 447.403,
2 450.081, 450.121, 458.3145, 458.324, 459.0125,
3 468.1115, 468.607, 468.723, 471.0035, 476.114,
4 476.144, 476.178, 477.0132, 477.019, 477.0201,
5 477.023, 480.033, 481.229, 488.01, 553.415,
6 559.902, 589.09, 627.733, 627.742, 627.912,
7 633.445, 633.50, 732.402, 784.081, 817.566,
8 817.567, 877.18, 921.187, 943.10, 943.22,
9 944.801, 948.03, 984.03, 984.05, 984.151,
10 984.19, 985.03, 985.04, 985.316, and 985.412,
11 F.S.; conforming provisions and cross
12 references; providing purpose of this act;
13 authorizing activities relating to the
14 reorganization of the Department of Education
15 and implementation of changes to the state
16 system of education; repealing s. 187.201(1),
17 F.S., relating to the education goals and
18 policies of the State Comprehensive Plan;
19 repealing s. 2 of ch. 2000-181, Laws of
20 Florida, relating to the repeal of s. 236.081,
21 F.S., effective June 30, 2004; repealing part I
22 of ch. 243, F.S., relating to the educational
23 institutions law, and ch. 228, 229, 230, 231,
24 232, 233, 234, 235, 236, 237, 239, 240, 241,
25 242, 244, and 246, F.S., relating to public
26 education general provisions, functions of
27 state educational agencies, the district school
28 system, personnel of the school system,
29 compulsory school attendance and child welfare,
30 courses of study and instructional aids,
31 transportation of school children, educational
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HB 2017, First Engrossed
1 facilities, finance and taxation of schools,
2 financial accounts and expenditures for public
3 schools, vocational, adult, and community
4 education, postsecondary education, distance
5 learning, specialized state educational
6 institutions, educational compacts, and
7 nonpublic postsecondary institutions; providing
8 duties of the Division of Statutory Revision;
9 providing for review of ch. 1000-1013, F.S.,
10 during the 2003 Regular Session; providing for
11 severability; providing effective dates.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Chapter 1000, Florida Statutes, shall be
16 entitled "K-20 General Provisions" and shall consist of ss.
17 1000.01-1000.21.
18 Section 2. Part I of chapter 1000, Florida Statutes,
19 shall be entitled "General Provisions" and shall consist of
20 ss. 1000.01-1000.06.
21 Section 3. Section 1000.01, Florida Statutes, is
22 created to read:
23 1000.01 The Florida K-20 Education System; technical
24 provisions.--
25 (1) NAME.--Chapters 1000 through 1013 shall be known
26 and cited as the "Florida K-20 Education Code."
27 (2) LIBERAL CONSTRUCTION.--The provisions of the
28 Florida K-20 Education Code shall be liberally construed to
29 the end that its objectives may be effected. It is the
30 legislative intent that if any section, subsection, sentence,
31
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HB 2017, First Engrossed
1 clause or provision of the Florida K-20 Education Code is held
2 invalid, the remainder of the code shall not be affected.
3 (3) PURPOSE.--The purpose of the Florida K-20
4 Education Code is to provide by law for a state system of
5 schools, courses, classes, and educational institutions and
6 services adequate to allow, for all Florida's students, the
7 opportunity to obtain a high quality education. The Florida
8 K-20 education system is established to accomplish this
9 purpose; however, nothing in this code shall be construed to
10 require the provision of free public education beyond grade
11 12.
12 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS
13 INCLUDED.--As required by s. 1, Art. IX of the State
14 Constitution, the Florida K-20 education system shall include
15 the uniform system of free public K-12 schools. These public
16 K-12 schools shall provide 13 consecutive years of
17 instruction, beginning with kindergarten, and shall also
18 provide such instruction for students with disabilities,
19 gifted students, limited English proficient students, and
20 students in Department of Juvenile Justice programs as may be
21 required by law. The funds for support and maintenance of the
22 uniform system of free public K-12 schools shall be derived
23 from state, district, federal, and other lawful sources or
24 combinations of sources, including any fees charged
25 nonresidents as provided by law.
26 (5) EDUCATION GOVERNANCE TRANSFERS.--
27 (a) Effective July 1, 2001:
28 1. The Board of Regents is abolished.
29 2. All of the powers, duties, functions, records,
30 personnel, and property; unexpended balances of
31 appropriations, allocations, and other funds; administrative
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HB 2017, First Engrossed
1 authority; administrative rules; pending issues; and existing
2 contracts of the Board of Regents are transferred by a type
3 two transfer, pursuant to s. 20.06(2), to the Florida Board of
4 Education.
5 3. The State Board of Community Colleges is abolished.
6 4. All of the powers, duties, functions, records,
7 personnel, and property; unexpended balances of
8 appropriations, allocations, and other funds; administrative
9 authority; administrative rules; pending issues; and existing
10 contracts of the State Board of Community Colleges are
11 transferred by a type two transfer, pursuant to s. 20.06(2),
12 from the Department of Education to the Florida Board of
13 Education.
14 5. The Postsecondary Education Planning Commission is
15 abolished.
16 6. The Council for Education Policy Research and
17 Improvement is created as an independent office under the
18 Office of Legislative Services.
19 7. All personnel, unexpended balances of
20 appropriations, and allocations of the Postsecondary Education
21 Planning Commission are transferred to the Council for
22 Education Policy Research and Improvement.
23 8. The Articulation Coordinating Committee and the
24 Education Standards Commission are transferred by a type two
25 transfer, pursuant to s. 20.06(2), from the Department of
26 Education to the Florida Board of Education.
27 (b) Effective January 7, 2003:
28 1. The Florida Board of Education is renamed the State
29 Board of Education.
30 2. The Secretary of the Florida Board of Education is
31 renamed the Commissioner of Education.
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HB 2017, First Engrossed
1 (c) All rules of the State Board of Education, the
2 Commissioner of Education, and the Department of Education,
3 and all rules of the district school boards, the community
4 college boards of trustees, and the state university boards of
5 trustees, in effect on January 2, 2003, remain in effect until
6 specifically amended or repealed in the manner provided by
7 law.
8 (d) Effective January 7, 2003:
9 1. The administrative rules of the Department of
10 Education and the Commissioner of Education shall become the
11 rules of the State Board of Education.
12 2. The administrative rules of the State Board of
13 Education shall become the rules of the appointed State Board
14 of Education.
15 (e) All administrative rules of the State Board of
16 Education, the Commissioner of Education, and the Department
17 of Education are transferred by a type two transfer, as
18 defined in s. 20.06(2), Florida Statutes, to the appointed
19 State Board of Education.
20 (f) This act creating the Florida K-20 Education Code
21 shall not affect the validity of any judicial or
22 administrative action involving the Department of Education,
23 pending on January 7, 2003. This act shall not affect the
24 validity of any judicial or administrative action involving
25 the Commissioner of Education or the State Board of Education,
26 pending on January 7, 2003, and the appointed State Board of
27 Education shall be substituted as a party of interest in any
28 such action.
29 Section 4. Section 1000.02, Florida Statutes, is
30 created to read:
31
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HB 2017, First Engrossed
1 1000.02 Policy and guiding principles for the Florida
2 K-20 education system.--
3 (1) It is the policy of the Legislature:
4 (a) To achieve within existing resources a seamless
5 academic educational system that fosters an integrated
6 continuum of kindergarten through graduate school education
7 for Florida's students.
8 (b) To promote enhanced academic success and funding
9 efficiency of educational delivery systems by aligning
10 responsibility with accountability.
11 (c) To provide consistent education policy across all
12 educational delivery systems, focusing on students.
13 (d) To provide substantially improved articulation
14 across all educational delivery systems.
15 (e) To provide for the decentralization of authority
16 to the schools, community colleges, universities, and other
17 education institutions that deliver educational services to
18 the public.
19 (f) To ensure that independent education institutions
20 and home education programs maintain their independence,
21 autonomy, and nongovernmental status.
22 (2) The guiding principles for Florida's K-20
23 education system are:
24 (a) A coordinated, seamless system for kindergarten
25 through graduate school education.
26 (b) A system that is student-centered in every facet.
27 (c) A system that maximizes education access and
28 allows the opportunity for a high-quality education for all
29 Floridians.
30 (d) A system that safeguards equity and supports
31 academic excellence.
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HB 2017, First Engrossed
1 (e) A system that provides for local operational
2 flexibility while promoting accountability for student
3 achievement and improvement.
4 Section 5. Section 1000.03, Florida Statutes, is
5 created to read:
6 1000.03 Function, mission, and goals of the Florida
7 K-20 education system.--
8 (1) Florida's K-20 education system shall be a
9 decentralized system without excess layers of bureaucracy. The
10 State Board of Education may appoint on an ad hoc basis a
11 committee or committees to assist it on any and all issues
12 within the K-20 education system. Florida's K-20 education
13 system shall maintain a systemwide technology plan based on a
14 common set of data definitions.
15 (2)(a) The Legislature shall establish education
16 policy, enact education laws, and appropriate and allocate
17 education resources.
18 (b) The State Board of Education shall oversee the
19 enforcement of all laws and rules, and the timely provision of
20 direction, resources, assistance, intervention when needed,
21 and strong incentives and disincentives to force
22 accountability for results.
23 (c) The Commissioner of Education shall serve as chief
24 executive officer of the K-20 education system. The
25 commissioner shall be responsible for enforcing compliance
26 with the mission and goals of the K-20 education system. The
27 commissioner's office shall operate all statewide functions
28 necessary to support the State Board of Education and the K-20
29 education system.
30 (3) Public education is a cooperative function of the
31 state and local educational authorities. The state retains
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HB 2017, First Engrossed
1 responsibility for establishing a system of public education
2 through laws, standards, and rules to assure efficient
3 operation of a K-20 system of public education and adequate
4 educational opportunities for all individuals. Local
5 educational authorities have a duty to fully and faithfully
6 comply with state laws, standards, and rules and to
7 efficiently use the resources available to them to assist the
8 state in allowing adequate educational opportunities.
9 (4) The mission of Florida's K-20 education system is
10 to allow its students to increase their proficiency by
11 allowing them the opportunity to expand their knowledge and
12 skills through adequate learning opportunities, in accordance
13 with the mission statement and accountability requirements of
14 s. 1008.31.
15 (5) The priorities of Florida's K-20 education system
16 include:
17 (a) Learning and completion at all levels, including
18 increased high school graduation rate and readiness for
19 postsecondary education without remediation.--All students
20 demonstrate increased learning and completion at all levels,
21 graduate from high school and are prepared to enter
22 postsecondary education without remediation.
23 (b) Student performance.--Students demonstrate that
24 they meet the expected academic standards consistently at all
25 levels of their education.
26 (c) Alignment of standards and resources.--Academic
27 standards for every level of the K-20 education system are
28 aligned, and education financial resources are aligned with
29 student performance expectations at each level of the K-20
30 education system.
31
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HB 2017, First Engrossed
1 (d) Educational leadership.--The quality of
2 educational leadership at all levels of K-20 education is
3 improved.
4 (e) Workforce education.--Workforce education is
5 appropriately aligned with the skills required by the new
6 global economy.
7 (f) Parental, student, family, educational
8 institution, and community involvement.--Parents, students,
9 families, educational institutions, and communities are
10 collaborative partners in education, and each plays an
11 important role in the success of individual students.
12 Therefore, the State of Florida cannot be the guarantor of
13 each individual student's success. The goals of Florida's K-20
14 education system are not guarantees that each individual
15 student will succeed or that each individual school will
16 perform at the level indicated in the goals.
17 Section 6. Section 1000.04, Florida Statutes, is
18 created to read:
19 1000.04 Components for the delivery of public
20 education within the Florida K-20 education system.--Florida's
21 K-20 education system provides for the delivery of public
22 education through publicly supported and controlled K-12
23 schools, community colleges, state universities and other
24 postsecondary educational institutions, other educational
25 institutions, and other educational services as provided or
26 authorized by the Constitution and laws of the state.
27 (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools
28 include charter schools and consist of kindergarten classes;
29 elementary, middle, and high school grades and special
30 classes; workforce development education; area technical
31 centers; adult, part-time, career and technical, and evening
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HB 2017, First Engrossed
1 schools, courses, or classes, as authorized by law to be
2 operated under the control of district school boards; and lab
3 schools operated under the control of state universities.
4 (2) PUBLIC POSTSECONDARY EDUCATIONAL
5 INSTITUTIONS.--Public postsecondary educational institutions
6 include workforce development education; community colleges;
7 colleges; state universities; and all other state-supported
8 postsecondary educational institutions that are authorized and
9 established by law.
10 (3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.--The
11 Florida School for the Deaf and the Blind is a component of
12 the delivery of public education within Florida's K-20
13 education system.
14 (4) THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual
15 School is a component of the delivery of public education
16 within Florida's K-20 education system.
17 Section 7. Section 1000.05, Florida Statutes, is
18 created to read:
19 1000.05 Discrimination against students and employees
20 in the Florida K-20 public education system prohibited;
21 equality of access required.--
22 (1) This section may be cited as the "Florida
23 Educational Equity Act."
24 (2)(a) Discrimination on the basis of race, ethnicity,
25 national origin, gender, disability, or marital status against
26 a student or an employee in the state system of public K-20
27 education is prohibited. No person in this state shall, on the
28 basis of race, ethnicity, national origin, gender, disability,
29 or marital status, be excluded from participation in, be
30 denied the benefits of, or be subjected to discrimination
31 under any public K-20 education program or activity, or in any
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HB 2017, First Engrossed
1 employment conditions or practices, conducted by a public
2 educational institution that receives or benefits from federal
3 or state financial assistance.
4 (b) The criteria for admission to a program or course
5 shall not have the effect of restricting access by persons of
6 a particular race, ethnicity, national origin, gender,
7 disability, or marital status.
8 (c) All public K-20 education classes shall be
9 available to all students without regard to race, ethnicity,
10 national origin, gender, disability, or marital status;
11 however, this is not intended to eliminate the provision of
12 programs designed to meet the needs of students with limited
13 proficiency in English, gifted students, or students with
14 disabilities or programs tailored to students with specialized
15 talents or skills.
16 (d) Students may be separated by gender for any
17 portion of a class that deals with human reproduction or
18 during participation in bodily contact sports. For the
19 purpose of this section, bodily contact sports include
20 wrestling, boxing, rugby, ice hockey, football, basketball,
21 and other sports in which the purpose or major activity
22 involves bodily contact.
23 (e) Guidance services, counseling services, and
24 financial assistance services in the state public K-20
25 education system shall be available to students equally.
26 Guidance and counseling services, materials, and promotional
27 events shall stress access to academic, career and technical
28 opportunities for students without regard to race, ethnicity,
29 national origin, gender, disability, or marital status.
30 (3)(a) No person shall, on the basis of gender, be
31 excluded from participating in, be denied the benefits of, or
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HB 2017, First Engrossed
1 be treated differently from another person or otherwise be
2 discriminated against in any interscholastic, intercollegiate,
3 club, or intramural athletics offered by a public K-20
4 educational institution; and no public K-20 educational
5 institution shall provide athletics separately on such basis.
6 (b) Notwithstanding the requirements of paragraph (a),
7 a public K-20 educational institution may operate or sponsor
8 separate teams for members of each gender if the selection for
9 such teams is based upon competitive skill or the activity
10 involved is a bodily contact sport. However, when a public
11 K-20 educational institution operates or sponsors a team in a
12 particular sport for members of one gender but does not
13 operate or sponsor such a team for members of the other
14 gender, and athletic opportunities for that gender have
15 previously been limited, members of the excluded gender must
16 be allowed to try out for the team offered.
17 (c) This subsection does not prohibit the grouping of
18 students in physical education classes and activities by
19 ability as assessed by objective standards of individual
20 performance developed and applied without regard to gender.
21 However, when use of a single standard of measuring skill or
22 progress in a physical education class has an adverse effect
23 on members of one gender, the educational institution shall
24 use appropriate standards which do not have such effect.
25 (d) A public K-20 educational institution which
26 operates or sponsors interscholastic, intercollegiate, club,
27 or intramural athletics shall provide equal athletic
28 opportunity for members of both genders. In determining
29 whether equal opportunities are available, the Commissioner of
30 Education shall consider, among other factors:
31
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HB 2017, First Engrossed
1 1. Whether the selection of sports and levels of
2 competition effectively accommodate the interests and
3 abilities of members of both genders.
4 2. The provision of equipment and supplies.
5 3. Scheduling of games and practice times.
6 4. Travel and per diem allowances.
7 5. Opportunities to receive coaching and academic
8 tutoring.
9 6. Assignment and compensation of coaches and tutors.
10 7. Provision of locker room, practice, and competitive
11 facilities.
12 8. Provision of medical and training facilities and
13 services.
14 9. Provision of housing and dining facilities and
15 services.
16 10. Publicity.
17
18 Unequal aggregate expenditures for members of each gender or
19 unequal expenditures for male and female teams if a public
20 K-20 educational institution operates or sponsors separate
21 teams do not constitute nonimplementation of this subsection,
22 but the Commissioner of Education shall consider the failure
23 to provide necessary funds for teams for one gender in
24 assessing equality of opportunity for members of each gender.
25 (e) A public K-20 educational institution may provide
26 separate toilet, locker room, and shower facilities on the
27 basis of gender, but such facilities shall be comparable to
28 such facilities provided for students of the other gender.
29 (4) Educational institutions within the state public
30 K-20 education system shall develop and implement methods and
31 strategies to increase the participation of students of a
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HB 2017, First Engrossed
1 particular race, ethnicity, national origin, gender,
2 disability, or marital status in programs and courses in which
3 students of that particular race, ethnicity, national origin,
4 gender, disability, or marital status have been traditionally
5 underrepresented, including, but not limited to, mathematics,
6 science, computer technology, electronics, communications
7 technology, engineering, and career and technical education.
8 (5) The State Board of Education shall adopt rules to
9 implement this section.
10 (6) The functions of the Office of Equal Educational
11 Opportunity of the Department of Education shall include, but
12 are not limited to:
13 (a) Requiring all district school boards, community
14 college boards of trustees, and state university boards of
15 trustees to develop and submit plans for the implementation of
16 this section to the Department of Education.
17 (b) Conducting periodic reviews of public K-20
18 educational agencies to determine compliance with this section
19 and, after a finding that an educational agency is not in
20 compliance with this section, notifying the agency of the
21 steps that it must take to attain compliance and performing
22 followup monitoring.
23 (c) Providing technical assistance, including
24 assisting public K-20 educational agencies in identifying
25 unlawful discrimination and instructing them in remedies for
26 correction and prevention of such discrimination and
27 performing followup monitoring.
28 (d) Conducting studies of the effectiveness of methods
29 and strategies designed to increase the participation of
30 students in programs and courses in which students of a
31 particular race, ethnicity, national origin, gender,
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HB 2017, First Engrossed
1 disability, or marital status have been traditionally
2 underrepresented and monitoring the success of students in
3 such programs of courses, including performing followup
4 monitoring.
5 (e) Requiring all district school boards, community
6 college boards of trustees, and state university boards of
7 trustees to submit data and information necessary to determine
8 compliance with this section. The Commissioner of Education
9 shall prescribe the format and the date for submission of such
10 data and any other educational equity data. If any board does
11 not submit the required compliance data or other required
12 educational equity data by the prescribed date, the
13 commissioner shall notify the board of this fact and, if the
14 board does not take appropriate action to immediately submit
15 the required report, the State Board of Education shall impose
16 monetary sanctions.
17 (f) Based upon rules of the State Board of Education,
18 developing and implementing enforcement mechanisms with
19 appropriate penalties to ensure that public K-12 schools,
20 community colleges, and state universities comply with Title
21 IX of the Education Amendments of 1972 and subsection (3) of
22 this section. However, the State Board of Education may not
23 force an educational agency to conduct, nor penalize an
24 educational agency for not conducting, a program of athletic
25 activity or athletic scholarship for female athletes unless it
26 is an athletic activity approved for women by a recognized
27 association whose purpose is to promote athletics and a
28 conference or league exists to promote interscholastic or
29 intercollegiate competition for women in that athletic
30 activity.
31
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HB 2017, First Engrossed
1 (g) Reporting to the Commissioner of Education any
2 district school board, community college board of trustees, or
3 state university board of trustees found to be out of
4 compliance with rules of the State Board of Education adopted
5 as required by paragraph (f) or paragraph (3)(d). To penalize
6 the board, the State Board of Education shall:
7 1. Declare the educational agency ineligible for
8 competitive state grants.
9 2. Notwithstanding the provisions of s. 216.192,
10 direct the Comptroller to withhold general revenue funds
11 sufficient to obtain compliance from the educational agency.
12
13 The educational agency shall remain ineligible and the funds
14 shall not be paid until the agency comes into compliance or
15 the State Board of Education approves a plan for compliance.
16 (7) A person aggrieved by a violation of this section
17 or a violation of a rule adopted under this section has a
18 right of action for such equitable relief as the court may
19 determine. The court may also award reasonable attorney's
20 fees and court costs to a prevailing party.
21 Section 8. Section 1000.06, Florida Statutes, is
22 created to read:
23 1000.06 Display of flags.--Every public K-20
24 educational institution that is provided or authorized by the
25 Constitution and laws of Florida shall display daily the flag
26 of the United States and the official flag of Florida when the
27 weather permits upon one building or on a suitable flagstaff
28 upon the grounds of each public postsecondary educational
29 institution and upon every district school board building or
30 grounds except when the institution or school is closed for
31 vacation, provided that, if two or more buildings are located
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HB 2017, First Engrossed
1 on the same or on adjacent sites, one flag may be displayed
2 for the entire group of buildings.
3 Section 9. Part II of chapter 1000, Florida Statutes,
4 shall be entitled "Systemwide Definitions" and shall consist
5 of s. 1000.21.
6 Section 10. Section 1000.21, Florida Statutes, is
7 created to read:
8 1000.21 Systemwide definitions.--As used in the
9 Florida K-20 Education Code:
10 (1) "Articulation" is the systematic coordination that
11 provides the means by which students proceed toward their
12 educational objectives in as rapid and student-friendly manner
13 as their circumstances permit, from grade level to grade
14 level, from elementary to middle to high school, to and
15 through postsecondary education, and when transferring from
16 one educational institution or program to another.
17 (2) "Commissioner" is the Commissioner of Education.
18 (3) "Community college," except as otherwise
19 specifically provided, includes the following institutions and
20 any branch campuses, centers, or other affiliates of the
21 institution:
22 (a) Brevard Community College.
23 (b) Broward Community College.
24 (c) Central Florida Community College.
25 (d) Chipola Junior College.
26 (e) Daytona Beach Community College.
27 (f) Edison Community College.
28 (g) Florida Community College at Jacksonville.
29 (h) Florida Keys Community College.
30 (i) Gulf Coast Community College.
31 (j) Hillsborough Community College.
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HB 2017, First Engrossed
1 (k) Indian River Community College.
2 (l) Lake City Community College.
3 (m) Lake-Sumter Community College.
4 (n) Manatee Community College.
5 (o) Miami-Dade Community College.
6 (p) North Florida Community College.
7 (q) Okaloosa-Walton Community College.
8 (r) Palm Beach Community College.
9 (s) Pasco-Hernando Community College.
10 (t) Pensacola Junior College.
11 (u) Polk Community College.
12 (v) St. Johns River Community College.
13 (w) St. Petersburg College.
14 (x) Santa Fe Community College.
15 (y) Seminole Community College.
16 (z) South Florida Community College.
17 (aa) Tallahassee Community College.
18 (bb) Valencia Community College.
19 (4) "Department" is the Department of Education.
20 (5) "Parent" is either or both parents of a student,
21 any guardian of a student, any person in a parental
22 relationship to a student, or any person exercising
23 supervisory authority over a student in place of the parent.
24 (6) "State university," except as otherwise
25 specifically provided, includes the following institutions and
26 any branch campuses, centers, or other affiliates of the
27 institution:
28 (a) The University of Florida.
29 (b) The Florida State University.
30 (c) The Florida Agricultural and Mechanical
31 University.
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HB 2017, First Engrossed
1 (d) The University of South Florida.
2 (e) The Florida Atlantic University.
3 (f) The University of West Florida.
4 (g) The University of Central Florida.
5 (h) The University of North Florida.
6 (i) The Florida International University.
7 (j) The Florida Gulf Coast University.
8 (k) New College of Florida.
9 (7) "Sunshine State Standards" are standards that
10 identify what public school students should know and be able
11 to do. These standards delineate the academic achievement of
12 students for which the state will hold its public schools
13 accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects
14 of language arts, mathematics, science, social studies, the
15 arts, health and physical education, foreign languages,
16 reading, writing, history, government, geography, economics,
17 and computer literacy.
18 Section 11. Part III of chapter 1000, Florida
19 Statutes, shall be entitled "Educational Compacts" and shall
20 consist of ss. 1000.31-1000.34.
21 Section 12. Section 1000.31, Florida Statutes, is
22 created to read:
23 1000.31 Regional education; state policy.--It is
24 hereby declared to be the policy of the state to promote the
25 development and maintenance of regional education services and
26 facilities in the Southern States in the professional,
27 technological, scientific, literary and other fields so as to
28 provide greater educational advantages for the citizens of the
29 state and the citizens in the several states in said region;
30 and it is found and determined by the Legislature of the state
31 that greater educational advantages and facilities for the
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1 citizens of the state in certain phases of the professional,
2 technological, scientific, literary and other fields in
3 education can best be accomplished by the development and
4 maintenance of regional educational services and facilities,
5 under the plan embodied in "The Regional Pact" hereinafter
6 adopted; and this law shall be liberally construed to
7 accomplish such purposes.
8 Section 13. Section 1000.32, Florida Statutes, is
9 created to read:
10 1000.32 Regional compact.--The compact entered into by
11 the state and other Southern States by and through their
12 respective governors on February 8, 1948, as amended, relative
13 to the development and maintenance of regional education
14 services and schools in the Southern States in the
15 professional, technological, scientific, literary and other
16 fields so as to promote greater educational facilities for the
17 citizens of the several states who reside in said region, a
18 copy of said compact, as amended, being as follows:
19
20 THE REGIONAL COMPACT
21 (as amended)
22
23 WHEREAS, The States who are parties hereto have during
24 the past several years conducted careful investigation looking
25 toward the establishment and maintenance of jointly owned and
26 operated regional educational institutions in the Southern
27 States in the professional, technological, scientific,
28 literary, and other fields, so as to provide greater
29 educational advantages and facilities for the citizens of the
30 several states who reside within such region; and
31
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1 WHEREAS, Meharry Medical College of Nashville,
2 Tennessee, has proposed that its lands, buildings, equipment,
3 and the net income from its endowment be turned over to the
4 Southern States, or to an agency acting in their behalf, to be
5 operated as a regional institution for medical, dental and
6 nursing education upon terms and conditions to be hereafter
7 agreed upon between the Southern States and Meharry Medical
8 College, which proposal, because of the present financial
9 condition of the institution, has been approved by the said
10 states who are parties hereto; and
11 WHEREAS, the said states desire to enter into a compact
12 with each other providing for the planning and establishment
13 of regional educational facilities;
14 NOW, THEREFORE, in consideration of the mutual
15 agreements, covenants and obligations assumed by the
16 respective states who are parties hereto (hereinafter referred
17 to as "states"), the said several states do hereby form a
18 geographical district or region consisting of the areas lying
19 within the boundaries of the contracting states which, for the
20 purposes of this compact, shall constitute an area for
21 regional education supported by public funds derived from
22 taxation by the constituent states and derived from other
23 sources for the establishment, acquisition, operation and
24 maintenance of regional educational schools and institutions
25 for the benefit of citizens of the respective states residing
26 within the region so established as may be determined from
27 time to time in accordance with the terms and provisions of
28 this compact.
29 The states do further hereby establish and create a
30 joint agency which shall be known as the Board of Control for
31 Southern Regional Education (hereinafter referred to as the
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HB 2017, First Engrossed
1 "board"), the members of which board shall consist of the
2 governor of each state, ex officio, and four additional
3 citizens of each state to be appointed by the governor
4 thereof, at least one of whom shall be selected from the field
5 of education, and at least one of whom shall be a member of
6 the legislature of that state. The governor shall continue as
7 a member of the board during his or her tenure of office as
8 governor of the state, but the members of the board appointed
9 by the governor shall hold office for a period of four years
10 except that in the original appointments one board member so
11 appointed by the governor shall be designated at the time of
12 his or her appointment to serve an initial term of two years,
13 one board member to serve an initial term of three years, and
14 the remaining board member to serve the full term of four
15 years, but thereafter the successor of each appointed board
16 member shall serve the full term of four years. Vacancies on
17 the board caused by death, resignation, refusal or inability
18 to serve, shall be filled by appointment by the governor for
19 the unexpired portion of the term. The officers of the board
20 shall be a chair, a vice chair, a secretary, a treasurer, and
21 such additional officers as may be created by the board from
22 time to time. The board shall meet annually and officers
23 shall be elected to hold office until the next annual meeting.
24 The board shall have the right to formulate and establish
25 bylaws not inconsistent with the provisions of this compact to
26 govern its own actions in the performance of the duties
27 delegated to it including the right to create and appoint an
28 executive committee and a finance committee with such powers
29 and authority as the board may delegate to them from time to
30 time. The board may, within its discretion, elect as its
31 chair a person who is not a member of the board, provided such
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HB 2017, First Engrossed
1 person resides within a signatory state, and upon such
2 election such person shall become a member of the board with
3 all the rights and privileges of such membership. This
4 paragraph as amended in 1957 shall be effective when eight or
5 more of the states party to the compact have given legislative
6 approval to the amendment.
7 It shall be the duty of the board to submit plans and
8 recommendations to the states from time to time for their
9 approval and adoption by appropriate legislative action for
10 the development, establishment, acquisition, operation and
11 maintenance of educational schools and institutions within the
12 geographical limits of the regional area of the states, of
13 such character and type and for such educational purposes,
14 professional, technological, scientific, literary, or
15 otherwise, as they may deem and determine to be proper,
16 necessary or advisable. Title to all such educational
17 institutions when so established by appropriate legislative
18 actions of the states and to all properties and facilities
19 used in connection therewith shall be vested in said board as
20 the agency of and for the use and benefit of the said states
21 and the citizens thereof, and all such educational
22 institutions shall be operated, maintained and financed in the
23 manner herein set out, subject to any provisions or
24 limitations which may be contained in the legislative acts of
25 the states authorizing the creation, establishment and
26 operation of such educational institutions.
27 In addition to the power and authority heretofore
28 granted, the board shall have the power to enter into such
29 agreements or arrangements with any of the states and with
30 educational institutions or agencies, as may be required in
31 the judgment of the board, to provide adequate services and
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HB 2017, First Engrossed
1 facilities for the graduate, professional, and technical
2 education for the benefit of the citizens of the respective
3 states residing within the region, and such additional and
4 general power and authority as may be vested in the board from
5 time to time by legislative enactment of the said states.
6 Any two or more states who are parties of this compact
7 shall have the right to enter into supplemental agreements
8 providing for the establishment, financing and operation of
9 regional educational institutions for the benefit of citizens
10 residing within an area which constitutes a portion of the
11 general region herein created, such institutions to be
12 financed exclusively by such states and to be controlled
13 exclusively by the members of the board representing such
14 states provided such agreement is submitted to and approved by
15 the board prior to the establishment of such institutions.
16 Each state agrees that, when authorized by the
17 legislature, it will from time to time make available and pay
18 over to said board such funds as may be required for the
19 establishment, acquisition, operation and maintenance of such
20 regional educational institutions as may be authorized by the
21 states under the terms of this compact, the contribution of
22 each state at all times to be in the proportion that its
23 population bears to the total combined population of the
24 states who are parties hereto as shown from time to time by
25 the most recent official published report of the bureau of the
26 census of the United States of America; or upon such other
27 basis as may be agreed upon.
28 This compact shall not take effect or be binding upon
29 any state unless and until it shall be approved by proper
30 legislative action of as many as six or more of the states
31 whose governors have subscribed hereto within a period of
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HB 2017, First Engrossed
1 eighteen months from the date hereof. When and if six or more
2 states shall have given legislative approval to this compact
3 within said eighteen months period, it shall be and become
4 binding upon such six or more states sixty days after the date
5 of legislative approval by the sixth state and the governors
6 of such six or more states shall forthwith name the members of
7 the board from their states as hereinabove set out, and the
8 board shall then meet on call of the governor of any state
9 approving this compact, at which time the board shall elect
10 officers, adopt bylaws, appoint committees and otherwise fully
11 organize. Other states whose names are subscribed hereto
12 shall thereafter become parties hereto upon approval of this
13 compact by legislative action within two years from the date
14 hereof, upon such conditions as may be agreed upon at the
15 time. Provided, however, that with respect to any state whose
16 constitution may require amendment in order to permit
17 legislative approval of the compact, such state or states
18 shall become parties hereto upon approval of this compact by
19 legislative action within seven years from the date hereof,
20 upon such conditions as may be agreed upon at the time.
21 After becoming effective this compact shall thereafter
22 continue without limitation of time; provided, however, that
23 it may be terminated at any time by unanimous action of the
24 states and provided further that any state may withdraw from
25 this compact if such withdrawal is approved by its
26 legislature, such withdrawal to become effective two years
27 after written notice thereof to the board accompanied by a
28 certified copy of the requisite legislative action, but such
29 withdrawal shall not relieve the withdrawing state from its
30 obligations hereunder accruing up to the effective date of
31 such withdrawal. Any state so withdrawing shall ipso facto
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HB 2017, First Engrossed
1 cease to have any claim to or ownership of any of the property
2 held or vested in the board or to any of the funds of the
3 board held under the terms of this compact.
4 If any state shall at any time become in default in the
5 performance of any of its obligations assumed herein or with
6 respect to any obligation imposed upon said state as
7 authorized by and in compliance with the terms and provisions
8 of this compact, all rights, privileges and benefits of such
9 defaulting state, its members on the board and its citizens
10 shall ipso facto be and become suspended from and after the
11 date of such default. Unless such default shall be remedied
12 and made good within a period of one year immediately
13 following the date of such default this compact may be
14 terminated with respect to such defaulting state by an
15 affirmative vote of three-fourths of the members of the board
16 (exclusive of the members representing the state in default),
17 from and after which time such state shall cease to be a party
18 to this compact and shall have no further claim to or
19 ownership of any of the property held by or vested in the
20 board or to any of the funds of the board held under the terms
21 of this compact, but such termination shall in no manner
22 release such defaulting state from any accrued obligation or
23 otherwise affect this compact or the rights, duties,
24 privileges or obligations of the remaining states thereunder.
25 IN WITNESS WHEREOF this compact has been approved and
26 signed by governors of the several states, subject to the
27 approval of their respective legislatures in the manner
28 hereinabove set out, as of the 8th day of February, 1948.
29 STATE OF FLORIDA BY Millard F. Caldwell, Governor.
30 STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor. STATE
31 OF GEORGIA BY M. E. Thompson, Governor. STATE OF LOUISIANA
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HB 2017, First Engrossed
1 BY J. H. Davis, Governor. STATE OF ALABAMA BY James E.
2 Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,
3 Governor. STATE OF TENNESSEE BY Jim McCord, Governor. STATE
4 OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA
5 BY Wm. M. Tuck, Governor. STATE OF NORTH CAROLINA BY R. Gregg
6 Cherry, Governor. STATE OF SOUTH CAROLINA BY J. Strom
7 Thurmond, Governor. STATE OF TEXAS BY Beauford H. Jester,
8 Governor. STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE
9 OF WEST VIRGINIA BY Clarence W. Meadows, Governor.
10
11 be and the same is hereby approved and the State of Florida is
12 hereby declared to be a party to said compact and the
13 agreements, covenants and obligations contained therein are
14 hereby declared to be binding upon the State of Florida.
15 Section 14. Section 1000.33, Florida Statutes, is
16 created to read:
17 1000.33 Copies to other states approving.--After the
18 effective date of this law the Secretary of State of Florida
19 shall furnish to each of the states approving the said compact
20 an engrossed copy of this bill.
21 Section 15. Section 1000.34, Florida Statutes, is
22 created to read:
23 1000.34 Member jurisdictions.--The compact for
24 education is entered into with all jurisdictions legally
25 joining therein and enacted into law in the following form:
26
27 COMPACT FOR EDUCATION
28
29 ARTICLE I
30
31 PURPOSE AND POLICY.--
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HB 2017, First Engrossed
1 A. It is the purpose of this compact to:
2 1. Establish and maintain close cooperation and
3 understanding among executive, legislative, professional
4 educational and lay leadership on a nationwide basis at the
5 state and local levels.
6 2. Provide a forum for the discussion, development,
7 crystallization and recommendation of public policy
8 alternatives in the field of education.
9 3. Provide a clearinghouse of information on matters
10 relating to educational problems and how they are being met in
11 different places throughout the nation, so that the executive
12 and legislative branches of state government and of local
13 communities may have ready access to the experience and record
14 of the entire country, and so that both lay and professional
15 groups in the field of education may have additional avenues
16 for the sharing of experience and the interchange of ideas in
17 the formation of public policy in education.
18 4. Facilitate the improvement of state and local
19 educational systems so that all of them will be able to meet
20 adequate and desirable goals in a society which requires
21 continuous qualitative and quantitative advance in educational
22 opportunities, methods and facilities.
23 B. It is the policy of this compact to encourage and
24 promote local and state initiative in the development,
25 maintenance, improvement and administration of educational
26 systems and institutions in a manner which will accord with
27 the needs and advantages of diversity among localities and
28 states.
29 C. The party states recognize that each of them has an
30 interest in the quality and quantity of education furnished in
31 each of the other states, as well as in the excellence of its
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HB 2017, First Engrossed
1 own educational systems and institutions, because of the
2 highly mobile character of individuals within the nation, and
3 because the products and services contributing to the health,
4 welfare and economic advancement of each state are supplied in
5 significant part by persons educated in other states.
6
7 ARTICLE II
8
9 STATE DEFINED.--
10 As used in this compact, "state" means a state,
11 territory, or possession of the United States, the District of
12 Columbia, or the Commonwealth of Puerto Rico.
13
14 ARTICLE III
15
16 THE COMMISSION.--
17 A. The Education Commission of the States, hereinafter
18 called "the commission," is hereby established. The
19 commission shall consist of seven members representing each
20 party state. One of such members representing Florida shall
21 be the governor; two shall be members of the state senate
22 appointed by the president; two shall be members of the house
23 of representatives appointed by the speaker; and two shall be
24 appointed by and serve at the pleasure of the governor. The
25 guiding principle for the composition of the membership on the
26 commission shall be that the members, by virtue of their
27 training, experience, knowledge or affiliations be in a
28 position collectively to reflect broadly the interests of the
29 state government, higher education, the state education
30 system, local education, lay and professional, public and
31 nonpublic educational leadership. Of those appointees, one
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HB 2017, First Engrossed
1 shall be the head of a state agency or institution, designated
2 by the governor, having responsibility for one or more
3 programs of public education. In addition to the members of
4 the commission representing the party states, there may be not
5 to exceed ten nonvoting commissioners selected by the steering
6 committee for terms of one year. Such commissioners shall
7 represent leading national organizations of professional
8 educators or persons concerned with educational
9 administration.
10 B. The members of the commission shall be entitled to
11 one vote each on the commission. No action of the commission
12 shall be binding unless taken at a meeting at which a majority
13 of the total number of votes on the commission are cast in
14 favor thereof. Action of the commission shall be only at a
15 meeting at which a majority of the commissioners are present.
16 The commission shall meet at least once a year. In its
17 bylaws, and subject to such directions and limitations as may
18 be contained therein, the commission may delegate the exercise
19 of any of its powers to the steering committee or the
20 executive director, except for the power to approve budgets or
21 requests for appropriations, the power to make policy
22 recommendations pursuant to Article IV and adoption of the
23 annual report pursuant to Article III, J.
24 C. The commission shall have a seal.
25 D. The commission shall elect annually, from among its
26 members, a chair, who shall be a governor, a vice chair and a
27 treasurer. The commission shall provide for the appointment
28 of an executive director. Such executive director shall serve
29 at the pleasure of the commission, and, together with the
30 treasurer and such other personnel as the commission may deem
31
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HB 2017, First Engrossed
1 appropriate, shall be bonded in such amount as the commission
2 shall determine. The executive director shall be secretary.
3 E. Irrespective of the civil service, personnel or
4 other merit system laws of any of the party states, the
5 executive director, subject to the approval of the steering
6 committee, shall appoint, remove or discharge such personnel
7 as may be necessary for the performance of the functions of
8 the commission, and shall fix the duties and compensation of
9 such personnel. The commission in its bylaws shall provide
10 for the personnel policies and programs of the commission.
11 F. The commission may borrow, accept or contract for
12 the services of personnel from any party jurisdiction, the
13 United States, or any subdivision or agency of the
14 aforementioned governments, or from any agency of two or more
15 of the party jurisdictions or their subdivisions.
16 G. The commission may accept for any of its purposes
17 and functions under this compact any and all donations and
18 grants of money, equipment, supplies, materials and services,
19 conditional or otherwise, from any state, the United States,
20 or any other governmental agency, or from any person, firm,
21 association, foundation, or corporation, and may receive,
22 utilize and dispose of the same. Any donation or grant
23 accepted by the commission pursuant to this paragraph or
24 services borrowed pursuant to paragraph F of this Article
25 shall be reported in the annual report of the commission.
26 Such report shall include the nature, amount and conditions,
27 if any, of the donation, grant, or services borrowed, and the
28 identity of the donor or lender.
29 H. The commission may establish and maintain such
30 facilities as may be necessary for the transacting of its
31
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1 business. The commission may acquire, hold, and convey real
2 and personal property and any interest therein.
3 I. The commission shall adopt bylaws for the conduct
4 of its business and shall have the power to amend and rescind
5 these bylaws. The commission shall publish its bylaws in
6 convenient form and shall file a copy thereof and a copy of
7 any amendment thereto, with the appropriate agency or officer
8 in each of the party states.
9 J. The commission annually shall make to the governor
10 and legislature of each party state a report covering the
11 activities of the commission for the preceding year. The
12 commission may make such additional reports as it may deem
13 desirable.
14
15 ARTICLE IV
16
17 POWERS.--
18 In addition to authority conferred on the commission by
19 other provisions of the compact, the commission shall have
20 authority to:
21 1. Collect, correlate, analyze and interpret
22 information and data concerning educational needs and
23 resources.
24 2. Encourage and foster research in all aspects of
25 education, but with special reference to the desirable scope
26 of instruction, organization, administration, and
27 instructional methods and standards employed or suitable for
28 employment in public educational systems.
29 3. Develop proposals for adequate financing of
30 education as a whole and at each of its many levels.
31
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HB 2017, First Engrossed
1 4. Conduct or participate in research of the types
2 referred to in this article in any instance where the
3 commission finds that such research is necessary for the
4 advancement of the purposes and policies of this compact,
5 utilizing fully the resources of national associations,
6 regional compact organizations for higher education, and other
7 agencies and institutions, both public and private.
8 5. Formulate suggested policies and plans for the
9 improvement of public education as a whole, or for any segment
10 thereof, and make recommendations with respect thereto
11 available to the appropriate governmental units, agencies and
12 public officials.
13 6. Do such other things as may be necessary or
14 incidental to the administration of any of its authority or
15 functions pursuant to this compact.
16
17 ARTICLE V
18
19 COOPERATION WITH FEDERAL GOVERNMENT.--
20 A. If the laws of the United States specifically so
21 provide, or if administrative provision is made therefor
22 within the federal government, the United States may be
23 represented on the commission by not to exceed ten
24 representatives. Any such representative or representatives
25 of the United States shall be appointed and serve in such
26 manner as may be provided by or pursuant to federal law, and
27 may be drawn from any one or more branches of the federal
28 government, but no such representative shall have a vote on
29 the commission.
30 B. The commission may provide information and make
31 recommendations to any executive or legislative agency or
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HB 2017, First Engrossed
1 officer of the federal government concerning the common
2 educational policies of the states, and may advise with any
3 such agencies or officers concerning any matter of mutual
4 interest.
5
6 ARTICLE VI
7
8 COMMITTEES.--
9 A. To assist in the expeditious conduct of its
10 business when the full commission is not meeting, the
11 commission shall elect a steering committee of thirty-two
12 members which, subject to the provisions of this compact and
13 consistent with the policies of the commission, shall be
14 constituted and function as provided in the bylaws of the
15 commission. One-fourth of the voting membership of the
16 steering committee shall consist of governors, one-fourth
17 shall consist of legislators, and the remainder shall consist
18 of other members of the commission. A federal representative
19 on the commission may serve with the steering committee, but
20 without vote. The voting members of the steering committee
21 shall serve for terms of two years, except that members
22 elected to the first steering committee of the commission
23 shall be elected as follows: sixteen for one year and sixteen
24 for two years. The chair, vice chair, and treasurer of the
25 commission shall be members of the steering committee and,
26 anything in this paragraph to the contrary notwithstanding,
27 shall serve during their continuance in these offices.
28 Vacancies in the steering committee shall not affect its
29 authority to act, but the commission at its next regularly
30 ensuing meeting following the occurrence of any vacancy shall
31 fill it for the unexpired term. No person shall serve more
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1 than two terms as a member of the steering committee; provided
2 that service for a partial term of one year or less shall not
3 be counted toward the two term limitations.
4 B. The commission may establish advisory and technical
5 committees composed of state, local, and federal officials,
6 and private persons to advise it with respect to any one or
7 more of its functions. Any advisory or technical committee
8 may, on request of the states concerned, be established to
9 consider any matter of special concern to two or more of the
10 party states.
11 C. The commission may establish such additional
12 committees as its bylaws may provide.
13
14 ARTICLE VII
15
16 FINANCE.--
17 A. The commission shall advise the governor or
18 designated officer or officers of each party state of its
19 budget and estimated expenditures for such period as may be
20 required by the laws of that party state. Each of the
21 commission's budgets of estimated expenditures shall contain
22 specific recommendations of the amount or amounts to be
23 appropriated by each of the party states.
24 B. The total amount of appropriation requests under
25 any budget shall be apportioned among the party states. In
26 making such apportionment, the commission shall devise and
27 employ a formula which takes equitable account of the
28 populations and per capita income levels of the party states.
29 C. The commission shall not pledge the credit of any
30 party states. The commission may meet any of its obligations
31 in whole or in part with funds available to it pursuant to
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1 Article III, G of this compact, provided that the commission
2 takes specific action setting aside such funds prior to
3 incurring an obligation to be met in whole or in part in such
4 manner. Except where the commission makes use of funds
5 available to it pursuant to Article III, G thereof, the
6 commission shall not incur any obligation prior to the
7 allotment of funds by the party states adequate to meet the
8 same.
9 D. The commission shall keep accurate accounts of all
10 receipts and disbursements. The receipts and disbursements of
11 the commission shall be subject to the audit and accounting
12 procedures established by its bylaws. However, all receipts
13 and disbursements of funds handled by the commission shall be
14 audited yearly by a qualified public accountant, and the
15 report of the audit shall be included in and become part of
16 the annual reports of the commission.
17 E. The accounts of the commission shall be open at any
18 reasonable time for inspection by duly constituted officers of
19 the party states and by any persons authorized by the
20 commission.
21 F. Nothing contained herein shall be construed to
22 prevent commission compliance with laws relating to audit or
23 inspection of accounts by or on behalf of any government
24 contributing to the support of the commission.
25
26 ARTICLE VIII
27
28 ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--
29 A. This compact shall have as eligible parties all
30 states, territories, and possessions of the United States, the
31 District of Columbia, and the Commonwealth of Puerto Rico. In
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1 respect of any such jurisdiction not having a governor, the
2 term "governor," as used in this compact, shall mean the
3 closest equivalent official of such jurisdiction.
4 B. Any state or other eligible jurisdiction may enter
5 into this compact and it shall become binding thereon when it
6 has adopted the same; provided that in order to enter into
7 initial effect, adoption by at least ten eligible party
8 jurisdictions shall be required.
9 C. Adoption of the compact may be either by enactment
10 thereof or by adherence thereto by the governor; provided that
11 in the absence of enactment, adherence by the governor shall
12 be sufficient to make his or her state a party only until
13 December 31, 1967. During any period when a state is
14 participating in this compact through gubernatorial action,
15 the governor shall appoint those persons who, in addition to
16 himself or herself, shall serve as the members of the
17 commission from his or her state, and shall provide to the
18 commission an equitable share of the financial support of the
19 commission from any source available to him or her.
20 D. Except for a withdrawal effective on December 31,
21 1967, in accordance with paragraph C of this article, any
22 party state may withdraw from this compact by enacting a
23 statute repealing the same, but no such withdrawal shall take
24 effect until one year after the governor of the withdrawing
25 state has given notice in writing of the withdrawal to the
26 governors of all other party states. No withdrawal shall
27 affect any liability already incurred by or chargeable to a
28 party state prior to the time of such withdrawal.
29
30 ARTICLE IX
31
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1 CONSTRUCTION AND SEVERABILITY.--
2 This compact shall be liberally construed so as to
3 effectuate the purposes thereof. The provisions of this
4 compact shall be severable, and if any phrase, clause,
5 sentence or provision of this compact is declared to be
6 contrary to the constitution of any state or of the United
7 States, or the application thereof to any government, agency,
8 person or circumstance is held invalid, the validity of the
9 remainder of this compact and the applicability thereof to any
10 government, agency, person or circumstance shall not be
11 affected thereby. If this compact shall be held contrary to
12 the constitution of any state participating therein, the
13 compact shall remain in full force and effect as to the state
14 affected as to all severable matters.
15 Section 16. Chapter 1001, Florida Statutes, shall be
16 entitled "K-20 Governance" and shall consist of ss.
17 1001.01-1001.75.
18 Section 17. Part I of chapter 1001, Florida Statutes,
19 shall be entitled "State-Level Governance" and shall consist
20 of ss. 1001.01-1001.28.
21 Section 18. Part I.a. of chapter 1001, Florida
22 Statutes, shall be entitled "State Board of Education" and
23 shall consist of ss. 1001.01-1001.03.
24 Section 19. Section 1001.01, Florida Statutes, is
25 created to read:
26 1001.01 State Board of Education generally.--
27 (1) The State Board of Education is established as a
28 body corporate. The board shall be a citizen board consisting
29 of seven members who are residents of the state appointed by
30 the Governor to staggered 4-year terms, subject to
31 confirmation by the Senate. Members of the board shall serve
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1 without compensation but shall be entitled to reimbursement of
2 travel and per diem expenses in accordance with s. 112.061.
3 Members may be reappointed by the Governor for additional
4 terms not to exceed 8 years of consecutive service.
5 (2) The State Board of Education shall select a chair
6 and a vice chair from its appointed members. The chair shall
7 serve a 2-year term and may be reselected for one additional
8 consecutive term.
9 (3) Four members of the state board shall constitute a
10 quorum. No business may be transacted at any meeting unless a
11 quorum is present.
12 Section 20. Section 1001.02, Florida Statutes, is
13 created to read:
14 1001.02 General powers of State Board of Education.--
15 (1) The State Board of Education is the chief
16 implementing and coordinating body of public education in
17 Florida, and it shall focus on high-level policy decisions. It
18 has authority to adopt rules pursuant to ss. 120.536(1) and
19 120.54 to implement the provisions of law conferring duties
20 upon it for the improvement of the state system of K-20 public
21 education. Except as otherwise provided herein, it may, as it
22 finds appropriate, delegate its general powers to the
23 Commissioner of Education or the directors of the divisions of
24 the department.
25 (2) The State Board of Education has the following
26 duties:
27 (a) To adopt comprehensive educational objectives for
28 public education.
29 (b) To adopt comprehensive long-range plans and
30 short-range programs for the development of the state system
31 of public education.
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1 (c) To exercise general supervision over the divisions
2 of the Department of Education as necessary to ensure
3 coordination of educational plans and programs and resolve
4 controversies and to minimize problems of articulation and
5 student transfers, to ensure that students moving from one
6 level of education to the next have acquired competencies
7 necessary for satisfactory performance at that level, and to
8 ensure maximum utilization of facilities.
9 (d) To adopt for state universities and community
10 colleges, and from time to time modify, minimum and uniform
11 standards of college-level communication and computation
12 skills generally associated with successful performance and
13 progression through the baccalaureate level and to identify
14 college-preparatory high school coursework and
15 postsecondary-level coursework that prepares students with the
16 academic skills necessary to succeed in postsecondary
17 education.
18 (e) To adopt and submit to the Governor and
19 Legislature, on or before September 1 of each year, a
20 coordinated K-20 education budget that estimates the
21 expenditure requirements for the State Board of Education,
22 including the Department of Education, the Commissioner of
23 Education, and all of the boards, institutions, agencies, and
24 services under the general supervision of the State Board of
25 Education for the ensuing fiscal year. Any program recommended
26 by the State Board of Education which will require increases
27 in state funding for more than 1 year must be presented in a
28 multiyear budget plan.
29 (f) To hold meetings, transact business, keep records,
30 adopt a seal, and perform such other duties as may be
31
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1 necessary for the enforcement of all laws and rules relating
2 to the state system of public education.
3 (g) To approve plans for cooperating with the Federal
4 Government.
5 (h) To approve plans for cooperating with other public
6 agencies in the development of rules and in the enforcement of
7 laws for which the state board and such agencies are jointly
8 responsible.
9 (i) To review plans for cooperating with appropriate
10 nonpublic agencies for the improvement of conditions relating
11 to the welfare of schools.
12 (j) To create such subordinate advisory bodies as are
13 required by law or as it finds necessary for the improvement
14 of education.
15 (k) To constitute any education bodies or other
16 structures as required by federal law.
17 (l) To assist in the economic development of the state
18 by developing a state-level planning process to identify
19 future training needs for industry, especially high-technology
20 industry.
21 (m) To assist in the planning and economic development
22 of the state by establishing a clearinghouse for information
23 on educational programs of value to economic development.
24 (n) To adopt cohesive rules pursuant to ss. 120.536(1)
25 and 120.54, within statutory authority, for education
26 systemwide issues.
27 (o) To authorize the allocation of resources in
28 accordance with law and rule.
29 (p) To contract with independent institutions
30 accredited by an agency whose standards are comparable to the
31 minimum standards required to operate a postsecondary
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1 educational institution at that level in the state. The
2 purpose of the contract is to provide those educational
3 programs and facilities which will meet needs unfulfilled by
4 the state system of public postsecondary education.
5 (q) To recommend that a district school board take
6 action consistent with the state board's decision relating to
7 an appeal of a charter school application.
8 (r) To enforce systemwide education goals and
9 policies.
10 (s) To establish a detailed procedure for the
11 implementation and operation of a systemwide K-20 technology
12 plan that is based on a common set of data definitions.
13 (t) To establish accountability standards for existing
14 legislative performance goals, standards, and measures, and
15 order the development of mechanisms to implement new
16 legislative goals, standards, and measures.
17 (u) To adopt criteria and implementation plans for
18 future growth issues, such as new colleges and universities
19 and campus mergers, and to provide for cooperative agreements
20 between and within public and private education sectors.
21 (v) To develop, and periodically review for
22 adjustment, a coordinated 5-year plan for postsecondary
23 enrollment and annually submit the plan to the Legislature.
24 (w) To approve a new program at the professional level
25 or doctoral level, if:
26 1. The university has taken into account the need and
27 demand for the program, the university's mission, and similar
28 program offerings by public and nonpublic counterparts.
29 2. The addition of the program will not alter the
30 university's emphasis on undergraduate education.
31
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1 (x) To review, and approve or disapprove, degree
2 programs identified as unique pursuant to s. 1007.25.
3 (y) To recommend to the Legislature a plan for
4 implementing block tuition programs and providing other
5 incentives to encourage students to graduate within 4 years.
6 (3) The State Board of Education shall adopt rules to
7 establish the criteria for assigning, reviewing, and removing
8 limited-access status to an educational program. The State
9 Board of Education shall monitor the extent of limited-access
10 programs within the state universities and report to the
11 Legislature admissions and enrollment data for limited-access
12 programs. Such report shall be submitted annually by December
13 1 and shall assist in determining the potential need for
14 academic-program contracts with independent institutions
15 pursuant to paragraph (2)(p). The report must specify, for
16 each limited-access program within each institution, the
17 following categories, by race and gender:
18 (a) The number of applicants.
19 (b) The number of applicants granted admission.
20 (c) The number of applicants who are granted admission
21 and enroll.
22 (d) The number of applicants denied admission.
23 (e) The number of applicants neither granted admission
24 nor denied admission.
25
26 Each category must be reported for each term. Each category
27 must be reported by type of student, including the following
28 subcategories: native students, community college associate in
29 arts degree transfer students, and other students. Each
30 category and subcategory must further be reported according to
31 the number of students who meet or exceed the minimum
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1 eligibility requirements for admission to the program and the
2 number of students who do not meet or exceed the minimum
3 eligibility requirements for admission to the program.
4 (4) The State Board of Education shall review, and
5 approve or disapprove, baccalaureate-degree programs that
6 exceed 120 semester hours, after considering accreditation
7 requirements, employment and earnings of graduates,
8 comparative program lengths nationally, and comparisons with
9 similar programs offered by independent institutions. By
10 December 31 of each year, the State Board of Education must
11 report to the Legislature any degrees in the state
12 universities that require more than 120 hours, along with
13 appropriate evidence of need. At least every 5 years, the
14 State Board of Education must determine whether the programs
15 still require more than the standard length of 120 hours.
16 (5)(a) The State Board of Education shall adopt a
17 systemwide strategic plan that specifies goals and objectives
18 for the state universities and community colleges. In
19 developing this plan, the State Board of Education shall
20 consider the role of individual public and independent
21 institutions within the state. The plan shall provide for the
22 roles of the universities and community colleges to be
23 coordinated to best meet state needs and reflect
24 cost-effective use of state resources. The strategic plan must
25 clarify mission statements and identify degree programs to be
26 offered at each university and community college in accordance
27 with the objectives provided in this subsection. The
28 systemwide strategic plan must cover a period of 5 years, with
29 modification of the program lists after 2 years. Development
30 of each 5-year plan must be coordinated with and initiated
31 after completion of the master plan. The systemwide and
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1 university and community college strategic plans must
2 specifically include programs and procedures for responding to
3 the educational needs of teachers and students in the public
4 schools of this state. The state board shall submit a report
5 to the President of the Senate and the Speaker of the House of
6 Representatives upon modification of the system plan.
7 (b) The State Board of Education shall develop
8 long-range plans and annual reports for financial aid in this
9 state. The long-range plans shall establish goals and
10 objectives for a comprehensive program of financial aid for
11 Florida students and shall be updated every 5 years. The
12 annual report shall include an assessment of progress made in
13 achieving goals and objectives established in the long-range
14 plans and recommendations for repealing or modifying existing
15 financial aid programs or establishing new programs. A
16 long-range plan shall be submitted by January 1, 2004, and
17 every 5 years thereafter. An annual report shall be submitted
18 on January 1, 2004, and in each successive year that a
19 long-range plan is not submitted, to the President of the
20 Senate and the Speaker of the House of Representatives.
21 (6) The State Board of Education shall coordinate the
22 programs with the Council for Education Policy Research and
23 Improvement, including doctoral programs. The programs shall
24 be reviewed every 5 years or whenever the state board
25 determines that the effectiveness or efficiency of a program
26 is jeopardized. The State Board of Education shall define the
27 indicators of quality and the criteria for program review for
28 every program. Such indicators include need, student demand,
29 industry-driven competencies for advanced technology and
30 related programs, and resources available to support
31
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1 continuation. The results of the program reviews must be tied
2 to the university and community college budget requests.
3 (7) The State Board of Education shall:
4 (a) Provide for each community college to offer
5 educational training and service programs designed to meet the
6 needs of both students and the communities served.
7 (b) Specify, by rule, procedures to be used by the
8 boards of trustees in the annual evaluations of presidents and
9 review the evaluations of presidents by the boards of
10 trustees.
11 (c) Establish an effective information system that
12 will provide composite data concerning the community colleges
13 and state universities and ensure that special analyses and
14 studies concerning the institutions are conducted, as
15 necessary, for provision of accurate and cost-effective
16 information concerning the institutions.
17 (d) Establish criteria for making recommendations for
18 modifying district boundary lines for community colleges.
19 (e) Establish criteria for making recommendations
20 concerning all proposals for the establishment of additional
21 centers or campuses for community colleges and state
22 universities.
23 (f) Examine the annual administrative review of each
24 community college and state university.
25 (g) Specify, by rule, the degree program courses that
26 may be taken by students concurrently enrolled in
27 college-preparatory instruction.
28 (h) Adopt and submit to the Legislature a 3-year list
29 of priorities for fixed-capital-outlay projects.
30 (8) The State Board of Education is responsible for
31 reviewing and administering the state program of support for
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1 the community colleges and, subject to existing law, shall
2 establish the tuition and out-of-state fees for
3 college-preparatory instruction and for credit instruction
4 that may be counted toward an associate in arts degree, an
5 associate in applied science degree, or an associate in
6 science degree.
7 (9) The State Board of Education shall prescribe
8 minimum standards, definitions, and guidelines for community
9 colleges and state universities that will ensure the quality
10 of education, coordination among the community colleges and
11 state universities, and efficient progress toward
12 accomplishing the community college and state university
13 mission. At a minimum, these rules must address:
14 (a) Personnel.
15 (b) Contracting.
16 (c) Program offerings and classification, including
17 college-level communication and computation skills associated
18 with successful performance in college and with tests and
19 other assessment procedures that measure student achievement
20 of those skills. The performance measures must provide that
21 students moving from one level of education to the next
22 acquire the necessary competencies for that level.
23 (d) Provisions for curriculum development, graduation
24 requirements, college calendars, and program service areas.
25 These provisions must include rules that:
26 1. Provide for the award of an associate in arts
27 degree to a student who successfully completes 60 semester
28 credit hours at the community college.
29 2. Require all of the credits accepted for the
30 associate in arts degree to be in the statewide course
31
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HB 2017, First Engrossed
1 numbering system as credits towards a baccalaureate degree
2 offered by a state university.
3 3. Require no more than 36 semester credit hours in
4 general education courses in the subject areas of
5 communication, mathematics, social sciences, humanities, and
6 natural sciences.
7
8 The rules should encourage community colleges to enter into
9 agreements with state universities that allow community
10 college students to complete upper-division-level courses at a
11 community college. An agreement may provide for concurrent
12 enrollment at the community college and the state university
13 and may authorize the community college to offer an
14 upper-division-level course or distance learning.
15 (e) Student admissions, conduct and discipline,
16 nonclassroom activities, and fees.
17 (f) Budgeting.
18 (g) Business and financial matters.
19 (h) Student services.
20 (i) Reports, surveys, and information systems,
21 including forms and dates of submission.
22 Section 21. Section 1001.03, Florida Statutes, is
23 created to read:
24 1001.03 Specific powers of State Board of Education.--
25 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
26 State Board of Education shall approve the student performance
27 standards known as the Sunshine State Standards in key
28 academic subject areas and grade levels.
29 (2) DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF
30 EDUCATION.--The State Board of Education shall govern issues
31 relating to use of property, facilities, and personal services
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1 between the Department of Education and its direct-support
2 organization and shall certify that the organization operates
3 at all times in a manner consistent with the goals and best
4 interest of the department, pursuant to s. 1001.24.
5 (3) PROFESSIONAL CERTIFICATES.--The State Board of
6 Education shall classify school services, designate the
7 certification subject areas, establish competencies, including
8 the use of technology to enhance student learning, and
9 certification requirements for all school-based personnel, and
10 prescribe rules in accordance with which the professional,
11 temporary, and part-time certificates shall be issued by the
12 Department of Education to applicants who meet the standards
13 prescribed by such rules for their class of service, as
14 described in chapter 1012.
15 (4) PROFESSIONAL TEACHER ASSOCIATIONS.--The State
16 Board of Education shall ensure that not-for-profit,
17 professional teacher associations that offer membership to all
18 teachers, noninstructional personnel, and administrators, and
19 that offer teacher training and staff development at no fee to
20 the district, shall be given equal access to voluntary teacher
21 meetings, be provided access to teacher mailboxes for
22 distribution of professional literature, and be authorized to
23 collect voluntary membership fees through payroll deduction.
24 (5) IDENTIFICATION OF CRITICAL TEACHER SHORTAGE
25 AREAS.--The State Board of Education shall identify critical
26 teacher shortage areas pursuant to s. 1012.07.
27 (6) CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX
28 ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of
29 Education shall issue bonds and approve resolutions regarding
30 the expenditure of funds for capital projects and purposes
31 pursuant to the State Constitution and other applicable law.
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1 (7) ARTICULATION ACCOUNTABILITY.--The State Board of
2 Education shall develop articulation accountability measures
3 that assess the status of systemwide articulation processes,
4 and shall establish an articulation accountability process in
5 accordance with the provisions of chapter 1008.
6 (8) SYSTEMWIDE ENFORCEMENT.--The State Board of
7 Education shall enforce compliance with law and state board
8 rule by all school districts and public postsecondary
9 institutions, in accordance with the provisions of s. 1008.32.
10 (9) MANAGEMENT INFORMATION DATABASES.--The State Board
11 of Education shall continue to collect and maintain, at a
12 minimum, the management information databases for state
13 universities, and all other components of the public K-20
14 education system as such databases existed on June 30, 2002.
15 (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
16 EDUCATION.--The State Board of Education shall develop and
17 implement a common placement test to assess the basic
18 computation and communication skills of students who intend to
19 enter a degree program at any community college or state
20 university.
21 (11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
22 EDUCATION.--The State Board of Education shall adopt minimum
23 standards relating to nonpublic postsecondary education and
24 institutions, in accordance with the provisions of chapter
25 1005.
26 (12) COMMON POSTSECONDARY DEFINITIONS.--The State
27 Board of Education shall adopt, by rule, common definitions
28 for associate in science degrees and for certificates.
29 (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
30 PROGRAMS.--The State Board of Education shall provide for the
31 cyclic review of all academic programs in community colleges
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1 and state universities at least every 7 years. Program reviews
2 shall document how individual academic programs are achieving
3 stated student learning and program objectives within the
4 context of the institution's mission. The results of the
5 program reviews shall inform strategic planning, program
6 development, and budgeting decisions at the institutional
7 level.
8 (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
9 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
10 Education shall recommend to the Legislature by February 1,
11 2003, a uniform classification system for school district
12 administrative and management personnel that will facilitate
13 the uniform coding of administrative and management personnel
14 to total district employees.
15 Section 22. Part I.b. of chapter 1001, Florida
16 Statutes, shall be entitled "Commissioner of Education" and
17 shall consist of ss. 1001.10-1001.11.
18 Section 23. Section 1001.10, Florida Statutes, is
19 created to read:
20 1001.10 Commissioner of Education; general powers and
21 duties.--The Commissioner of Education is the chief
22 educational officer of the state, and is responsible for
23 giving full assistance to the State Board of Education in
24 enforcing compliance with the mission and goals of the
25 seamless K-20 education system. The commissioner has the
26 following general powers and duties:
27 (1) To appoint staff necessary to carry out his or her
28 powers and duties.
29 (2) To advise and counsel with the State Board of
30 Education on all matters pertaining to education; to recommend
31 to the State Board of Education actions and policies as, in
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1 the commissioner's opinion, should be acted upon or adopted;
2 and to execute or provide for the execution of all acts and
3 policies as are approved.
4 (3) To keep such records as are necessary to set forth
5 clearly all acts and proceedings of the State Board of
6 Education.
7 (4) To have a seal for his or her office with which,
8 in connection with his or her own signature, the commissioner
9 shall authenticate true copies of decisions, acts, or
10 documents.
11 (5) To recommend to the State Board of Education
12 policies and steps designed to protect and preserve the
13 principal of the State School Fund; to provide an assured and
14 stable income from the fund; to execute such policies and
15 actions as are approved; and to administer the State School
16 Fund.
17 (6) To take action on the release of mineral rights
18 based upon the recommendations of the Board of Trustees of the
19 Internal Improvement Trust Fund.
20 (7) To submit to the State Board of Education, on or
21 before August 1 of each year, recommendations for a
22 coordinated K-20 education budget that estimates the
23 expenditures for the State Board of Education, including the
24 Department of Education, the Commissioner of Education, and
25 all of the boards, institutions, agencies, and services under
26 the general supervision of the State Board of Education for
27 the ensuing fiscal year. Any program recommended to the State
28 Board of Education that will require increases in state
29 funding for more than 1 year must be presented in a multiyear
30 budget plan.
31
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1 (8) To develop and implement a plan for cooperating
2 with the Federal Government in carrying out any or all phases
3 of the educational program and to recommend policies for
4 administering funds that are appropriated by Congress and
5 apportioned to the state for any or all educational purposes.
6 (9) To develop and implement policies for cooperating
7 with other public agencies in carrying out those phases of the
8 program in which such cooperation is required by law or is
9 deemed by the commissioner to be desirable and to cooperate
10 with public and nonpublic agencies in planning and bringing
11 about improvements in the educational program.
12 (10) To prepare forms and procedures as are necessary
13 to be used by district school boards and all other educational
14 agencies to assure uniformity, accuracy, and efficiency in the
15 keeping of records, the execution of contracts, the
16 preparation of budgets, or the submission of reports; and to
17 furnish at state expense, when deemed advisable by the
18 commissioner, those forms that can more economically and
19 efficiently be provided.
20 (11) To implement a program of school improvement and
21 education accountability designed to provide all students the
22 opportunity to make adequate learning gains in each year of
23 school as provided by statute and State Board of Education
24 rule based upon the achievement of the state education goals,
25 recognizing the following:
26 (a) The State Board of Education is the body corporate
27 responsible for the supervision of the system of public
28 education.
29 (b) The district school board is responsible for
30 school and student performance.
31
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1 (c) The individual school is the unit for education
2 accountability.
3 (d) The community college board of trustees is
4 responsible for community college performance and student
5 performance.
6 (e) The university board of trustees is responsible
7 for university performance and student performance.
8 (12) To establish a Citizen Information Center
9 responsible for the preparation, publication, and distribution
10 of materials relating to the state system of seamless K-20
11 public education.
12 (13) To prepare and publish annually reports giving
13 statistics and other useful information pertaining to the
14 Opportunity Scholarship Program.
15 (14) To have printed or electronic copies of school
16 laws, forms, instruments, instructions, and rules of the State
17 Board of Education and provide for their distribution.
18 (15) To develop criteria for use by state
19 instructional materials committees in evaluating materials
20 submitted for adoption consideration. The criteria shall, as
21 appropriate, be based on instructional expectations reflected
22 in curriculum frameworks and student performance standards.
23 The criteria for each subject or course shall be made
24 available to publishers of instructional materials pursuant to
25 the requirements of chapter 1006.
26 (16) To prescribe procedures for evaluating
27 instructional materials submitted by publishers and
28 manufacturers in each adoption.
29
30 The commissioner's office shall operate all statewide
31 functions necessary to support the State Board of Education
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1 and the K-20 education system, including strategic planning
2 and budget development, general administration, and assessment
3 and accountability.
4 Section 24. Section 1001.11, Florida Statutes, is
5 created to read:
6 1001.11 Commissioner of Education; other duties.--
7 (1) The Commissioner of Education must independently
8 perform the following duties:
9 (a) Cooperate with and coordinate responses to
10 requests from the members of the Legislature.
11 (b) Serve as the primary source of information to the
12 Legislature, including the President of the Senate and the
13 Speaker of the House of Representatives, concerning the State
14 Board of Education and the K-20 education system.
15 (c) Develop and implement a process for receiving and
16 processing requests, in conjunction with the Legislature, for
17 the allocation of PECO funds for qualified postsecondary
18 education projects.
19 (d) Integrally work with the boards of trustees of the
20 state universities, colleges, and community colleges.
21 (e) Monitor the activities of the State Board of
22 Education and provide information related to current and
23 pending policies to the members of the boards of trustees of
24 the community colleges and state universities.
25 (f) Ensure the timely provision of information
26 requested by the Legislature from the State Board of
27 Education, the commissioner's office, and the Department of
28 Education.
29 (2)(a) The Commissioner of Education shall recommend
30 to the State Board of Education performance goals addressing
31 the educational needs of the state for the K-20 education
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1 system. The Council for Education Policy Research and
2 Improvement, as an independent entity, shall develop a report
3 card assigning grades to indicate Florida's progress toward
4 meeting those goals. The annual report card shall contain
5 information showing Florida's performance relative to other
6 states on selected measures, as well as Florida's ability to
7 meet the need for postsecondary degrees and programs and how
8 well the Legislature has provided resources to meet this need.
9 The information shall include the results of the National
10 Assessment of Educational Progress or a similar national
11 assessment program administered to students in Florida. By
12 January 1 of each year, the Council for Education Policy
13 Research and Improvement shall submit the report card to the
14 Legislature, the Governor, and the public.
15 (b) Prior to the regular legislative session, the
16 Commissioner of Education shall present to the Legislature a
17 plan for correcting any deficiencies identified in the report
18 card.
19 (3) Notwithstanding any other provision of law to the
20 contrary, the Commissioner of Education, in conjunction with
21 the Legislature, must recommend funding priorities for the
22 distribution of capital outlay funds for public postsecondary
23 educational institutions, based on priorities that include,
24 but are not limited to, the following criteria:
25 (a) Growth at the institutions.
26 (b) Need for specific skills statewide.
27 (c) Need for maintaining and repairing existing
28 facilities.
29 (4) The commissioner shall develop and implement an
30 integrated K-20 information system for educational management
31 in accordance with the requirements of chapter 1008.
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1 (5) The commissioner shall design and implement a
2 statewide program of educational assessment that provides
3 information for the improvement of the operation and
4 management of the public schools, including schools operating
5 for the purpose of providing educational services to youth in
6 Department of Juvenile Justice programs, in accordance with
7 the requirements of chapter 1008.
8 (6) The commissioner is responsible for implementing
9 and maintaining a system of intensive school improvement and
10 stringent education accountability, in accordance with the
11 requirements of chapter 1008.
12 Section 25. Part I.c. of chapter 1001, Florida
13 Statutes, shall be entitled "Department of Education" and
14 shall consist of ss. 1001.20-1001.28.
15 Section 26. Section 1001.20, Florida Statutes, is
16 created to read:
17 1001.20 Department under direction of state board.--
18 (1) The Department of Education shall be organized
19 consistently with the requirements of s. 20.15, and shall act
20 as an administrative and supervisory agency under the
21 implementation direction of the State Board of Education.
22 (2) The department is to be located in the offices of
23 the Commissioner of Education and shall assist in providing
24 professional leadership and guidance and in carrying out the
25 policies, procedures, and duties authorized by law or by the
26 State Board of Education or found necessary by it to attain
27 the purposes and objectives of this code.
28 (3) The Department of Education shall maintain an
29 Office of the Commissioner of Education that includes the
30 general areas of operation that are common to all delivery
31 sectors, such as administration, communication, legal
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1 services, financial aid, and government and public relations,
2 in order to increase efficiency, improve service delivery to
3 students, and fully support the operational needs of the State
4 Board of Education.
5 (4) The Department of Education shall establish the
6 following offices within the Office of the Commissioner of
7 Education which shall coordinate their activities with all
8 other divisions and offices:
9 (a) Office of Technology and Information
10 Services.--Responsible for developing a systemwide technology
11 plan, making budget recommendations to the commissioner,
12 providing data collection and management for the system, and
13 coordinating services with other state, local, and private
14 agencies. The office shall develop a method to address the
15 need for a statewide approach to planning and operations of
16 library and information services to achieve a single K-20
17 education system library information portal and a unified
18 higher education library management system. The Florida
19 Virtual High School shall be administratively housed within
20 the office.
21 (b) Office of Workforce and Economic
22 Development.--Responsible for evaluating the role of each
23 sector of education in Florida's workforce and economic
24 development, assessing the specific work skills and variety of
25 careers provided, and reporting to the State Board of
26 Education the effectiveness of each sector.
27 (c) Office of Educational Facilities and SMART Schools
28 Clearinghouse.--Responsible for validating all educational
29 plant surveys and verifying Florida Inventory of School Houses
30 (FISH) data. The office shall provide technical assistance to
31 public school districts when requested.
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1 (d) Office of Student Financial
2 Assistance.--Responsible for providing access to and
3 administering state and federal grants, scholarships, and
4 loans to those students seeking financial assistance for
5 postsecondary study pursuant to program criteria and
6 eligibility requirements.
7 (e) Office of Inspector General.--Organized using
8 existing resources and funds and responsible for promoting
9 accountability, efficiency, and effectiveness and detecting
10 fraud and abuse within school districts, community colleges,
11 and state universities in Florida. If the Commissioner of
12 Education determines that a district school board or public
13 postsecondary educational institution board is unwilling or
14 unable to address substantiated allegations made by any person
15 relating to waste, fraud, or financial mismanagement, the
16 office shall conduct, coordinate, or request investigations
17 into substantiated allegations made by any person relating to
18 waste, fraud, or financial mismanagement within school
19 districts, community colleges, and state universities in
20 Florida. The office shall have access to all information and
21 personnel necessary to perform its duties and shall have all
22 of its current powers, duties, and responsibilities authorized
23 in s. 20.055.
24 Section 27. Section 1001.21, Florida Statutes, is
25 created to read:
26 1001.21 Office of Private Schools and Home Education
27 Programs.--The state recognizes the contributions of private
28 schools and home education programs in providing alternatives
29 to public school education. These nongovernmental educational
30 systems serve the public, but are not considered to be a part
31 of the public system of education.
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1 (1) The Office of Private Schools and Home Education
2 Programs is established within the Department of Education.
3 The Department of Education and the Commissioner of Education
4 have no authority over the institutions or students served by
5 the office. The office shall:
6 (a) Serve the interests of students and the parents of
7 students in private schools and home education programs.
8 (b) Serve the interests of private institutions.
9 (c) Provide general information to the public about
10 private and home education delivery systems.
11 (2) The Commissioner of Education shall appoint an
12 executive director for the office who shall:
13 (a) Serve as a source of communication between private
14 schools, home education programs, the Commissioner of
15 Education, and the State Board of Education.
16 (b) Evaluate pending policy to ensure that the policy
17 does not subject private schools and home education programs
18 to additional regulation or mandates.
19 (c) Establish a clearinghouse of information for the
20 public.
21 (d) Foster a collaborative spirit and working
22 relationship among private schools, home education programs,
23 and the public sector.
24 (e) Identify and convey the best practices of private
25 schools and home education programs for the benefit of the
26 public and private education delivery sectors.
27 (f) Represent issues and concerns relating to home
28 education programs and private schools on all applicable ad
29 hoc advisory bodies.
30 Section 28. Section 1001.22, Florida Statutes, is
31 created to read:
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1 1001.22 Commission for Independent Education.--The
2 Commission for Independent Education shall authorize granting
3 of certificates, diplomas, and degrees for independent
4 postsecondary educational institutions pursuant to chapter
5 1005.
6 Section 29. Section 1001.23, Florida Statutes, is
7 created to read:
8 1001.23 Specific powers and duties of the Department
9 of Education.--In addition to all other duties assigned to it
10 by law or by rule of the State Board of Education, the
11 department shall:
12 (1) Adopt the school readiness uniform screening
13 developed by the Florida Partnership for School Readiness, in
14 accordance with the criteria itemized in chapter 1008.
15 (2) Implement a training program to develop among
16 state and district educators a cadre of facilitators of school
17 improvement in accordance with the provisions of chapter 1008.
18 (3) Identify the needs of the state system of public
19 education as they relate to the development and production of
20 materials used in instruction, in accordance with the
21 requirements of chapter 1006.
22 (4) After complying with the provisions of s. 257.37,
23 the Department of Education may:
24 (a) Photograph, microphotograph, or reproduce on film
25 or prints, documents, records, data, and information of a
26 permanent character and destroy any of the documents after
27 they have been photographed and after audit of the department
28 has been completed for the period embracing the dates of the
29 instruments. Photographs or microphotographs in the form of
30 film or prints made in compliance with the provisions of this
31 subsection shall have the same force and effect as the
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1 originals would have, and shall be treated as originals for
2 the purpose of their admissibility in evidence. Duly certified
3 or authenticated reproductions of such photographs or
4 microphotographs shall be admitted in evidence equally with
5 the original photographs or microphotographs.
6 (b) Destroy general correspondence that is over 3
7 years old; records of bills, accounts, vouchers, and
8 requisitions that are over 5 years old and copies of which
9 have been filed with the Comptroller; and other records,
10 papers, and documents over 3 years old that do not serve as
11 part of an agreement or understanding and do not have value as
12 permanent records.
13 Section 30. Section 1001.24, Florida Statutes, is
14 created to read:
15 1001.24 Direct-support organization; use of property;
16 board of directors; audit.--
17 (1) DEFINITIONS.--For the purposes of this section,
18 the term:
19 (a) "Department of Education direct-support
20 organization" means an organization:
21 1. That is a corporation not for profit that is
22 incorporated under the provisions of chapter 617 and approved
23 by the Department of State.
24 2. That is organized and operated exclusively to
25 receive, hold, invest, and administer property and to make
26 expenditures to or for the benefit of public prekindergarten
27 through 12th grade education in this state.
28 3. That the State Board of Education, after review,
29 has certified to be operating in a manner consistent with the
30 goals and best interest of the Department of Education.
31
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1 (b) "Personal services" includes full-time or
2 part-time personnel, as well as payroll processing.
3 (2) USE OF PROPERTY.--The State Board of Education:
4 (a) May permit the use of property, facilities, and
5 personal services of the department by the direct-support
6 organization, subject to the provisions of this section.
7 (b) Shall prescribe by rule conditions with which the
8 direct-support organization must comply in order to use
9 property, facilities, or personal services of the department.
10 Such rules shall provide for budget and audit review and for
11 oversight by the department.
12 (c) Shall not permit the use of property, facilities,
13 or personal services of the direct-support organization if
14 such organization does not provide equal employment
15 opportunities to all persons, regardless of race, color,
16 national origin, sex, age, or religion.
17 (3) BOARD OF DIRECTORS.--The board of directors of the
18 department direct-support organization shall be appointed by
19 the commissioner and shall include representation from
20 business, industry, and other components of Florida's economy.
21 (4) ANNUAL AUDIT.--Each direct-support organization
22 shall provide for an annual financial audit of its accounts
23 and records to be conducted by an independent certified public
24 accountant in accordance with rules adopted by the Auditor
25 General pursuant to s. 11.45(8). The annual audit report shall
26 be submitted, within 9 months after the end of the fiscal
27 year, to the Auditor General for review. The Auditor General
28 and the Office of Program Policy Analysis and Government
29 Accountability shall have the authority to require and receive
30 from the organization or from its independent auditor any
31 records relative to the operation of the organization. The
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HB 2017, First Engrossed
1 identity of donors who desire to remain anonymous shall be
2 protected, and that anonymity shall be maintained in the
3 auditor's report. All records of the organization other than
4 the auditor's report, management letter, and any supplemental
5 data requested by the Auditor General and the Office of
6 Program Policy Analysis and Government Accountability shall be
7 confidential and exempt from the provisions of s. 119.07(1).
8 Section 31. Section 1001.25, Florida Statutes, is
9 created to read:
10 1001.25 Educational television.--
11 (1) ESTABLISHMENT AND UTILIZATION OF NETWORK.--The
12 department may establish a television network connecting such
13 communities or such stations as it designates. For this
14 purpose, it may lease facilities in the name of the state from
15 communications' common carriers and use such transmission
16 channels as are necessary; however, if the department decides,
17 upon investigation, that it could more economically construct
18 and maintain such transmission channels, it may design,
19 construct, operate, and maintain them, including a television
20 microwave network. The network shall be utilized primarily for
21 the instruction of students at existing and future public and
22 private educational institutions and of the general public, as
23 practical. The origination and transmission of all programs
24 over such networks shall be as directed under policies
25 approved by the State Board of Education. The department may
26 cooperate with and assist all local and state educational
27 agencies in making surveys pertaining to the use and economics
28 of educational television in the fields of primary,
29 elementary, secondary, or college level education and in the
30 field of adult education, and may assist all public agencies
31
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1 in the planning of programs calculated to further the
2 education of the state's citizens.
3 (2) POWERS OF DEPARTMENT.--
4 (a) The department may encourage:
5 1. The extension of educational television network
6 facilities.
7 2. The coordination of Florida's educational
8 television with that of other states and with the Federal
9 Government.
10 3. The further development of educational television
11 within the state.
12 (b) The department shall provide through educational
13 television and other electronic media a means of extending
14 educational services to all the state system of public
15 education, except the state universities, which provision by
16 the department is limited by paragraph (c) and by s.
17 1006.26(1). The department shall recommend to the State Board
18 of Education rules necessary to provide such services.
19 (c) The department may provide equipment, funds, and
20 other services to extend and update both the existing and the
21 proposed educational television and radio systems of
22 tax-supported and nonprofit, corporate-owned facilities. All
23 stations funded must be qualified by the Corporation for
24 Public Broadcasting. New stations eligible for funding shall
25 provide a first service to an audience that is not currently
26 receiving a broadcast signal or provide a significant new
27 program service as defined by State Board of Education rules.
28 Funds appropriated to the department for educational
29 television and funds appropriated to the department for
30 educational radio may be used by the department for either
31 educational television or educational radio, or both.
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1 (3) PROHIBITED USE, PENALTY.--
2 (a) None of the facilities, plant, or personnel of any
3 educational television system that is supported in whole or in
4 part by state funds shall be used directly or indirectly for
5 the promotion, advertisement, or advancement of any political
6 candidate for any municipal, county, legislative,
7 congressional, or state office. However, fair, open, and free
8 discussion between political candidates for municipal, county,
9 legislative, congressional, or state office may be permitted
10 in order to help materially reduce the excessive cost of
11 campaigns and to ensure that the state's citizens are fully
12 informed about issues and candidates in campaigns. The
13 provisions of this paragraph apply to the advocacy for, or
14 opposition to, any specific program, existing or proposed, of
15 governmental action which includes, but is not limited to,
16 constitutional amendments, tax referenda, and bond issues. The
17 provisions of this paragraph shall be in accordance with rules
18 of the State Board of Education.
19 (b) Violation of any prohibition contained in this
20 section is a misdemeanor of the second degree, punishable as
21 provided in s. 775.082 or s. 775.083.
22 (4) DUTY OF DEPARTMENT.--The department is responsible
23 for identifying the needs of the state system of public
24 education as they relate to the development and production of
25 materials used in instruction. When such identified needs are
26 considered to be best satisfied by the production of new
27 materials, the department may commission or contract for the
28 production of such materials.
29 Section 32. Section 1001.26, Florida Statutes, is
30 created to read:
31 1001.26 Public broadcasting program system.--
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1 (1) There is created a public broadcasting program
2 system for the state. The department shall administer this
3 program system pursuant to rules adopted by the State Board of
4 Education. This program system must complement and share
5 resources with the instructional programming service of the
6 Department of Education and educational UHF, VHF, ITFS, and FM
7 stations in the state. The program system must include:
8 (a) Support for existing Corporation for Public
9 Broadcasting qualified program system educational radio and
10 television stations and new stations meeting Corporation for
11 Public Broadcasting qualifications and providing a first
12 service to an audience that does not currently receive a
13 broadcast signal or providing a significant new program
14 service as defined by rule by the State Board of Education.
15 (b) Maintenance of quality broadcast capability for
16 educational stations that are part of the program system.
17 (c) Interconnection of all educational stations that
18 are part of the program system for simultaneous broadcast and
19 of such stations with all universities and other institutions
20 as necessary for sharing of resources and delivery of
21 programming.
22 (d) Establishment and maintenance of a capability for
23 statewide program distribution with facilities and staff,
24 provided such facilities and staff complement and strengthen
25 existing or future educational television and radio stations
26 in accordance with paragraph (a) and s. 1001.25(2)(c).
27 (e) Provision of both statewide programming funds and
28 station programming support for educational television and
29 educational radio to meet statewide priorities. Priorities for
30 station programming need not be the same as priorities for
31 programming to be used statewide. Station programming may
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1 include, but shall not be limited to, citizens' participation
2 programs, music and fine arts programs, coverage of public
3 hearings and governmental meetings, equal air time for
4 political candidates, and other public interest programming.
5 (2)(a) The Department of Education is responsible for
6 implementing the provisions of this section pursuant to part
7 III of chapter 287 and may employ personnel, acquire equipment
8 and facilities, and perform all duties necessary for carrying
9 out the purposes and objectives of this section.
10 (b) The department shall provide through educational
11 television and other electronic media a means of extending
12 educational services to all the state system of public
13 education. The department shall recommend to the State Board
14 of Education rules necessary to provide such services.
15 (c) The department is authorized to provide equipment,
16 funds, and other services to extend and update both the
17 existing and the proposed educational television and radio
18 systems of tax-supported and nonprofit, corporate-owned
19 facilities. All stations funded must be qualified by the
20 Corporation for Public Broadcasting. New stations eligible
21 for funding shall provide a first service to an audience that
22 is not currently receiving a broadcast signal or provide a
23 significant new program service as defined by State Board of
24 Education rules. Funds appropriated to the department for
25 educational television and funds appropriated to the
26 department for educational radio may be used by the department
27 for either educational television or educational radio, or for
28 both.
29 (3) The State Board of Education shall adopt rules for
30 the proper enforcement and carrying out of these provisions.
31
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1 Section 33. Section 1001.27, Florida Statutes, is
2 created to read:
3 1001.27 State satellite network.--
4 (1) There is created a state satellite network, which
5 shall provide one-way video and audio transmissions with
6 regional access for all Floridians, state agencies, county and
7 municipal governments, business and industry, and other public
8 and private entities to participate in classroom instruction,
9 continuing education, special events programs, and one-way
10 video teleconferencing.
11 (2) The network shall consist of compatible satellite
12 receiving equipment at public educational institutions in each
13 of the 28 community college regions.
14 (3) The department, in consultation with the
15 Department of Management Services, shall implement the
16 provisions of this section and coordinate the network.
17 Specifically, the department shall:
18 (a) Provide for technical analysis of suitable
19 existing satellite receiving equipment at Florida public
20 postsecondary institutions for inclusion in the network.
21 (b) Acquire by competitive sealed bid and place
22 appropriate receiving equipment in those community college
23 regions of the state in which such equipment is presently not
24 available at a public postsecondary educational institution.
25 (c) Develop an implementation plan that provides for
26 designation of a site in each community college region for
27 inclusion in the initial network. Criteria for selection
28 shall include:
29 1. Accessibility to a substantial portion of the
30 population of the region.
31
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HB 2017, First Engrossed
1 2. Demonstrated institutional commitment to support
2 and encourage use of the network both within the region and
3 statewide.
4 3. Willingness to complement state support with
5 matching institutional resources.
6 4. Evidence of cooperation and coordinated planning
7 with other postsecondary institutions in the region.
8 5. Availability of existing telecommunications
9 equipment which is compatible or adaptable for use in the
10 network.
11 (d) Identify additional sites for inclusion in the
12 network in the event that demand exceeds the capacity of the
13 initial network.
14 (e) Coordinate scheduling and encourage use of the
15 network.
16 (f) Develop operating procedures for the system and
17 recommend fee schedules for both public and private entities
18 wishing to transmit or receive programming through the
19 network. Scheduling procedures shall assign the highest
20 priority to educational programming.
21 (g) Provide training for institutional, state agency,
22 and other personnel in effective techniques for the use of the
23 network.
24 (h) Provide initial startup support for operations,
25 maintenance, and publicity costs of the network. Continuation
26 costs in these areas shall be recovered through user fees and
27 local resources.
28 (4) All audio components of this system that are not
29 transmitted simultaneously with video to a domestic satellite
30 shall be transmitted through common carriers regulated
31 pursuant to chapter 364.
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1 (5) The State Board of Education may adopt any rules
2 necessary for the implementation of this section.
3 (6) This section shall be implemented only to the
4 extent specifically authorized and funded by law.
5 Section 34. Section 1001.28, Florida Statutes, is
6 created to read:
7 1001.28 Distance learning duties.--The duties of the
8 Department of Education concerning distance learning include,
9 but are not limited to, the duty to:
10 (1) Facilitate the implementation of a statewide
11 coordinated system and resource system for cost-efficient
12 advanced telecommunications services and distance education
13 which will increase overall student access to education.
14 (2) Coordinate the use of existing resources,
15 including, but not limited to, the state's satellite
16 transponders on the education satellites, the SUNCOM Network,
17 the Florida Information Resource Network (FIRN), the
18 Department of Management Services, the Department of
19 Corrections, and the Department of Children and Family
20 Services' satellite communication facilities to support a
21 statewide advanced telecommunications services and distance
22 learning network.
23 (3) Assist in the coordination of the utilization of
24 the production and uplink capabilities available through
25 Florida's public television stations, eligible facilities,
26 independent colleges and universities, private firms, and
27 others as needed.
28 (4) Seek the assistance and cooperation of Florida's
29 cable television providers in the implementation of the
30 statewide advanced telecommunications services and distance
31 learning network.
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1 (5) Seek the assistance and cooperation of Florida's
2 telecommunications carriers to provide affordable student
3 access to advanced telecommunications services and to distance
4 learning.
5 (6) Coordinate partnerships for development,
6 acquisition, use, and distribution of distance learning.
7 (7) Secure and administer funding for programs and
8 activities for distance learning from federal, state, local,
9 and private sources and from fees derived from services and
10 materials.
11 (8) Manage the state's satellite transponder resources
12 and enter into lease agreements to maximize the use of
13 available transponder time. All net revenue realized through
14 the leasing of available transponder time, after deducting the
15 costs of performing the management function, shall be recycled
16 to support the public education distance learning in this
17 state based upon an allocation formula of one-third to the
18 Department of Education, one-third to community colleges, and
19 one-third to state universities.
20 (9) Hire appropriate staff which may include a
21 position that shall be exempt from part II of chapter 110 and
22 is included in the Senior Management Service in accordance
23 with s. 110.205.
24
25 Nothing in this section shall be construed to abrogate,
26 supersede, alter, or amend the powers and duties of any state
27 agency, district school board, community college board of
28 trustees, university board of trustees, or the State Board of
29 Education.
30
31
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1 Section 35. Part II of chapter 1001, Florida Statutes,
2 shall be entitled "School District Governance" and shall
3 consist of ss. 1001.30-1001.55.
4 Section 36. Section 1001.30, Florida Statutes, is
5 created to read:
6 1001.30 District unit.--Each county shall constitute a
7 school district and shall be known as the school district of
8 .... County, Florida. Each district shall constitute a unit
9 for the control, organization, and administration of schools.
10 The responsibility for the actual operation and administration
11 of all schools needed within the districts in conformity with
12 rules and minimum standards prescribed by the state, and also
13 the responsibility for the provision of any desirable and
14 practicable opportunities authorized by law beyond those
15 required by the state, are delegated by law to the school
16 officials of the respective districts.
17 Section 37. Section 1001.31, Florida Statutes, is
18 created to read:
19 1001.31 Scope of district system.--A district school
20 system shall include all public schools, classes, and courses
21 of instruction and all services and activities directly
22 related to education in that district which are under the
23 direction of the district school officials. A district school
24 system may also include alternative site schools for
25 disruptive or violent youth. Such schools for disruptive or
26 violent youth may be funded by each district or provided
27 through cooperative programs administered by a consortium of
28 school districts, private providers, state and local law
29 enforcement agencies, and the Department of Juvenile Justice.
30 Pursuant to cooperative agreement, a district school system
31 shall provide instructional personnel at juvenile justice
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1 facilities of 50 or more beds or slots with access to the
2 district school system database for the purpose of accessing
3 student academic, immunization, and registration records for
4 students assigned to the programs. Such access shall be in the
5 same manner as provided to other schools in the district.
6 Section 38. Section 1001.32, Florida Statutes, is
7 created to read:
8 1001.32 Management, control, operation,
9 administration, and supervision.--The district school system
10 must be managed, controlled, operated, administered, and
11 supervised as 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 (2) DISTRICT SCHOOL BOARD.--In accordance with the
22 provisions of s. 4(b) of Art. IX of the State Constitution,
23 district school boards shall operate, control, and supervise
24 all free public schools in their respective districts and may
25 exercise any power except as expressly prohibited by the State
26 Constitution or general law.
27 (3) DISTRICT SCHOOL SUPERINTENDENT.--Responsibility
28 for the administration and management of the schools and for
29 the supervision of instruction in the district shall be vested
30 in the district school superintendent as the secretary and
31
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1 executive officer of the district school board, as provided by
2 law.
3 (4) SCHOOL PRINCIPAL OR HEAD OF
4 SCHOOL.--Responsibility for the administration of any school
5 or schools at a given school center, for the supervision of
6 instruction therein, and for providing leadership in the
7 development or revision and implementation of a school
8 improvement plan required pursuant to s. 1001.42(16) shall be
9 delegated to the school principal or head of the school or
10 schools in accordance with rules established by the district
11 school board.
12 Section 39. Section 1001.33, Florida Statutes, is
13 created to read:
14 1001.33 Schools under control of district school board
15 and district school superintendent.--Except as otherwise
16 provided by law, all public schools conducted within the
17 district shall be under the direction and control of the
18 district school board with the district school superintendent
19 as executive officer.
20 Section 40. Part II.a. of chapter 1001, Florida
21 Statutes, shall be entitled "District School Boards" and shall
22 consist of ss. 1001.34-1001.452.
23 Section 41. Section 1001.34, Florida Statutes, is
24 created to read:
25 1001.34 Membership of district school board.--Each
26 district school board shall be composed of not less than five
27 members. Each member of the district school board shall be a
28 qualified elector of the district in which she or he serves,
29 shall be a resident of the district school board member
30 residence area from which she or he is elected, and shall
31 maintain said residency throughout her or his term of office.
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1 Section 42. Section 1001.35, Florida Statutes, is
2 created to read:
3 1001.35 Term of office.--District school board members
4 shall be elected at the general election in November for terms
5 of 4 years.
6 Section 43. Section 1001.36, Florida Statutes, is
7 created to read:
8 1001.36 District school board member residence
9 areas.--
10 (1) For the purpose of electing district school board
11 members, each district shall be divided into at least five
12 district school board member residence areas, which shall be
13 numbered one to five, inclusive, and which shall, as nearly as
14 practicable, be equal in population.
15 (a) For those school districts, which have seven
16 district school board members, the district may be divided
17 into five district school board member residence areas, with
18 two district school board members elected at large, or the
19 district may be divided into seven district school board
20 member residence areas. In the latter case, the residence
21 areas shall be numbered one to seven inclusive and shall be
22 equal in population as nearly as practicable.
23 (b) For those school districts which have seven
24 district school board members, the number of district school
25 board member residence areas shall be determined by resolution
26 passed by a majority vote of the district school board.
27 (2) Any district school board may make any change that
28 it deems necessary in the boundaries of any district school
29 board member residence area at any meeting of the district
30 school board, provided that such changes shall be made only in
31 odd-numbered years and that no change that would affect the
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1 residence qualifications of any incumbent member shall
2 disqualify such incumbent member during the term for which he
3 or she is elected.
4 (3) Such changes in boundaries shall be shown by
5 resolutions spread upon the minutes of the district school
6 board, shall be recorded in the office of the clerk of the
7 circuit court, and shall be published at least once in a
8 newspaper published in the district within 30 days after the
9 adoption of the resolution, or, if there be no newspaper
10 published in the district, shall be posted at the county
11 courthouse door for 4 weeks thereafter. A certified copy of
12 this resolution shall be transmitted to the Department of
13 State.
14 Section 44. Section 1001.361, Florida Statutes, is
15 created to read:
16 1001.361 Election of board by districtwide
17 vote.--Notwithstanding any provision of local law or any
18 county charter, the election of members of the district school
19 board shall be by vote of the qualified electors of the entire
20 district in a nonpartisan election as provided in chapter 105.
21 Each candidate for district school board member shall, at the
22 time she or he qualifies, be a resident of the district school
23 board member residence area from which the candidate seeks
24 election. Each candidate who qualifies to have her or his name
25 placed on the ballot shall be listed according to the district
26 school board member residence area in which she or he resides.
27 Each qualified elector of the district shall be entitled to
28 vote for one candidate from each district school board member
29 residence area. The candidate from each district school board
30 member residence area who receives the highest number of votes
31
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1 in the general election shall be elected to the district
2 school board.
3 Section 45. Section 1001.362, Florida Statutes, is
4 created to read:
5 1001.362 Alternate procedure for the election of
6 district school board members to provide for single-member
7 representation.--
8 (1) This section shall be known and may be referred to
9 as "The School District Local Option Single-Member
10 Representation Law of 1984."
11 (2) District school board members shall be elected to
12 office in accordance with the provisions of ss. 1001.36 and
13 1001.361, or as otherwise provided by law, unless a
14 proposition calling for single-member representation within
15 the residence areas of the district is submitted to and
16 approved by a majority of the qualified electors voting on
17 such proposition in the manner provided in subsection (3).
18 (a) If the district school board is composed of five
19 members, such proposition shall provide that the five members
20 shall reside one in each of five residence areas, the areas
21 together covering the entire district and as nearly equal in
22 population as practicable, pursuant to s. 1001.36, each of
23 whom shall be elected only by the qualified electors who
24 reside in the same residence area as the member.
25 (b) If the district school board is composed of seven
26 members, at the option of the school board, such proposition
27 shall provide that:
28 1. Five of the seven members shall reside one in each
29 of five residence areas, the areas together covering the
30 entire district and as nearly equal in population as
31 practicable, pursuant to s. 1001.36, each of whom shall be
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1 elected only by the qualified electors who reside in the same
2 residence area as the member, and two of the seven members
3 shall be elected at large; or
4 2. All seven members shall reside one in each of seven
5 residence areas, the areas together covering the entire
6 district and as nearly equal in population as practicable,
7 pursuant to s. 1001.36, each of whom shall be elected only by
8 the qualified electors who reside in the same residence area
9 as the member.
10 (c) All members shall be elected for 4-year terms, but
11 such terms shall be staggered so that, alternately, one more
12 or one less than half of the members elected from residence
13 areas and, if applicable, one of the members elected at large
14 from the entire district are elected every 2 years. Any
15 member may be elected to an initial term of less than 4 years
16 if necessary to achieve or maintain such system of staggered
17 terms.
18 (3) A proposition calling for single-member
19 representation within the residence areas of the district
20 shall be submitted to the electors of the district at any
21 primary, general, or otherwise-called special election, in
22 either manner following:
23 (a) The district school board may adopt a formal
24 resolution directing an election to be held to place the
25 proposition on the ballot.
26 (b) The electors of the school district may petition
27 to have the proposition placed on the ballot by presenting to
28 the school board petitions signed by not less than 10 percent
29 of the duly qualified electors residing within the school
30 district. The number of signatures required shall be
31 determined by the supervisor of elections according to the
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1 number of registered electors in the district as of the date
2 the petitioning electors register as a political committee as
3 provided in subsection (4).
4 (4) The electors petitioning to have the proposition
5 placed on the ballot shall register as a political committee
6 pursuant to s. 106.03, and a specific person shall be
7 designated therein as chair of the committee to act for the
8 committee.
9 (5)(a) Each petition form circulated for single-member
10 representation within the residence areas of a district where
11 the school board is composed of five members shall include the
12 wording: "As a registered elector of the school district of
13 .... County, Florida, I am petitioning for a referendum
14 election to determine whether the five school board members of
15 said district shall be elected from single-member residence
16 areas by electors residing in each of those areas only."
17 (b) Each petition form circulated for single-member
18 representation within the residence areas of a district where
19 the district school board is composed of seven members, none
20 of whom are to be elected at large, shall include the wording:
21 "As a registered elector of the school district of ....
22 County, Florida, I am petitioning for a referendum election to
23 determine whether the seven members of said district shall be
24 elected from single-member residence areas by electors
25 residing in each of those areas only."
26 (c) Each petition form circulated for single-member
27 representation within the residence areas of a district where
28 the school board is composed of seven members, two of whom are
29 to be elected at large, shall include the wording: "As a
30 registered elector of the school district of .... County,
31 Florida, I am petitioning for a referendum election to
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1 determine whether five of the seven district school board
2 members of said district shall be elected from single-member
3 residence areas by electors residing in each of those areas
4 only, with the two remaining members being elected at large."
5
6 The petition shall also include space for the signature and
7 address of the elector. Each signature obtained shall be
8 dated when made and is valid for a period of 4 years following
9 that date.
10 (6) Upon the filing of the petitions with the district
11 school board by the chair of the committee, the district
12 school board shall submit the petitions to the supervisor of
13 elections for verification of the signatures. Within a period
14 of not more than 30 days, the supervisor of elections shall
15 determine whether the petitions contain the required number of
16 valid signatures. The supervisor of elections shall be paid
17 by the committee seeking verification the sum of 10 cents for
18 each name checked.
19 (7) If it is determined that the petitions have the
20 required signatures, the supervisor of elections shall certify
21 the petitions to the district school board, which shall adopt
22 a resolution requesting that an election date be set to
23 conform to the earliest primary, general, or otherwise-called
24 special election that occurs not less than 30 days after
25 certification of the petitions. If it is determined that the
26 petitions do not contain the required signatures, the
27 supervisor of elections shall so notify the district school
28 board, which shall file the petitions without taking further
29 action, and the matter shall be at an end. No additional names
30 may be added to the petitions, and the petitions may not be
31 used in any other proceeding.
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1 (8) No special election may be called for the sole
2 purpose of presenting the proposition to the vote of the
3 electors.
4 (9) Any district adopting any of the propositions set
5 forth in this section may thereafter return to the procedures
6 otherwise provided by law by following the same procedure
7 outlined in subsection (3).
8 (10) No district school board member elected prior to
9 or at the election that approves any revision as permitted
10 herein shall be affected in his or her term of office. The
11 resolution adopted by the district school board under
12 paragraph (3)(a) or subsection (7) which presents the proposed
13 revision to the electorate for approval shall specify an
14 orderly method and procedure for implementing the revision
15 contemplated in the resolution.
16 Section 46. Section 1001.363, Florida Statutes, is
17 created to read:
18 1001.363 District school board members to represent
19 entire district.--Each district school board of each district
20 shall represent the entire district. Each member of the
21 district school board shall serve as the representative of the
22 entire district, rather than as the representative of a
23 district school board member residence area.
24 Section 47. Section 1001.37, Florida Statutes, is
25 created to read:
26 1001.37 District school board members shall
27 qualify.--Before entering upon the duties of office after
28 being elected, or, if appointed, within 10 days after
29 receiving notice of appointment, each member of the district
30 school board shall take the prescribed oath of office.
31
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1 Section 48. Section 1001.371, Florida Statutes, is
2 created to read:
3 1001.371 Organization of district school board.--On
4 the third Tuesday after the first Monday in November of each
5 year, the district school board shall organize by electing a
6 chair. It may elect a vice chair, and the district school
7 superintendent shall act ex officio as the secretary. If a
8 vacancy should occur in the position of chair, the district
9 school board shall proceed to elect a chair at the next
10 ensuing regular or special meeting. At the organization
11 meeting, the district school superintendent shall act as chair
12 until the organization is completed. The chair and secretary
13 shall then make and sign a copy of the proceedings of
14 organization, including the schedule for regular meetings and
15 the names and addresses of all district school officers, and
16 annex their affidavits that the same is a true and correct
17 copy of the original, and the secretary shall file the
18 document within 2 weeks with the Department of Education.
19 Section 49. Section 1001.372, Florida Statutes, is
20 created to read:
21 1001.372 District school board meetings.--
22 (1) REGULAR AND SPECIAL MEETINGS.--The district school
23 board shall hold not less than one regular meeting each month
24 for the transaction of business according to a schedule
25 arranged by the district school board and shall convene in
26 special sessions when called by the district school
27 superintendent or by the district school superintendent on
28 request of the chair of the district school board, or on
29 request of a majority of the members of the district school
30 board; provided that actions taken at special meetings shall
31 have the same force and effect as if taken at a regular
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1 meeting; and provided further that in the event the district
2 school superintendent should fail to call a special meeting
3 when requested to do so, as prescribed herein, such a meeting
4 may be called by the chair of the district school board or by
5 a majority of the members of the district school board by
6 giving 2 days' written notice of the time and purpose of the
7 meeting to all members and to the district school
8 superintendent, in which event the minutes of the meeting
9 shall set forth the facts regarding the procedure in calling
10 the meeting and the reason therefor and shall be signed either
11 by the chair or by a majority of the members of the district
12 school board.
13 (2) PLACE OF MEETINGS.--
14 (a) Except as provided in paragraph (b), all regular
15 and special meetings of the district school board shall be
16 held in the office of the district school superintendent or in
17 a room convenient to that office and regularly designated as
18 the district school board meeting room.
19 (b) Upon the giving of due public notice, regular or
20 special meetings of the district school board may be held at
21 any appropriate public place in the county.
22 (c) For purpose of this section, due public notice
23 shall consist of publication in a newspaper of general
24 circulation in the county or in each county where there is no
25 newspaper of general circulation in the county an announcement
26 over at least one radio station whose signal is generally
27 received in the county, a reasonable number of times daily
28 during the 48 hours immediately preceding the date of such
29 meeting, or by posting a notice at the courthouse door if no
30 newspaper is published in the county, at least 2 days prior to
31 the meeting.
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1 (3) REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
2 presiding officer of any district school board may order the
3 removal, from a public meeting held by the district school
4 board, of any person interfering with the expeditious or
5 orderly process of such meeting, provided such officer has
6 first issued a warning that continued interference with the
7 orderly processes of the meeting will result in removal. Any
8 law enforcement authority or a sergeant-at-arms designated by
9 the officer shall remove any person ordered removed pursuant
10 to this section.
11 (4) MAJORITY A QUORUM.--A majority shall constitute a
12 quorum for any meeting of the district school board. No
13 business may be transacted at any meeting unless a quorum is
14 present, except that a minority of the district school board
15 may adjourn the meeting from time to time until a quorum is
16 present.
17 Section 50. Section 1001.38, Florida Statutes, is
18 created to read:
19 1001.38 Vacancies; how filled.--The office of any
20 district school board member shall be vacant when the member
21 removes his or her residence from the district school board
22 member residence area from which he or she was elected. All
23 vacancies on the district school board shall be filled by
24 appointment by the Governor.
25 Section 51. Section 1001.39, Florida Statutes, is
26 created to read:
27 1001.39 District school board members; travel
28 expenses.--
29 (1) In addition to the salary provided in s. 1001.395,
30 each member of a district school board shall be allowed, from
31 the district school fund, reimbursement of travel expenses as
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1 authorized in s. 112.061, except as provided in subsection
2 (2). Any travel outside the district shall also be governed
3 by the rules of the State Board of Education.
4 (2) Each district school board may reimburse a
5 district school board member for travel expenses for travel
6 from the member's residence incurred in the performance of a
7 public purpose authorized by law to be performed by the
8 district school board, including, but not limited to,
9 attendance at regular and special board meetings. Mileage
10 allowance in the amount provided by law for reimbursement of
11 travel expenses, when authorized, shall be computed from the
12 member's place of residence to the place of the meeting or
13 function and return.
14 Section 52. Effective upon this act becoming a law,
15 section 1001.395, Florida Statutes, is created to read:
16 1001.395 District school board members;
17 compensation.--
18 (1) Each district school board shall determine the
19 salary of its members at its first regular public meeting in
20 October of each year. The salary shall be set at any amount
21 up to but not more than the lowest entry-level bachelor's
22 degree step on the teacher pay scale in the district or the
23 current salary of the district school board member, whichever
24 is less. The proposed salary to be adopted shall be noticed
25 at the time of the meeting notice and shall not be increased
26 during the public meeting. The salary adopted by the district
27 school board shall be in effect during the succeeding 12
28 months.
29 (2) This section shall apply to members of the
30 district school board elected on or after November 2002.
31
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1 Section 53. Section 1001.40, Florida Statutes, is
2 created to read:
3 1001.40 District school board to constitute a
4 corporation.--The governing body of each school district shall
5 be a district school board. Each district school board is
6 constituted a body corporate by the name of "The School Board
7 of .... County, Florida." In all suits against district
8 school boards, service of process shall be had on the chair of
9 the district school board or, if he or she cannot be found, on
10 the district school superintendent as executive officer of the
11 district school board or, in the absence of the chair and the
12 district school superintendent, on another member of the
13 district school board.
14 Section 54. Section 1001.41, Florida Statutes, is
15 created to read:
16 1001.41 General powers of district school board.--The
17 district school board, after considering recommendations
18 submitted by the district school superintendent, shall
19 exercise the following general powers:
20 (1) Determine policies and programs consistent with
21 state law and rule deemed necessary by it for the efficient
22 operation and general improvement of the district school
23 system.
24 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54
25 to implement the provisions of law conferring duties upon it
26 to supplement those prescribed by the State Board of Education
27 and the Commissioner of Education.
28 (3) Prescribe and adopt standards as are considered
29 desirable by it for improving the district school system.
30
31
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1 (4) Contract, sue, and be sued. The district school
2 board shall constitute the contracting agent for the district
3 school system.
4 (5) Perform duties and exercise those responsibilities
5 that are assigned to it by law or by rules of the State Board
6 of Education or the Commissioner of Education and, in addition
7 thereto, those that it may find to be necessary for the
8 improvement of the district school system in carrying out the
9 purposes and objectives of the education code.
10 (6) Assign students to schools.
11 (7) Enter into agreements for accepting credit card,
12 charge card, and debit card payments as compensation for
13 goods, services, tuition, and fees, as authorized by law.
14 Section 55. Section 1001.42, Florida Statutes, is
15 created to read:
16 1001.42 Powers and duties of district school
17 board.--The district school board, acting as a board, shall
18 exercise all powers and perform all duties listed below:
19 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require
20 the district school superintendent, as secretary, to keep such
21 minutes and records as are necessary to set forth clearly all
22 actions and proceedings of the school board.
23 (a) Minutes, recording.--The minutes of each meeting
24 shall be reviewed, corrected if necessary, and approved at the
25 next regular meeting, provided that this action may be taken
26 at an intervening special meeting if the district school board
27 desires. The minutes shall be kept as a public record in a
28 permanent location.
29 (b) Minutes, contents.--The minutes shall show the
30 vote of each member present on all matters on which the
31 district school board takes action. It shall be the duty of
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1 each member to see to it that both the matter and his or her
2 vote thereon are properly recorded in the minutes. Unless
3 otherwise shown by the minutes, it shall be presumed that the
4 vote of each member present supported any action taken by the
5 district school board in either the exercise of, violation of,
6 or neglect of the powers and duties imposed upon the district
7 school board by law or rule, whether such action is recorded
8 in the minutes or is otherwise established. It shall also be
9 presumed that the policies, appointments, programs, and
10 expenditures not recorded in the minutes but made and actually
11 in effect in the district school system were made and put into
12 effect at the direction of the district school board, unless
13 it can be shown that they were done without the actual or
14 constructive knowledge of the members of the district school
15 board.
16 (2) CONTROL PROPERTY.--Subject to rules of the State
17 Board of Education, control property and convey the title to
18 real and personal property.
19 (3) ADOPT SCHOOL PROGRAM.--Adopt a school program for
20 the entire school district.
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, including, but not limited to, the following:
25 (a) Schools and enrollment plans.--Establish schools
26 and adopt enrollment plans that may include school attendance
27 areas and open enrollment provisions.
28 (b) Elimination of school centers and consolidation of
29 schools.--Provide for the elimination of school centers and
30 the consolidation of schools.
31
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1 (c) Adequate educational facilities for all children
2 without tuition.--Provide adequate educational facilities for
3 all children without payment of tuition.
4 (d) Cooperate with school boards of adjoining
5 districts in maintaining schools.--Approve plans for
6 cooperating with school boards of adjoining districts in this
7 state or in adjoining states for establishing school
8 attendance areas composed of territory lying within the
9 districts and for the joint maintenance of district-line
10 schools or other schools which are to serve those attendance
11 areas. The conditions of such cooperation shall be as
12 follows:
13 1. Establishment.--The establishment of a school to
14 serve attendance areas lying in more than one district and the
15 plans for maintaining the school and providing educational
16 services to students shall be effected by annual resolutions
17 spread upon the minutes of each district school board
18 concerned, which resolutions shall set out the territorial
19 limits of the areas from which children are to attend the
20 school and the plan to be followed in maintaining and
21 operating the school.
22 2. Control.--Control of the school or schools involved
23 shall be vested in the district school board of the district
24 in which the school or schools are located unless otherwise
25 agreed by the district school boards.
26 3. Settlement of disagreements.--In the event an
27 agreement cannot be reached relating to such attendance areas
28 or to the school or schools therein, the matter may be
29 referred jointly by the cooperating district school boards or
30 by either district school board to the Department of Education
31
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1 for decision under rules of the State Board of Education, and
2 its decision shall be binding on both school boards.
3 (e) Classification and standardization of
4 schools.--Provide for the classification and standardization
5 of schools.
6 (f) Opening and closing of schools; fixing uniform
7 date.--Adopt policies for the opening and closing of schools
8 and fix uniform dates.
9 (g) Observance of school holidays and vacation
10 periods.--Designate the observance of school holidays and
11 vacation periods.
12 (h) Career and technical classes and schools.--Provide
13 for the establishment and maintenance of career and technical
14 schools, departments, or classes, giving instruction in career
15 and technical education as defined by rules of the State Board
16 of Education, and use any moneys raised by public taxation in
17 the same manner as moneys for other school purposes are used
18 for the maintenance and support of public schools or classes.
19 (i) District school boards may establish public
20 evening schools.--Have the authority to establish public
21 evening schools.
22 (j) Cooperate with other agencies in joint
23 projects.--Cooperate with other agencies in joint projects.
24 (k) Planning time for teachers.--The district school
25 board may adopt rules for planning time for teachers in
26 accordance with the provisions of chapter 1012.
27 (l) Exceptional students.--Provide for an appropriate
28 program of special instruction, facilities, and services for
29 exceptional students as prescribed by the State Board of
30 Education as acceptable in accordance with the provisions of
31 s. 1003.57.
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1 (m) Alternative education programs for students in
2 residential care facilities.--Provide in accordance with the
3 provisions of chapter 1006, educational programs according to
4 rules of the State Board of Education to students who reside
5 in residential care facilities operated by the Department of
6 Children and Family Services.
7 (n) Educational services in detention facilities.--In
8 accordance with the provisions of chapter 1006, district
9 school boards shall offer services to students in detention
10 facilities.
11 (5) PERSONNEL.--Designate positions to be filled,
12 prescribe qualifications for those positions, and provide for
13 the appointment, compensation, promotion, suspension, and
14 dismissal of employees, subject to the requirements of chapter
15 1012. Notwithstanding s. 1012.55 or any other provision of law
16 or rule to the contrary, the district school board may,
17 consistent with adopted district school board policy relating
18 to alternative certification for school principals, appoint
19 persons to the position of school principal who do not hold
20 educator certification.
21 (6) CHILD WELFARE.--In accordance with the provisions
22 of chapters 1003 and 1006, provide for the proper accounting
23 for all children of school age, for the attendance and control
24 of students at school, and for proper attention to health,
25 safety, and other matters relating to the welfare of children.
26 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
27 MATERIALS.--Provide adequate instructional materials for all
28 students in accordance with the requirements of chapter 1006.
29 (8) TRANSPORTATION OF STUDENTS.--After considering
30 recommendations of the district school superintendent, make
31 provision for the transportation of students to the public
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1 schools or school activities they are required or expected to
2 attend; authorize transportation routes arranged efficiently
3 and economically; provide the necessary transportation
4 facilities, and, when authorized under rules of the State
5 Board of Education and if more economical to do so, provide
6 limited subsistence in lieu thereof; and adopt the necessary
7 rules and regulations to ensure safety, economy, and
8 efficiency in the operation of all buses, as prescribed in
9 chapter 1006.
10 (9) SCHOOL PLANT.--Approve plans for locating,
11 planning, constructing, sanitating, insuring, maintaining,
12 protecting, and condemning school property as prescribed in
13 chapter 1013 and as follows:
14 (a) School building program.--Approve and adopt a
15 districtwide school building program.
16 (b) Sites, buildings, and equipment.--
17 1. Select and purchase school sites, playgrounds, and
18 recreational areas located at centers at which schools are to
19 be constructed, of adequate size to meet the needs of
20 projected students to be accommodated.
21 2. Approve the proposed purchase of any site,
22 playground, or recreational area for which district funds are
23 to be used.
24 3. Expand existing sites.
25 4. Rent buildings when necessary.
26 5. Enter into leases or lease-purchase arrangements,
27 in accordance with the requirements and conditions provided in
28 s. 1013.15(2), with private individuals or corporations for
29 the rental of necessary grounds and educational facilities for
30 school purposes or of educational facilities to be erected for
31 school purposes. Current or other funds authorized by law may
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1 be used to make payments under a lease-purchase agreement.
2 Notwithstanding any other statutes, if the rental is to be
3 paid from funds received from ad valorem taxation and the
4 agreement is for a period greater than 12 months, an approving
5 referendum must be held. The provisions of such contracts,
6 including building plans, shall be subject to approval by the
7 Department of Education, and no such contract shall be entered
8 into without such approval. As used in this section,
9 "educational facilities" means the buildings and equipment
10 that are built, installed, or established to serve educational
11 purposes and that may lawfully be used. The State Board of
12 Education may adopt such rules as are necessary to implement
13 these provisions.
14 6. Provide for the proper supervision of construction.
15 7. Make or contract for additions, alterations, and
16 repairs on buildings and other school properties.
17 8. Ensure that all plans and specifications for
18 buildings provide adequately for the safety and well-being of
19 students, as well as for economy of construction.
20 (c) Maintenance and upkeep of school plant.--Provide
21 adequately for the proper maintenance and upkeep of school
22 plants, so that students may attend school without sanitary or
23 physical hazards, and provide for the necessary heat, lights,
24 water, power, and other supplies and utilities necessary for
25 the operation of the schools.
26 (d) Insurance of school property.--Carry insurance on
27 every school building in all school plants including contents,
28 boilers, and machinery, except buildings of three classrooms
29 or less that are of frame construction and located in a tenth
30 class public protection zone as defined by the Florida
31 Inspection and Rating Bureau, and on all school buses and
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1 other property under the control of the district school board
2 or title to which is vested in the district school board,
3 except as exceptions may be authorized under rules of the
4 State Board of Education.
5 (e) Condemnation of buildings.--Condemn and prohibit
6 the use for public school purposes of any building that can be
7 shown for sanitary or other reasons to be no longer suitable
8 for such use and, when any building is condemned by any state
9 or other government agency as authorized in chapter 1013, see
10 that it is no longer used for school purposes.
11 (10) FINANCE.--Take steps to assure students adequate
12 educational facilities through the financial procedure
13 authorized in chapters 1010 and 1011 and as prescribed below:
14 (a) Provide for all schools to operate at least 180
15 days.--Provide for the operation of all public schools, both
16 elementary and secondary, as free schools for a term of at
17 least 180 days or the equivalent on an hourly basis as
18 specified by rules of the State Board of Education; determine
19 district school funds necessary in addition to state funds to
20 operate all schools for such minimum term; and arrange for the
21 levying of district school taxes necessary to provide the
22 amount needed from district sources.
23 (b) Annual budget.--Cause to be prepared, adopt, and
24 have submitted to the Department of Education as required by
25 law and rules of the State Board of Education, the annual
26 school budget, such budget to be so prepared and executed as
27 to promote the improvement of the district school system.
28 (c) Tax levies.--Adopt and spread on its minutes a
29 resolution fixing the district school tax levy, provided for
30 under s. 9, Art. VII of the State Constitution, necessary to
31 carry on the school program adopted for the district for the
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1 next ensuing fiscal year as required by law, and fixing the
2 district bond interest and sinking fund tax levy necessary for
3 districts against which bonds are outstanding; and adopt and
4 spread on its minutes a resolution suggesting the tax levy
5 provided for in s. 9, Art. VII of the State Constitution,
6 found necessary to carry on the school program adopted for the
7 district for the next ensuing fiscal year.
8 (d) School funds.--Require that an accurate account is
9 kept of all funds that should be transmitted to the district
10 school board for school purposes at various periods during the
11 year from all sources and, if any funds are not transmitted
12 promptly, take the necessary steps to have such funds made
13 available.
14 (e) Borrow money.--Borrow money, as prescribed in ss.
15 1011.12-1011.16, when necessary in anticipation of funds
16 reasonably to be expected during the year as shown by the
17 budget.
18 (f) Financial records and accounts.--Provide for
19 keeping of accurate records of all financial transactions.
20 (g) Approval and payment of accounts.--Implement a
21 system of accounting and budgetary control to ensure that
22 payments do not exceed amounts budgeted, as required by law;
23 make available all records for proper audit by state
24 officials; and have prepared required periodic statements to
25 be filed with the Department of Education as provided by rules
26 of the State Board of Education.
27 (h) Bonds of employees.--Fix and prescribe the bonds,
28 and pay the premium on all such bonds, of all school employees
29 who are responsible for school funds in order to provide
30 reasonable safeguards for all such funds or property.
31
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1 (i) Contracts for materials, supplies, and
2 services.--Contract for materials, supplies, and services
3 needed for the district school system. No contract for
4 supplying these needs shall be made with any member of the
5 district school board, with the district school
6 superintendent, or with any business organization in which any
7 district school board member or the district school
8 superintendent has any financial interest whatsoever.
9 (j) Purchasing regulations to be secured from
10 Department of Management Services.--Secure purchasing
11 regulations and amendments and changes thereto from the
12 Department of Management Services and prior to any purchase
13 have reported to it by its staff, and give consideration to
14 the lowest price available to it under such regulations,
15 provided a regulation applicable to the item or items being
16 purchased has been adopted by the department. The department
17 should meet with educational administrators to expand the
18 inventory of standard items for common usage in all schools
19 and postsecondary educational institutions.
20 (k) Protection against loss.--Provide for adequate
21 protection against any loss or damage to school property or
22 loss resulting from any liability for which the district
23 school board or its officers, agents, or employees may be
24 responsible under law. In fulfilling this responsibility, the
25 district school board may purchase insurance, to be
26 self-insured, to enter into risk management programs managed
27 by district school boards, school-related associations, or
28 insurance companies, or to have any combination thereof in any
29 area to the extent the district school board is either
30 authorized or required by law to contract for insurance. Any
31 risk management program entered into pursuant to this
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1 subsection shall provide for strict accountability of all
2 funds to the member district school boards and an annual audit
3 by an independent certified public accountant of all receipts
4 and disbursements.
5 (l) Internal auditor.--The district school board may
6 employ an internal auditor to perform ongoing financial
7 verification of the financial records of the school district.
8 The internal auditor shall report directly to the district
9 school board or its designee.
10 (m) Financial and performance audits.--In addition to
11 the audits required by ss. 11.45 and 218.39, the district
12 school board may contract with an independent certified public
13 accountant to conduct a financial or performance audit of its
14 accounts and records retained by it and paid from its public
15 funds.
16 (11) RECORDS AND REPORTS.--Provide for the keeping of
17 all necessary records and the making of all needed or required
18 reports, as follows:
19 (a) Forms, blanks, and reports.--Require all employees
20 to keep accurately all records and to make promptly in the
21 proper form all reports required by law or by rules of the
22 State Board of Education.
23 (b) Reports to the department.--Require that the
24 district school superintendent prepare all reports to the
25 Department of Education that may be required by law or rules
26 of the State Board of Education; see that all such reports are
27 promptly transmitted to the department; withhold the further
28 payment of salary to the superintendent or employee when
29 notified by the department that he or she has failed to file
30 any report within the time or in the manner prescribed; and
31 continue to withhold the salary until the district school
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1 board is notified by the department that such report has been
2 received and accepted, provided that when any report has not
3 been received by the date due and after due notice has been
4 given to the district school board of that fact, the
5 department, if it deems necessary, may require the report to
6 be prepared by a member of its staff, and the district school
7 board shall pay all expenses connected therewith. Any member
8 of the district school board who is responsible for the
9 violation of this provision is subject to suspension and
10 removal.
11 (c) Reports to parents.--Require that, at regular
12 intervals, reports are made by school principals or teachers
13 to parents, apprising them of the progress being made by the
14 students in their studies and giving other needful
15 information.
16 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
17 BOARDS.--May establish and participate in educational
18 consortia that are designed to provide joint programs and
19 services to cooperating school districts, consistent with the
20 provisions of s. 4(b), Art. IX of the State Constitution. The
21 State Board of Education shall adopt rules providing for the
22 establishment, funding, administration, and operation of such
23 consortia.
24 (13) ENFORCEMENT OF LAW AND RULES.--Require that all
25 laws and rules of the State Board of Education or of the
26 district school board are properly enforced.
27 (14) SCHOOL LUNCH PROGRAM.--Assume such
28 responsibilities and exercise such powers and perform such
29 duties as may be assigned to it by law or as may be required
30 by rules of the State Board of Education or, as in the opinion
31 of the district school board, are necessary to ensure school
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1 lunch services, consistent with needs of students; effective
2 and efficient operation of the program; and the proper
3 articulation of the school lunch program with other phases of
4 education in the district.
5 (15) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT
6 PROGRAM.--
7 (a) Adopt procedures whereby the general public can be
8 adequately informed of the educational programs, needs, and
9 objectives of public education within the district, including
10 educational opportunities available through the Florida
11 Virtual School.
12 (b) Encourage teachers and administrators to keep
13 parents informed of student progress, student programs,
14 student attendance requirements pursuant to ss. 1003.26,
15 1003.27, 414.1251, and 984.151, and availability of resources
16 for academic assistance.
17 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
18 ACCOUNTABILITY.--Maintain a system of school improvement and
19 education accountability as provided by statute and State
20 Board of Education rule. This system of school improvement and
21 education accountability shall be consistent with, and
22 implemented through, the district's continuing system of
23 planning and budgeting required by this section and ss.
24 1008.385, 1010.01, and 1011.01. This system of school
25 improvement and education accountability shall include, but is
26 not limited to, the following:
27 (a) School improvement plans.--Annually approve and
28 require implementation of a new, amended, or continuation
29 school improvement plan for each school in the district,
30 except that a district school board may establish a district
31 school improvement plan that includes all schools in the
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1 district operating for the purpose of providing educational
2 services to youth in Department of Juvenile Justice programs.
3 Such plan shall be designed to achieve the state education
4 priorities pursuant to s. 1000.03(5) and student performance
5 standards. Each plan shall also address issues relative to
6 budget, training, instructional materials, technology,
7 staffing, student support services, specific school safety and
8 discipline strategies, and other matters of resource
9 allocation, as determined by district school board policy, and
10 shall be based on an analysis of student achievement and other
11 school performance data.
12 (b) Approval process.--Develop a process for approval
13 of a school improvement plan presented by an individual school
14 and its advisory council. In the event a district school board
15 does not approve a school improvement plan after exhausting
16 this process, the Department of Education shall be notified of
17 the need for assistance.
18 (c) Assistance and intervention.--
19 1. Develop a 2-year plan of increasing individualized
20 assistance and intervention for each school in danger of not
21 meeting state standards or making adequate progress, as
22 defined pursuant to statute and State Board of Education rule,
23 toward meeting the goals and standards of its approved school
24 improvement plan.
25 2. Provide assistance and intervention to a school
26 that is identified as being in performance grade category "D"
27 pursuant to s. 1008.34 and is in danger of failing.
28 3. Develop a plan to encourage teachers with
29 demonstrated mastery in improving student performance to
30 remain at or transfer to a school designated as performance
31 grade category "D" or "F" or to an alternative school that
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1 serves disruptive or violent youths. If a classroom teacher,
2 as defined by s. 1012.01(2)(a), who meets the definition of
3 teaching mastery developed according to the provisions of this
4 paragraph, requests assignment to a school designated as
5 performance grade category "D" or "F" or to an alternative
6 school that serves disruptive or violent youths, the district
7 school board shall make every practical effort to grant the
8 request.
9 4. Prioritize, to the extent possible, the
10 expenditures of funds received from the supplemental academic
11 instruction categorical fund under s. 1011.62(1)(f) to improve
12 student performance in schools that receive a performance
13 grade category designation of "D" or "F."
14 (d) After 2 years.--Notify the Commissioner of
15 Education and the State Board of Education in the event any
16 school does not make adequate progress toward meeting the
17 goals and standards of a school improvement plan by the end of
18 2 years of failing to make adequate progress and proceed
19 according to guidelines developed pursuant to statute and
20 State Board of Education rule. School districts shall provide
21 intervention and assistance to schools in danger of being
22 designated as performance grade category "F," failing to make
23 adequate progress.
24 (e) Public disclosure.--Provide information regarding
25 performance of students and educational programs as required
26 pursuant to ss. 1008.385 and 1008.22 and implement a system of
27 school reports as required by statute and State Board of
28 Education rule that shall include schools operating for the
29 purpose of providing educational services to youth in
30 Department of Juvenile Justice programs, and for those
31 schools, report on the elements specified in s. 1003.52(20).
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1 Annual public disclosure reports shall be in an easy-to-read
2 report card format and shall include the school's student and
3 school performance grade category designation and performance
4 data as specified in state board rule.
5 (f) School improvement funds.--Provide funds to
6 schools for developing and implementing school improvement
7 plans. Such funds shall include those funds appropriated for
8 the purpose of school improvement pursuant to s. 24.121(5)(c).
9 (17) LOCAL-LEVEL DECISIONMAKING.--
10 (a) Adopt policies that clearly encourage and enhance
11 maximum decisionmaking appropriate to the school site. Such
12 policies must include guidelines for schools in the adoption
13 and purchase of district and school site instructional
14 materials and technology, staff training, school advisory
15 council member training, student support services, budgeting,
16 and the allocation of staff resources.
17 (b) Adopt waiver process policies to enable all
18 schools to exercise maximum flexibility and notify advisory
19 councils of processes to waive school district and state
20 policies.
21 (c) Develop policies for periodically monitoring the
22 membership composition of school advisory councils to ensure
23 compliance with requirements established in s. 1001.452.
24 (d) Adopt policies that assist in giving greater
25 autonomy, including authority over the allocation of the
26 school's budget, to schools designated as performance grade
27 category "A," making excellent progress, and schools rated as
28 having improved at least two performance grade categories.
29 (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies
30 allowing students attending schools that have been designated
31 as performance grade category "F," failing to make adequate
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1 progress, for 2 school years in a 4-year period to attend a
2 higher performing school in the district or an adjoining
3 district or be granted a state opportunity scholarship to a
4 private school, in conformance with s. 1002.38 and State Board
5 of Education rule.
6 (19) AUTHORITY TO DECLARE AN EMERGENCY.--May declare
7 an emergency in cases in which one or more schools in the
8 district are failing or are in danger of failing and negotiate
9 special provisions of its contract with the appropriate
10 bargaining units to free these schools from contract
11 restrictions that limit the school's ability to implement
12 programs and strategies needed to improve student performance.
13 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
14 anonymity of students in large schools, adopt policies to
15 encourage any school that does not meet the definition of a
16 small school, as established by s. 1013.43(2), to subdivide
17 into schools-within-a-school, that shall operate within
18 existing resources in accordance with the provisions of
19 chapter 1003.
20 (21) FLORIDA VIRTUAL SCHOOL.--Provide students with
21 access to enroll in courses available through the Florida
22 Virtual School and award credit for successful completion of
23 such courses. Access shall be available to students during or
24 after the normal school day, and through summer school
25 enrollment.
26 (22) ADOPT RULES.--Adopt rules pursuant to ss.
27 120.536(1) and 120.54 to implement this section.
28 Section 56. Section 1001.43, Florida Statutes, is
29 created to read:
30 1001.43 Supplemental powers and duties of district
31 school board.--The district school board may exercise the
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1 following supplemental powers and duties as authorized by this
2 code or State Board of Education rule.
3 (1) STUDENT MANAGEMENT.--The district school board may
4 adopt programs and policies to ensure the safety and welfare
5 of individuals, the student body, and school personnel, which
6 programs and policies may:
7 (a) Prohibit the possession of weapons and drugs on
8 campus, student hazing, and other activities that could
9 threaten the operation of the school or the safety and welfare
10 of the student body or school personnel.
11 (b) Require uniforms to be worn by the student body,
12 or impose other dress-related requirements, if the district
13 school board finds that those requirements are necessary for
14 the safety or welfare of the student body or school personnel.
15 (c) Provide procedures for student dismissal
16 precautions and for granting permission for students to leave
17 school grounds during school hours, including releasing a
18 student from school upon request by a parent or for public
19 appearances of school groups.
20 (d) Provide procedures for managing protests,
21 demonstrations, sit-ins, walk-outs, or other acts of civil
22 disobedience.
23 (e) Provide procedures for detaining students and for
24 readmission of students after expulsion.
25 (f) Regulate student automobile use and parking.
26 (2) FISCAL MANAGEMENT.--The district school board may
27 adopt policies providing for fiscal management of the school
28 district with respect to school purchasing, facilities,
29 nonstate revenue sources, budgeting, fundraising, and other
30 activities relating to the fiscal management of district
31
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1 resources, including, but not limited to, the policies
2 governing:
3 (a) Sales calls and demonstrations by agents,
4 solicitors, salespersons, and vendors on campus; local
5 preference criteria for vendors; specifications for quantity
6 purchasing; prioritization of awards for bids; declining bid
7 awards; and purchase requisitions, approvals, and routing.
8 (b) Sales by booster clubs; marathon fundraisers; and
9 student sales of candy, paper products, or other goods
10 authorized by the district school board.
11 (c) Inventory and disposal of district property; use
12 of safe-deposit boxes; and selection of real estate
13 appraisers.
14 (d) Payment of contractors and other service
15 providers.
16 (e) Accounting systems; petty cash accounts procedures
17 and reporting; school activities funds procedures and
18 reporting; management and reporting of grants from private
19 sources; and management of funds, including auxiliary
20 enterprise funds.
21 (f) District budgeting system, including setting
22 budget deadlines and schedules, budget planning, and
23 implementation and determination of budget priorities.
24 (3) INSTRUCTIONAL AIDS.--The district school board may
25 adopt policies providing for innovative teaching techniques,
26 teaching programs and methods, instructional aids and
27 objectives, extracurricular and interscholastic activities,
28 and supplemental programs including, but not limited to,
29 policies providing for:
30 (a) Use of technology, including appropriate use of
31 the Internet as a tool for learning.
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1 (b) Instructional priorities and objectives, pilot
2 projects and evaluations, curriculum adoption and design, and
3 lesson planning.
4 (c) Extracurricular and interscholastic activities,
5 including field trips, publishing a student newspaper and
6 other publications, and special programs relating to the arts,
7 music, or other topics of current interest.
8 (d) Participation in physical education programs,
9 including appropriate physical education attire and protective
10 gear; programs for exceptional students; summer school; and
11 the Title I program, including comparability procedures.
12 (4) FACILITIES MANAGEMENT.--The district school board
13 may adopt policies providing for management of the physical
14 campus and its environs, including, but not limited to, energy
15 conservation measures; building and ground maintenance;
16 fencing, landscaping, and other property improvements; site
17 acquisition; new construction and renovation; dedication and
18 rededication or naming and renaming of district buildings and
19 other district facilities; and development of facilities
20 management planning and priorities.
21 (5) SCHOOL COMMUNITY RELATIONS.--The district school
22 board may adopt policies governing public gifts and donations
23 to schools; input from the community concerning instruction
24 resources; advertising in schools; participation in community
25 affairs, including coordination with local governments and
26 planning authorities; protocols for interagency agreements;
27 business community partnerships; community use of school
28 facilities; public solicitations in schools, including the
29 distribution and posting of promotional materials and
30 literature; visitors to the school campus; school advisory
31 councils; and parent volunteers and chaperones.
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1 (6) LEGAL ISSUES.--The district school board may adopt
2 policies and procedures necessary to implement federal
3 mandates and programs, court orders, and other legal
4 requirements of the state.
5 (7) FIRST AID AND EMERGENCIES.--The district school
6 board may adopt programs and policies to ensure appropriate
7 response in emergency situations; the provision of first aid
8 to individuals, the student body, and school personnel; and
9 the effective management of student illness, which programs
10 and policies may include, but are not limited to:
11 (a) The provision of first aid and emergency medical
12 care and the provision of school health care facilities and
13 services.
14 (b) The provision of school safety patrol.
15 (c) Procedures for reporting hazards, including
16 threats of nature, bomb threats, threatening messages, and
17 similar occurrences, and the provision of warning systems
18 including alarm systems and other technical devices.
19 (d) Procedures for evacuating the classrooms,
20 playground, or any other district facility.
21 (e) Procedures for reporting accidents, including
22 traffic accidents and traffic violations involving
23 district-owned vehicles.
24 (f) Student insurance programs.
25 (8) STUDENT ASSESSMENT AND AFFAIRS.--The district
26 school board may adopt policies and procedures governing
27 attendance monitoring and checks; truancy; graduation
28 requirements and graduation exercises; fees, fines, and
29 charges imposed on students; evaluation of student records and
30 transcripts; transfer of student records; grading and academic
31 evaluation of students; tests and examinations, including
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1 early examinations; guidance and counseling; and student
2 participation in competitions, student performances and
3 exhibitions, contests for students, and social events.
4 (9) ADMINISTRATIVE SUPPORT SERVICES.--The district
5 school board may adopt policies and procedures governing
6 purchase of property insurance, including comprehensive
7 general liability insurance; transportation of students for
8 extracurricular activities and special events, including
9 transportation of students in privately owned vehicles;
10 transportation of district personnel, including personal use
11 of district owned vehicles; computer security and computer
12 room access and computer database resources; mail and delivery
13 services, including use of couriers; copyright compliance;
14 computerized data systems, including computer use,
15 transmission of data, access to the Internet, and other
16 technology-based services.
17 (10) DISTRICT SCHOOL BOARD GOVERNANCE AND
18 OPERATIONS.--The district school board may adopt policies and
19 procedures necessary for the daily business operation of the
20 district school board, including, but not limited to, the
21 provision of legal services for the district school board;
22 conducting a district legislative program; district school
23 board member participation at conferences, conventions, and
24 workshops, including member compensation and reimbursement for
25 expenses; district school board policy development, adoption,
26 and repeal; district school board meeting procedures,
27 including participation via telecommunications networks, use
28 of technology at meetings, and presentations by nondistrict
29 personnel; citizen communications with the district school
30 board and with individual district school board members;
31 collaboration with local government and other entities as
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1 required by law; and organization of the district school
2 board, including special committees and advisory committees.
3 (11) PERSONNEL.--The district school board may adopt
4 policies and procedures necessary for the management of all
5 personnel of the school system.
6 (12) COOPERATION WITH COMMUNITY COLLEGES.--The
7 district school board shall work with the community colleges
8 in the district to ensure that the community college students
9 have access to remedial education.
10 Section 57. Section 1001.44, Florida Statutes, is
11 created to read:
12 1001.44 Technical centers.--
13 (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE
14 TECHNICAL CENTERS.--Any district school board, after first
15 obtaining the approval of the Department of Education, may, as
16 a part of the district school system, organize, establish and
17 operate a technical center, or acquire and operate a technical
18 school previously established.
19 (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
20 ESTABLISH OR ACQUIRE TECHNICAL CENTERS.--The district school
21 boards of any two or more contiguous districts may, upon first
22 obtaining the approval of the department, enter into an
23 agreement to organize, establish and operate, or acquire and
24 operate, a technical center under this section.
25 (3) TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM
26 DIRECTED BY A DIRECTOR.--
27 (a) A technical center established or acquired under
28 provisions of law and minimum standards prescribed by the
29 commissioner shall comprise a part of the district school
30 system and shall mean an educational institution offering
31 terminal courses of a technical nature, and courses for
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1 out-of-school youth and adults; shall be subject to all
2 applicable provisions of this code; shall be under the control
3 of the district school board of the school district in which
4 it is located; and shall be directed by a director responsible
5 through the district school superintendent to the district
6 school board of the school district in which the center is
7 located.
8 (b) Each technical center shall maintain an academic
9 transcript for each student enrolled in the center. Such
10 transcript shall delineate each course completed by the
11 student. Courses shall be delineated by the course prefix and
12 title assigned pursuant to s. 1007.24. The center shall make
13 a copy of a student's transcript available to any student who
14 requests it.
15 Section 58. Section 1001.451, Florida Statutes, is
16 created to read:
17 1001.451 Regional consortium service
18 organizations.--In order to provide a full range of programs
19 to larger numbers of students, minimize duplication of
20 services, and encourage the development of new programs and
21 services:
22 (1) School districts with 20,000 or fewer unweighted
23 full-time equivalent students may enter into cooperative
24 agreements to form a regional consortium service organization.
25 Each regional consortium service organization shall provide,
26 at a minimum, three of the following services: exceptional
27 student education; teacher education centers; environmental
28 education; federal grant procurement and coordination; data
29 processing; health insurance; risk management insurance; staff
30 development; purchasing; or planning and accountability.
31
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1 (2)(a) Each regional consortium service organization
2 that consists of four or more school districts is eligible to
3 receive, through the Department of Education, an incentive
4 grant of $25,000 per school district to be used for the
5 delivery of services within the participating school
6 districts.
7 (b) Application for incentive grants shall be made to
8 the Commissioner of Education by July 30 of each year for
9 distribution to qualifying regional consortium service
10 organizations by January 1 of the fiscal year.
11 Section 59. Section 1001.452, Florida Statutes, is
12 created to read:
13 1001.452 District and school advisory councils.--
14 (1) ESTABLISHMENT.--
15 (a) The district school board shall establish an
16 advisory council for each school in the district and shall
17 develop procedures for the election and appointment of
18 advisory council members. Each school advisory council shall
19 include in its name the words "school advisory council." The
20 school advisory council shall be the sole body responsible for
21 final decisionmaking at the school relating to implementation
22 of the provisions of ss. 1008.345, and 1001.42(16). A majority
23 of the members of each school advisory council must be persons
24 who are not employed by the school. Each advisory council
25 shall be composed of the principal and an appropriately
26 balanced number of teachers, education support employees,
27 students, parents, and other business and community citizens
28 who are representative of the ethnic, racial, and economic
29 community served by the school. Technical center and high
30 school advisory councils shall include students, and middle
31 and junior high school advisory councils may include students.
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1 School advisory councils of technical and adult education
2 centers are not required to include parents as members.
3 Council members representing teachers, education support
4 employees, students, and parents shall be elected by their
5 respective peer groups at the school in a fair and equitable
6 manner as follows:
7 1. Teachers shall be elected by teachers.
8 2. Education support employees shall be elected by
9 education support employees.
10 3. Students shall be elected by students.
11 4. Parents shall be elected by parents.
12
13 The district school board shall establish procedures for use
14 by schools in selecting business and community members that
15 include means of ensuring wide notice of vacancies and of
16 taking input on possible members from local business, chambers
17 of commerce, community and civic organizations and groups, and
18 the public at large. The district school board shall review
19 the membership composition of each advisory council. If the
20 district school board determines that the membership elected
21 by the school is not representative of the ethnic, racial, and
22 economic community served by the school, the district school
23 board shall appoint additional members to achieve proper
24 representation. The commissioner shall determine if schools
25 have maximized their efforts to include on their advisory
26 councils minority persons and persons of lower socioeconomic
27 status. Although schools are strongly encouraged to establish
28 school advisory councils, the district school board of any
29 school district that has a student population of 10,000 or
30 fewer may establish a district advisory council which shall
31 include at least one duly elected teacher from each school in
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1 the district. For the purposes of school advisory councils
2 and district advisory councils, the term "teacher" shall
3 include classroom teachers, certified student services
4 personnel, and media specialists. For purposes of this
5 paragraph, "education support employee" means any person
6 employed by a school who is not defined as instructional or
7 administrative personnel pursuant to s. 1012.01 and whose
8 duties require 20 or more hours in each normal working week.
9 (b) The district school board may establish a district
10 advisory council representative of the district and composed
11 of teachers, students, parents, and other citizens or a
12 district advisory council that may be comprised of
13 representatives of each school advisory council. Recognized
14 schoolwide support groups that meet all criteria established
15 by law or rule may function as school advisory councils.
16 (c) For those schools operating for the purpose of
17 providing educational services to youth in Department of
18 Juvenile Justice programs, district school boards may
19 establish a district advisory council with appropriate
20 representatives for the purpose of developing and monitoring a
21 district school improvement plan that encompasses all such
22 schools in the district, pursuant to s. 1001.42(16)(a).
23 (2) DUTIES.--Each advisory council shall perform such
24 functions as are prescribed by regulations of the district
25 school board; however, no advisory council shall have any of
26 the powers and duties now reserved by law to the district
27 school board. Each school advisory council shall assist in the
28 preparation and evaluation of the school improvement plan
29 required pursuant to s. 1001.42(16). With technical assistance
30 from the Department of Education, each school advisory council
31 shall assist in the preparation of the school's annual budget
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1 and plan as required by s. 1008.385(1). A portion of funds
2 provided in the annual General Appropriations Act for use by
3 school advisory councils must be used for implementing the
4 school improvement plan.
5 Section 60. Part II.b. of chapter 1001, Florida
6 Statutes, shall be entitled "District School Superintendents"
7 and shall consist of ss. 1001.46-1001.53.
8 Section 61. Section 1001.46, Florida Statutes, is
9 created to read:
10 1001.46 District school superintendent; election and
11 term of office.--The district school superintendent shall be
12 elected for a term of 4 years or until the election or
13 appointment and qualification of his or her successor.
14 Section 62. Section 1001.461, Florida Statutes, is
15 created to read:
16 1001.461 District school superintendent; procedures
17 for making office appointive.--
18 (1) Pursuant to the provisions of s. 5, Art. IX of the
19 State Constitution, the district school superintendent shall
20 be appointed by the district school board in a school district
21 wherein the proposition is affirmed by a majority of the
22 qualified electors voting in the same election making the
23 office of district school superintendent appointive.
24 (2) To submit the proposition to the electors, the
25 district school board by formal resolution shall request an
26 election, that shall be at a general election or a statewide
27 primary or special election. The board of county
28 commissioners, upon such timely request from the district
29 school board, shall cause to be placed on the ballot at such
30 election the proposition to make the office of district school
31 superintendent appointive.
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1 (3) Any district adopting the appointive method for
2 its district school superintendent may after 4 years return to
3 its former status and reject the provisions of this section by
4 following the same procedure outlined in subsection (2) for
5 adopting the provisions thereof.
6 Section 63. Section 1001.462, Florida Statutes, is
7 created to read:
8 1001.462 Oath of district school
9 superintendent.--Before entering upon the duties of his or her
10 office, the district school superintendent shall take the oath
11 of office prescribed by the State Constitution.
12 Section 64. Section 1001.463, Florida Statutes, is
13 created to read:
14 1001.463 Vacancy in office of district school
15 superintendent.--The office of district school superintendent
16 in any district shall be vacant when the district school
17 superintendent removes his or her residence from the district.
18 Section 65. Section 1001.464, Florida Statutes, is
19 created to read:
20 1001.464 District school superintendent to devote full
21 time to office.--The position of district school
22 superintendent shall be considered a full-time position.
23 Section 66. Section 1001.47, Florida Statutes, is
24 created to read:
25 1001.47 District school superintendent; salary.--
26 (1) Each district school superintendent shall receive
27 as salary the amount indicated pursuant to this section.
28 However, a district school board, by majority vote, may
29 approve a salary in excess of the amount specified in this
30 section.
31
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1 (2) Notwithstanding the provisions of chapter 145 to
2 the contrary, the annual salaries of elected district school
3 superintendents for 1993 and each year thereafter shall be
4 established at the same amounts as the district school
5 superintendents were paid for fiscal year 1991-1992, adjusted
6 by each annual increase provided for in chapter 145.
7 (3) This section does not apply to a district school
8 superintendent appointed pursuant to the terms of s. 1001.50.
9 (4)(a) There shall be an additional $2,000 per year
10 special qualification salary for each district school
11 superintendent who has met the certification requirements
12 established by the Department of Education. Any district
13 school superintendent who is certified during a calendar year
14 shall receive in that year a pro rata share of the special
15 qualification salary based on the remaining period of the
16 year.
17 (b) In order to qualify for the special qualification
18 salary provided by paragraph (a), the district school
19 superintendent must complete the requirements established by
20 the Department of Education within 6 years after first taking
21 office.
22 (c) After a district school superintendent meets the
23 requirements of paragraph (a), in order to remain certified
24 the district school superintendent shall thereafter be
25 required to complete each year a course of continuing
26 education as prescribed by the Department of Education.
27 (5)(a) The Department of Education shall provide a
28 leadership development and performance compensation program
29 for district school superintendents, comparable to chief
30 executive officer development programs for corporate executive
31 officers, to include:
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1 1. A content-knowledge-and-skills phase consisting of:
2 creative leadership models and theory, demonstration of
3 effective practice, simulation exercises and personal skills
4 practice, and assessment with feedback, taught in a
5 professional training setting under the direction of
6 experienced, successful trainers.
7 2. A competency-acquisition phase consisting of
8 on-the-job application of knowledge and skills for a period of
9 not less than 6 months following the successful completion of
10 the content-knowledge-and-skills phase. The
11 competency-acquisition phase shall be supported by adequate
12 professional technical assistance provided by experienced
13 trainers approved by the department. Competency acquisition
14 shall be demonstrated through assessment and feedback.
15 (b) Upon the successful completion of both phases and
16 demonstrated successful performance, as determined by the
17 department, a district school superintendent shall be issued a
18 Chief Executive Officer Leadership Development Certificate and
19 shall be given an annual performance salary incentive of not
20 less than $3,000 or more than $7,500 based upon his or her
21 performance evaluation.
22 (c) A district school superintendent's eligibility to
23 continue receiving the annual performance salary incentive is
24 contingent upon his or her continued performance assessment
25 and followup training prescribed by the department.
26 Section 67. Section 1001.48, Florida Statutes, is
27 created to read:
28 1001.48 Secretary and executive officer of the
29 district school board.--The district school superintendent
30 shall be the secretary and executive officer of the district
31 school board, provided that when the district school
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1 superintendent is required to be absent on account of
2 performing services in the volunteer forces of the United
3 States or in the National Guard of the state or in the regular
4 Army or Navy of the United States, when said district school
5 superintendent shall be called into active training or service
6 of the United States under an Act of Congress or pursuant to a
7 proclamation by the President of the United States, the
8 district school superintendent shall then be entitled to a
9 leave of absence not to exceed the remaining portion of the
10 term for which he or she was elected.
11 Section 68. Section 1001.49, Florida Statutes, is
12 created to read:
13 1001.49 General powers of district school
14 superintendent.--The district school superintendent shall have
15 the authority, and when necessary for the more efficient and
16 adequate operation of the district school system, the district
17 school superintendent shall exercise the following powers:
18 (1) GENERAL OVERSIGHT.--Exercise general oversight
19 over the district school system in order to determine problems
20 and needs, and recommend improvements.
21 (2) ADVISE, COUNSEL, AND RECOMMEND TO DISTRICT SCHOOL
22 BOARD.--Advise and counsel with the district school board on
23 all educational matters and recommend to the district school
24 board for action such matters as should be acted upon.
25 (3) RECOMMEND POLICIES.--Recommend to the district
26 school board for adoption such policies pertaining to the
27 district school system as the district school superintendent
28 may consider necessary for its more efficient operation.
29 (4) RECOMMEND AND EXECUTE RULES.--Prepare and organize
30 by subjects and submit to the district school board for
31 adoption such rules to supplement those adopted by the State
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1 Board of Education as, in the district school superintendent's
2 opinion, will contribute to the efficient operation of any
3 aspect of education in the district. When rules have been
4 adopted, the district school superintendent shall see that
5 they are executed.
6 (5) RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From
7 time to time prepare, organize by subject, and submit to the
8 district school board for adoption such minimum standards
9 relating to the operation of any phase of the district school
10 system as are needed to supplement those adopted by the State
11 Board of Education and as will contribute to the efficient
12 operation of any aspect of education in the district and
13 ensure that minimum standards adopted by the district school
14 board and the state board are observed.
15 (6) PERFORM DUTIES AND EXERCISE
16 RESPONSIBILITIES.--Perform such duties and exercise such
17 responsibilities as are assigned to the district school
18 superintendent by law and by rules of the State Board of
19 Education.
20 Section 69. Section 1001.50, Florida Statutes, is
21 created to read:
22 1001.50 Superintendents employed under Art. IX of the
23 State Constitution.--
24 (1) In every district authorized to employ a district
25 school superintendent under Art. IX of the State Constitution,
26 the district school superintendent shall be the executive
27 officer of the district school board and shall not be subject
28 to the provisions of law, either general or special, relating
29 to tenure of employment or contracts of other school
30 personnel. The district school superintendent's duties
31
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1 relating to the district school system shall be as provided by
2 law and rules of the State Board of Education.
3 (2) The district school board of each of such
4 districts shall enter into contracts of employment with the
5 district school superintendent and shall adopt rules relating
6 to his or her appointment.
7 (3) The district school board of each such district
8 shall pay to the district school superintendent a reasonable
9 annual salary. In determining the amount of compensation to be
10 paid, the board shall take into account such factors as:
11 (a) The population of the district.
12 (b) The rate and character of population growth.
13 (c) The size and composition of the student body to be
14 served.
15 (d) The geographic extent of the district.
16 (e) The number and character of the schools to be
17 supervised.
18 (f) The educational qualifications, professional
19 experience, and age of the candidate for the position of
20 district school superintendent.
21 Section 70. Section 1001.51, Florida Statutes, is
22 created to read:
23 1001.51 Duties and responsibilities of district school
24 superintendent.--The district school superintendent shall
25 exercise all powers and perform all duties listed below and
26 elsewhere in the law, provided that, in so doing, he or she
27 shall advise and counsel with the district school board. The
28 district school superintendent shall perform all tasks
29 necessary to make sound recommendations, nominations,
30 proposals, and reports required by law to be acted upon by the
31 district school board. All such recommendations, nominations,
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1 proposals, and reports by the district school superintendent
2 shall be either recorded in the minutes or shall be made in
3 writing, noted in the minutes, and filed in the public records
4 of the district school board. It shall be presumed that, in
5 the absence of the record required in this section, the
6 recommendations, nominations, and proposals required of the
7 district school superintendent were not contrary to the action
8 taken by the district school board in such matters.
9 (1) ASSIST IN ORGANIZATION OF DISTRICT SCHOOL
10 BOARD.--Preside at the organization meeting of the district
11 school board and transmit to the Department of Education,
12 within 2 weeks following such meeting, a certified copy of the
13 proceedings of organization, including the schedule of regular
14 meetings, and the names and addresses of district school
15 officials.
16 (2) REGULAR AND SPECIAL MEETINGS OF THE DISTRICT
17 SCHOOL BOARD.--Attend all regular meetings of the district
18 school board, call special meetings when emergencies arise,
19 and advise, but not vote, on questions under consideration.
20 (3) RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep
21 minutes of all official actions and proceedings of the
22 district school board and keep such other records, including
23 records of property held or disposed of by the district school
24 board, as may be necessary to provide complete information
25 regarding the district school system.
26 (4) SCHOOL PROPERTY.--Act for the district school
27 board as custodian of school property.
28 (5) SCHOOL PROGRAM; PREPARE PLANS.--Supervise the
29 assembling of data and sponsor studies and surveys essential
30 to the development of a planned school program for the entire
31 district and prepare and recommend such a program to the
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1 district school board as the basis for operating the district
2 school system.
3 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
4 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,
5 organization, and operation of such schools, classes, and
6 services as are needed to provide adequate educational
7 opportunities for all children in the district.
8 (7) PERSONNEL.--Be responsible, as required herein,
9 for directing the work of the personnel, subject to the
10 requirements of chapter 1012.
11 (8) COURSES OF STUDY AND OTHER INSTRUCTIONAL
12 AIDS.--Recommend such plans for improving, providing,
13 distributing, accounting for, and caring for textbooks and
14 other instructional aids as will result in general improvement
15 of the district school system, as prescribed in chapter 1006.
16 (9) TRANSPORTATION OF STUDENTS.--Provide for student
17 transportation as prescribed in s. 1006.21.
18 (10) SCHOOL PLANT.--Recommend plans, and execute such
19 plans as are approved, regarding all phases of the school
20 plant program, as prescribed in chapter 1013.
21 (11) FINANCE.--Recommend measures to the district
22 school board to assure adequate educational facilities
23 throughout the district, in accordance with the financial
24 procedure authorized in chapters 1010 and 1011 and as
25 prescribed below:
26 (a) Plan for operating all schools for minimum
27 term.--Determine and recommend district funds necessary in
28 addition to state funds to provide for at least a 180-day
29 school term or the equivalent on an hourly basis as specified
30 by rules adopted by the State Board of Education and recommend
31
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1 plans for ensuring the operation of all schools for the term
2 authorized by the district school board.
3 (b) Annual budget.--Prepare the annual school budget
4 to be submitted to the district school board for adoption
5 according to law and submit this budget, when adopted by the
6 district school board, to the Department of Education on or
7 before the date required by rules of the State Board of
8 Education.
9 (c) Tax levies.--Recommend to the district school
10 board, on the basis of the needs shown by the budget, the
11 amount of district school tax levy necessary to provide the
12 district school funds needed for the maintenance of the public
13 schools; recommend to the district school board the tax levy
14 required on the basis of the needs shown in the budget for the
15 district bond interest and sinking fund of each district; and
16 recommend to the district school board to be included on the
17 ballot at each district millage election the school district
18 tax levies necessary to carry on the school program.
19 (d) School funds.--Keep an accurate account of all
20 funds that should be transmitted to the district school board
21 for school purposes at various periods during the year and
22 ensure, insofar as possible, that these funds are transmitted
23 promptly and report promptly to the district school board any
24 delinquencies or delays that occur in making available any
25 funds that should be made available for school purposes.
26 (e) Borrowing money.--Recommend when necessary the
27 borrowing of money as prescribed by law.
28 (f) Financial records and accounting.--Keep or have
29 kept accurate records of all financial transactions.
30 (g) Payrolls and accounts.--Maintain accurate and
31 current statements of accounts due to be paid by the district
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1 school board; certify these statements as correct; liquidate
2 district school board obligations in accordance with the
3 official budget and rules of the district school board; and
4 prepare periodic reports as required by rules of the State
5 Board of Education, showing receipts, balances, and
6 disbursements to date, and file copies of such periodic
7 reports with the Department of Education.
8 (h) Bonds for employees.--Recommend the bonds of all
9 school employees who should be bonded in order to provide
10 reasonable safeguards for all school funds or property.
11 (i) Contracts.--After study of the feasibility of
12 contractual services with industry, recommend to the district
13 school board the desirable terms, conditions, and
14 specifications for contracts for supplies, materials, or
15 services to be rendered and see that materials, supplies, or
16 services are provided according to contract.
17 (j) Investment policies.--After careful examination,
18 recommend policies to the district school board that will
19 provide for the investment or deposit of school funds not
20 needed for immediate expenditures which shall earn the maximum
21 possible yield under the circumstances on such investments or
22 deposits. The district school superintendent shall cause to be
23 invested at all times all school moneys not immediately needed
24 for expenditures pursuant to the policies of the district
25 school board.
26 (k) Protection against loss.--Recommend programs and
27 procedures to the district school board necessary to protect
28 the school system adequately against loss or damage to school
29 property or against loss resulting from any liability for
30 which the district school board or its officers, agents, or
31 employees may be responsible under law.
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1 (l) Millage elections.--Recommend plans and procedures
2 for holding and supervising all school district millage
3 elections.
4 (m) Budgets and expenditures.--Prepare, after
5 consulting with the principals of the various schools,
6 tentative annual budgets for the expenditure of district funds
7 for the benefit of public school students of the district.
8 (n) Bonds.--Recommend the amounts of bonds to be
9 issued in the district and assist in the preparation of the
10 necessary papers for an election to determine whether the
11 proposed bond issue will be approved by the electors and, if
12 such bond issue be approved by the electors, recommend plans
13 for the sale of bonds and for the proper expenditure of the
14 funds derived therefrom.
15 (12) RECORDS AND REPORTS.--Recommend such records as
16 should be kept in addition to those prescribed by rules of the
17 State Board of Education; prepare forms for keeping such
18 records as are approved by the district school board; ensure
19 that such records are properly kept; and make all reports that
20 are needed or required, as follows:
21 (a) Forms, blanks, and reports.--Require that all
22 employees accurately keep all records and promptly make in
23 proper form all reports required by the education code or by
24 rules of the State Board of Education; recommend the keeping
25 of such additional records and the making of such additional
26 reports as may be deemed necessary to provide data essential
27 for the operation of the school system; and prepare such forms
28 and blanks as may be required and ensure that these records
29 and reports are properly prepared.
30 (b) Reports to the department.--Prepare, for the
31 approval of the district school board, all reports that may be
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1 required by law or rules of the State Board of Education to be
2 made to the department and transmit promptly all such reports,
3 when approved, to the department, as required by law. If any
4 such reports are not transmitted at the time and in the manner
5 prescribed by law or by State Board of Education rules, the
6 salary of the district school superintendent must be withheld
7 until the report has been properly submitted. Unless otherwise
8 provided by rules of the State Board of Education, the annual
9 report on attendance and personnel is due on or before July 1,
10 and the annual school budget and the report on finance are due
11 on the date prescribed by the commissioner.
12
13 Any district school superintendent who knowingly signs and
14 transmits to any state official a false or incorrect report
15 shall forfeit his or her right to any salary for the period of
16 1 year from that date.
17 (13) COOPERATION WITH OTHER AGENCIES.--
18 (a) Cooperation with governmental agencies in
19 enforcement of laws and rules.--Recommend plans for
20 cooperating with, and, on the basis of approved plans,
21 cooperate with federal, state, county, and municipal agencies
22 in the enforcement of laws and rules pertaining to all matters
23 relating to education and child welfare.
24 (b) Identifying and reporting names of migratory
25 children, other information.--Recommend plans for identifying
26 and reporting to the Department of Education the name of each
27 child in the school district who qualifies according to the
28 definition of a migratory child, based on Pub. L. No. 95-561,
29 and for reporting such other information as may be prescribed
30 by the department.
31
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1 (14) ENFORCEMENT OF LAWS AND RULES.--Require that all
2 laws and rules of the State Board of Education, as well as
3 supplementary rules of the district school board, are properly
4 observed and report to the district school board any violation
5 that the district school superintendent does not succeed in
6 having corrected.
7 (15) COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate
8 with the district school board in every manner practicable to
9 the end that the district school system may continuously be
10 improved.
11 (16) VISITATION OF SCHOOLS.--Visit the schools;
12 observe the management and instruction; give suggestions for
13 improvement; and advise supervisors, principals, teachers,
14 patrons, and other citizens with the view of promoting
15 interest in education and improving the school conditions of
16 the district.
17 (17) CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call
18 and conduct institutes and conferences with employees of the
19 district school board, school patrons, and other interested
20 citizens; organize and direct study and extension courses for
21 employees, advising them as to their professional studies; and
22 assist patrons and people generally in acquiring knowledge of
23 the aims, services, and needs of the schools.
24 (18) PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend
25 such conferences for district school superintendents as may be
26 called or scheduled by the Department of Education and avail
27 himself or herself of means of professional and general
28 improvement so that he or she may function most efficiently.
29 (19) RECOMMEND REVOKING CERTIFICATES.--Recommend in
30 writing to the Department of Education the revoking of any
31 certificate for good cause, including a full statement of the
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1 reason for the district school superintendent's
2 recommendation.
3 (20) MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with
4 the district school board and make available to his or her
5 successor, upon retiring from office, a complete inventory of
6 school equipment and other property, together with all
7 official records and such other records as may be needed in
8 supervising instruction and in administering the district
9 school system.
10 (21) RECOMMEND PROCEDURES FOR INFORMING GENERAL
11 PUBLIC.--Recommend to the district school board procedures
12 whereby the general public can be adequately informed of the
13 educational programs, needs, and objectives of public
14 education within the district.
15 (22) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend
16 procedures for implementing and maintaining a system of school
17 improvement and education accountability as provided by
18 statute and State Board of Education rule.
19 (23) OTHER DUTIES AND RESPONSIBILITIES.--Perform such
20 other duties as are assigned to the district school
21 superintendent by law or by rules of the State Board of
22 Education.
23 Section 71. Section 1001.52, Florida Statutes, is
24 created to read:
25 1001.52 Reproduction and destruction of district
26 school records.--
27 (1) The purpose of this section is to reduce the
28 present space required by the district school systems for the
29 storage of their records and to permit the district school
30 superintendent to administer the affairs of the district
31 school system more efficiently.
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1 (2) After complying with the provisions of s. 257.37,
2 the district school superintendent may photograph,
3 microphotograph, or reproduce documents, records, data, and
4 information of a permanent character which in his or her
5 discretion he or she may select, and the district school
6 superintendent may destroy any of the said documents after
7 they have been reproduced and after audit of the district
8 school superintendent's office has been completed for the
9 period embracing the dates of said instruments. Information
10 made in compliance with the provisions of this section shall
11 have the same force and effect as the originals thereof would
12 have, and shall be treated as originals for the purpose of
13 their admissibility into evidence. Duly certified or
14 authenticated reproductions shall be admitted into evidence
15 equally with the originals.
16 (3) After complying with the provisions of s. 257.37,
17 the district school superintendent may, in his or her
18 discretion, destroy general correspondence that is over 3
19 years old and other records, papers, and documents over 3
20 years old that do not serve as part of an agreement or
21 understanding and do not have value as permanent records.
22 Section 72. Section 1001.53, Florida Statutes, is
23 created to read:
24 1001.53 District school superintendent responsible for
25 enforcement of attendance.--The district school superintendent
26 shall be responsible for the enforcement of the attendance
27 provisions of chapters 1003 and 1006. In a district in which
28 no attendance assistant is employed, the district school
29 superintendent shall have those duties and responsibilities
30 and exercise those powers assigned by law to attendance
31 assistants.
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1 Section 73. Part II.c. of chapter 1001, Florida
2 Statutes, shall be entitled "School Principals" and shall
3 consist of s. 1001.54.
4 Section 74. Section 1001.54, Florida Statutes, is
5 created to read:
6 1001.54 Duties of school principals.--
7 (1) A district school board shall employ, through
8 written contract, public school principals. The school
9 principal has authority over school district personnel in
10 accordance with s. 1012.28.
11 (2) Each school principal shall provide leadership in
12 the development or revision and implementation of a school
13 improvement plan, pursuant to s. 1001.42(16).
14 (3) Each school principal must make the necessary
15 provisions to ensure that all school reports are accurate and
16 timely, and must provide the necessary training opportunities
17 for staff to accurately report attendance, FTE program
18 participation, student performance, teacher appraisal, and
19 school safety and discipline data.
20 (4) Each school principal is responsible for the
21 management and care of instructional materials, in accordance
22 with the provisions of chapter 1006.
23 Section 75. Part III of chapter 1001, Florida
24 Statutes, shall be entitled "Community Colleges" and shall
25 consist of ss. 1001.61-1001.65.
26 Section 76. Section 1001.61, Florida Statutes, is
27 created to read:
28 1001.61 Community college boards of trustees;
29 membership.--
30 (1) Community college boards of trustees shall be
31 comprised of five members when a community college district is
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1 confined to one school board district; seven members when a
2 community college district is confined to one school board
3 district and the board of trustees so elects; and not more
4 than nine members when the district contains two or more
5 school board districts, as provided by rules of the State
6 Board of Education. However, Florida Community College at
7 Jacksonville shall have an odd number of trustees.
8 (2) Trustees shall be appointed by the Governor and
9 confirmed by the Senate in regular session.
10 (3) Members of the board of trustees shall receive no
11 compensation but may receive reimbursement for expenses as
12 provided in s. 112.061.
13 (4) At its first regular meeting after July 1 of each
14 year, each community college board of trustees shall organize
15 by electing a chair, whose duty as such is to preside at all
16 meetings of the board, to call special meetings thereof, and
17 to attest to actions of the board, and a vice chair, whose
18 duty as such is to act as chair during the absence or
19 disability of the elected chair. It is the further duty of the
20 chair of each board of trustees to notify the Governor, in
21 writing, whenever a board member fails to attend three
22 consecutive regular board meetings in any one fiscal year,
23 which absences may be grounds for removal.
24 (5) A community college president shall serve as the
25 executive officer and corporate secretary of the board of
26 trustees and shall be responsible to the board of trustees for
27 setting the agenda for meetings of the board of trustees in
28 consultation with the chair. The president also serves as the
29 chief administrative officer of the community college, and all
30 the components of the institution and all aspects of its
31
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1 operation are responsible to the board of trustees through the
2 president.
3 Section 77. Section 1001.62, Florida Statutes, is
4 created to read:
5 1001.62 Transfer of benefits arising under local or
6 special acts.--All local or special acts in force on July 1,
7 1968, that provide benefits for a community college through a
8 district school board shall continue in full force and effect,
9 and such benefits shall be transmitted to the community
10 college board of trustees.
11 Section 78. Section 1001.63, Florida Statutes, is
12 created to read:
13 1001.63 Community college board of trustees; board of
14 trustees to constitute a corporation.--Each community college
15 board of trustees is constituted a body corporate by the name
16 of "The District Board of Trustees of ...(name of community
17 college)..., Florida" with all the powers and duties of a body
18 corporate, including a corporate seal, the power to contract
19 and be contracted with, to sue or be sued, to plead and be
20 impleaded in all courts of law or equity, and to give and
21 receive donations. In all suits against a board of trustees,
22 service of process shall be made on the chair of the board of
23 trustees or, in the absence of the chair, the corporate
24 secretary or designee of the chair.
25 Section 79. Section 1001.64, Florida Statutes, is
26 created to read:
27 1001.64 Community college boards of trustees; powers
28 and duties.--
29 (1) The boards of trustees shall be responsible for
30 cost-effective policy decisions appropriate to the community
31 college's mission, the implementation and maintenance of
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1 high-quality education programs within law and rules of the
2 State Board of Education, the measurement of performance, the
3 reporting of information, and the provision of input regarding
4 state policy, budgeting, and education standards.
5 (2) Each board of trustees is vested with the
6 responsibility to govern its respective community college and
7 with such necessary authority as is needed for the proper
8 operation and improvement thereof in accordance with rules of
9 the State Board of Education.
10 (3) A board of trustees shall have the power to take
11 action without a recommendation from the president and shall
12 have the power to require the president to deliver to the
13 board of trustees all data and information required by the
14 board of trustees in the performance of its duties.
15 (4)(a) The board of trustees, after considering
16 recommendations submitted by the community college president,
17 may adopt rules pursuant to ss. 120.536(1) and 120.54 to
18 implement the provisions of law conferring duties upon it.
19 These rules may supplement those prescribed by the State Board
20 of Education if they will contribute to the more orderly and
21 efficient operation of community colleges.
22 (b) Each board of trustees is specifically authorized
23 to adopt rules, procedures, and policies, consistent with law
24 and rules of the State Board of Education, related to its
25 mission and responsibilities as set forth in s. 1004.65, its
26 governance, personnel, budget and finance, administration,
27 programs, curriculum and instruction, buildings and grounds,
28 travel and purchasing, technology, students, contracts and
29 grants, or college property.
30 (5) Each board of trustees shall have responsibility
31 for the use, maintenance, protection, and control of community
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1 college owned or community college controlled buildings and
2 grounds, property and equipment, name, trademarks and other
3 proprietary marks, and the financial and other resources of
4 the community college. Such authority may include placing
5 restrictions on activities and on access to facilities,
6 firearms, food, tobacco, alcoholic beverages, distribution of
7 printed materials, commercial solicitation, animals, and
8 sound.
9 (6) Each board of trustees has responsibility for the
10 establishment and discontinuance of program and course
11 offerings in accordance with law and rule; provision for
12 instructional and noninstructional community services,
13 location of classes, and services provided; and dissemination
14 of information concerning such programs and services. New
15 programs must be approved pursuant to s. 1004.03.
16 (7) Each board of trustees has responsibility for:
17 ensuring that students have access to general education
18 courses as identified in rule; requiring no more than 60
19 semester hours of degree program coursework, including 36
20 semester hours of general education coursework, for an
21 associate in arts degree; notifying students that earned hours
22 in excess of 60 semester hours may not be accepted by state
23 universities; notifying students of unique program
24 prerequisites; and ensuring that degree program coursework
25 beyond general education coursework is consistent with degree
26 program prerequisite requirements adopted pursuant to s.
27 1007.25(5).
28 (8) Each board of trustees has authority for policies
29 related to students, enrollment of students, student records,
30 student activities, financial assistance, and other student
31 services.
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1 (a) Each board of trustees shall govern admission of
2 students pursuant to s. 1007.263 and rules of the State Board
3 of Education. A board of trustees may establish additional
4 admissions criteria, which shall be included in the district
5 interinstitutional articulation agreement developed according
6 to s. 1007.235, to ensure student readiness for postsecondary
7 instruction. Each board of trustees may consider the past
8 actions of any person applying for admission or enrollment and
9 may deny admission or enrollment to an applicant because of
10 misconduct if determined to be in the best interest of the
11 community college.
12 (b) Each board of trustees shall adopt rules
13 establishing student performance standards for the award of
14 degrees and certificates pursuant to s. 1004.68.
15 (c) Boards of trustees are authorized to establish
16 intrainstitutional and interinstitutional programs to maximize
17 articulation pursuant to s. 1007.22.
18 (d) Boards of trustees shall identify their core
19 curricula, which shall include courses required by the State
20 Board of Education, pursuant to the provisions of s.
21 1007.25(6).
22 (e) Each board of trustees must adopt a written
23 antihazing policy, provide a program for the enforcement of
24 such rules, and must adopt appropriate penalties for
25 violations of such rules pursuant to the provisions of s.
26 1006.63(1)-(3).
27 (f) Each board of trustees may establish a uniform
28 code of conduct and appropriate penalties for violation of its
29 rules by students and student organizations, including rules
30 governing student academic honesty. Such penalties, unless
31 otherwise provided by law, may include fines, the withholding
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1 of diplomas or transcripts pending compliance with rules or
2 payment of fines, and the imposition of probation, suspension,
3 or dismissal.
4 (g) Each board of trustees pursuant to s. 1006.53
5 shall adopt a policy in accordance with rules of the State
6 Board of Education that reasonably accommodates the religious
7 observance, practice, and belief of individual students in
8 regard to admissions, class attendance, and the scheduling of
9 examinations and work assignments.
10 (9) A board of trustees may contract with the board of
11 trustees of a state university for the community college to
12 provide college-preparatory instruction on the state
13 university campus.
14 (10) Each board of trustees shall establish fees
15 pursuant to ss. 1009.22, 1009.23, 1009.25, 1009.26, and
16 1009.27.
17 (11) Each board of trustees shall submit an
18 institutional budget request, including a request for fixed
19 capital outlay, and an operating budget to the State Board of
20 Education for approval in accordance with guidelines
21 established by the State Board of Education.
22 (12) Each board of trustees shall account for
23 expenditures of all state, local, federal and other funds in
24 the manner described by the Department of Education.
25 (13) Each board of trustees is responsible for the
26 uses for the proceeds of academic improvement trust funds
27 pursuant to s. 1011.85.
28 (14) Each board of trustees shall develop a strategic
29 plan specifying institutional goals and objectives for the
30 community college for recommendation to the State Board of
31 Education.
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1 (15) Each board of trustees shall develop an
2 accountability plan pursuant to s. 1008.45.
3 (16) Each board of trustees must expend performance
4 funds provided for workforce development education pursuant to
5 the provisions of s. 1011.80.
6 (17) Each board of trustees is accountable for
7 performance in certificate career education and diploma
8 programs pursuant to s. 1008.44.
9 (18) Each board of trustees shall establish the
10 personnel program for all employees of the community college,
11 including the president, pursuant to the provisions of chapter
12 1012 and rules and guidelines of the State Board of Education,
13 including: compensation and other conditions of employment;
14 recruitment and selection; nonreappointment; standards for
15 performance and conduct; evaluation; benefits and hours of
16 work; leave policies; recognition; inventions and work
17 products; travel; learning opportunities; exchange programs;
18 academic freedom and responsibility; promotion; assignment;
19 demotion; transfer; ethical obligations and conflict of
20 interest; restrictive covenants; disciplinary actions;
21 complaints; appeals and grievance procedures; and separation
22 and termination from employment.
23 (19) Each board of trustees shall appoint, suspend, or
24 remove the president of the community college. The board of
25 trustees may appoint a search committee. The board of trustees
26 shall conduct annual evaluations of the president in
27 accordance with rules of the State Board of Education and
28 submit such evaluations to the State Board of Education for
29 review. The evaluation must address the achievement of the
30 performance goals established by the accountability process
31 implemented pursuant to s. 1008.45 and the performance of the
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1 president in achieving the annual and long-term goals and
2 objectives established in the community college's employment
3 accountability program implemented pursuant to s. 1012.86.
4 (20) Each board of trustees is authorized to enter
5 into contracts to provide a State Community College System
6 Optional Retirement Program pursuant to s. 1012.875 and to
7 enter into consortia with other boards of trustees for this
8 purpose.
9 (21) Each board of trustees is authorized to purchase
10 annuities for its community college personnel who have 25 or
11 more years of creditable service and who have reached age 55
12 and have applied for retirement under the Florida Retirement
13 System pursuant to the provisions of s. 1012.87.
14 (22) A board of trustees may defray all costs of
15 defending civil actions against officers, employees, or agents
16 of the board of trustees pursuant to s. 1012.85.
17 (23) Each board of trustees has authority for risk
18 management, safety, security, and law enforcement operations.
19 Each board of trustees is authorized to employ personnel,
20 including police officers pursuant to s. 1012.88, to carry out
21 the duties imposed by this subsection.
22 (24) Each board of trustees shall provide rules
23 governing parking and the direction and flow of traffic within
24 campus boundaries. Except for sworn law enforcement personnel,
25 persons employed to enforce campus parking rules have no
26 authority to arrest or issue citations for moving traffic
27 violations. The board of trustees may adopt a uniform code of
28 appropriate penalties for violations. Such penalties, unless
29 otherwise provided by law, may include the levying of fines,
30 the withholding of diplomas or transcripts pending compliance
31 with rules or payment of fines, and the imposition of
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1 probation, suspension, or dismissal. Moneys collected from
2 parking rule infractions shall be deposited in appropriate
3 funds at each community college for student financial aid
4 purposes.
5 (25) Each board of trustees constitutes the
6 contracting agent of the community college. It may when acting
7 as a body make contracts, sue, and be sued in the name of the
8 board of trustees. In any suit, a change in personnel of the
9 board of trustees shall not abate the suit, which shall
10 proceed as if such change had not taken place.
11 (26) Each board of trustees is authorized to contract
12 for the purchase, sale, lease, license, or acquisition in any
13 manner (including purchase by installment or lease-purchase
14 contract which may provide for the payment of interest on the
15 unpaid portion of the purchase price and for the granting of a
16 security interest in the items purchased) of goods, materials,
17 equipment, and services required by the community college. The
18 board of trustees may choose to consolidate equipment
19 contracts under master equipment financing agreements made
20 pursuant to s. 287.064.
21 (27) Each board of trustees shall be responsible for
22 managing and protecting real and personal property acquired or
23 held in trust for use by and for the benefit of such community
24 college. To that end, any board of trustees is authorized to
25 be self-insured, to enter into risk management programs, or to
26 purchase insurance for whatever coverage it may choose, or to
27 have any combination thereof, in anticipation of any loss,
28 damage, or destruction. A board of trustees may contract for
29 self-insurance services pursuant to s. 1001.64(27).
30 (28) Each board of trustees is authorized to enter
31 into agreements for, and accept, credit card, charge card, and
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1 debit card payments as compensation for goods, services,
2 tuition, and fees. Each community college is further
3 authorized to establish accounts in credit card, charge card,
4 and debit card banks for the deposit of sales invoices.
5 (29) Each board of trustees may provide incubator
6 facilities to eligible small business concerns pursuant to s.
7 1004.79.
8 (30) Each board of trustees may establish a technology
9 transfer center for the purpose of providing institutional
10 support to local business and industry and governmental
11 agencies in the application of new research in technology
12 pursuant to the provisions of s. 1004.78.
13 (31) Each board of trustees may establish economic
14 development centers for the purpose of serving as liaisons
15 between community colleges and the business sector pursuant to
16 the provisions of s. 1004.80.
17 (32) Each board of trustees may establish a child
18 development training center pursuant to s. 1004.81.
19 (33) Each board of trustees is authorized to develop
20 and produce work products relating to educational endeavors
21 that are subject to trademark, copyright, or patent statutes
22 pursuant to chapter 1004.
23 (34) Each board of trustees shall administer the
24 facilities program pursuant to chapter 1013, including but not
25 limited to: the construction of public educational and
26 ancillary plant; the acquisition and disposal of property;
27 compliance with building and life safety codes; submission of
28 data and information relating to facilities and construction;
29 use of buildings and grounds; establishment of safety and
30 sanitation programs for the protection of building occupants;
31 and site planning and selection.
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1 (35) Each board of trustees may exercise the right of
2 eminent domain pursuant to the provisions of chapter 1013.
3 (36) Each board of trustees may enter into
4 lease-purchase arrangements with private individuals or
5 corporations for necessary grounds and buildings for community
6 college purposes, other than dormitories, or for buildings
7 other than dormitories to be erected for community college
8 purposes. Such arrangements shall be paid from capital outlay
9 and debt service funds as provided by s. 1011.84(2), with
10 terms not to exceed 30 years at a stipulated rate. The
11 provisions of such contracts, including building plans, are
12 subject to approval by the Department of Education, and no
13 such contract may be entered into without such approval.
14 (37) Each board of trustees may purchase, acquire,
15 receive, hold, own, manage, lease, sell, dispose of, and
16 convey title to real property, in the best interests of the
17 community college.
18 (38) Each board of trustees is authorized to borrow
19 funds and incur debt, including entering into lease-purchase
20 agreements and the issuance of revenue bonds as specifically
21 authorized and only for the purposes authorized in ss.
22 1009.22(6) and (9) and 1009.23(11) and (12). At the option of
23 the board of trustees, bonds may be issued which are secured
24 by a combination of revenues authorized to be pledged to bonds
25 pursuant to ss. 1009.22(6) and 1009.23(11) or ss. 1009.22(9)
26 and 1009.23(12). Lease-purchase agreements may be secured by a
27 combination of revenues as specifically authorized pursuant to
28 ss. 1009.22(7) and 1009.23(10).
29 (39) Each board of trustees shall prescribe conditions
30 for direct-support organizations to be certified and to use
31 community college property and services. Conditions relating
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1 to certification must provide for audit review and oversight
2 by the board of trustees.
3 (40) Each board of trustees may adopt policies
4 pursuant to s. 1010.02 that provide procedures for
5 transferring to the direct-support organization of that
6 community college for administration by such organization
7 contributions made to the community college.
8 (41) The board of trustees shall exert every effort to
9 collect all delinquent accounts pursuant to s. 1010.03.
10 (42) Each board of trustees shall implement a plan, in
11 accordance with guidelines of the State Board of Education,
12 for working on a regular basis with the other community
13 college boards of trustees, representatives of the university
14 boards of trustees, and representatives of the district school
15 boards to achieve the goals of the seamless education system.
16 (43) Each board of trustees has responsibility for
17 compliance with state and federal laws, rules, regulations,
18 and requirements.
19 (44) Each board of trustees may adopt rules,
20 procedures, and policies related to institutional governance,
21 administration, and management in order to promote orderly and
22 efficient operation, including, but not limited to, financial
23 management, budget management, physical plant management, and
24 property management.
25 (45) Each board of trustees may adopt rules and
26 procedures related to data or technology, including, but not
27 limited to, information systems, communications systems,
28 computer hardware and software, and networks.
29 (46) Each board of trustees may consider the past
30 actions of any person applying for employment and may deny
31
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1 employment to a person because of misconduct if determined to
2 be in the best interest of the community college.
3 Section 80. Section 1001.65, Florida Statutes, is
4 created to read:
5 1001.65 Community college presidents; powers and
6 duties.--The president is the chief executive officer of the
7 community college, shall be corporate secretary of the
8 community college board of trustees, and is responsible for
9 the operation and administration of the community college.
10 Each community college president shall:
11 (1) Recommend the adoption of rules, as appropriate,
12 to the community college board of trustees to implement
13 provisions of law governing the operation and administration
14 of the community college, which shall include the specific
15 powers and duties enumerated in this section. Such rules shall
16 be consistent with law, the mission of the community college
17 and the rules and policies of the State Board of Education.
18 (2) Prepare a budget request and an operating budget
19 pursuant to s. 1011.30 for approval by the community college
20 board of trustees at such time and in such format as the State
21 Board of Education may prescribe.
22 (3) Establish and implement policies and procedures to
23 recruit, appoint, transfer, promote, compensate, evaluate,
24 reward, demote, discipline, and remove personnel, within law
25 and rules of the State Board of Education and in accordance
26 with rules or policies approved by the community college board
27 of trustees.
28 (4) Govern admissions, subject to law and rules or
29 policies of the community college board of trustees and the
30 State Board of Education.
31
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1 (5) Approve, execute, and administer contracts for and
2 on behalf of the community college board of trustees for
3 licenses; the acquisition or provision of commodities, goods,
4 equipment, and services; leases of real and personal property;
5 and planning and construction to be rendered to or by the
6 community college, provided such contracts are within law and
7 guidelines of the State Board of Education and in conformance
8 with policies of the community college board of trustees, and
9 are for the implementation of approved programs of the
10 community college.
11 (6) Act for the community college board of trustees as
12 custodian of all community college property and financial
13 resources. The authority vested in the community college
14 president under this subsection includes the authority to
15 prioritize the use of community college space, property,
16 equipment, and resources and the authority to impose charges
17 for the use of those items.
18 (7) Establish the internal academic calendar of the
19 community college within general guidelines of the State Board
20 of Education.
21 (8) Administer the community college's program of
22 intercollegiate athletics.
23 (9) Recommend to the board of trustees the
24 establishment and termination of programs within the approved
25 role and scope of the community college.
26 (10) Award degrees.
27 (11) Recommend to the board of trustees a schedule of
28 tuition and fees to be charged by the community college,
29 within law and rules of the State Board of Education.
30 (12) Organize the community college to efficiently and
31 effectively achieve the goals of the community college.
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1 (13) Review periodically the operations of the
2 community college in order to determine how effectively and
3 efficiently the community college is being administered and
4 whether it is meeting the goals of its strategic plan adopted
5 by the State Board of Education.
6 (14) Enter into agreements for student exchange
7 programs that involve students at the community college and
8 students in other institutions of higher learning.
9 (15) Approve the internal procedures of student
10 government organizations and provide purchasing, contracting,
11 and budgetary review processes for these organizations.
12 (16) Ensure compliance with federal and state laws,
13 rules, regulations, and other requirements that are applicable
14 to the community college.
15 (17) Maintain all data and information pertaining to
16 the operation of the community college, and report on the
17 attainment by the community college of institutional and
18 statewide performance accountability goals.
19 (18) The college president shall certify to the
20 department a project's compliance with the requirements for
21 expenditure of PECO funds prior to release of funds pursuant
22 to the provisions of chapter 1013.
23 (19) Each community college president must provide to
24 the law enforcement agency and fire department that has
25 jurisdiction over the community college a copy of the floor
26 plans and other relevant documents for each educational
27 facility as defined in s. 1013.01(6). After the initial
28 submission of the floor plans and other relevant documents,
29 the community college president shall submit, by October 1 of
30 each year, revised floor plans and other relevant documents
31
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1 for each educational facility that was modified during the
2 preceding year.
3 (20) Each community college president shall establish
4 a committee to consider requests for waivers from the
5 provisions of s. 1008.29 and approve or disapprove the
6 committee's recommendations.
7 (21) Community college presidents shall jointly
8 develop and implement with school superintendents a
9 comprehensive articulated acceleration program, including a
10 comprehensive interinstitutional articulation agreement, for
11 the students enrolled in their respective school districts and
12 service areas pursuant to the provisions of s. 1007.235.
13 (22) Each president of a community college shall have
14 authority, after notice to the student of the charges and
15 after a hearing thereon, to expel, suspend, or otherwise
16 discipline any student who is found to have violated any law,
17 ordinance, or rule or regulation of the State Board of
18 Education or of the board of trustees of the community college
19 pursuant to the provisions of s. 1006.62.
20 (23) Each community college president shall submit an
21 annual employment accountability plan to the Department of
22 Education pursuant to the provisions of s. 1012.86.
23 (24) The community college presidents, or the
24 presidents' designees, shall annually evaluate each department
25 chairperson, dean, provost, and vice president in achieving
26 the annual and long-term goals and objectives of the community
27 college's employment accountability plan.
28 (25) The authority vested with a community college
29 shall be vested with the president of the community college or
30 his or her designee.
31
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1 Section 81. Part IV of chapter 1001, Florida Statutes,
2 shall be entitled "State Universities" and shall consist of
3 ss. 1001.71-1001.75.
4 Section 82. Section 1001.71, Florida Statutes, is
5 created to read:
6 1001.71 University boards of trustees; membership.--
7 (1) University boards of trustees shall be comprised
8 of 12 members appointed by the Governor and confirmed by the
9 Senate in the regular legislative session immediately
10 following his or her appointment. In addition, the student
11 body president elected on the main campus of the university
12 shall serve ex officio as a voting member of his or her
13 university board of trustees. There shall be no state
14 residency requirement for university board members, but the
15 Governor shall consider diversity and regional representation.
16 (2) Members of the boards of trustees shall receive no
17 compensation but may be reimbursed for travel and per diem
18 expenses as provided in s. 112.061.
19 (3) The Governor may remove a trustee upon the
20 recommendation of the State Board of Education, or for cause.
21 (4) Boards of trustees' members shall be appointed for
22 staggered 4-year terms, and may be reappointed for additional
23 terms not to exceed 8 years of service.
24 (5) Each board of trustees shall select its chair and
25 vice chair from the appointed members at its first regular
26 meeting after July 1. The chair shall serve for 2 years and
27 may be reselected for one additional consecutive term. The
28 duties of the chair shall include presiding at all meetings of
29 the board of trustees, calling special meetings of the board
30 of trustees, attesting to actions of the board of trustees,
31 and notifying the Governor in writing whenever a board member
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1 fails to attend three consecutive regular board meetings in
2 any fiscal year, which failure may be grounds for removal. The
3 duty of the vice chair is to act as chair during the absence
4 or disability of the chair.
5 (6) The university president shall serve as executive
6 officer and corporate secretary of the board of trustees and
7 shall be responsible to the board of trustees for all
8 operations of the university and for setting the agenda for
9 meetings of the board of trustees in consultation with the
10 chair.
11 Section 83. Section 1001.72, Florida Statutes, is
12 created to read:
13 1001.72 University boards of trustees; boards to
14 constitute a corporation.--
15 (1) Each board of trustees shall be a public body
16 corporate by the name of "The (name of university) Board of
17 Trustees," with all the powers of a body corporate, including
18 a corporate seal, the power to contract and be contracted
19 with, to sue and be sued, to plead and be impleaded in all
20 courts of law or equity, and to give and receive donations. In
21 all suits against a board of trustees, service of process
22 shall be made on the chair of the board of trustees or, in the
23 absence of the chair, on the corporate secretary or designee.
24 (2) It is the intent of the Legislature that the
25 university boards of trustees are not departments of the
26 executive branch of state government within the scope and
27 meaning of s. 6, Art. IV of the State Constitution.
28 (3) The corporation is constituted as a public
29 instrumentality, and the exercise by the corporation of the
30 power conferred by this section is considered to be the
31 performance of an essential public function. The corporation
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1 shall constitute an agency for the purposes of s. 120.52. The
2 corporation is subject to chapter 119, subject to exceptions
3 applicable to the corporation, and to the provisions of
4 chapter 286; however, the corporation shall be entitled to
5 provide notice of internal review committee meetings for
6 competitive proposals or procurement to applicants by mail or
7 facsimile rather than by means of publication. The corporation
8 is not governed by chapter 607, but by the provisions of this
9 part.
10 (4) No bureau, department, division, agency, or
11 subdivision of the state shall exercise any responsibility and
12 authority to operate any state university except as
13 specifically provided by law or rules of the State Board of
14 Education. This section shall not prohibit any department,
15 bureau, division, agency, or subdivision of the state from
16 providing access to programs or systems or providing other
17 assistance to a state university pursuant to an agreement
18 between the board of trustees and such department, bureau,
19 division, agency, or subdivision of the state.
20 Section 84. Section 1001.73, Florida Statutes, is
21 created to read:
22 1001.73 University board empowered to act as
23 trustee.--
24 (1) Whenever appointed by any competent court of the
25 state, or by any statute, or in any will, deed, or other
26 instrument, or in any manner whatever as trustee of any funds
27 or real or personal property in which any of the institutions
28 or agencies under its management, control, or supervision, or
29 their departments or branches or students, faculty members,
30 officers, or employees, may be interested as beneficiaries, or
31 otherwise, or for any educational purpose, a university board
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1 of trustees is hereby authorized to act as trustee with full
2 legal capacity as trustee to administer such trust property,
3 and the title thereto shall vest in said board as trustee. In
4 all such cases, the university board of trustees shall have
5 the power and capacity to do and perform all things as fully
6 as any individual trustee or other competent trustee might do
7 or perform, and with the same rights, privileges, and duties,
8 including the power, capacity, and authority to convey,
9 transfer, mortgage, or pledge such property held in trust and
10 to contract and execute all other documents relating to said
11 trust property which may be required for, or appropriate to,
12 the administration of such trust or to accomplish the purposes
13 of any such trust.
14 (2) Deeds, mortgages, leases, and other contracts of
15 the university board of trustees relating to real property of
16 any such trust or any interest therein may be executed by the
17 university board of trustees, as trustee, in the same manner
18 as is provided by the laws of the state for the execution of
19 similar documents by other corporations or may be executed by
20 the signatures of a majority of the members of the board of
21 trustees; however, to be effective, any such deed, mortgage,
22 or lease contract for more than 10 years of any trust
23 property, executed hereafter by the university board of
24 trustees, shall be approved by a resolution of the State Board
25 of Education; and such approving resolution may be evidenced
26 by the signature of either the chair or the secretary of the
27 State Board of Education to an endorsement on the instrument
28 approved, reciting the date of such approval, and bearing the
29 seal of the State Board of Education. Such signed and sealed
30 endorsement shall be a part of the instrument and entitled to
31 record without further proof.
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1 (3) Any and all such appointments of, and acts by, the
2 Board of Regents as trustee of any estate, fund, or property
3 prior to May 18, 1949, are hereby validated, and said board's
4 capacity and authority to act as trustee subject to the
5 provisions of s. 1000.01(5)(a) in all of such cases is
6 ratified and confirmed; and all deeds, conveyances, lease
7 contracts, and other contracts heretofore executed by the
8 Board of Regents, either by the signatures of a majority of
9 the members of the board or in the board's name by its chair
10 or chief executive officer, are hereby approved, ratified,
11 confirmed, and validated.
12 (4) Nothing herein shall be construed to authorize a
13 university board of trustees to contract a debt on behalf of,
14 or in any way to obligate, the state; and the satisfaction of
15 any debt or obligation incurred by the university board as
16 trustee under the provisions of this section shall be
17 exclusively from the trust property, mortgaged or encumbered;
18 and nothing herein shall in any manner affect or relate to the
19 provisions of ss. 1010.61-1010.619, or s. 1013.78.
20 Section 85. Section 1001.74, Florida Statutes, is
21 created to read:
22 1001.74 Powers and duties of university boards of
23 trustees.--
24 (1) The boards of trustees shall be responsible for
25 cost-effective policy decisions appropriate to the
26 university's mission, the implementation and maintenance of
27 high-quality education programs within law and rules of the
28 State Board of Education, the measurement of performance, the
29 reporting of information, and the provision of input regarding
30 state policy, budgeting, and education standards.
31
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1 (2) Each board of trustees is vested with the
2 authority to govern its university, as necessary to provide
3 proper governance and improvement of the university in
4 accordance with law and with rules of the State Board of
5 Education. Each board of trustees shall perform all duties
6 assigned by law or by rule of the State Board of Education or
7 the Commissioner of Education.
8 (3) A board of trustees shall have the power to take
9 action without a recommendation from the president and shall
10 have the power to require the president to deliver to the
11 board of trustees all data and information required by the
12 board of trustees in the performance of its duties.
13 (4) Each board of trustees may adopt rules pursuant to
14 ss. 120.536(1) and 120.54 to implement the provisions of law
15 conferring duties upon it. Such rules must be consistent with
16 rules of the State Board of Education.
17 (5) Each board of trustees shall have the authority to
18 acquire real and personal property and contract for the sale
19 and disposal of same and approve and execute contracts for the
20 purchase, sale, lease, license, or acquisition of commodities,
21 goods, equipment, contractual services, leases of real and
22 personal property, and construction. The acquisition may
23 include purchase by installment or lease-purchase. Such
24 contracts may provide for payment of interest on the unpaid
25 portion of the purchase price. Title to all real property
26 acquired prior to January 7, 2003, and to all real property
27 acquired with funds appropriated by the Legislature shall be
28 vested in the Board of Trustees of the Internal Improvement
29 Trust Fund and shall be transferred and conveyed by it.
30 Notwithstanding any other provisions of this subsection, each
31 board of trustees shall comply with the provisions of s.
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1 287.055 for the procurement of professional services as
2 defined therein.
3 (6) Each board of trustees shall have responsibility
4 for the use, maintenance, protection, and control of
5 university-owned or university-controlled buildings and
6 grounds, property and equipment, name, trademarks and other
7 proprietary marks, and the financial and other resources of
8 the university. Such authority may include placing
9 restrictions on activities and on access to facilities,
10 firearms, food, tobacco, alcoholic beverages, distribution of
11 printed materials, commercial solicitation, animals, and
12 sound. The authority vested in the board of trustees in this
13 subsection includes the prioritization of the use of space,
14 property, equipment, and resources and the imposition of
15 charges for those items.
16 (7) Each board of trustees has responsibility for the
17 establishment and discontinuance of degree programs up to and
18 including the master's degree level; the establishment and
19 discontinuance of course offerings; provision of credit and
20 noncredit educational offerings; location of classes; services
21 provided; and dissemination of information concerning such
22 programs and services. Approval of new programs must be
23 pursuant to criteria established by the State Board of
24 Education.
25 (8) Each board of trustees is authorized to create
26 divisions of sponsored research pursuant to the provisions of
27 s. 1011.411 to serve the function of administration and
28 promotion of the programs of research.
29 (9) Each board of trustees has responsibility for:
30 ensuring that students have access to general education
31 courses as identified in rule and requiring no more than 120
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1 semester hours of coursework for baccalaureate degree programs
2 unless approved by the State Board of Education. At least half
3 of the required coursework for any baccalaureate degree must
4 be offered at the lower-division level, except in program
5 areas approved by the State Board of Education.
6 (10) Each board of trustees has responsibility for
7 policies related to students, enrollment of students, student
8 activities and organizations, financial assistance, and other
9 student services.
10 (a) Each board of trustees shall govern admission of
11 students pursuant to s. 1007.261 and rules of the State Board
12 of Education. Each board of trustees may consider the past
13 actions of any person applying for admission or enrollment and
14 may deny admission or enrollment to an applicant because of
15 misconduct if determined to be in the best interest of the
16 university.
17 (b) Each board of trustees shall establish student
18 performance standards for the award of degrees and
19 certificates.
20 (c) Each board of trustees must identify its core
21 curricula and work with school districts to ensure that its
22 curricula coordinate with the core curricula and prepare
23 students for college-level work.
24 (d) Each board of trustees must adopt a written
25 antihazing policy, appropriate penalties for violations of
26 such policy, and a program for enforcing such policy.
27 (e) Each board of trustees may establish a uniform
28 code of conduct and appropriate penalties for violations of
29 its rules by students and student organizations, including
30 rules governing student academic honesty. Such penalties,
31 unless otherwise provided by law, may include fines, the
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1 withholding of diplomas or transcripts pending compliance with
2 rules or payment of fines, and the imposition of probation,
3 suspension, or dismissal.
4 (f) Each board of trustees shall establish a
5 committee, at least one-half of the members of which shall be
6 students appointed by the student body president, to
7 periodically review and evaluate the student judicial system.
8 (g) Each board of trustees must adopt a policy
9 pursuant to s. 1006.53 that reasonably accommodates the
10 religious observance, practice, and belief of individual
11 students in regard to admissions, class attendance, and the
12 scheduling of examinations and work assignments.
13 (h) A board of trustees may establish
14 intrainstitutional and interinstitutional programs to maximize
15 articulation pursuant to s. 1007.22.
16 (i) Each board of trustees shall approve the internal
17 procedures of student government organizations.
18 (11) Each board of trustees shall establish fees
19 pursuant to ss. 1009.24 and 1009.26.
20 (12) Each board of trustees shall submit an
21 institutional budget request, including a request for fixed
22 capital outlay, and an operating budget to the State Board of
23 Education for approval in accordance with guidelines
24 established by the State Board of Education.
25 (13) Each board of trustees shall account for
26 expenditures of all state, local, federal, and other funds in
27 the manner described by the Department of Education.
28 (14) Each board of trustees shall develop a strategic
29 plan specifying institutional goals and objectives for the
30 university for recommendation to the State Board of Education.
31
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1 (15) Each board of trustees shall develop an
2 accountability plan pursuant to guidelines established by the
3 State Board of Education.
4 (16) Each board of trustees shall maintain an
5 effective information system to provide accurate, timely, and
6 cost-effective information about the university.
7 (17) Each board of trustees is authorized to secure
8 comprehensive general liability insurance pursuant to s.
9 1004.24.
10 (18) Each board of trustees may provide for payment of
11 the costs of civil actions against officers, employees, or
12 agents of the board pursuant to s. 1012.965.
13 (19) Each board of trustees shall establish the
14 personnel program for all employees of the university,
15 including the president, pursuant to the provisions of chapter
16 1012 and, in accordance with rules and guidelines of the State
17 Board of Education, including: compensation and other
18 conditions of employment, recruitment and selection,
19 nonreappointment, standards for performance and conduct,
20 evaluation, benefits and hours of work, leave policies,
21 recognition and awards, inventions and works, travel, learning
22 opportunities, exchange programs, academic freedom and
23 responsibility, promotion, assignment, demotion, transfer,
24 tenure and permanent status, ethical obligations and conflicts
25 of interest, restrictive covenants, disciplinary actions,
26 complaints, appeals and grievance procedures, and separation
27 and termination from employment.
28 (20) Each board of trustees may consider the past
29 actions of any person applying for employment and may deny
30 employment to a person because of misconduct if determined to
31 be in the best interest of the university.
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1 (21) Each board of trustees shall appoint a
2 presidential search committee to make recommendations to the
3 full board of trustees, from which the board of trustees may
4 select a candidate for ratification by the State Board of
5 Education.
6 (22) Each board of trustees shall conduct an annual
7 evaluation of the president in accordance with rules of the
8 State Board of Education and submit such evaluations to the
9 State Board of Education for review. The evaluation must
10 address the achievement of the performance goals established
11 by the accountability process implemented pursuant to s.
12 1008.46 and the performance of the president in achieving the
13 annual and long-term goals and objectives established in the
14 institution's employment equity accountability program
15 implemented pursuant to s. 1012.95.
16 (23) Each board of trustees constitutes the
17 contracting agent of the university.
18 (24) Each board of trustees may enter into agreements
19 for, and accept, credit card payments as compensation for
20 goods, services, tuition, and fees.
21 (25) Each board of trustees may establish educational
22 research centers for child development pursuant to s. 1011.48.
23 (26) Each board of trustees may develop and produce
24 work products relating to educational endeavors that are
25 subject to trademark, copyright, or patent statutes pursuant
26 to s. 1004.23.
27 (27) Each board of trustees shall submit to the State
28 Board of Education, for approval, all new campuses and
29 instructional centers.
30
31
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1 (28) Each board of trustees shall administer a program
2 for the maintenance and construction of facilities pursuant to
3 chapter 1013.
4 (29) Each board of trustees shall ensure compliance
5 with the provisions of s. 287.09451 for all procurement and
6 ss. 255.101 and 255.102 for construction contracts, and rules
7 adopted pursuant thereto, relating to the utilization of
8 minority business enterprises, except that procurements
9 costing less than the amount provided for in CATEGORY FIVE as
10 provided in s. 287.017 shall not be subject to s. 287.09451.
11 (30) Each board of trustees may exercise the right of
12 eminent domain pursuant to the provisions of chapter 1013. Any
13 suits or actions brought by the board of trustees shall be
14 brought in the name of the board of trustees, and the
15 Department of Legal Affairs shall conduct the proceedings for,
16 and act as the counsel of, the board of trustees.
17 (31) Notwithstanding the provisions of s. 253.025,
18 each board of trustees may, with the consent of the Board of
19 Trustees of the Internal Improvement Trust Fund, sell, convey,
20 transfer, exchange, trade, or purchase real property and
21 related improvements necessary and desirable to serve the
22 needs and purposes of the university.
23 (a) The board of trustees may secure appraisals and
24 surveys. The board of trustees shall comply with the rules of
25 the Board of Trustees of the Internal Improvement Trust Fund
26 in securing appraisals. Whenever the board of trustees finds
27 it necessary for timely property acquisition, it may contract,
28 without the need for competitive selection, with one or more
29 appraisers whose names are contained on the list of approved
30 appraisers maintained by the Division of State Lands in the
31 Department of Environmental Protection.
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1 (b) The board of trustees may negotiate and enter into
2 an option contract before an appraisal is obtained. The option
3 contract must state that the final purchase price may not
4 exceed the maximum value allowed by law. The consideration for
5 such an option contract may not exceed 10 percent of the
6 estimate obtained by the board of trustees or 10 percent of
7 the value of the parcel, whichever is greater, unless
8 otherwise authorized by the board of trustees.
9 (c) This subsection is not intended to abrogate in any
10 manner the authority delegated to the Board of Trustees of the
11 Internal Improvement Trust Fund or the Division of State Lands
12 to approve a contract for purchase of state lands or to
13 require policies and procedures to obtain clear legal title to
14 parcels purchased for state purposes. Title to property
15 acquired by a university board of trustees prior to January 7,
16 2003, and to property acquired with funds appropriated by the
17 Legislature shall vest in the Board of Trustees of the
18 Internal Improvement Trust Fund.
19 (32) Each board of trustees shall prepare and adopt a
20 campus master plan pursuant to s. 1013.30.
21 (33) Each board of trustees shall prepare, adopt, and
22 execute a campus development agreement pursuant to s. 1013.30.
23 (34) Each board of trustees has responsibility for
24 compliance with state and federal laws, rules, regulations,
25 and requirements.
26 (35) Each board of trustees may govern traffic on the
27 grounds of that campus pursuant to s. 1006.66.
28 (36) A board of trustees has responsibility for
29 supervising faculty practice plans for the academic health
30 science centers.
31
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1 (37) Each board of trustees shall prescribe conditions
2 for direct-support organizations and university health
3 services support organizations to be certified and to use
4 university property and services. Conditions relating to
5 certification must provide for audit review and oversight by
6 the board of trustees.
7 (38) Each board of trustees shall actively implement a
8 plan, in accordance with guidelines of the State Board of
9 Education, for working on a regular basis with the other
10 university boards of trustees, representatives of the
11 community college boards of trustees, and representatives of
12 the district school boards, to achieve the goals of the
13 seamless education system.
14 (39) Notwithstanding the provisions of s. 216.351, a
15 board of trustees may authorize the rent or lease of parking
16 facilities, provided that such facilities are funded through
17 parking fees or parking fines imposed by a university. A board
18 of trustees may authorize a university to charge fees for
19 parking at such rented or leased parking facilities.
20 (40) Each board of trustees may adopt rules and
21 procedures related to data and technology, including
22 information systems, communications systems, computer hardware
23 and software, and networks.
24 (41) A board of trustees shall perform such other
25 duties as are provided by law or rule of the State Board of
26 Education.
27 Section 86. Section 1001.75, Florida Statutes, is
28 created to read:
29 1001.75 University presidents; powers and duties.--The
30 president is the chief executive officer of the state
31 university, shall be corporate secretary of the university
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1 board of trustees, and is responsible for the operation and
2 administration of the university. Each state university
3 president shall:
4 (1) Recommend the adoption of rules, as appropriate,
5 to the university board of trustees to implement provisions of
6 law governing the operation and administration of the
7 university, which shall include the specific powers and duties
8 enumerated in this section. Such rules shall be consistent
9 with the mission of the university and the rules and policies
10 of the State Board of Education.
11 (2) Prepare a budget request and an operating budget
12 for approval by the university board of trustees.
13 (3) Establish and implement policies and procedures to
14 recruit, appoint, transfer, promote, compensate, evaluate,
15 reward, demote, discipline, and remove personnel, within law
16 and rules of the State Board of Education and in accordance
17 with rules or policies approved by the university board of
18 trustees.
19 (4) Govern admissions, subject to law and rules or
20 policies of the university board of trustees and the State
21 Board of Education.
22 (5) Approve, execute, and administer contracts for and
23 on behalf of the university board of trustees for licenses;
24 the acquisition or provision of commodities, goods, equipment,
25 and services; leases of real and personal property; and
26 planning and construction to be rendered to or by the
27 university, provided such contracts are within law and rules
28 of the State Board of Education and in conformance with
29 policies of the university board of trustees, and are for the
30 implementation of approved programs of the university.
31 University presidents shall comply with the provisions of s.
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1 287.055 for the procurement of professional services and may
2 approve and execute all contracts on behalf of the board of
3 trustees for planning, construction, and equipment. For the
4 purposes of a university president's contracting authority, a
5 "continuing contract" for professional services under the
6 provisions of s. 287.055 is one in which construction costs do
7 not exceed $1 million or the fee for study activity does not
8 exceed $100,000.
9 (6) Act for the university board of trustees as
10 custodian of all university property.
11 (7) Establish the internal academic calendar of the
12 university within general guidelines of the State Board of
13 Education.
14 (8) Administer the university's program of
15 intercollegiate athletics.
16 (9) Recommend to the board of trustees the
17 establishment and termination of undergraduate and
18 master's-level degree programs within the approved role and
19 scope of the university.
20 (10) Award degrees.
21 (11) Recommend to the board of trustees a schedule of
22 tuition and fees to be charged by the university, within law
23 and rules of the State Board of Education.
24 (12) Organize the university to efficiently and
25 effectively achieve the goals of the university.
26 (13) Review periodically the operations of the
27 university in order to determine how effectively and
28 efficiently the university is being administered and whether
29 it is meeting the goals of its strategic plan adopted by the
30 State Board of Education.
31
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1 (14) Enter into agreements for student exchange
2 programs that involve students at the university and students
3 in other institutions of higher learning.
4 (15) Provide purchasing, contracting, and budgetary
5 review processes for student government organizations.
6 (16) Ensure compliance with federal and state laws,
7 rules, regulations, and other requirements that are applicable
8 to the university.
9 (17) Maintain all data and information pertaining to
10 the operation of the university, and report on the attainment
11 by the university of institutional and statewide performance
12 accountability goals.
13 (18) Adjust property records and dispose of
14 state-owned tangible personal property in the university's
15 custody in accordance with procedures established by the
16 university board of trustees. Notwithstanding the provisions
17 of s. 273.055(5), all moneys received from the disposition of
18 state-owned tangible personal property shall be retained by
19 the university and disbursed for the acquisition of tangible
20 personal property and for all necessary operating
21 expenditures. The university shall maintain records of the
22 accounts into which such moneys are deposited.
23 (19) The powers, duties, and authority vested with a
24 university shall be vested with the president of the
25 university or his or her designee.
26 Section 87. Chapter 1002, Florida Statutes, shall be
27 entitled "Student and Parental Rights and Educational Choices"
28 and shall consist of ss. 1002.01-1002.44.
29 Section 88. Part I of chapter 1002, Florida Statutes,
30 shall be entitled "General Provisions" and shall consist of s.
31 1002.01.
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1 Section 89. Section 1002.01, Florida Statutes, is
2 created to read:
3 1002.01 Definitions.--
4 (1) A "home education program" means the sequentially
5 progressive instruction of a student directed by his or her
6 parent in order to satisfy the attendance requirements of ss.
7 1002.41, 1003.01(4), and 1003.21(1).
8 (2) A "private school" is a nonpublic school defined
9 as an individual, association, copartnership, or corporation,
10 or department, division, or section of such organizations,
11 that designates itself as an educational center that includes
12 kindergarten or a higher grade or as an elementary, secondary,
13 business, technical, or trade school below college level or
14 any organization that provides instructional services that
15 meet the intent of s. 1003.01(14) or that gives preemployment
16 or supplementary training in technology or in fields of trade
17 or industry or that offers academic, literary, or career and
18 technical training below college level, or any combination of
19 the above, including an institution that performs the
20 functions of the above schools through correspondence or
21 extension, except those licensed under the provisions of
22 chapter 1005. A private school may be a parochial, religious,
23 denominational, for-profit, or nonprofit school. This
24 definition does not include home education programs conducted
25 in accordance with s. 1002.41.
26 Section 90. Part II of chapter 1002, Florida Statutes,
27 shall be entitled "Student and Parental Rights" and shall
28 consist of ss. 1002.20-1002.22.
29 Section 91. Section 1002.20, Florida Statutes, is
30 created to read:
31
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1 1002.20 K-12 student and parent rights.--K-12 students
2 and their parents are afforded numerous statutory rights
3 including, but not limited to, the following:
4 (1) SYSTEM OF EDUCATION.--In accordance with s. 1,
5 Art. IX of the State Constitution, all K-12 public school
6 students are entitled to a uniform, safe, secure, efficient,
7 and high quality system of education, one that allows students
8 the opportunity to obtain a high quality education. Parents
9 are responsible to ready their children for school; however,
10 the State of Florida cannot be the guarantor of each
11 individual student's success.
12 (2) ATTENDANCE.--
13 (a) Compulsory school attendance.--The compulsory
14 school attendance laws apply to all children between the ages
15 of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),
16 and, in accordance with the provisions of s. 1003.21(1) and
17 (2)(a):
18 1. A student who attains the age of 16 years during
19 the school year has the right to file a formal declaration of
20 intent to terminate school enrollment if the declaration is
21 signed by the parent. The parent has the right to be notified
22 by the school district of the district's receipt of the
23 student's declaration of intent to terminate school
24 enrollment.
25 2. Students who become or have become married or who
26 are pregnant and parenting have the right to attend school and
27 receive the same or equivalent educational instruction as
28 other students.
29 (b) Regular school attendance.--Parents of students
30 who have attained the age of 6 years by February 1 of any
31 school year but who have not attained the age of 16 years must
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1 comply with the compulsory school attendance laws. Parents
2 have the option to comply with the school attendance laws by
3 attendance of the student in a public school; a parochial,
4 religious, or denominational school; a private school; a home
5 education program; or a private tutoring program, in
6 accordance with the provisions of s. 1003.01(14).
7 (c) Absence for religious purposes.--A parent of a
8 public school student may request and be granted permission
9 for absence of the student from school for religious
10 instruction or religious holidays, in accordance with the
11 provisions of s. 1003.21(2)(b).
12 (d) Dropout prevention and academic intervention
13 programs.--The parent of a public school student has the right
14 to receive written notice by certified mail prior to placement
15 of the student in a dropout prevention and academic
16 intervention program and shall be notified in writing and
17 entitled to an administrative review of any action by school
18 personnel relating to the student's placement, in accordance
19 with the provisions of s. 1003.53(5).
20 (3) HEALTH ISSUES.--
21 (a) School-entry health examinations.--The parent of
22 any child attending a public or private school shall be exempt
23 from the requirement of a health examination upon written
24 request stating objections on religious grounds in accordance
25 with the provisions of s. 1003.22(1) and (2).
26 (b) Immunizations.--The parent of any child attending
27 a public or private school shall be exempt from the school
28 immunization requirements upon meeting any of the exemptions
29 in accordance with the provisions of s. 1003.22(5).
30 (c) Biological experiments.--Parents may request that
31 their child be excused from performing surgery or dissection
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1 in biological science classes in accordance with the
2 provisions of s. 1003.47.
3 (d) Reproductive health and disease education.--A
4 public school student whose parent makes written request to
5 the school principal shall be exempted from the teaching of
6 reproductive health or any disease, including HIV/AIDS, in
7 accordance with the provisions of s. 1003.42(3).
8 (e) Contraceptive services to public school
9 students.--In accordance with the provisions of s.
10 1006.062(7), students may not be referred to or offered
11 contraceptive services at school facilities without the
12 parent's consent.
13 (f) Career and technical education courses involving
14 hazardous substances.--High school students must be given
15 plano safety glasses or devices in career and technical
16 education courses involving the use of hazardous substances
17 likely to cause eye injury, in accordance with the provisions
18 of s. 1006.65.
19 (g) Substance abuse reports.--The parent of a public
20 school student must be timely notified of any verified report
21 of a substance abuse violation by the student, in accordance
22 with the provisions of s. 1006.09(8).
23 (h) Inhaler use.--Asthmatic students whose parent and
24 physician provide their approval to the school principal may
25 carry a metered dose inhaler on their person while in school.
26 The school principal shall be provided a copy of the parent's
27 and physician's approval.
28 (4) DISCIPLINE.--
29 (a) Suspension of public school student.--In
30 accordance with the provisions of s. 1006.09(1)-(4):
31
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1 1. A student may be suspended only as provided by rule
2 of the district school board. A good faith effort must be made
3 to immediately inform the parent by telephone of the student's
4 suspension and the reason. Each suspension and the reason
5 must be reported in writing within 24 hours to the parent by
6 U.S. mail. A good faith effort must be made to use parental
7 assistance before suspension unless the situation requires
8 immediate suspension.
9 2. A student with a disability may only be recommended
10 for suspension or expulsion in accordance with State Board of
11 Education rules.
12 (b) Expulsion.--Public school students and their
13 parents have the right to written notice of a recommendation
14 of expulsion, including the charges against the student and a
15 statement of the right of the student to due process, in
16 accordance with the provisions of s. 1001.51(8).
17 (c) Corporal punishment.--In accordance with the
18 provisions of s. 1003.32, corporal punishment of a public
19 school student may only be administered by a teacher or school
20 principal within guidelines of the school principal and
21 according to district school board policy. Another adult must
22 be present and must be informed in the student's presence of
23 the reason for the punishment. Upon request, the teacher or
24 school principal must provide the parent with a written
25 explanation of the reason for the punishment and the name of
26 the other adult who was present.
27 (5) SAFETY.--In accordance with the provisions of s.
28 1006.13(5), students who have been victims of certain felony
29 offenses by other students, as well as the siblings of the
30 student victims, have the right to be kept separated from the
31
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1 student offender both at school and during school
2 transportation.
3 (6) EDUCATIONAL CHOICE.--
4 (a) Public school choices.--Parents of public school
5 students may seek whatever public school choice options that
6 are applicable to their students and are available to students
7 in their school districts. These options may include
8 controlled open enrollment, lab schools, charter schools,
9 charter technical career centers, magnet schools, alternative
10 schools, special programs, advanced placement, dual
11 enrollment, International Baccalaureate, early admissions,
12 credit by examination or demonstration of competency, the New
13 World School of the Arts, the Florida School for the Deaf and
14 Blind, and the Florida Virtual High School. These options may
15 also include the public school choice options of the
16 Opportunity Scholarship Program and the McKay Scholarships for
17 Students with Disabilities Program.
18 (b) Private school choices.--Parents of public school
19 students may seek private school choice options under certain
20 programs.
21 1. Under the Opportunity Scholarship Program, the
22 parent of a student in a failing public school may request and
23 receive an opportunity scholarship for the student to attend a
24 private school in accordance with the provisions of s.
25 1002.38.
26 2. Under the McKay Scholarships for Students with
27 Disabilities Program, the parent of a public school student
28 with a disability who is dissatisfied with the student's
29 progress may request and receive a McKay Scholarship for the
30 student to attend a private school in accordance with the
31 provisions of s. 1002.39.
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1 3. Under the corporate income tax credit scholarship
2 program, the parent of a student who qualifies for free or
3 reduced-price school lunch may seek a scholarship from an
4 eligible nonprofit scholarship-funding organization in
5 accordance with the provisions of s. 220.187.
6 (c) Home education.--The parent of a student may
7 choose to place the student in a home education program in
8 accordance with the provisions of s. 1002.41.
9 (d) Private tutoring.--The parent of a student may
10 choose to place the student in a private tutoring program in
11 accordance with the provisions of s. 1002.43(1).
12 (7) NONDISCRIMINATION.--All education programs,
13 activities, and opportunities offered by public educational
14 institutions must be made available without discrimination on
15 the basis of race, ethnicity, national origin, gender,
16 disability, or marital status, in accordance with the
17 provisions of s. 1000.05.
18 (8) STUDENTS WITH DISABILITIES.--Parents of public
19 school students with disabilities and parents of public school
20 students in residential care facilities are entitled to notice
21 and due process in accordance with the provisions of ss.
22 1003.57 and 1003.58. Public school students with disabilities
23 must be provided the opportunity to meet the graduation
24 requirements for a standard high school diploma in accordance
25 with the provisions of s. 1003.43(4). Certain public school
26 students with disabilities may be awarded a special diploma
27 upon high school graduation.
28 (9) BLIND STUDENTS.--Blind students have the right to
29 an individualized written education program and appropriate
30 instructional materials to attain literacy, in accordance with
31 provisions of s. 1003.55.
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1 (10) LIMITED ENGLISH PROFICIENT STUDENTS.--In
2 accordance with the provisions of s. 1003.56, limited English
3 proficient students have the right to receive ESOL (English
4 for Speakers of Other Languages) instruction designed to
5 develop the student's mastery of listening, speaking, reading,
6 and writing in English as rapidly as possible, and the
7 students' parents have the right of parental involvement in
8 the ESOL program.
9 (11) BASIC RELIGIOUS FREEDOMS.--In accordance with the
10 joint statement of current case law by the American Jewish
11 Congress, the ACLU, the Anti-Defamation League, and others:
12 (a) Right to pray.--Students have the right to pray
13 individually or in groups or to discuss their religious views
14 with their peers so long as they are not disruptive.
15 (b) Right to express.--Students may express their
16 religious beliefs in the form of reports, homework, and
17 artwork, and such expressions are constitutionally protected.
18 Teachers may not reject or correct such submissions simply
19 because they include a religious symbol or address religious
20 themes.
21 (c) Right to distribute.--Students have the right to
22 distribute religious literature to their schoolmates, subject
23 to those reasonable time, place, and manner or other
24 constitutionally acceptable restrictions imposed on the
25 distribution of all nonschool literature.
26 (d) Right to participate.--Student participation in
27 before-school or after-school events, such as "See you at the
28 pole," is permissible.
29 (e) Right to speak.--Students have the right to speak
30 to, and attempt to persuade, their peers about religious
31 topics just as they do with regard to political topics.
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1 (f) Right to meet.--Student religious clubs in
2 secondary schools must be permitted to meet and to have equal
3 access to campus media to announce their meetings if a school
4 receives federal funds and permits any student noncurricular
5 club to meet during noninstructional time.
6 (12) PLEDGE OF ALLEGIANCE.--A public school student
7 must be excused from reciting the pledge of allegiance upon
8 written request by the student's parent, in accordance with
9 the provisions of s. 1003.44.
10 (13) STUDENT RECORDS.--
11 (a) Parent rights.--Parents have rights regarding the
12 student records of their children, including right of access,
13 right of waiver of access, right to challenge and hearing, and
14 right of privacy, in accordance with the provisions of s.
15 1002.22.
16 (b) Student rights.--In accordance with the provisions
17 of s. 1008.386, a student is not required to provide his or
18 her social security number as a condition for enrollment or
19 graduation.
20 (14) STUDENT REPORT CARDS.--Students and their parents
21 have the right to receive student report cards on a regular
22 basis that clearly depict and grade the student's academic
23 performance in each class or course, the student's conduct,
24 and the student's attendance, in accordance with the
25 provisions of s. 1003.33.
26 (15) STUDENT PROGRESS REPORTS.--Parents of public
27 school students shall be apprised at regular intervals of the
28 academic progress and other needed information regarding their
29 child, in accordance with the provisions of s. 1003.02(1)(h)2.
30 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT
31 RATING REPORTS.--Parents of public school students are
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1 entitled to an easy-to-read report card about the grade
2 designation, school accountability including the school
3 financial report, and school improvement rating of their
4 child's school in accordance with the provisions of ss.
5 1008.22, 1003.02(3), and 1010.215(5).
6 (17) ATHLETICS; PUBLIC HIGH SCHOOL.--
7 (a) Eligibility.--Eligibility requirements for all
8 students participating in high school athletic competition
9 must allow a student to be eligible in the school in which he
10 or she first enrolls each school year, or makes himself or
11 herself a candidate for an athletic team by engaging in
12 practice before enrolling, in accordance with the provisions
13 of s. 1006.20(2)(a).
14 (b) Medical evaluation.--Students must satisfactorily
15 pass a medical evaluation each year before participating in
16 athletics, unless the parent objects in writing based on
17 religious tenets or practices, in accordance with the
18 provisions of s. 1006.20(2)(d).
19 (18) EXTRACURRICULAR ACTIVITIES.--In accordance with
20 the provisions of s. 1006.15:
21 (a) Eligibility.--Students who meet specified academic
22 and conduct requirements are eligible to participate in
23 extracurricular activities.
24 (b) Home education students.--Home education students
25 who meet specified academic and conduct requirements are
26 eligible to participate in extracurricular activities at the
27 public school to which the student would be assigned or could
28 choose to attend according to district school board policies,
29 or may develop an agreement to participate at a private
30 school.
31
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1 (c) Charter school students.--Charter school students
2 who meet specified academic and conduct requirements are
3 eligible to participate in extracurricular activities at the
4 public school to which the student would be assigned or could
5 choose to attend according to district school board policies,
6 unless such activity is provided by the student's charter
7 school.
8 (d) Discrimination prohibited.--Organizations that
9 regulate or govern extracurricular activities of public
10 schools shall not discriminate against any eligible student
11 based on an educational choice of public, private, or home
12 education.
13 (19) INSTRUCTIONAL MATERIALS.--
14 (a) Core courses.--Each public school student is
15 entitled to sufficient instructional materials in the core
16 courses of mathematics, language arts, social studies,
17 science, reading, and literature, in accordance with the
18 provisions of ss. 1003.02(1)(d) and 1006.40(2).
19 (b) Curricular objectives.--The parent of each public
20 school student has the right to receive effective
21 communication from the school principal as to the manner in
22 which instructional materials are used to implement the
23 school's curricular objectives, in accordance with the
24 provisions of s. 1006.28(3)(a).
25 (c) Sale of instructional materials.--Upon request of
26 the parent of a public school student, the school principal
27 must sell to the parent any instructional materials used in
28 the school, in accordance with the provisions of s.
29 1006.28(3)(c).
30 (d) Dual enrollment students.--Instructional materials
31 purchased by a district school board or community college
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1 board of trustees on behalf of public school dual enrollment
2 students shall be made available to the dual enrollment
3 students free of charge, in accordance with the provisions of
4 s. 1007.271(14) and (15).
5 (20) JUVENILE JUSTICE PROGRAMS.--Students who are in
6 juvenile justice programs have the right to receive
7 educational programs and services in accordance with the
8 provisions of s. 1003.52.
9 (21) PARENTAL INPUT AND MEETINGS.--
10 (a) Meetings with school district personnel.--Parents
11 of public school students may be accompanied by another adult
12 of their choice at any meeting with school district personnel.
13 (b) School district best financial management practice
14 reviews.--Public school students and their parents may provide
15 input regarding their concerns about the operations and
16 management of the school district both during and after the
17 conduct of a school district best financial management
18 practices review, in accordance with the provisions of s.
19 1008.35.
20 (c) District school board educational facilities
21 programs.--Parents of public school students and other members
22 of the public have the right to receive proper public notice
23 and opportunity for public comment regarding the district
24 school board's educational facilities work program, in
25 accordance with the provisions of s. 1013.35.
26 (22) TRANSPORTATION.--
27 (a) Transportation to school.--Public school students
28 shall be provided transportation to school, in accordance with
29 the provisions of s. 1006.21(3)(a).
30 (b) Hazardous walking conditions.--K-6 public school
31 students shall be provided transportation if they are
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1 subjected to hazardous walking conditions, in accordance with
2 the provisions of ss. 1006.21(3)(b) and 1006.23.
3 (c) Parental consent.--Each parent of a public school
4 student must be notified in writing and give written consent
5 before the student may be transported in a privately owned
6 motor vehicle to a school function, in accordance with the
7 provisions of s. 1006.22(2)(b).
8 Section 92. Section 1002.21, Florida Statutes, is
9 created to read:
10 1002.21 Postsecondary student and parent rights.--
11 (1) STUDENT RECORDS.--Parents have rights regarding
12 the student records of their children, and students 18 years
13 of age and older have rights regarding their student records,
14 including right of access, right of waiver of access, right to
15 challenge and hearing, and right of privacy, in accordance
16 with the provisions of ss. 1002.22, 1005.36, and 1006.52.
17 (2) LEARNING DISABLED STUDENTS.--Impaired and learning
18 disabled students may be eligible for reasonable substitution
19 for admission, graduation, and upper-level division
20 requirements of public postsecondary educational institutions,
21 in accordance with the provisions of s. 1007.264.
22 (3) EXPULSION, SUSPENSION, DISCIPLINE.--Public
23 postsecondary education students may be expelled, suspended,
24 or otherwise disciplined by the president of a public
25 postsecondary educational institution after notice to the
26 student of the charges and a hearing on the charges, in
27 accordance with the provisions of s. 1006.62.
28 (4) RELIGIOUS BELIEFS.--Public postsecondary
29 educational institutions must provide reasonable
30 accommodations for the religious practices and beliefs of
31 individual students in regard to admissions, class attendance,
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1 and the scheduling of examinations and work assignments, in
2 accordance with the provisions of s. 1006.53, and must provide
3 and describe in the student handbook a grievance procedure for
4 students to seek redress when they feel they have been
5 unreasonably denied an educational benefit due to their
6 religious beliefs or practices.
7 (5) STUDENT HANDBOOKS.--Each state university and
8 community college shall provide its students with an
9 up-to-date student handbook that includes student rights and
10 responsibilities, appeals processes available to students,
11 contact persons available to help students, student conduct
12 code, and information regarding HIV and AIDS, in accordance
13 with the provisions of s. 1006.50.
14 (6) STUDENT OMBUDSMAN OFFICE.--Each state university
15 and community college shall maintain a student ombudsman
16 office and established procedures for students to appeal to
17 the office regarding decisions about the student's access to
18 courses and credit granted toward the student's degree, in
19 accordance with the provisions of s. 1006.51.
20 Section 93. Section 1002.22, Florida Statutes, is
21 created to read:
22 1002.22 Student records and reports; rights of parents
23 and students; notification; penalty.--
24 (1) PURPOSE.--The purpose of this section is to
25 protect the rights of students and their parents with respect
26 to student records and reports as created, maintained, and
27 used by public educational institutions in the state. The
28 intent of the Legislature is that students and their parents
29 shall have rights of access, rights of challenge, and rights
30 of privacy with respect to such records and reports, and that
31 rules shall be available for the exercise of these rights.
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1 (2) DEFINITIONS.--As used in this section:
2 (a) "Chief executive officer" means that person,
3 whether elected or appointed, who is responsible for the
4 management and administration of any public educational body
5 or unit, or the chief executive officer's designee for student
6 records; that is, the district school superintendent, the
7 director of an area technical center, the president of a
8 public postsecondary educational institution, or their
9 designees.
10 (b) "Directory information" includes the student's
11 name, address, telephone number if it is a listed number, date
12 and place of birth, major field of study, participation in
13 officially recognized activities and sports, weight and height
14 of members of athletic teams, dates of attendance, degrees and
15 awards received, and the most recent previous educational
16 agency or institution attended by the student.
17 (c) "Records" and "reports" mean official records,
18 files, and data directly related to students that are created,
19 maintained, and used by public educational institutions,
20 including all material that is incorporated into each
21 student's cumulative record folder and intended for school use
22 or to be available to parties outside the school or school
23 system for legitimate educational or research purposes.
24 Materials that shall be considered as part of a student's
25 record include, but are not necessarily limited to:
26 identifying data, including a student's social security
27 number; academic work completed; level of achievement records,
28 including grades and standardized achievement test scores;
29 attendance data; scores on standardized intelligence,
30 aptitude, and psychological tests; interest inventory results;
31 health data; family background information; teacher or
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1 counselor ratings and observations; verified reports of
2 serious or recurrent behavior patterns; and any other
3 evidence, knowledge, or information recorded in any medium,
4 including, but not limited to, handwriting, typewriting,
5 print, magnetic tapes, film, microfilm, and microfiche, and
6 maintained and used by an educational agency or institution or
7 by a person acting for such agency or institution. However,
8 the terms "records" and "reports" do not include:
9 1. Records of instructional, supervisory, and
10 administrative personnel, and educational personnel ancillary
11 to those persons, that are kept in the sole possession of the
12 maker of the record and are not accessible or revealed to any
13 other person except a substitute for any of such persons. An
14 example of records of this type is instructor's grade books.
15 2. Records of law enforcement units of the institution
16 that are maintained solely for law enforcement purposes and
17 that are not available to persons other than officials of the
18 institution or law enforcement officials of the same
19 jurisdiction in the exercise of that jurisdiction.
20 3. Records made and maintained by the institution in
21 the normal course of business that relate exclusively to a
22 student in his or her capacity as an employee and that are not
23 available for use for any other purpose.
24 4. Records created or maintained by a physician,
25 psychiatrist, psychologist, or other recognized professional
26 or paraprofessional acting in his or her professional or
27 paraprofessional capacity, or assisting in that capacity, that
28 are created, maintained, or used only in connection with the
29 provision of treatment to the student and that are not
30 available to anyone other than persons providing such
31
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1 treatment. However, such records shall be open to a physician
2 or other appropriate professional of the student's choice.
3 5. Directory information as defined in this section.
4 6. Other information, files, or data that do not
5 permit the personal identification of a student.
6 7. Letters or statements of recommendation or
7 evaluation that were confidential under Florida law and that
8 were received and made a part of the student's educational
9 records prior to July 1, 1977.
10 8. Copies of the student's fingerprints. No public
11 educational institution shall maintain any report or record
12 relative to a student that includes a copy of the student's
13 fingerprints.
14 (d) "Student" means any child or adult who is enrolled
15 or who has been enrolled in any instructional program or
16 activity conducted under the authority and direction of an
17 institution comprising a part of the state system of public
18 education and with respect to whom an educational institution
19 maintains educational records and reports or personally
20 identifiable information, but does not include a person who
21 has not been in attendance as an enrollee at such institution.
22 (3) RIGHTS OF PARENT OR STUDENT.--The parent of any
23 student who attends or has attended any public school, area
24 technical center, or public postsecondary educational
25 institution shall have the following rights with respect to
26 any records or reports created, maintained, and used by any
27 public educational institution in the state. However,
28 whenever a student has attained 18 years of age, or is
29 attending a postsecondary educational institution, the
30 permission or consent required of, and the rights accorded to,
31 the parents of the student shall thereafter be required of and
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1 accorded to the student only, unless the student is a
2 dependent student of such parents as defined in 26 U.S.C. s.
3 152 (s. 152 of the Internal Revenue Code of 1954). The State
4 Board of Education shall adopt rules whereby parents or
5 students may exercise these rights:
6 (a) Right of access.--
7 1. Such parent or student shall have the right, upon
8 request directed to the appropriate school official, to be
9 provided with a list of the types of records and reports,
10 directly related to students, as maintained by the institution
11 that the student attends or has attended.
12 2. Such parent or student shall have the right, upon
13 request, to be shown any record or report relating to such
14 student maintained by any public educational institution.
15 When the record or report includes information on more than
16 one student, the parent or student shall be entitled to
17 receive, or be informed of, only that part of the record or
18 report that pertains to the student who is the subject of the
19 request. Upon a reasonable request therefor, the institution
20 shall furnish such parent or student with an explanation or
21 interpretation of any such record or report.
22 3. Copies of any list, record, or report requested
23 under the provisions of this paragraph shall be furnished to
24 the parent or student upon request.
25 4. The State Board of Education shall adopt rules to
26 be followed by all public educational institutions in granting
27 requests for lists, or for access to reports and records or
28 for copies or explanations thereof under this paragraph.
29 However, access to any report or record requested under the
30 provisions of subparagraph 2. shall be granted within 30 days
31 after receipt of such request by the institution. Fees may be
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1 charged for furnishing any copies of reports or records
2 requested under subparagraph 3., but such fees shall not
3 exceed the actual cost to the institution of producing such
4 copies.
5 (b) Right of waiver of access to confidential letters
6 or statements.--A parent or student shall have the right to
7 waive the right of access to letters or statements of
8 recommendation or evaluation, except that such waiver shall
9 apply to recommendations or evaluations only if:
10 1. The parent or student is, upon request, notified of
11 the names of all persons submitting confidential letters or
12 statements.
13 2. Such recommendations or evaluations are used solely
14 for the purpose for which they were specifically intended.
15
16 Such waivers may not be required as a condition for admission
17 to, receipt of financial aid from, or receipt of any other
18 services or benefits from, any public agency or public
19 educational institution in this state.
20 (c) Right to challenge and hearing.--A parent or
21 student shall have the right to challenge the content of any
22 record or report to which such person is granted access under
23 paragraph (a), in order to ensure that the record or report is
24 not inaccurate, misleading, or otherwise in violation of the
25 privacy or other rights of the student and to provide an
26 opportunity for the correction, deletion, or expunction of any
27 inaccurate, misleading, or otherwise inappropriate data or
28 material contained therein. Any challenge arising under the
29 provisions of this paragraph may be settled through informal
30 meetings or discussions between the parent or student and
31 appropriate officials of the educational institution. If the
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1 parties at such a meeting agree to make corrections, to make
2 deletions, to expunge material, or to add a statement of
3 explanation or rebuttal to the file, such agreement shall be
4 reduced to writing and signed by the parties; and the
5 appropriate school officials shall take the necessary actions
6 to implement the agreement. If the parties cannot reach an
7 agreement, upon the request of either party, a hearing shall
8 be held on such challenge under rules adopted by the State
9 Board of Education. Upon the request of the parent or student,
10 the hearing shall be exempt from the requirements of s.
11 286.011. Such rules shall include at least the following
12 provisions:
13 1. The hearing shall be conducted within a reasonable
14 period of time following the request for the hearing.
15 2. The hearing shall be conducted, and the decision
16 rendered, by an official of the educational institution or
17 other party who does not have a direct interest in the outcome
18 of the hearing.
19 3. The parent or student shall be afforded a full and
20 fair opportunity to present evidence relevant to the issues
21 raised under this paragraph.
22 4. The decision shall be rendered in writing within a
23 reasonable period of time after the conclusion of the hearing.
24 5. The appropriate school officials shall take the
25 necessary actions to implement the decision.
26 (d) Right of privacy.--Every student shall have a
27 right of privacy with respect to the educational records kept
28 on him or her. Personally identifiable records or reports of a
29 student, and any personal information contained therein, are
30 confidential and exempt from the provisions of s. 119.07(1).
31 No state or local educational agency, board, public school,
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1 technical center, or public postsecondary educational
2 institution shall permit the release of such records, reports,
3 or information without the written consent of the student's
4 parent, or of the student himself or herself if he or she is
5 qualified as provided in this subsection, to any individual,
6 agency, or organization. However, personally identifiable
7 records or reports of a student may be released to the
8 following persons or organizations without the consent of the
9 student or the student's parent:
10 1. Officials of schools, school systems, technical
11 centers, or public postsecondary educational institutions in
12 which the student seeks or intends to enroll; and a copy of
13 such records or reports shall be furnished to the parent or
14 student upon request.
15 2. Other school officials, including teachers within
16 the educational institution or agency, who have legitimate
17 educational interests in the information contained in the
18 records.
19 3. The United States Secretary of Education, the
20 Director of the National Institute of Education, the Assistant
21 Secretary for Education, the Comptroller General of the United
22 States, or state or local educational authorities who are
23 authorized to receive such information subject to the
24 conditions set forth in applicable federal statutes and
25 regulations of the United States Department of Education, or
26 in applicable state statutes and rules of the State Board of
27 Education.
28 4. Other school officials, in connection with a
29 student's application for or receipt of financial aid.
30 5. Individuals or organizations conducting studies for
31 or on behalf of an institution or a board of education for the
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1 purpose of developing, validating, or administering predictive
2 tests, administering student aid programs, or improving
3 instruction, if such studies are conducted in such a manner as
4 will not permit the personal identification of students and
5 their parents by persons other than representatives of such
6 organizations and if such information will be destroyed when
7 no longer needed for the purpose of conducting such studies.
8 6. Accrediting organizations, in order to carry out
9 their accrediting functions.
10 7. School readiness coalitions and the Florida
11 Partnership for School Readiness in order to carry out their
12 assigned duties.
13 8. For use as evidence in student expulsion hearings
14 conducted by a district school board pursuant to the
15 provisions of chapter 120.
16 9. Appropriate parties in connection with an
17 emergency, if knowledge of the information in the student's
18 educational records is necessary to protect the health or
19 safety of the student or other individuals.
20 10. The Auditor General and the Office of Program
21 Policy Analysis and Government Accountability in connection
22 with their official functions; however, except when the
23 collection of personally identifiable information is
24 specifically authorized by law, any data collected by the
25 Auditor General and the Office of Program Policy Analysis and
26 Government Accountability is confidential and exempt from the
27 provisions of s. 119.07(1) and shall be protected in such a
28 way as will not permit the personal identification of students
29 and their parents by other than the Auditor General, the
30 Office of Program Policy Analysis and Government
31 Accountability, and their staff, and such personally
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1 identifiable data shall be destroyed when no longer needed for
2 the Auditor General's and the Office of Program Policy
3 Analysis and Government Accountability's official use.
4 11.a. A court of competent jurisdiction in compliance
5 with an order of that court or the attorney of record pursuant
6 to a lawfully issued subpoena, upon the condition that the
7 student and the student's parent are notified of the order or
8 subpoena in advance of compliance therewith by the educational
9 institution or agency.
10 b. A person or entity pursuant to a court of competent
11 jurisdiction in compliance with an order of that court or the
12 attorney of record pursuant to a lawfully issued subpoena,
13 upon the condition that the student, or his or her parent if
14 the student is either a minor and not attending a
15 postsecondary educational institution or a dependent of such
16 parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
17 Revenue Code of 1954), is notified of the order or subpoena in
18 advance of compliance therewith by the educational institution
19 or agency.
20 12. Credit bureaus, in connection with an agreement
21 for financial aid that the student has executed, provided that
22 such information may be disclosed only to the extent necessary
23 to enforce the terms or conditions of the financial aid
24 agreement. Credit bureaus shall not release any information
25 obtained pursuant to this paragraph to any person.
26 13. Parties to an interagency agreement among the
27 Department of Juvenile Justice, school and law enforcement
28 authorities, and other signatory agencies for the purpose of
29 reducing juvenile crime and especially motor vehicle theft by
30 promoting cooperation and collaboration, and the sharing of
31 appropriate information in a joint effort to improve school
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1 safety, to reduce truancy and in-school and out-of-school
2 suspensions, and to support alternatives to in-school and
3 out-of-school suspensions and expulsions that provide
4 structured and well-supervised educational programs
5 supplemented by a coordinated overlay of other appropriate
6 services designed to correct behaviors that lead to truancy,
7 suspensions, and expulsions, and that support students in
8 successfully completing their education. Information provided
9 in furtherance of such interagency agreements is intended
10 solely for use in determining the appropriate programs and
11 services for each juvenile or the juvenile's family, or for
12 coordinating the delivery of such programs and services, and
13 as such is inadmissible in any court proceedings prior to a
14 dispositional hearing unless written consent is provided by a
15 parent or other responsible adult on behalf of the juvenile.
16
17 This paragraph does not prohibit any educational institution
18 from publishing and releasing to the general public directory
19 information relating to a student if the institution elects to
20 do so. However, no educational institution shall release, to
21 any individual, agency, or organization that is not listed in
22 subparagraphs 1.-13., directory information relating to the
23 student body in general or a portion thereof unless it is
24 normally published for the purpose of release to the public in
25 general. Any educational institution making directory
26 information public shall give public notice of the categories
27 of information that it has designated as directory information
28 with respect to all students attending the institution and
29 shall allow a reasonable period of time after such notice has
30 been given for a parent or student to inform the institution
31
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1 in writing that any or all of the information designated
2 should not be released.
3 (4) NOTIFICATION.--Every parent and student entitled
4 to rights relating to student records and reports under the
5 provisions of subsection (3) shall be notified annually, in
6 writing, of such rights and that the institution has a policy
7 of supporting the law; the types of information and data
8 generally entered in the student records as maintained by the
9 institution; and the procedures to be followed in order to
10 exercise such rights. The notification shall be general in
11 form and in a manner to be determined by the State Board of
12 Education and may be incorporated with other printed materials
13 distributed to students, such as being printed on the back of
14 school assignment forms or report cards for students attending
15 kindergarten or grades 1 through 12 in the public school
16 system and being printed in college catalogs or in other
17 program announcement bulletins for students attending
18 postsecondary educational institutions.
19 (5) PENALTY.--In the event that any public school
20 official or employee, district school board official or
21 employee, technical center official or employee, or public
22 postsecondary educational institution official or employee
23 refuses to comply with any of the provisions of this section,
24 the aggrieved parent or student shall have an immediate right
25 to bring an action in the circuit court to enforce the
26 violated right by injunction. Any aggrieved parent or student
27 who brings such an action and whose rights are vindicated may
28 be awarded attorney's fees and court costs.
29 (6) APPLICABILITY TO RECORDS OF DEFUNCT
30 INSTITUTIONS.--The provisions of this section also apply to
31 student records that any nonpublic educational institution
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1 that is no longer operating has deposited with the district
2 school superintendent in the county where the nonpublic
3 educational institution was located.
4 Section 94. Part III of chapter 1002, Florida
5 Statutes, shall be entitled "Educational Choice" and shall
6 consist of ss. 1002.31-1002.39.
7 Section 95. Section 1002.31, Florida Statutes, is
8 created to read:
9 1002.31 Public school parental choice.--
10 (1) As used in this section, "controlled open
11 enrollment" means a public education delivery system that
12 allows school districts to make student school assignments
13 using parents' indicated preferential school choice as a
14 significant factor.
15 (2) Each district school board may offer controlled
16 open enrollment within the public schools. The controlled open
17 enrollment program shall be offered in addition to the
18 existing choice programs such as magnet schools, alternative
19 schools, special programs, advanced placement, and dual
20 enrollment.
21 (3) Each district school board shall develop a
22 controlled open enrollment plan which describes the
23 implementation of subsection (2).
24 (4) School districts shall adhere to federal
25 desegregation requirements. No controlled open enrollment
26 plan that conflicts with federal desegregation orders shall be
27 implemented.
28 (5) Each school district shall develop a system of
29 priorities for its plan that includes consideration of the
30 following:
31
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1 (a) An application process required to participate in
2 the controlled open enrollment program.
3 (b) A process that allows parents to declare school
4 preferences.
5 (c) A process that encourages placement of siblings
6 within the same school.
7 (d) A lottery procedure used by the school district to
8 determine student assignment.
9 (e) An appeals process for hardship cases.
10 (f) The procedures to maintain socioeconomic,
11 demographic, and racial balance.
12 (g) The availability of transportation.
13 (h) A process that promotes strong parental
14 involvement, including the designation of a parent liaison.
15 (i) A strategy that establishes a clearinghouse of
16 information designed to assist parents in making informed
17 choices.
18 (6) Plans shall be submitted to the Commissioner of
19 Education. The Commissioner of Education shall develop an
20 annual report on the status of school choice and deliver the
21 report to the Governor, the President of the Senate, and the
22 Speaker of the House of Representatives at least 90 days prior
23 to the convening of the regular session of the Legislature.
24 (7) Notwithstanding any provision of this section, a
25 school district with schools operating on both multiple
26 session schedules and single session schedules shall afford
27 parents of students in multiple session schools preferred
28 access to the controlled open enrollment program of the school
29 district.
30 (8) Each district school board shall annually report
31 the number of students applying for and attending the various
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1 types of public schools of choice in the district, including
2 schools such as magnet schools and public charter schools,
3 according to rules adopted by the State Board of Education.
4 Section 96. Section 1002.32, Florida Statutes, is
5 created to read:
6 1002.32 Developmental research (laboratory) schools.--
7 (1) SHORT TITLE.--This section may be cited as the
8 "Sidney Martin Developmental Research School Act."
9 (2) ESTABLISHMENT.--There is established a category of
10 public schools to be known as developmental research
11 (laboratory) schools (lab schools). Each lab school shall
12 provide sequential instruction and shall be affiliated with
13 the college of education within the state university of
14 closest geographic proximity. A lab school to which a charter
15 has been issued under s. 1002.33(5)(b) must be affiliated with
16 the college of education within the state university that
17 issued the charter, but is not subject to the requirement that
18 the state university be of closest geographic proximity. For
19 the purpose of state funding, Florida Agricultural and
20 Mechanical University, Florida Atlantic University, Florida
21 State University, the University of Florida, and other
22 universities approved by the State Board of Education and the
23 Legislature are authorized to sponsor one or more lab schools.
24 (3) MISSION.--The mission of a lab school shall be the
25 provision of a vehicle for the conduct of research,
26 demonstration, and evaluation regarding management, teaching,
27 and learning. Programs to achieve the mission of a lab school
28 shall embody the goals and standards established pursuant to
29 ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate
30 education for its students.
31
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1 (a) Each lab school shall emphasize mathematics,
2 science, computer science, and foreign languages. The primary
3 goal of a lab school is to enhance instruction and research in
4 such specialized subjects by using the resources available on
5 a state university campus, while also providing an education
6 in nonspecialized subjects. Each lab school shall provide
7 sequential elementary and secondary instruction where
8 appropriate. A lab school may not provide instruction at grade
9 levels higher than grade 12 without authorization from the
10 State Board of Education. Each developmental research school
11 shall develop and implement a school improvement plan pursuant
12 to s. 1003.02(3).
13 (b) Research, demonstration, and evaluation conducted
14 at a lab school may be generated by the college of education
15 and other colleges within the university with which the school
16 is affiliated.
17 (c) Research, demonstration, and evaluation conducted
18 at a lab school may be generated by the State Board of
19 Education. Such research shall respond to the needs of the
20 education community at large, rather than the specific needs
21 of the affiliated college.
22 (d) Research, demonstration, and evaluation conducted
23 at a lab school may consist of pilot projects to be generated
24 by the affiliated college, the State Board of Education, or
25 the Legislature.
26 (e) The exceptional education programs offered at a
27 lab school shall be determined by the research and evaluation
28 goals and the availability of students for efficiently sized
29 programs. The fact that a lab school offers an exceptional
30 education program in no way lessens the general responsibility
31
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1 of the local school district to provide exceptional education
2 programs.
3 (4) STUDENT ADMISSIONS.--Each lab school may establish
4 a primary research objective related to fundamental issues and
5 problems that occur in the public elementary and secondary
6 schools of the state. A student population reflective of the
7 student population of the public school environment in which
8 the issues and problems are most prevalent shall be promoted
9 and encouraged through the establishment and implementation of
10 an admission process that is designed to result in a
11 representative sample of public school enrollment based on
12 gender, race, socioeconomic status, and academic ability,
13 notwithstanding the provisions of s. 1000.05.
14 (5) STUDENT FEES.--Each lab school may charge a
15 student activity and service fee. Any school that elects to
16 charge such a fee shall provide information regarding the use
17 of the fee as well as an annual report that documents the
18 manner in which the moneys provided by such fee were expended.
19 The annual report prescribed in this subsection shall be
20 distributed to the parents of each student. No additional fees
21 shall be charged.
22 (6) SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each lab
23 school may accrue supplemental revenue from
24 supplemental-support organizations, which include, but are not
25 limited to, alumni associations, foundations, parent-teacher
26 associations, and booster associations. The governing body of
27 each supplemental-support organization shall recommend the
28 expenditure of moneys collected by the organization for the
29 benefit of the school. Such expenditures shall be contingent
30 upon the recommendations of the school advisory council and
31 review of the director. The director may override any proposed
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1 expenditure of the organization that would violate Florida
2 Statutes or breach sound educational management.
3 (7) PERSONNEL.--
4 (a) Each lab school may employ either a director or a
5 principal, or both, at the discretion of the university. The
6 duties of such personnel shall be as follows:
7 1. Each director shall be the chief executive officer
8 and shall oversee the education, research, and evaluation
9 goals of the school. The director shall be responsible for
10 recommending policy to the advisory board. The director shall
11 be accountable for the financial resources of the school.
12 2. Each principal shall be the chief educational
13 officer and shall oversee the educational program of the
14 school. The principal shall be accountable for the daily
15 operation and administration of the school.
16 (b) Faculty may serve simultaneously as instructional
17 personnel for the lab school and the university with which the
18 school is affiliated. Nothing in this section is intended to
19 affect the collective bargaining rights of lab school
20 employees, except as specifically provided in this section.
21 (c) Lab school faculty members shall meet the
22 certification requirements of ss. 1012.32 and 1012.42.
23 (8) ADVISORY BOARDS.--Each public school in the state
24 shall establish a school advisory council that is reflective
25 of the population served by the school, pursuant to s.
26 1001.452, and is responsible for the development and
27 implementation of the school improvement plan pursuant to s.
28 1003.02(3). Lab schools shall comply with the provisions of s.
29 1001.452 in one of two ways:
30 (a) Each lab school may establish two advisory bodies
31 as follows:
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1 1. An advisory body pursuant to the provisions and
2 requirements of s. 1001.452 to be responsible for the
3 development and implementation of the school improvement plan,
4 pursuant to s. 1003.02(3).
5 2. An advisory board to provide general oversight and
6 guidance. The dean of the affiliated college of education
7 shall be a standing member of the board, and the president of
8 the university shall appoint four faculty members from the
9 related university, at least two of whom are from the college
10 of education, one layperson who resides in the county in which
11 the school is located, two parents of students who attend the
12 lab school, and one lab school student appointed by the
13 principal to serve on the advisory board. The term of each
14 member shall be for 2 years, and any vacancy shall be filled
15 with a person of the same classification as his or her
16 predecessor for the balance of the unexpired term. The
17 president shall stagger the terms of the initial appointees in
18 a manner that results in the expiration of terms of no more
19 than two members in any year. The president shall call the
20 organizational meeting of the board. The board shall annually
21 elect a chair and a vice chair. There shall be no limitation
22 on successive appointments to the board or successive terms
23 that may be served by a chair or vice chair. The board shall
24 adopt internal organizational procedures or bylaws necessary
25 for efficient operation as provided in chapter 120. Board
26 members shall not receive per diem or travel expenses for the
27 performance of their duties. The board shall:
28 a. Meet at least quarterly.
29 b. Monitor the operations of the school and the
30 distribution of moneys allocated for such operations.
31
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1 c. Establish necessary policy, program, and
2 administration modifications.
3 d. Evaluate biennially the performance of the director
4 and principal and recommend corresponding action to the dean
5 of the college of education.
6 e. Annually review evaluations of the school's
7 operation and research findings.
8 (b) Each lab school may establish one advisory body
9 responsible for the development and implementation of the
10 school improvement plan, pursuant to s. 1003.02(3), in
11 addition to general oversight and guidance responsibilities.
12 The advisory body shall reflect the membership composition
13 requirements established in s. 1001.452, but may also include
14 membership by the dean of the college of education and
15 additional members appointed by the president of the
16 university that represent faculty members from the college of
17 education, the university, or other bodies deemed appropriate
18 for the mission of the school.
19 (9) FUNDING.--Funding for a lab school, including a
20 charter lab school, shall be provided as follows:
21 (a) Each lab school shall be allocated its
22 proportional share of operating funds from the Florida
23 Education Finance Program as provided in s. 1011.62 and the
24 General Appropriations Act. The nonvoted ad valorem millage
25 that would otherwise be required for lab schools shall be
26 allocated from state funds. The required local effort funds
27 calculated pursuant to s. 1011.62 shall be allocated from
28 state funds to the schools as a part of the allocation of
29 operating funds pursuant to s. 1011.62. Each eligible lab
30 school shall also receive a proportional share of the sparsity
31 supplement as calculated pursuant to s. 1011.62. In addition,
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1 each lab school shall receive its proportional share of all
2 categorical funds, with the exception of s. 1011.68, and new
3 categorical funds enacted after July 1, 1994, for the purpose
4 of elementary or secondary academic program enhancement. The
5 sum of funds available as provided in this paragraph shall be
6 included annually in the Florida Education Finance Program and
7 appropriate categorical programs funded in the General
8 Appropriations Act.
9 (b) There is created a Lab School Educational Facility
10 Trust Fund to be administered by the Commissioner of
11 Education. Allocations from such fund shall be expended solely
12 for the purpose of facility construction, repair, renovation,
13 remodeling, site improvement, or maintenance. The commissioner
14 shall administer the fund in accordance with ss. 1013.60,
15 1013.64, 1013.65, and 1013.66.
16 (c) All operating funds provided under this section
17 shall be deposited in a Lab School Trust Fund and shall be
18 expended for the purposes of this section. The university
19 assigned a lab school shall be the fiscal agent for these
20 funds, and all rules of the university governing the budgeting
21 and expenditure of state funds shall apply to these funds
22 unless otherwise provided by law or rule of the State Board of
23 Education. The State Board of Education shall be the public
24 employer of lab school personnel for collective bargaining
25 purposes.
26 (d) Each lab school shall receive funds for operating
27 purposes in an amount determined as follows: multiply the
28 maximum allowable nonvoted discretionary millage for
29 operations pursuant to s. 1011.71(1) by the value of 95
30 percent of the current year's taxable value for school
31 purposes for the district in which each lab school is located;
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1 divide the result by the total full-time equivalent membership
2 of the district; and multiply the result by the full-time
3 equivalent membership of the lab school. The amount thus
4 obtained shall be discretionary operating funds and shall be
5 appropriated from state funds in the General Appropriations
6 Act to the Lab School Trust Fund.
7 (e) Each lab school shall receive funds for capital
8 improvement purposes in an amount determined as follows:
9 multiply the maximum allowable nonvoted discretionary millage
10 for capital improvements pursuant to s. 1011.71(2) by the
11 value of 95 percent of the current year's taxable value for
12 school purposes for the district in which each lab school is
13 located; divide the result by the total full-time equivalent
14 membership of the district; and multiply the result by the
15 full-time equivalent membership of the lab school. The amount
16 thus obtained shall be discretionary capital improvement funds
17 and shall be appropriated from state funds in the General
18 Appropriations Act to the Lab School Educational Facility
19 Trust Fund.
20 (f) In addition to the funds appropriated for capital
21 outlay budget needs, lab schools may receive specific funding
22 as specified in the General Appropriations Act for upgrading,
23 renovating, and remodeling science laboratories.
24 (g) Each lab school is designated a teacher education
25 center and may provide inservice training to school district
26 personnel. The Department of Education shall provide funds to
27 the Lab School Trust Fund for this purpose from appropriations
28 for inservice teacher education.
29 (h) A lab school to which a charter has been issued
30 under s. 1002.33(5)(b) is eligible to receive funding for
31 charter school capital outlay if it meets the eligibility
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1 requirements of s. 1013.62. If the lab school receives funds
2 from charter school capital outlay, the school shall receive
3 capital outlay funds otherwise provided in this subsection
4 only to the extent that funds allocated pursuant to s. 1013.62
5 are insufficient to provide capital outlay funds to the lab
6 school at one-fifteenth of the cost per student station.
7 (10) IMPLEMENTATION.--The State Board of Education
8 shall adopt rules necessary to facilitate the implementation
9 of this section.
10 (11) EXCEPTIONS TO LAW.--To encourage innovative
11 practices and facilitate the mission of the lab schools, in
12 addition to the exceptions to law specified in s. 1001.23(2),
13 the following exceptions shall be permitted for lab schools:
14 (a) The methods and requirements of the following
15 statutes shall be held in abeyance: ss. 1001.30; 1001.31;
16 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361;
17 1001.362; 1001.363; 1001.37; 1001.371; 1001.372; 1001.38;
18 1001.39; 1001.395; 1001.40; 1001.41; 1001.44; 1001.46;
19 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
20 1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4);
21 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
22 1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
23 1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
24 (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
25 1011.72; 1011.73; 1011.74; 1013.77; and 316.75.
26 (b) With the exception of s. 1001.42(16), s. 1001.42
27 shall be held in abeyance. Reference to district school boards
28 in s. 1001.42(16) shall mean the president of the university
29 or the president's designee.
30 Section 97. Section 1002.33, Florida Statutes, is
31 created to read:
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1 1002.33 Charter schools.--
2 (1) AUTHORIZATION.--Charter schools shall be part of
3 the state's program of public education. All charter schools
4 in Florida are public schools. A charter school may be formed
5 by creating a new school or converting an existing public
6 school to charter status. A public school may not use the term
7 charter in its name unless it has been approved under this
8 section.
9 (2) PURPOSE.--The purpose of charter schools shall be
10 to:
11 (a) Provide additional academic choices for parents
12 and students.
13 (b) Increase learning opportunity choices for
14 students.
15 (c) Increase learning opportunities for all students,
16 with special emphasis on expanded learning experiences for
17 students who are identified as academically low achieving.
18 (d) Encourage the use of different and innovative
19 learning methods.
20 (e) Improve student learning.
21 (f) Establish a new form of accountability for
22 schools.
23 (g) Require the measurement of learning outcomes and
24 create innovative measurement tools.
25 (h) Make the school the unit for improvement.
26 (i) Provide rigorous competition within the public
27 school district to stimulate continual improvement in all
28 public schools.
29 (j) Expand the capacity of the public school system.
30 (k) Create new professional opportunities for
31 teachers.
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1 (3) APPLICATION FOR CHARTER STATUS.--
2 (a) An application for a new charter school may be
3 made by an individual, teachers, parents, a group of
4 individuals, a municipality, or a legal entity organized under
5 the laws of this state.
6 (b) An application for a conversion charter school
7 shall be made by the district school board, the principal,
8 teachers, parents, and/or the school advisory council at an
9 existing public school that has been in operation for at least
10 2 years prior to the application to convert, including a
11 public school-within-a-school that is designated as a school
12 by the district school board. An application submitted
13 proposing to convert an existing public school to a charter
14 school shall demonstrate the support of at least 50 percent of
15 the teachers employed at the school and 50 percent of the
16 parents voting whose children are enrolled at the school,
17 provided that a majority of the parents eligible to vote
18 participate in the ballot process, according to rules adopted
19 by the State Board of Education. A district school board
20 denying an application for a conversion charter school shall
21 provide notice of denial to the applicants in writing within
22 30 days after the meeting at which the district school board
23 denied the application. The notice must specify the exact
24 reasons for denial and must provide documentation supporting
25 those reasons. A private school, parochial school, or home
26 education program shall not be eligible for charter school
27 status.
28 (4) UNLAWFUL REPRISAL.--
29 (a) No district school board, or district school board
30 employee who has control over personnel actions, shall take
31 unlawful reprisal against another district school board
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1 employee because that employee is either directly or
2 indirectly involved with an application to establish a charter
3 school. As used in this subsection, the term "unlawful
4 reprisal" means an action taken by a district school board or
5 a school system employee against an employee who is directly
6 or indirectly involved in a lawful application to establish a
7 charter school, which occurs as a direct result of that
8 involvement, and which results in one or more of the
9 following: disciplinary or corrective action; adverse transfer
10 or reassignment, whether temporary or permanent; suspension,
11 demotion, or dismissal; an unfavorable performance evaluation;
12 a reduction in pay, benefits, or rewards; elimination of the
13 employee's position absent of a reduction in workforce as a
14 result of lack of moneys or work; or other adverse significant
15 changes in duties or responsibilities that are inconsistent
16 with the employee's salary or employment classification. The
17 following procedures shall apply to an alleged unlawful
18 reprisal that occurs as a consequence of an employee's direct
19 or indirect involvement with an application to establish a
20 charter school:
21 1. Within 60 days after the date upon which a reprisal
22 prohibited by this subsection is alleged to have occurred, an
23 employee may file a complaint with the Department of
24 Education.
25 2. Within 3 working days after receiving a complaint
26 under this section, the Department of Education shall
27 acknowledge receipt of the complaint and provide copies of the
28 complaint and any other relevant preliminary information
29 available to each of the other parties named in the complaint,
30 which parties shall each acknowledge receipt of such copies to
31 the complainant.
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1 3. If the Department of Education determines that the
2 complaint demonstrates reasonable cause to suspect that an
3 unlawful reprisal has occurred, the Department of Education
4 shall conduct an investigation to produce a fact-finding
5 report.
6 4. Within 90 days after receiving the complaint, the
7 Department of Education shall provide the district school
8 superintendent of the complainant's district and the
9 complainant with a fact-finding report that may include
10 recommendations to the parties or a proposed resolution of the
11 complaint. The fact-finding report shall be presumed
12 admissible in any subsequent or related administrative or
13 judicial review.
14 5. If the Department of Education determines that
15 reasonable grounds exist to believe that an unlawful reprisal
16 has occurred, is occurring, or is to be taken, and is unable
17 to conciliate a complaint within 60 days after receipt of the
18 fact-finding report, the Department of Education shall
19 terminate the investigation. Upon termination of any
20 investigation, the Department of Education shall notify the
21 complainant and the district school superintendent of the
22 termination of the investigation, providing a summary of
23 relevant facts found during the investigation and the reasons
24 for terminating the investigation. A written statement under
25 this paragraph is presumed admissible as evidence in any
26 judicial or administrative proceeding.
27 6. The Department of Education shall either contract
28 with the Division of Administrative Hearings under s. 120.65,
29 or otherwise provide for a complaint for which the Department
30 of Education determines reasonable grounds exist to believe
31 that an unlawful reprisal has occurred, is occurring, or is to
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1 be taken, and is unable to conciliate, to be heard by a panel
2 of impartial persons. Upon hearing the complaint, the panel
3 shall make findings of fact and conclusions of law for a final
4 decision by the Department of Education.
5
6 It shall be an affirmative defense to any action brought
7 pursuant to this section that the adverse action was
8 predicated upon grounds other than, and would have been taken
9 absent, the employee's exercise of rights protected by this
10 section.
11 (b) In any action brought under this section for which
12 it is determined reasonable grounds exist to believe that an
13 unlawful reprisal has occurred, is occurring, or is to be
14 taken, the relief shall include the following:
15 1. Reinstatement of the employee to the same position
16 held before the unlawful reprisal was commenced, or to an
17 equivalent position, or payment of reasonable front pay as
18 alternative relief.
19 2. Reinstatement of the employee's full fringe
20 benefits and seniority rights, as appropriate.
21 3. Compensation, if appropriate, for lost wages,
22 benefits, or other lost remuneration caused by the unlawful
23 reprisal.
24 4. Payment of reasonable costs, including attorney's
25 fees, to a substantially prevailing employee, or to the
26 prevailing employer if the employee filed a frivolous action
27 in bad faith.
28 5. Issuance of an injunction, if appropriate, by a
29 court of competent jurisdiction.
30 6. Temporary reinstatement to the employee's former
31 position or to an equivalent position, pending the final
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1 outcome of the complaint, if it is determined that the action
2 was not made in bad faith or for a wrongful purpose, and did
3 not occur after a district school board's initiation of a
4 personnel action against the employee that includes
5 documentation of the employee's violation of a disciplinary
6 standard or performance deficiency.
7 (5) SPONSOR.--
8 (a) A district school board may sponsor a charter
9 school in the county over which the district school board has
10 jurisdiction.
11 (b) A state university may grant a charter to a lab
12 school created under s. 1002.32 and shall be considered to be
13 the school's sponsor. Such school shall be considered a
14 charter lab school.
15 (c) The sponsor shall monitor and review the charter
16 school in its progress towards the goals established in the
17 charter.
18 (d) The sponsor shall monitor the revenues and
19 expenditures of the charter school.
20 (e) The sponsor may approve a charter for a charter
21 school before the applicant has secured space, equipment, or
22 personnel, if the applicant indicates approval is necessary
23 for it to raise working capital.
24 (f) The sponsor's policies shall not apply to a
25 charter school.
26 (g) A sponsor shall ensure that the charter is
27 innovative and consistent with the state education goals
28 established by s. 1000.03(5).
29 (6) APPLICATION PROCESS AND REVIEW.--
30 (a) A district school board shall receive and review
31 all applications for a charter school. A district school board
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1 shall receive and consider charter school applications
2 received on or before October 1 of each calendar year for
3 charter schools to be opened at the beginning of the school
4 district's next school year, or to be opened at a time agreed
5 to by the applicant and the district school board. A district
6 school board may receive applications later than this date if
7 it chooses. A sponsor may not charge an applicant for a
8 charter any fee for the processing or consideration of an
9 application, and a sponsor may not base its consideration or
10 approval of an application upon the promise of future payment
11 of any kind.
12 1. In order to facilitate an accurate budget
13 projection process, a district school board shall be held
14 harmless for FTE students who are not included in the FTE
15 projection due to approval of charter school applications
16 after the FTE projection deadline. In a further effort to
17 facilitate an accurate budget projection, within 15 calendar
18 days after receipt of a charter school application, a district
19 school board or other sponsor shall report to the Department
20 of Education the name of the applicant entity, the proposed
21 charter school location, and its projected FTE.
22 2. A district school board shall by a majority vote
23 approve or deny an application no later than 60 calendar days
24 after the application is received, unless the district school
25 board and the applicant mutually agree to temporarily postpone
26 the vote to a specific date, at which time the district school
27 board shall by a majority vote approve or deny the
28 application. If the district school board fails to act on the
29 application, an applicant may appeal to the State Board of
30 Education as provided in paragraph (b). If an application is
31 denied, the district school board shall, within 10 calendar
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1 days, articulate in writing the specific reasons based upon
2 good cause supporting its denial of the charter application.
3 3. For budget projection purposes, the district school
4 board or other sponsor shall report to the Department of
5 Education the approval or denial of a charter application
6 within 10 calendar days after such approval or denial. In the
7 event of approval, the report to the Department of Education
8 shall include the final projected FTE for the approved charter
9 school.
10 4. Upon approval of a charter application, the initial
11 startup shall commence with the beginning of the public school
12 calendar for the district in which the charter is granted
13 unless the district school board allows a waiver of this
14 provision for good cause.
15 (b) An applicant may appeal any denial of that
16 applicant's application or failure to act on an application to
17 the State Board of Education no later than 30 calendar days
18 after receipt of the district school board's decision or
19 failure to act and shall notify the district school board of
20 its appeal. Any response of the district school board shall
21 be submitted to the State Board of Education within 30
22 calendar days after notification of the appeal. Upon receipt
23 of notification from the State Board of Education that a
24 charter school applicant is filing an appeal, the Commissioner
25 of Education shall convene a meeting of the Charter School
26 Appeal Commission to study and make recommendations to the
27 State Board of Education regarding its pending decision about
28 the appeal. The commission shall forward its recommendation
29 to the state board no later than 7 calendar days prior to the
30 date on which the appeal is to be heard. The State Board of
31 Education shall by majority vote accept or reject the decision
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1 of the district school board no later than 60 calendar days
2 after an appeal is filed in accordance with State Board of
3 Education rule. The Charter School Appeal Commission may
4 reject an appeal submission for failure to comply with
5 procedural rules governing the appeals process. The rejection
6 shall describe the submission errors. The appellant may have
7 up to 15 calendar days from notice of rejection to resubmit an
8 appeal that meets requirements of State Board of Education
9 rule. An application for appeal submitted subsequent to such
10 rejection shall be considered timely if the original appeal
11 was filed within 30 calendar days after receipt of notice of
12 the specific reasons for the district school board's denial of
13 the charter application. The State Board of Education shall
14 remand the application to the district school board with its
15 written decision that the district school board approve or
16 deny the application. The district school board shall
17 implement the decision of the State Board of Education. The
18 decision of the State Board of Education is not subject to the
19 provisions of the Administrative Procedures Act, chapter 120.
20 (c) The district school board shall act upon the
21 decision of the State Board of Education within 30 calendar
22 days after it is received. The State Board of Education's
23 decision is a final action subject to judicial review.
24 (d)1. A Charter School Appeal Commission is
25 established to assist the commissioner and the State Board of
26 Education with a fair and impartial review of appeals by
27 applicants whose charters have been denied or whose charter
28 contracts have not been renewed by their sponsors.
29 2. The Charter School Appeal Commission may receive
30 copies of the appeal documents forwarded to the State Board of
31 Education, review the documents, gather other applicable
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1 information regarding the appeal, and make a written
2 recommendation to the commissioner. The recommendation must
3 state whether the appeal should be upheld or denied and
4 include the reasons for the recommendation being offered. The
5 commissioner shall forward the recommendation to the State
6 Board of Education no later than 7 calendar days prior to the
7 date on which the appeal is to be heard. The state board must
8 consider the commission's recommendation in making its
9 decision, but is not bound by the recommendation. The
10 decision of the Charter School Appeal Commission is not
11 subject to the provisions of the Administrative Procedure Act,
12 chapter 120.
13 3. The commissioner shall appoint the members of the
14 Charter School Appeal Commission. Members shall serve without
15 compensation but may be reimbursed for travel and per diem
16 expenses in conjunction with their service. One-half of the
17 members must represent currently operating charter schools and
18 one-half of the members must represent school districts. The
19 commissioner or a named designee shall chair the Charter
20 School Appeal Commission.
21 4. The chair shall convene meetings of the commission
22 and shall ensure that the written recommendations are
23 completed and forwarded in a timely manner. In cases where
24 the commission cannot reach a decision, the chair shall make
25 the written recommendation with justification, noting that the
26 decision was rendered by the chair.
27 5. Commission members shall throughly review the
28 materials presented to them from the appellant and the
29 sponsor. The commission may request information to clarify
30 the documentation presented to it. In the course of its
31 review, the commission may facilitate the postponement of an
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1 appeal in those cases where additional time and communication
2 may negate the need for a formal appeal and both parties
3 agree, in writing, to postpone the appeal to the State Board
4 of Education. A new date certain for the appeal shall then be
5 set based upon the rules and procedures of the State Board of
6 Education. Commission members shall provide a written
7 recommendation to the state board as to whether the appeal
8 should be upheld or denied. A fact-based justification for
9 the recommendation must be included. The chair must ensure
10 that the written recommendation is submitted to the State
11 Board of Education members no later than 7 calendar days prior
12 to the date on which the appeal is to be heard. Both parties
13 in the case shall also be provided a copy of the
14 recommendation.
15 (e) The Department of Education may provide technical
16 assistance to an applicant upon written request.
17 (f) In considering charter applications for a lab
18 school, a state university shall consult with the district
19 school board of the county in which the lab school is located.
20 The decision of a state university may be appealed pursuant to
21 the procedure established in this subsection.
22 (g) The terms and conditions for the operation of a
23 charter school shall be set forth by the sponsor and the
24 applicant in a written contractual agreement, called a
25 charter. The sponsor shall not impose unreasonable rules or
26 regulations that violate the intent of giving charter schools
27 greater flexibility to meet educational goals. The applicant
28 and sponsor shall have 6 months in which to mutually agree to
29 the provisions of the charter. The Department of Education
30 shall provide mediation services for any dispute regarding
31 this section subsequent to the approval of a charter
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1 application and for any dispute relating to the approved
2 charter, except disputes regarding charter school application
3 denials. If the Commissioner of Education determines that the
4 dispute cannot be settled through mediation, the dispute may
5 be appealed to an administrative law judge appointed by the
6 Division of Administrative Hearings. The administrative law
7 judge may rule on issues of equitable treatment of the charter
8 school as a public school, whether proposed provisions of the
9 charter violate the intended flexibility granted charter
10 schools by statute, or on any other matter regarding this
11 section except a charter school application denial, and shall
12 award the prevailing party reasonable attorney's fees and
13 costs incurred to be paid by the losing party. The costs of
14 the administrative hearing shall be paid by the party whom the
15 administrative law judge rules against.
16 (7) CHARTER.--The major issues involving the operation
17 of a charter school shall be considered in advance and written
18 into the charter. The charter shall be signed by the governing
19 body of the charter school and the sponsor, following a public
20 hearing to ensure community input.
21 (a) The charter shall address, and criteria for
22 approval of the charter shall be based on:
23 1. The school's mission, the students to be served,
24 and the ages and grades to be included.
25 2. The focus of the curriculum, the instructional
26 methods to be used, any distinctive instructional techniques
27 to be employed, and identification and acquisition of
28 appropriate technologies needed to improve educational and
29 administrative performance which include a means for promoting
30 safe, ethical, and appropriate uses of technology which comply
31 with legal and professional standards.
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1 3. The current incoming baseline standard of student
2 academic achievement, the outcomes to be achieved, and the
3 method of measurement that will be used. The criteria listed
4 in this subparagraph shall include a detailed description for
5 each of the following:
6 a. How the baseline student academic achievement
7 levels and prior rates of academic progress will be
8 established.
9 b. How these baseline rates will be compared to rates
10 of academic progress achieved by these same students while
11 attending the charter school.
12 c. To the extent possible, how these rates of progress
13 will be evaluated and compared with rates of progress of other
14 closely comparable student populations.
15
16 The district school board is required to provide academic
17 student performance data to charter schools for each of their
18 students coming from the district school system, as well as
19 rates of academic progress of comparable student populations
20 in the district school system.
21 4. The methods used to identify the educational
22 strengths and needs of students and how well educational goals
23 and performance standards are met by students attending the
24 charter school. Included in the methods is a means for the
25 charter school to ensure accountability to its constituents by
26 analyzing student performance data and by evaluating the
27 effectiveness and efficiency of its major educational
28 programs. Students in charter schools shall, at a minimum,
29 participate in the statewide assessment program created under
30 s. 1008.22.
31
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1 5. In secondary charter schools, a method for
2 determining that a student has satisfied the requirements for
3 graduation in s. 1003.43.
4 6. A method for resolving conflicts between the
5 governing body of the charter school and the sponsor.
6 7. The admissions procedures and dismissal procedures,
7 including the school's code of student conduct.
8 8. The ways by which the school will achieve a
9 racial/ethnic balance reflective of the community it serves or
10 within the racial/ethnic range of other public schools in the
11 same school district.
12 9. The financial and administrative management of the
13 school, including a reasonable demonstration of the
14 professional experience or competence of those individuals or
15 organizations applying to operate the charter school or those
16 hired or retained to perform such professional services and
17 the description of clearly delineated responsibilities and the
18 policies and practices needed to effectively manage the
19 charter school. A description of internal audit procedures and
20 establishment of controls to ensure that financial resources
21 are properly managed must be included. Both public sector and
22 private sector professional experience shall be equally valid
23 in such a consideration.
24 10. A description of procedures that identify various
25 risks and provide for a comprehensive approach to reduce the
26 impact of losses; plans to ensure the safety and security of
27 students and staff; plans to identify, minimize, and protect
28 others from violent or disruptive student behavior; and the
29 manner in which the school will be insured, including whether
30 or not the school will be required to have liability
31
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1 insurance, and, if so, the terms and conditions thereof and
2 the amounts of coverage.
3 11. The term of the charter which shall provide for
4 cancellation of the charter if insufficient progress has been
5 made in attaining the student achievement objectives of the
6 charter and if it is not likely that such objectives can be
7 achieved before expiration of the charter. The initial term of
8 a charter shall be for 3, 4, or 5 years. In order to
9 facilitate access to long-term financial resources for charter
10 school construction, charter schools that are operated by a
11 municipality or other public entity as provided by law are
12 eligible for up to a 15-year charter, subject to approval by
13 the district school board. A charter lab school is eligible
14 for a charter for a term of up to 15 years. In addition, to
15 facilitate access to long-term financial resources for charter
16 school construction, charter schools that are operated by a
17 private, not-for-profit, s. 501(c)(3) status corporation are
18 eligible for up to a 10-year charter, subject to approval by
19 the district school board. Such long-term charters remain
20 subject to annual review and may be terminated during the term
21 of the charter, but only for specific good cause according to
22 the provisions set forth in subsection (8).
23 12. The facilities to be used and their location.
24 13. The qualifications to be required of the teachers
25 and the potential strategies used to recruit, hire, train, and
26 retain qualified staff to achieve best value.
27 14. The governance structure of the school, including
28 the status of the charter school as a public or private
29 employer as required in paragraph (12)(i).
30 15. A timetable for implementing the charter which
31 addresses the implementation of each element thereof and the
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1 date by which the charter shall be awarded in order to meet
2 this timetable.
3 16. In the case of an existing public school being
4 converted to charter status, alternative arrangements for
5 current students who choose not to attend the charter school
6 and for current teachers who choose not to teach in the
7 charter school after conversion in accordance with the
8 existing collective bargaining agreement or district school
9 board rule in the absence of a collective bargaining
10 agreement. However, alternative arrangements shall not be
11 required for current teachers who choose not to teach in a
12 charter lab school, except as authorized by the employment
13 policies of the state university which grants the charter to
14 the lab school.
15 (b) A charter may be renewed every 5 school years,
16 provided that a program review demonstrates that the criteria
17 in paragraph (a) have been successfully accomplished and that
18 none of the grounds for nonrenewal established by paragraph
19 (8)(a) have been documented. In order to facilitate long-term
20 financing for charter school construction, charter schools
21 operating for a minimum of 2 years and demonstrating exemplary
22 academic programming and fiscal management are eligible for a
23 15-year charter renewal. Such long-term charter is subject to
24 annual review and may be terminated during the term of the
25 charter.
26 (c) A charter may be modified during its initial term
27 or any renewal term upon the recommendation of the sponsor or
28 the charter school governing board and the approval of both
29 parties to the agreement.
30 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
31
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1 (a) At the end of the term of a charter, the sponsor
2 may choose not to renew the charter for any of the following
3 grounds:
4 1. Failure to meet the requirements for student
5 performance stated in the charter.
6 2. Failure to meet generally accepted standards of
7 fiscal management.
8 3. Violation of law.
9 4. Other good cause shown.
10 (b) During the term of a charter, the sponsor may
11 terminate the charter for any of the grounds listed in
12 paragraph (a).
13 (c) At least 90 days prior to renewing or terminating
14 a charter, the sponsor shall notify the governing body of the
15 school of the proposed action in writing. The notice shall
16 state in reasonable detail the grounds for the proposed action
17 and stipulate that the school's governing body may, within 14
18 calendar days after receiving the notice, request an informal
19 hearing before the sponsor. The sponsor shall conduct the
20 informal hearing within 30 calendar days after receiving a
21 written request. The charter school's governing body may,
22 within 14 calendar days after receiving the sponsor's decision
23 to terminate or refuse to renew the charter, appeal the
24 decision pursuant to the procedure established in subsection
25 (6).
26 (d) A charter may be terminated immediately if the
27 sponsor determines that good cause has been shown or if the
28 health, safety, or welfare of the students is threatened. The
29 school district in which the charter school is located shall
30 assume operation of the school under these circumstances. The
31 charter school's governing board may, within 14 days after
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1 receiving the sponsor's decision to terminate the charter,
2 appeal the decision pursuant to the procedure established in
3 subsection (6).
4 (e) When a charter is not renewed or is terminated,
5 the school shall be dissolved under the provisions of law
6 under which the school was organized, and any unencumbered
7 public funds from the charter school shall revert to the
8 district school board. In the event a charter school is
9 dissolved or is otherwise terminated, all district school
10 board property and improvements, furnishings, and equipment
11 purchased with public funds shall automatically revert to full
12 ownership by the district school board, subject to complete
13 satisfaction of any lawful liens or encumbrances. Any
14 unencumbered public funds from the charter school, district
15 school board property and improvements, furnishings, and
16 equipment purchased with public funds, or financial or other
17 records pertaining to the charter school, in the possession of
18 any person, entity, or holding company, other than the charter
19 school, shall be held in trust upon the district school
20 board's request, until any appeal status is resolved.
21 (f) If a charter is not renewed or is terminated, the
22 charter school is responsible for all debts of the charter
23 school. The district may not assume the debt from any contract
24 for services made between the governing body of the school and
25 a third party, except for a debt that is previously detailed
26 and agreed upon in writing by both the district and the
27 governing body of the school and that may not reasonably be
28 assumed to have been satisfied by the district.
29 (g) If a charter is not renewed or is terminated, a
30 student who attended the school may apply to, and shall be
31
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1 enrolled in, another public school. Normal application
2 deadlines shall be disregarded under such circumstances.
3 (9) CHARTER SCHOOL REQUIREMENTS.--
4 (a) A charter school shall be nonsectarian in its
5 programs, admission policies, employment practices, and
6 operations.
7 (b) A charter school shall admit students as provided
8 in subsection (10).
9 (c) A charter school shall be accountable to its
10 sponsor for performance as provided in subsection (7).
11 (d) A charter school shall not charge tuition or
12 registration fees, except those fees normally charged by other
13 public schools. However, a charter lab school may charge a
14 student activity and service fee as authorized by s.
15 1002.32(5).
16 (e) A charter school shall meet all applicable state
17 and local health, safety, and civil rights requirements.
18 (f) A charter school shall not violate the
19 antidiscrimination provisions of s. 1000.05.
20 (g) A charter school shall provide for an annual
21 financial audit in accordance with s. 218.39.
22 (h) No organization shall hold more than 15 charters
23 statewide.
24 (i) In order to provide financial information that is
25 comparable to that reported for other public schools, charter
26 schools are to maintain all financial records which constitute
27 their accounting system:
28 1. In accordance with the accounts and codes
29 prescribed in the most recent issuance of the publication
30 titled "Financial and Program Cost Accounting and Reporting
31 for Florida Schools"; or
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1 2. At the discretion of the charter school governing
2 board, a charter school may elect to follow generally accepted
3 accounting standards for not-for-profit organizations, but
4 must reformat this information for reporting according to this
5 paragraph.
6
7 Charter schools are to provide annual financial report and
8 program cost report information in the state-required formats
9 for inclusion in district reporting in compliance with s.
10 1011.60(1). Charter schools that are operated by a
11 municipality or are a component unit of a parent nonprofit
12 organization may use the accounting system of the municipality
13 or the parent, but must reformat this information for
14 reporting according to this paragraph.
15 (j) The governing board of the charter school shall
16 annually adopt and maintain an operating budget.
17 (k) The governing body of the charter school shall
18 exercise continuing oversight over charter school operations
19 and make annual progress reports to its sponsor, which upon
20 verification shall be forwarded to the Commissioner of
21 Education at the same time as other annual school
22 accountability reports. The report shall contain at least the
23 following information:
24 1. The charter school's progress towards achieving the
25 goals outlined in its charter.
26 2. The information required in the annual school
27 report pursuant to s. 1008.345.
28 3. Financial records of the charter school, including
29 revenues and expenditures.
30 4. Salary and benefit levels of charter school
31 employees.
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1 (l) A charter school shall not levy taxes or issue
2 bonds secured by tax revenues.
3 (m) A charter school shall provide instruction for at
4 least the number of days required by law for other public
5 schools, and may provide instruction for additional days.
6 (10) ELIGIBLE STUDENTS.--
7 (a) A charter school shall be open to any student
8 covered in an interdistrict agreement or residing in the
9 school district in which the charter school is located;
10 however, in the case of a charter lab school, the charter lab
11 school shall be open to any student eligible to attend the lab
12 school as provided in s. 1002.32 or who resides in the school
13 district in which the charter lab school is located. Any
14 eligible student shall be allowed interdistrict transfer to
15 attend a charter school when based on good cause.
16 (b) The charter school shall enroll an eligible
17 student who submits a timely application, unless the number of
18 applications exceeds the capacity of a program, class, grade
19 level, or building. In such case, all applicants shall have an
20 equal chance of being admitted through a random selection
21 process.
22 (c) When a public school converts to charter status,
23 enrollment preference shall be given to students who would
24 have otherwise attended that public school.
25 (d) A charter school may give enrollment preference to
26 the following student populations:
27 1. Students who are siblings of a student enrolled in
28 the charter school.
29 2. Students who are the children of a member of the
30 governing board of the charter school.
31
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1 3. Students who are the children of an employee of the
2 charter school.
3 (e) A charter school may limit the enrollment process
4 only to target the following student populations:
5 1. Students within specific age groups or grade
6 levels.
7 2. Students considered at risk of dropping out of
8 school or academic failure. Such students shall include
9 exceptional education students.
10 3. Students enrolling in a charter
11 school-in-the-workplace or charter school-in-a-municipality
12 established pursuant to subsection (16).
13 4. Students residing within a reasonable distance of
14 the charter school, as described in paragraph (21)(c). Such
15 students shall be subject to a random lottery and to the
16 racial/ethnic balance provisions described in subparagraph
17 (7)(a)8. or any federal provisions that require a school to
18 achieve a racial/ethnic balance reflective of the community it
19 serves or within the racial/ethnic range of other public
20 schools in the same school district.
21 5. Students who meet reasonable academic, artistic, or
22 other eligibility standards established by the charter school
23 and included in the charter school application and charter or,
24 in the case of existing charter schools, standards that are
25 consistent with the school's mission and purpose. Such
26 standards shall be in accordance with current state law and
27 practice in public schools and may not discriminate against
28 otherwise qualified individuals.
29 6. Students articulating from one charter school to
30 another pursuant to an articulation agreement between the
31 charter schools that has been approved by the sponsor.
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1 (f) Students with handicapping conditions and students
2 served in English for Speakers of Other Languages programs
3 shall have an equal opportunity of being selected for
4 enrollment in a charter school.
5 (g) A student may withdraw from a charter school at
6 any time and enroll in another public school as determined by
7 district school board rule.
8 (h) The capacity of the charter school shall be
9 determined annually by the governing board, in conjunction
10 with the sponsor, of the charter school in consideration of
11 the factors identified in this subsection.
12 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
13 ACTIVITIES.--A charter school student is eligible to
14 participate in an interscholastic extracurricular activity at
15 the public school to which the student would be otherwise
16 assigned to attend pursuant to s. 1006.15(3)(d).
17 (12) EMPLOYEES OF CHARTER SCHOOLS.--
18 (a) A charter school shall select its own employees. A
19 charter school may contract with its sponsor for the services
20 of personnel employed by the sponsor.
21 (b) Charter school employees shall have the option to
22 bargain collectively. Employees may collectively bargain as a
23 separate unit or as part of the existing district collective
24 bargaining unit as determined by the structure of the charter
25 school.
26 (c) The employees of a conversion charter school shall
27 remain public employees for all purposes, unless such
28 employees choose not to do so.
29 (d) The teachers at a charter school may choose to be
30 part of a professional group that subcontracts with the
31 charter school to operate the instructional program under the
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1 auspices of a partnership or cooperative that they
2 collectively own. Under this arrangement, the teachers would
3 not be public employees.
4 (e) Employees of a school district may take leave to
5 accept employment in a charter school upon the approval of the
6 district school board. While employed by the charter school
7 and on leave that is approved by the district school board,
8 the employee may retain seniority accrued in that school
9 district and may continue to be covered by the benefit
10 programs of that school district, if the charter school and
11 the district school board agree to this arrangement and its
12 financing. School districts shall not require resignations of
13 teachers desiring to teach in a charter school. This paragraph
14 shall not prohibit a district school board from approving
15 alternative leave arrangements consistent with chapter 1012.
16 (f) Teachers employed by or under contract to a
17 charter school shall be certified as required by chapter 1012.
18 A charter school governing board may employ or contract with
19 skilled selected noncertified personnel to provide
20 instructional services or to assist instructional staff
21 members as education paraprofessionals in the same manner as
22 defined in chapter 1012, and as provided by State Board of
23 Education rule for charter school governing boards. A charter
24 school may not knowingly employ an individual to provide
25 instructional services or to serve as an education
26 paraprofessional if the individual's certification or
27 licensure as an educator is suspended or revoked by this or
28 any other state. A charter school may not knowingly employ an
29 individual who has resigned from a school district in lieu of
30 disciplinary action with respect to child welfare or safety,
31 or who has been dismissed for just cause by any school
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1 district with respect to child welfare or safety. The
2 qualifications of teachers shall be disclosed to parents.
3 (g) A charter school shall employ or contract with
4 employees who have been fingerprinted as provided in s.
5 1012.32. Members of the governing board of the charter school
6 shall also be fingerprinted in a manner similar to that
7 provided in s. 1012.32.
8 (h) For the purposes of tort liability, the governing
9 body and employees of a charter school shall be governed by s.
10 768.28.
11 (i) A charter school shall organize as, or be operated
12 by, a nonprofit organization. A charter school may be operated
13 by a municipality or other public entity as provided for by
14 law. As such, the charter school may be either a private or a
15 public employer. As a public employer, a charter school may
16 participate in the Florida Retirement System upon application
17 and approval as a "covered group" under s. 121.021(34). If a
18 charter school participates in the Florida Retirement System,
19 the charter school employees shall be compulsory members of
20 the Florida Retirement System. As either a private or a public
21 employer, a charter school may contract for services with an
22 individual or group of individuals who are organized as a
23 partnership or a cooperative. Individuals or groups of
24 individuals who contract their services to the charter school
25 are not public employees.
26 (13) NUMBER OF SCHOOLS.--
27 (a) The number of newly created charter schools is
28 limited to no more than 28 in each school district that has
29 100,000 or more students, no more than 20 in each school
30 district that has 50,000 to 99,999 students, and no more than
31 12 in each school district with fewer than 50,000 students.
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1 (b) An existing public school which converts to a
2 charter school shall not be counted towards the limit
3 established by paragraph (a).
4 (c) Notwithstanding any limit established by this
5 subsection, a district school board or a charter school
6 applicant shall have the right to request an increase of the
7 limit on the number of charter schools authorized to be
8 established within the district from the State Board of
9 Education.
10 (d) Whenever a municipality has submitted charter
11 applications for the establishment of a charter school feeder
12 pattern (elementary, middle, and senior high schools), and
13 upon approval of each individual charter application by the
14 district school board, such applications shall then be
15 designated as one charter school for all purposes listed
16 pursuant to this section.
17 (14) CHARTER SCHOOL COOPERATIVES.--Charter schools may
18 enter into cooperative agreements to form charter school
19 cooperative organizations that may provide the following
20 services: charter school planning and development, direct
21 instructional services, and contracts with charter school
22 governing boards to provide personnel administrative services,
23 payroll services, human resource management, evaluation and
24 assessment services, teacher preparation, and professional
25 development.
26 (15) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
27 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
28 TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into
29 to borrow or otherwise secure funds for a charter school
30 authorized in this section from a source other than the state
31 or a school district shall indemnify the state and the school
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1 district from any and all liability, including, but not
2 limited to, financial responsibility for the payment of the
3 principal or interest. Any loans, bonds, or other financial
4 agreements are not obligations of the state or the school
5 district but are obligations of the charter school authority
6 and are payable solely from the sources of funds pledged by
7 such agreement. The credit or taxing power of the state or the
8 school district shall not be pledged and no debts shall be
9 payable out of any moneys except those of the legal entity in
10 possession of a valid charter approved by a district school
11 board pursuant to this section.
12 (16) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
13 SCHOOLS-IN-A-MUNICIPALITY.--
14 (a) In order to increase business partnerships in
15 education, to reduce school and classroom overcrowding
16 throughout the state, and to offset the high costs for
17 educational facilities construction, the Legislature intends
18 to encourage the formation of business partnership schools or
19 satellite learning centers and municipal-operated schools
20 through charter school status.
21 (b) A charter school-in-the-workplace may be
22 established when a business partner provides the school
23 facility to be used; enrolls students based upon a random
24 lottery that involves all of the children of employees of that
25 business or corporation who are seeking enrollment, as
26 provided for in subsection (10); and enrolls students
27 according to the racial/ethnic balance provisions described in
28 subparagraph (7)(a)8. Any portion of a facility used for a
29 public charter school shall be exempt from ad valorem taxes,
30 as provided for in s. 1013.54, for the duration of its use as
31 a public school.
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1 (c) A charter school-in-a-municipality designation may
2 be granted to a municipality that possesses a charter; enrolls
3 students based upon a random lottery that involves all of the
4 children of the residents of that municipality who are seeking
5 enrollment, as provided for in subsection (10); and enrolls
6 students according to the racial/ethnic balance provisions
7 described in subparagraph (7)(a)8. Any portion of the land and
8 facility used for a public charter school shall be exempt from
9 ad valorem taxes, as provided for in s. 1013.54, for the
10 duration of its use as a public school.
11 (d) As used in this subsection, the terms "business
12 partner" or "municipality" may include more than one business
13 or municipality to form a charter school-in-the-workplace or
14 charter school-in-a-municipality.
15 (17) EXEMPTION FROM STATUTES.--
16 (a) A charter school shall operate in accordance with
17 its charter and shall be exempt from all statutes in chapters
18 1000-1013. However, a charter school shall be in compliance
19 with the following statutes in chapters 1000-1013:
20 1. Those statutes specifically applying to charter
21 schools, including this section.
22 2. Those statutes pertaining to the student assessment
23 program and school grading system.
24 3. Those statutes pertaining to the provision of
25 services to students with disabilities.
26 4. Those statutes pertaining to civil rights,
27 including s. 1000.05, relating to discrimination.
28 5. Those statutes pertaining to student health,
29 safety, and welfare.
30 (b) Additionally, a charter school shall be in
31 compliance with the following statutes:
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1 1. Section 286.011, relating to public meetings and
2 records, public inspection, and criminal and civil penalties.
3 2. Chapter 119, relating to public records.
4 (18) FUNDING.--Students enrolled in a charter school,
5 regardless of the sponsorship, shall be funded as if they are
6 in a basic program or a special program, the same as students
7 enrolled in other public schools in the school district.
8 Funding for a charter lab school shall be as provided in s.
9 1002.32.
10 (a) Each charter school shall report its student
11 enrollment to the district school board as required in s.
12 1011.62, and in accordance with the definitions in s. 1011.61.
13 The district school board shall include each charter school's
14 enrollment in the district's report of student enrollment. All
15 charter schools submitting student record information required
16 by the Department of Education shall comply with the
17 Department of Education's guidelines for electronic data
18 formats for such data, and all districts shall accept
19 electronic data that complies with the Department of
20 Education's electronic format.
21 (b) The basis for the agreement for funding students
22 enrolled in a charter school shall be the sum of the school
23 district's operating funds from the Florida Education Finance
24 Program as provided in s. 1011.62 and the General
25 Appropriations Act, including gross state and local funds,
26 discretionary lottery funds, and funds from the school
27 district's current operating discretionary millage levy;
28 divided by total funded weighted full-time equivalent students
29 in the school district; multiplied by the weighted full-time
30 equivalent students for the charter school. Charter schools
31 whose students or programs meet the eligibility criteria in
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1 law shall be entitled to their proportionate share of
2 categorical program funds included in the total funds
3 available in the Florida Education Finance Program by the
4 Legislature, including transportation. Total funding for each
5 charter school shall be recalculated during the year to
6 reflect the revised calculations under the Florida Education
7 Finance Program by the state and the actual weighted full-time
8 equivalent students reported by the charter school during the
9 full-time equivalent student survey periods designated by the
10 Commissioner of Education.
11 (c) If the district school board is providing programs
12 or services to students funded by federal funds, any eligible
13 students enrolled in charter schools in the school district
14 shall be provided federal funds for the same level of service
15 provided students in the schools operated by the district
16 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
17 10306, all charter schools shall receive all federal funding
18 for which the school is otherwise eligible, including Title I
19 funding, not later than 5 months after the charter school
20 first opens and within 5 months after any subsequent expansion
21 of enrollment.
22 (d) District school boards shall make every effort to
23 ensure that charter schools receive timely and efficient
24 reimbursement, including processing paperwork required to
25 access special state and federal funding for which they may be
26 eligible. The district school board may distribute funds to a
27 charter school for up to 3 months based on the projected
28 full-time equivalent student membership of the charter school.
29 Thereafter, the results of full-time equivalent student
30 membership surveys shall be used in adjusting the amount of
31 funds distributed monthly to the charter school for the
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1 remainder of the fiscal year. The payment shall be issued no
2 later than 10 working days after the district school board
3 receives a distribution of state or federal funds. If a
4 warrant for payment is not issued within 30 working days after
5 receipt of funding by the district school board, the school
6 district shall pay to the charter school, in addition to the
7 amount of the scheduled disbursement, interest at a rate of 1
8 percent per month calculated on a daily basis on the unpaid
9 balance from the expiration of the 30-day period until such
10 time as the warrant is issued.
11 (19) FACILITIES.--
12 (a) A charter school shall utilize facilities which
13 comply with the State Uniform Building Code for Public
14 Educational Facilities Construction adopted pursuant to s.
15 1013.37 or with applicable state minimum building codes
16 pursuant to chapter 553 and state minimum fire protection
17 codes pursuant to s. 633.025, as adopted by the authority in
18 whose jurisdiction the facility is located.
19 (b) Any facility, or portion thereof, used to house a
20 charter school whose charter has been approved by the sponsor
21 and the governing board, pursuant to subsection (7), shall be
22 exempt from ad valorem taxes pursuant to s. 196.1983.
23 (c) Charter school facilities shall utilize facilities
24 which comply with the Florida Building Code, pursuant to
25 chapter 553, and the Florida Fire Prevention Code, pursuant to
26 chapter 633.
27 (d) If a district school board facility or property is
28 available because it is surplus, marked for disposal, or
29 otherwise unused, it shall be provided for a charter school's
30 use on the same basis as it is made available to other public
31 schools in the district. A charter school receiving property
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1 from the school district may not sell or dispose of such
2 property without written permission of the school district.
3 Similarly, for an existing public school converting to charter
4 status, no rental or leasing fee for the existing facility or
5 for the property normally inventoried to the conversion school
6 may be charged by the district school board to the parents and
7 teachers organizing the charter school. The charter organizers
8 shall agree to reasonable maintenance provisions in order to
9 maintain the facility in a manner similar to district school
10 board standards. The Public Education Capital Outlay
11 maintenance funds or any other maintenance funds generated by
12 the facility operated as a conversion school shall remain with
13 the conversion school.
14 (20) CAPITAL OUTLAY FUNDING.--Charter schools are
15 eligible for capital outlay funds pursuant to s. 1013.62.
16 (21) SERVICES.--
17 (a) A sponsor shall provide certain administrative and
18 educational services to charter schools. These services shall
19 include contract management services, full-time equivalent and
20 data reporting services, exceptional student education
21 administration services, test administration services,
22 processing of teacher certificate data services, and
23 information services. Any administrative fee charged by the
24 sponsor for the provision of services shall be limited to 5
25 percent of the available funds defined in paragraph (18)(b).
26 (b) If goods and services are made available to the
27 charter school through the contract with the school district,
28 they shall be provided to the charter school at a rate no
29 greater than the district's actual cost. To maximize the use
30 of state funds, school districts shall allow charter schools
31
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HB 2017, First Engrossed
1 to participate in the sponsor's bulk purchasing program if
2 applicable.
3 (c) Transportation of charter school students shall be
4 provided by the charter school consistent with the
5 requirements of part I.e. of chapter 1006. The governing body
6 of the charter school may provide transportation through an
7 agreement or contract with the district school board, a
8 private provider, or parents. The charter school and the
9 sponsor shall cooperate in making arrangements that ensure
10 that transportation is not a barrier to equal access for all
11 students residing within a reasonable distance of the charter
12 school as determined in its charter.
13 (22) PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
14 Department of Education shall provide information to the
15 public, directly and through sponsors, both on how to form and
16 operate a charter school and on how to enroll in charter
17 schools once they are created. This information shall include
18 a standard application format which shall include the
19 information specified in subsection (7). This application
20 format may be used by chartering entities.
21 (23) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
22 REVIEW.--
23 (a) The Department of Education shall regularly
24 convene a Charter School Review Panel in order to review
25 issues, practices, and policies regarding charter schools. The
26 composition of the review panel shall include individuals with
27 experience in finance, administration, law, education, and
28 school governance, and individuals familiar with charter
29 school construction and operation. The panel shall include two
30 appointees each from the Commissioner of Education, the
31 President of the Senate, and the Speaker of the House of
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1 Representatives. The Governor shall appoint three members of
2 the panel and shall designate the chair. Each member of the
3 panel shall serve a 1-year term, unless renewed by the office
4 making the appointment. The panel shall make recommendations
5 to the Legislature, to the Department of Education, to charter
6 schools, and to school districts for improving charter school
7 operations and oversight and for ensuring best business
8 practices at and fair business relationships with charter
9 schools.
10 (b) The Legislature shall review the operation of
11 charter schools during the 2005 Regular Session of the
12 Legislature.
13 (24) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon
14 receipt of the annual report required by paragraph (9)(k), the
15 Department of Education shall provide to the State Board of
16 Education, the Commissioner of Education, the President of the
17 Senate, and the Speaker of the House of Representatives an
18 analysis and comparison of the overall performance of charter
19 school students, to include all students whose scores are
20 counted as part of the statewide assessment program, versus
21 comparable public school students in the district as
22 determined by the statewide assessment program currently
23 administered in the school district, and other assessments
24 administered pursuant to s. 1008.22(3).
25 (25) CONVERSION CHARTER SCHOOL PILOT PROGRAM.--
26 (a) The conversion charter school pilot program is
27 hereby established with the intent to provide incentives for
28 local school districts to approve conversion charter schools.
29 (b) The conversion charter school pilot program shall
30 be a statewide pilot program in which 10 schools shall be
31
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1 selected based on a competitive application process in
2 accordance with this section.
3 (c) The purpose of the pilot program is to produce
4 significant improvements in student achievement and school
5 management, to encourage and measure the use of innovative
6 learning methods, and to make the school the unit for
7 improvement.
8 (d) Each school principal or a majority of the parents
9 of students attending the school, a majority of the school's
10 teachers, or a majority of the members of the school advisory
11 council may apply to the school district to participate in
12 this pilot program on forms which shall be provided by the
13 Department of Education. The forms shall include
14 acknowledgment by the school principal of applicable
15 provisions of this section and s. 1013.62. For purposes of
16 this paragraph, "a majority of the parents of students
17 attending the school" means more than 50 percent of the
18 parents voting whose children are enrolled at the school,
19 provided that a majority of the parents eligible to vote
20 participate in the ballot process; and "a majority of the
21 school's teachers" means more than 50 percent of the teachers
22 employed at the school, according to procedures established by
23 rule of the State Board of Education pursuant to subsections
24 (3) and (4).
25 (e) A person or group who has applied to participate
26 in the pilot program created by this section, pursuant to
27 paragraph (d), shall not be subject to an unlawful reprisal,
28 as defined by paragraph (4)(a), as a consequence of such
29 application. The procedures established by subsections (3) and
30 (4) shall apply to any alleged unlawful reprisal which occurs
31 as a consequence of such application.
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1 (f) A district school board shall receive and review
2 all applications by school principals, parents, teachers, or
3 school advisory council members to participate in the pilot
4 project; shall select the best applications; and shall submit
5 these applications, together with the district school board's
6 letter of endorsement and commitment of support and
7 cooperation toward the success of program implementation, for
8 review by the statewide selection panel established pursuant
9 to paragraph (g).
10 (g) A conversion charter school pilot program
11 statewide selection panel is established. The panel shall be
12 comprised of the following nine members who are not elected
13 public officials:
14 1. Three members shall be appointed by the Governor.
15 2. Two members shall be appointed by the Commissioner
16 of Education.
17 3. Two members shall be appointed by the President of
18 the Senate.
19 4. Two members shall be appointed by the Speaker of
20 the House of Representatives.
21
22 The panel shall review the conversion charter school pilot
23 program applications submitted by the district school boards
24 and shall select the 10 applications which the panel deems
25 best comply with the purpose of the program pursuant to
26 paragraph (c).
27 (h) Each district school board in which there is a
28 school selected by the statewide panel for participation in
29 the pilot program shall receive a grant as provided in the
30 General Appropriations Act:
31
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1 1. One hundred thousand dollars for planning and
2 development for each conversion charter school selected; and
3 2.a. Eighty thousand dollars for each conversion
4 charter school selected with 500 or fewer students;
5 b. One hundred thousand dollars for each conversion
6 charter school selected with more than 500 but fewer than
7 1,001 students; or
8 c. One hundred twenty thousand dollars for each
9 conversion charter school selected with more than 1,000
10 students.
11
12 The Commissioner of Education may reduce the district's FEFP
13 funding entitlement by the amount of the grant awarded under
14 this subsection if he or she determines that the district has
15 failed to comply with its letter of endorsement and commitment
16 of support and cooperation submitted under paragraph (f).
17 (i) Each conversion charter school selected for
18 participation in the pilot program shall make annual progress
19 reports to the district school board and the Commissioner of
20 Education detailing the school's progress in achieving the
21 purpose of the program as described in paragraph (c).
22 (26) RULEMAKING.--The Department of Education, after
23 consultation with school districts and charter school
24 directors, shall recommend that the State Board of Education
25 adopt rules to implement specific subsections of this section.
26 Such rules shall require minimum paperwork and shall not limit
27 charter school flexibility authorized by statute.
28 Section 98. Section 1002.34, Florida Statutes, is
29 created to read:
30 1002.34 Charter technical career centers.--
31
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1 (1) AUTHORIZATION.--The Legislature finds that the
2 establishment of charter technical career centers can assist
3 in promoting advances and innovations in workforce preparation
4 and economic development. A charter technical career center
5 may provide a learning environment that better serves the
6 needs of a specific population group or a group of
7 occupations, thus promoting diversity and choices within the
8 public education and public postsecondary technical education
9 community in this state. Therefore, the creation of such
10 centers is authorized as part of the state's program of public
11 education. A charter technical career center may be formed by
12 creating a new school or converting an existing school
13 district or community college program to charter technical
14 status.
15 (2) PURPOSE.--The purpose of a charter technical
16 career center is to:
17 (a) Develop a competitive workforce to support local
18 business and industry and economic development.
19 (b) Create a training and education model that is
20 reflective of marketplace realities.
21 (c) Offer a continuum of career educational
22 opportunities using a school-to-work, tech-prep, technical,
23 academy, and magnet school model.
24 (d) Provide career pathways for lifelong learning and
25 career mobility.
26 (e) Enhance career and technical training.
27 (3) DEFINITIONS.--As used in this section, the term:
28 (a) "Charter technical career center" or "center"
29 means a public school or a public technical center operated
30 under a charter granted by a district school board or
31 community college board of trustees or a consortium, including
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1 one or more district school boards and community college
2 boards of trustees, that includes the district in which the
3 facility is located, that is nonsectarian in its programs,
4 admission policies, employment practices, and operations, and
5 is managed by a board of directors.
6 (b) "Sponsor" means a district school board, a
7 community college board of trustees, or a consortium of one or
8 more of each.
9 (4) CHARTER.--A sponsor may designate centers as
10 provided in this section. An application to establish a
11 center may be submitted by a sponsor or another organization
12 that is determined, by rule of the State Board of Education,
13 to be appropriate. However, an independent school is not
14 eligible for status as a center. The charter must be signed
15 by the governing body of the center and the sponsor, and must
16 be approved by the district school board and community college
17 board of trustees in whose geographic region the facility is
18 located. If a charter technical career center is established
19 by the conversion to charter status of a public technical
20 center formerly governed by a district school board, the
21 charter status of that center takes precedence in any question
22 of governance. The governance of the center or of any program
23 within the center remains with its board of directors unless
24 the board agrees to a change in governance or its charter is
25 revoked as provided in subsection (15). Such a conversion
26 charter technical career center is not affected by a change in
27 the governance of public technical centers or of programs
28 within other centers that are or have been governed by
29 district school boards. A charter technical career center, or
30 any program within such a center, that was governed by a
31 district school board and transferred to a community college
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HB 2017, First Engrossed
1 prior to the effective date of this act is not affected by
2 this provision. An applicant who wishes to establish a center
3 must submit to the district school board or community college
4 board of trustees, or a consortium of one or more of each, an
5 application that includes:
6 (a) The name of the proposed center.
7 (b) The proposed structure of the center, including a
8 list of proposed members of the board of directors or a
9 description of the qualifications for and method of their
10 appointment or election.
11 (c) The workforce development goals of the center, the
12 curriculum to be offered, and the outcomes and the methods of
13 assessing the extent to which the outcomes are met.
14 (d) The admissions policy and criteria for evaluating
15 the admission of students.
16 (e) A description of the staff responsibilities and
17 the proposed qualifications of the teaching staff.
18 (f) A description of the procedures to be implemented
19 to ensure significant involvement of representatives of
20 business and industry in the operation of the center.
21 (g) A method for determining whether a student has
22 satisfied the requirements for graduation specified in s.
23 1003.43 and for completion of a postsecondary certificate or
24 degree.
25 (h) A method for granting secondary and postsecondary
26 diplomas, certificates, and degrees.
27 (i) A description of and address for the physical
28 facility in which the center will be located.
29 (j) A method of resolving conflicts between the
30 governing body of the center and the sponsor and between
31 consortium members, if applicable.
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1 (k) A method for reporting student data as required by
2 law and rule.
3 (l) Other information required by the district school
4 board or community college board of trustees.
5
6 Students at a center must meet the same testing and academic
7 performance standards as those established by law and rule for
8 students at public schools and public technical centers. The
9 students must also meet any additional assessment indicators
10 that are included within the charter approved by the district
11 school board or community college board of trustees.
12 (5) APPLICATION.--An application to establish a center
13 must be submitted by February 1 of the year preceding the
14 school year in which the center will begin operation. The
15 sponsor must review the application and make a final decision
16 on whether to approve the application and grant the charter by
17 March 1, and may condition the granting of a charter on the
18 center's taking certain actions or maintaining certain
19 conditions. Such actions and conditions must be provided to
20 the applicant in writing. The district school board or
21 community college board of trustees is not required to issue a
22 charter to any person.
23 (6) SPONSOR.--A district school board or community
24 college board of trustees or a consortium of one or more of
25 each may sponsor a center in the county in which the board has
26 jurisdiction.
27 (a) A sponsor must review all applications for centers
28 received through at least February 1 of each calendar year for
29 centers to be opened at the beginning of the sponsor's next
30 school year. A sponsor may receive applications later than
31 this date if it so chooses. To facilitate an accurate budget
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1 projection process, a sponsor shall be held harmless for FTE
2 students who are not included in the FTE projection due to
3 approval of applications after the FTE projection deadline. A
4 sponsor must, by a majority vote, approve or deny an
5 application no later than 60 days after the application is
6 received. If an application is denied, the sponsor must,
7 within 10 days, notify the applicant in writing of the
8 specific reasons for denial, which must be based upon good
9 cause. Upon approval of a charter application, the initial
10 startup must be consistent with the beginning of the public
11 school or community college calendar for the district in which
12 the charter is granted, unless the sponsor allows a waiver of
13 this provision for good cause.
14 (b) An applicant may appeal any denial of its
15 application to the State Board of Education within 30 days
16 after the sponsor's denial and shall notify the sponsor of its
17 appeal. Any response of the sponsor must be submitted to the
18 state board within 30 days after notification of the appeal.
19 The State Board of Education must, by majority vote, accept or
20 reject the decision of the sponsor no later than 60 days after
21 an appeal is filed, pursuant to State Board of Education rule.
22 The State Board of Education may reject an appeal for failure
23 to comply with procedural rules governing the appeals process,
24 and the rejection must describe the submission errors. The
25 appellant may have up to 15 days after notice of rejection to
26 resubmit an appeal. An application for appeal submitted after
27 a rejection is timely if the original appeal was filed within
28 30 days after the sponsor's denial. The State Board of
29 Education shall remand the application to the sponsor with a
30 written recommendation that the sponsor approve or deny the
31 application, consistent with the state board's decision. The
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1 decision of the State Board of Education is not subject to the
2 provisions of chapter 120.
3 (c) The sponsor must act upon the recommendation of
4 the State Board of Education within 30 days after it is
5 received, unless the sponsor determines by competent
6 substantial evidence that approving the state board's
7 recommendation would be contrary to law or the best interests
8 of the students or the community. The sponsor must notify the
9 applicant in writing concerning the specific reasons for its
10 failure to follow the state board's recommendation. The
11 sponsor's action on the state board's recommendation is a
12 final action, subject to judicial review.
13 (d) The Department of Education may provide technical
14 assistance to an applicant upon written request.
15 (e) The terms and conditions for the operation of a
16 center must be agreed to by the sponsor and the applicant in a
17 written contract. The sponsor may not impose unreasonable
18 requirements that violate the intent of giving centers greater
19 flexibility to meet educational goals. The applicant and
20 sponsor must reach an agreement on the provisions of the
21 contract or the application is deemed denied.
22 (f) The sponsor shall monitor and review the center's
23 progress towards charter goals and shall monitor the center's
24 revenues and expenditures.
25 (7) LEGAL ENTITY.--A center must organize as a
26 nonprofit organization and adopt a name and corporate seal. A
27 center is a body corporate and politic, with all powers to
28 implement its charter program. The center may:
29 (a) Be a private or a public employer.
30 (b) Sue and be sued, but only to the same extent and
31 upon the same conditions that a public entity can be sued.
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1 (c) Acquire real property by purchase, lease, lease
2 with an option to purchase, or gift, to use as a center
3 facility.
4 (d) Receive and disburse funds.
5 (e) Enter into contracts or leases for services,
6 equipment, or supplies.
7 (f) Incur temporary debts in anticipation of the
8 receipt of funds.
9 (g) Solicit and accept gifts or grants for career
10 center purposes.
11 (h) Take any other action that is not inconsistent
12 with this section and rules adopted under this section.
13 (8) ELIGIBLE STUDENTS.--A center must be open to all
14 students as space is available and may not discriminate in
15 admissions policies or practices on the basis of an
16 individual's physical disability or proficiency in English or
17 on any other basis that would be unlawful if practiced by a
18 public school or a community college. A center may establish
19 reasonable criteria by which to evaluate prospective students,
20 which criteria must be outlined in the charter.
21 (9) FACILITIES.--A center may be located in any
22 suitable location, including part of an existing public school
23 or community college building, space provided on a public
24 worksite, or a public building. A center's facilities must
25 comply with the State Uniform Building Code for Public
26 Educational Facilities Construction adopted pursuant to s.
27 1013.37, or with applicable state minimum building codes
28 pursuant to chapter 553, and state minimum fire protection
29 codes pursuant to s. 633.025, adopted by the authority in
30 whose jurisdiction the facility is located. If K-12 public
31 school funds are used for construction, the facility must
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1 remain on the local school district's Florida Inventory of
2 School Houses (FISH) school building inventory of the district
3 school board and must revert to the district school board if
4 the consortium dissolves and the program is discontinued. If
5 community college public school funds are used for
6 construction, the facility must remain on the local community
7 college's facilities inventory and must revert to the local
8 community college board of trustees if the consortium
9 dissolves and the program is discontinued. The additional
10 student capacity created by the addition of the center to the
11 local school district's FISH may not be calculated in the
12 permanent student capacity for the purpose of determining need
13 or eligibility for state capital outlay funds while the
14 facility is used as a center. If the construction of the
15 center is funded jointly by K-12 public school funds and
16 community college funds, the sponsoring entities must agree,
17 before granting the charter, on the appropriate owner and
18 terms of transfer of the facility if the charter is dissolved.
19 (10) EXEMPTION FROM STATUTES.--
20 (a) A center must operate pursuant to its charter and
21 is exempt from all statutes of the Florida School Code except
22 provisions pertaining to civil rights and to student health,
23 safety, and welfare, or as otherwise required by law.
24 (b) A center must comply with the Florida K-20
25 Education Code with respect to providing services to students
26 with disabilities.
27 (c) A center must comply with the antidiscrimination
28 provisions of s. 1000.05.
29 (11) FUNDING.--
30 (a) Each district school board and community college
31 that sponsors a charter technical career center shall pay
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1 directly to the center an amount stated in the charter. State
2 funding shall be generated for the center for its student
3 enrollment and program outcomes as provided in law. A center
4 is eligible for funding from the Florida Workforce Development
5 Education Fund, the Florida Education Finance Program, and the
6 Community College Program Fund, depending upon the programs
7 conducted by the center.
8 (b) A center may receive other state and federal aid,
9 grants, and revenue through the district school board or
10 community college board of trustees.
11 (c) A center may receive gifts and grants from private
12 sources.
13 (d) A center may not levy taxes or issue bonds, but it
14 may charge a student tuition fee consistent with authority
15 granted in its charter and permitted by law.
16 (e) A center shall provide for an annual financial
17 audit in accordance with s. 218.39.
18 (f) A center must provide instruction for at least the
19 number of days required by law for other public schools or
20 community colleges, as appropriate, and may provide
21 instruction for additional days.
22 (12) EMPLOYEES OF A CENTER.--
23 (a) A center may select its own employees.
24 (b) A center may contract for services with an
25 individual, partnership, or a cooperative. Such persons
26 contracted with are not public employees.
27 (c) If a center contracts with a public educational
28 agency for services, the terms of employment must follow
29 existing state law and rule and local policies and procedures.
30 (d) The employees of a center may bargain
31 collectively, as a separate unit or as part of the existing
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1 district collective bargaining unit, as determined by the
2 structure of the center.
3 (e) As a public employer, a center may participate in:
4 1. The Florida Retirement System upon application and
5 approval as a "covered group" under s. 121.021(34). If a
6 center participates in the Florida Retirement System, its
7 employees are compulsory members of the Florida Retirement
8 System.
9 2. The State Community College System Optional
10 Retirement Program pursuant to s. 1012.875(2), if the charter
11 is granted by a community college that participates in the
12 optional retirement program and meets the eligibility criteria
13 of s. 121.051(2)(c).
14 (f) Teachers who are considered qualified by the
15 career center are exempt from state certification
16 requirements.
17 (g) A public school or community college teacher or
18 administrator may take a leave of absence to accept employment
19 in a charter technical career center upon the approval of the
20 school district or community college.
21 (h) An employee who is on a leave of absence under
22 this section may retain seniority accrued in that school
23 district or community college and may continue to be covered
24 by the benefit programs of that district or community college
25 if the center and the district school board or community
26 college board of trustees agree to this arrangement and its
27 financing.
28 (13) BOARD OF DIRECTORS AUTHORITY.--The board of
29 directors of a center may decide matters relating to the
30 operation of the school, including budgeting, curriculum, and
31 operating procedures, subject to the center's charter.
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1 (14) ACCOUNTABILITY.--Each center must submit a report
2 to the participating district school board or community
3 college board of trustees by August 1 of each year. The
4 report must be in such form as the sponsor prescribes and must
5 include:
6 (a) A discussion of progress made toward the
7 achievement of the goals outlined in the center's charter.
8 (b) A financial statement setting forth by appropriate
9 categories the revenue and expenditures for the previous
10 school year.
11 (15) TERMS OF THE CHARTER.--The term of an initial
12 charter may not exceed 5 years. Thereafter, the sponsor may
13 renew a charter for a period up to 5 years. The sponsor may
14 refuse to renew a charter or may revoke a charter if the
15 center has not fulfilled a condition imposed under the charter
16 or if the center has violated any provision of the charter.
17 The sponsor may place the center on probationary status to
18 allow the implementation of a remedial plan, after which, if
19 the plan is unsuccessful, the charter may be summarily
20 revoked. The sponsor shall develop procedures and guidelines
21 for the revocation and renewal of a center's charter. The
22 sponsor must give written notice of its intent not to renew
23 the charter at least 12 months before the charter expires. If
24 the sponsor revokes a charter before the scheduled expiration
25 date, the sponsor must provide written notice to the governing
26 board of the center at least 60 days before the date of
27 termination, stating the grounds for the proposed revocation.
28 The governing board of the center may request in writing an
29 informal hearing before the sponsor within 14 days after
30 receiving the notice of revocation. A revocation takes effect
31 at the conclusion of a school year, unless the sponsor
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