House Bill hb0001D
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Florida House of Representatives - 2002 HB 1-D
By Representatives Melvin and Kilmer
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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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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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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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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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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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 WHEREAS, Representative Jerry G. Melvin has served in
14 the Florida House of Representatives for 18 years, from
15 1968-1978 and 1995-2002, and is the current Dean of this great
16 institution, and
17 WHEREAS, Representative Jerry G. Melvin served for many
18 years on the Education Appropriations Committee, chaired the
19 Education Innovation Committee from 1997 through 2000, and has
20 chaired the Council for Lifelong Learning from 2000 through
21 2002, and
22 WHEREAS, in his many years of education chairmanship,
23 Representative Jerry G. Melvin has fought tirelessly to
24 achieve the public policy goals of the House leadership, and
25 WHEREAS, in his final year of service to this House,
26 Representative Jerry G. Melvin has accomplished his crowning
27 achievement by bringing before this body, as required in last
28 year's education governance legislation, a new, clear, concise
29 revision of the entire education code that reflects the new
30 governance structure, and
31
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1 WHEREAS, this new education code is the largest, most
2 comprehensive piece of legislation ever brought before this
3 Legislature and epitomizes the dedication and hard work of
4 Representative Jerry G. Melvin, NOW, THEREFORE,
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Chapter 1000, Florida Statutes, shall be
9 entitled "K-20 General Provisions" and shall consist of ss.
10 1000.01-1000.21.
11 Section 2. Part I of chapter 1000, Florida Statutes,
12 shall be entitled "General Provisions" and shall consist of
13 ss. 1000.01-1000.06.
14 Section 3. Section 1000.01, Florida Statutes, is
15 created to read:
16 1000.01 The Florida K-20 Education System; technical
17 provisions.--
18 (1) NAME.--Chapters 1000 through 1013 shall be known
19 and cited as the "Florida K-20 Education Code."
20 (2) LIBERAL CONSTRUCTION.--The provisions of the
21 Florida K-20 Education Code shall be liberally construed to
22 the end that its objectives may be effected. It is the
23 legislative intent that if any section, subsection, sentence,
24 clause, or provision of the Florida K-20 Education Code is
25 held invalid, the remainder of the code shall not be affected.
26 (3) PURPOSE.--The purpose of the Florida K-20
27 Education Code is to provide by law for a state system of
28 schools, courses, classes, and educational institutions and
29 services adequate to allow, for all Florida's students, the
30 opportunity to obtain a high quality education. The Florida
31 K-20 education system is established to accomplish this
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1 purpose; however, nothing in this code shall be construed to
2 require the provision of free public education beyond grade
3 12.
4 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS
5 INCLUDED.--As required by s. 1, Art. IX of the State
6 Constitution, the Florida K-20 education system shall include
7 the uniform system of free public K-12 schools. These public
8 K-12 schools shall provide 13 consecutive years of
9 instruction, beginning with kindergarten, and shall also
10 provide such instruction for students with disabilities,
11 gifted students, limited English proficient students, and
12 students in Department of Juvenile Justice programs as may be
13 required by law. The funds for support and maintenance of the
14 uniform system of free public K-12 schools shall be derived
15 from state, district, federal, and other lawful sources or
16 combinations of sources, including any fees charged
17 nonresidents as provided by law.
18 (5) EDUCATION GOVERNANCE TRANSFERS.--
19 (a) Effective July 1, 2001:
20 1. The Board of Regents is abolished.
21 2. All of the powers, duties, functions, records,
22 personnel, and property; unexpended balances of
23 appropriations, allocations, and other funds; administrative
24 authority; administrative rules; pending issues; and existing
25 contracts of the Board of Regents are transferred by a type
26 two transfer, pursuant to s. 20.06(2), to the Florida Board of
27 Education.
28 3. The State Board of Community Colleges is abolished.
29 4. 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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1 authority; administrative rules; pending issues; and existing
2 contracts of the State Board of Community Colleges are
3 transferred by a type two transfer, pursuant to s. 20.06(2),
4 from the Department of Education to the Florida Board of
5 Education.
6 5. The Postsecondary Education Planning Commission is
7 abolished.
8 6. The Council for Education Policy Research and
9 Improvement is created as an independent office under the
10 Office of Legislative Services.
11 7. All personnel, unexpended balances of
12 appropriations, and allocations of the Postsecondary Education
13 Planning Commission are transferred to the Council for
14 Education Policy Research and Improvement.
15 8. The Articulation Coordinating Committee and the
16 Education Standards Commission are transferred by a type two
17 transfer, pursuant to s. 20.06(2), from the Department of
18 Education to the Florida Board of Education.
19 (b) All rules of the State Board of Education, the
20 Commissioner of Education, and the Department of Education,
21 and all rules of the district school boards, the community
22 college boards of trustees, and the state university boards of
23 trustees, in effect on January 2, 2003, remain in effect until
24 specifically amended or repealed in the manner provided by
25 law.
26 (c) Effective January 7, 2003:
27 1. The administrative rules of the Department of
28 Education and the Commissioner of Education shall become the
29 rules of the State Board of Education.
30
31
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1 2. The administrative rules of the State Board of
2 Education shall become the rules of the appointed State Board
3 of Education.
4 (d) All administrative rules of the State Board of
5 Education, the Commissioner of Education, and the Department
6 of Education are transferred by a type two transfer, as
7 defined in s. 20.06(2), Florida Statutes, to the appointed
8 State Board of Education.
9 (e) This act creating the Florida K-20 Education Code
10 shall not affect the validity of any judicial or
11 administrative action involving the Department of Education,
12 pending on January 7, 2003. This act shall not affect the
13 validity of any judicial or administrative action involving
14 the Commissioner of Education or the State Board of Education,
15 pending on January 7, 2003, and the appointed State Board of
16 Education shall be substituted as a party of interest in any
17 such action.
18 Section 4. Section 1000.02, Florida Statutes, is
19 created to read:
20 1000.02 Policy and guiding principles for the Florida
21 K-20 education system.--
22 (1) It is the policy of the Legislature:
23 (a) To achieve within existing resources a seamless
24 academic educational system that fosters an integrated
25 continuum of kindergarten through graduate school education
26 for Florida's students.
27 (b) To promote enhanced academic success and funding
28 efficiency of educational delivery systems by aligning
29 responsibility with accountability.
30 (c) To provide consistent education policy across all
31 educational delivery systems, focusing on students.
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1 (d) To provide substantially improved articulation
2 across all educational delivery systems.
3 (e) To provide for the decentralization of authority
4 to the schools, community colleges, universities, and other
5 education institutions that deliver educational services to
6 the public.
7 (f) To ensure that independent education institutions
8 and home education programs maintain their independence,
9 autonomy, and nongovernmental status.
10 (2) The guiding principles for Florida's K-20
11 education system are:
12 (a) A coordinated, seamless system for kindergarten
13 through graduate school education.
14 (b) A system that is student-centered in every facet.
15 (c) A system that maximizes education access and
16 allows the opportunity for a high quality education for all
17 Floridians.
18 (d) A system that safeguards equity and supports
19 academic excellence.
20 (e) A system that provides for local operational
21 flexibility while promoting accountability for student
22 achievement and improvement.
23 Section 5. Section 1000.03, Florida Statutes, is
24 created to read:
25 1000.03 Function, mission, and goals of the Florida
26 K-20 education system.--
27 (1) Florida's K-20 education system shall be a
28 decentralized system without excess layers of bureaucracy. The
29 State Board of Education may appoint on an ad hoc basis a
30 committee or committees to assist it on any and all issues
31 within the K-20 education system. Florida's K-20 education
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1 system shall maintain a systemwide technology plan based on a
2 common set of data definitions.
3 (2)(a) The Legislature shall establish education
4 policy, enact education laws, and appropriate and allocate
5 education resources.
6 (b) The State Board of Education shall oversee the
7 enforcement of all laws and rules, and the timely provision of
8 direction, resources, assistance, intervention when needed,
9 and strong incentives and disincentives to force
10 accountability for results.
11 (c) The Commissioner of Education shall serve as chief
12 executive officer of the K-20 education system. The
13 commissioner shall be responsible for enforcing compliance
14 with the mission and goals of the K-20 education system. The
15 commissioner's office shall operate all statewide functions
16 necessary to support the State Board of Education and the K-20
17 education system.
18 (3) Public education is a cooperative function of the
19 state and local educational authorities. The state retains
20 responsibility for establishing a system of public education
21 through laws, standards, and rules to assure efficient
22 operation of a K-20 system of public education and adequate
23 educational opportunities for all individuals. Local
24 educational authorities have a duty to fully and faithfully
25 comply with state laws, standards, and rules and to
26 efficiently use the resources available to them to assist the
27 state in allowing adequate educational opportunities.
28 (4) The mission of Florida's K-20 education system is
29 to allow its students to increase their proficiency by
30 allowing them the opportunity to expand their knowledge and
31 skills through adequate learning opportunities, in accordance
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1 with the mission statement and accountability requirements of
2 s. 1008.31.
3 (5) The priorities of Florida's K-20 education system
4 include:
5 (a) Learning and completion at all levels, including
6 increased high school graduation rate and readiness for
7 postsecondary education without remediation.--All students
8 demonstrate increased learning and completion at all levels,
9 graduate from high school, and are prepared to enter
10 postsecondary education without remediation.
11 (b) Student performance.--Students demonstrate that
12 they meet the expected academic standards consistently at all
13 levels of their education.
14 (c) Alignment of standards and resources.--Academic
15 standards for every level of the K-20 education system are
16 aligned, and education financial resources are aligned with
17 student performance expectations at each level of the K-20
18 education system.
19 (d) Educational leadership.--The quality of
20 educational leadership at all levels of K-20 education is
21 improved.
22 (e) Workforce education.--Workforce education is
23 appropriately aligned with the skills required by the new
24 global economy.
25 (f) Parental, student, family, educational
26 institution, and community involvement.--Parents, students,
27 families, educational institutions, and communities are
28 collaborative partners in education, and each plays an
29 important role in the success of individual students.
30 Therefore, the State of Florida cannot be the guarantor of
31 each individual student's success. The goals of Florida's K-20
13
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1 education system are not guarantees that each individual
2 student will succeed or that each individual school will
3 perform at the level indicated in the goals.
4 Section 6. Section 1000.04, Florida Statutes, is
5 created to read:
6 1000.04 Components for the delivery of public
7 education within the Florida K-20 education system.--Florida's
8 K-20 education system provides for the delivery of public
9 education through publicly supported and controlled K-12
10 schools, community colleges, state universities and other
11 postsecondary educational institutions, other educational
12 institutions, and other educational services as provided or
13 authorized by the Constitution and laws of the state.
14 (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools
15 include charter schools and consist of kindergarten classes;
16 elementary, middle, and high school grades and special
17 classes; workforce development education; area technical
18 centers; adult, part-time, career and technical, and evening
19 schools, courses, or classes, as authorized by law to be
20 operated under the control of district school boards; and lab
21 schools operated under the control of state universities.
22 (2) PUBLIC POSTSECONDARY EDUCATIONAL
23 INSTITUTIONS.--Public postsecondary educational institutions
24 include workforce development education; community colleges;
25 colleges; state universities; and all other state-supported
26 postsecondary educational institutions that are authorized and
27 established by law.
28 (3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.--The
29 Florida School for the Deaf and the Blind is a component of
30 the delivery of public education within Florida's K-20
31 education system.
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1 (4) THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual
2 School is a component of the delivery of public education
3 within Florida's K-20 education system.
4 Section 7. Section 1000.05, Florida Statutes, is
5 created to read:
6 1000.05 Discrimination against students and employees
7 in the Florida K-20 public education system prohibited;
8 equality of access required.--
9 (1) This section may be cited as the "Florida
10 Educational Equity Act."
11 (2)(a) Discrimination on the basis of race, ethnicity,
12 national origin, gender, disability, or marital status against
13 a student or an employee in the state system of public K-20
14 education is prohibited. No person in this state shall, on the
15 basis of race, ethnicity, national origin, gender, disability,
16 or marital status, be excluded from participation in, be
17 denied the benefits of, or be subjected to discrimination
18 under any public K-20 education program or activity, or in any
19 employment conditions or practices, conducted by a public
20 educational institution that receives or benefits from federal
21 or state financial assistance.
22 (b) The criteria for admission to a program or course
23 shall not have the effect of restricting access by persons of
24 a particular race, ethnicity, national origin, gender,
25 disability, or marital status.
26 (c) All public K-20 education classes shall be
27 available to all students without regard to race, ethnicity,
28 national origin, gender, disability, or marital status;
29 however, this is not intended to eliminate the provision of
30 programs designed to meet the needs of students with limited
31 proficiency in English, gifted students, or students with
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1 disabilities or programs tailored to students with specialized
2 talents or skills.
3 (d) Students may be separated by gender for any
4 portion of a class that deals with human reproduction or
5 during participation in bodily contact sports. For the
6 purpose of this section, bodily contact sports include
7 wrestling, boxing, rugby, ice hockey, football, basketball,
8 and other sports in which the purpose or major activity
9 involves bodily contact.
10 (e) Guidance services, counseling services, and
11 financial assistance services in the state public K-20
12 education system shall be available to students equally.
13 Guidance and counseling services, materials, and promotional
14 events shall stress access to academic, career and technical
15 opportunities for students without regard to race, ethnicity,
16 national origin, gender, disability, or marital status.
17 (3)(a) No person shall, on the basis of gender, be
18 excluded from participating in, be denied the benefits of, or
19 be treated differently from another person or otherwise be
20 discriminated against in any interscholastic, intercollegiate,
21 club, or intramural athletics offered by a public K-20
22 educational institution; and no public K-20 educational
23 institution shall provide athletics separately on such basis.
24 (b) Notwithstanding the requirements of paragraph (a),
25 a public K-20 educational institution may operate or sponsor
26 separate teams for members of each gender if the selection for
27 such teams is based upon competitive skill or the activity
28 involved is a bodily contact sport. However, when a public
29 K-20 educational institution operates or sponsors a team in a
30 particular sport for members of one gender but does not
31 operate or sponsor such a team for members of the other
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1 gender, and athletic opportunities for that gender have
2 previously been limited, members of the excluded gender must
3 be allowed to try out for the team offered.
4 (c) This subsection does not prohibit the grouping of
5 students in physical education classes and activities by
6 ability as assessed by objective standards of individual
7 performance developed and applied without regard to gender.
8 However, when use of a single standard of measuring skill or
9 progress in a physical education class has an adverse effect
10 on members of one gender, the educational institution shall
11 use appropriate standards which do not have such effect.
12 (d) A public K-20 educational institution which
13 operates or sponsors interscholastic, intercollegiate, club,
14 or intramural athletics shall provide equal athletic
15 opportunity for members of both genders. In determining
16 whether equal opportunities are available, the Commissioner of
17 Education shall consider, among other factors:
18 1. Whether the selection of sports and levels of
19 competition effectively accommodate the interests and
20 abilities of members of both genders.
21 2. The provision of equipment and supplies.
22 3. Scheduling of games and practice times.
23 4. Travel and per diem allowances.
24 5. Opportunities to receive coaching and academic
25 tutoring.
26 6. Assignment and compensation of coaches and tutors.
27 7. Provision of locker room, practice, and competitive
28 facilities.
29 8. Provision of medical and training facilities and
30 services.
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1 9. Provision of housing and dining facilities and
2 services.
3 10. Publicity.
4
5 Unequal aggregate expenditures for members of each gender or
6 unequal expenditures for male and female teams if a public
7 K-20 educational institution operates or sponsors separate
8 teams do not constitute nonimplementation of this subsection,
9 but the Commissioner of Education shall consider the failure
10 to provide necessary funds for teams for one gender in
11 assessing equality of opportunity for members of each gender.
12 (e) A public K-20 educational institution may provide
13 separate toilet, locker room, and shower facilities on the
14 basis of gender, but such facilities shall be comparable to
15 such facilities provided for students of the other gender.
16 (4) Educational institutions within the state public
17 K-20 education system shall develop and implement methods and
18 strategies to increase the participation of students of a
19 particular race, ethnicity, national origin, gender,
20 disability, or marital status in programs and courses in which
21 students of that particular race, ethnicity, national origin,
22 gender, disability, or marital status have been traditionally
23 underrepresented, including, but not limited to, mathematics,
24 science, computer technology, electronics, communications
25 technology, engineering, and career and technical education.
26 (5) The State Board of Education shall adopt rules to
27 implement this section.
28 (6) The functions of the Office of Equal Educational
29 Opportunity of the Department of Education shall include, but
30 are not limited to:
31
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1 (a) Requiring all district school boards, community
2 college boards of trustees, and state university boards of
3 trustees to develop and submit plans for the implementation of
4 this section to the Department of Education.
5 (b) Conducting periodic reviews of public K-20
6 educational agencies to determine compliance with this section
7 and, after a finding that an educational agency is not in
8 compliance with this section, notifying the agency of the
9 steps that it must take to attain compliance and performing
10 followup monitoring.
11 (c) Providing technical assistance, including
12 assisting public K-20 educational agencies in identifying
13 unlawful discrimination and instructing them in remedies for
14 correction and prevention of such discrimination and
15 performing followup monitoring.
16 (d) Conducting studies of the effectiveness of methods
17 and strategies designed to increase the participation of
18 students in programs and courses in which students of a
19 particular race, ethnicity, national origin, gender,
20 disability, or marital status have been traditionally
21 underrepresented and monitoring the success of students in
22 such programs or courses, including performing followup
23 monitoring.
24 (e) Requiring all district school boards, community
25 college boards of trustees, and state university boards of
26 trustees to submit data and information necessary to determine
27 compliance with this section. The Commissioner of Education
28 shall prescribe the format and the date for submission of such
29 data and any other educational equity data. If any board does
30 not submit the required compliance data or other required
31 educational equity data by the prescribed date, the
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1 commissioner shall notify the board of this fact and, if the
2 board does not take appropriate action to immediately submit
3 the required report, the State Board of Education shall impose
4 monetary sanctions.
5 (f) Based upon rules of the State Board of Education,
6 developing and implementing enforcement mechanisms with
7 appropriate penalties to ensure that public K-12 schools,
8 community colleges, and state universities comply with Title
9 IX of the Education Amendments of 1972 and subsection (3) of
10 this section. However, the State Board of Education may not
11 force an educational agency to conduct, nor penalize an
12 educational agency for not conducting, a program of athletic
13 activity or athletic scholarship for female athletes unless it
14 is an athletic activity approved for women by a recognized
15 association whose purpose is to promote athletics and a
16 conference or league exists to promote interscholastic or
17 intercollegiate competition for women in that athletic
18 activity.
19 (g) Reporting to the Commissioner of Education any
20 district school board, community college board of trustees, or
21 state university board of trustees found to be out of
22 compliance with rules of the State Board of Education adopted
23 as required by paragraph (f) or paragraph (3)(d). To penalize
24 the board, the State Board of Education shall:
25 1. Declare the educational agency ineligible for
26 competitive state grants.
27 2. Notwithstanding the provisions of s. 216.192,
28 direct the Comptroller to withhold general revenue funds
29 sufficient to obtain compliance from the educational agency.
30
31
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1 The educational agency shall remain ineligible and the funds
2 shall not be paid until the agency comes into compliance or
3 the State Board of Education approves a plan for compliance.
4 (7) A person aggrieved by a violation of this section
5 or a violation of a rule adopted under this section has a
6 right of action for such equitable relief as the court may
7 determine. The court may also award reasonable attorney's
8 fees and court costs to a prevailing party.
9 Section 8. Section 1000.06, Florida Statutes, is
10 created to read:
11 1000.06 Display of flags.--Every public K-20
12 educational institution that is provided or authorized by the
13 Constitution and laws of Florida shall display daily the flag
14 of the United States and the official flag of Florida when the
15 weather permits upon one building or on a suitable flagstaff
16 upon the grounds of each public postsecondary educational
17 institution and upon every district school board building or
18 grounds except when the institution or school is closed for
19 vacation, provided that, if two or more buildings are located
20 on the same or on adjacent sites, one flag may be displayed
21 for the entire group of buildings.
22 Section 9. Part II of chapter 1000, Florida Statutes,
23 shall be entitled "Systemwide Definitions" and shall consist
24 of s. 1000.21.
25 Section 10. Section 1000.21, Florida Statutes, is
26 created to read:
27 1000.21 Systemwide definitions.--As used in the
28 Florida K-20 Education Code:
29 (1) "Articulation" is the systematic coordination that
30 provides the means by which students proceed toward their
31 educational objectives in as rapid and student-friendly manner
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1 as their circumstances permit, from grade level to grade
2 level, from elementary to middle to high school, to and
3 through postsecondary education, and when transferring from
4 one educational institution or program to another.
5 (2) "Commissioner" is the Commissioner of Education.
6 (3) "Community college," except as otherwise
7 specifically provided, includes the following institutions and
8 any branch campuses, centers, or other affiliates of the
9 institution:
10 (a) Brevard Community College.
11 (b) Broward Community College.
12 (c) Central Florida Community College.
13 (d) Chipola Junior College.
14 (e) Daytona Beach Community College.
15 (f) Edison Community College.
16 (g) Florida Community College at Jacksonville.
17 (h) Florida Keys Community College.
18 (i) Gulf Coast Community College.
19 (j) Hillsborough Community College.
20 (k) Indian River Community College.
21 (l) Lake City Community College.
22 (m) Lake-Sumter Community College.
23 (n) Manatee Community College.
24 (o) Miami-Dade Community College.
25 (p) North Florida Community College.
26 (q) Okaloosa-Walton Community College.
27 (r) Palm Beach Community College.
28 (s) Pasco-Hernando Community College.
29 (t) Pensacola Junior College.
30 (u) Polk Community College.
31 (v) St. Johns River Community College.
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1 (w) St. Petersburg College.
2 (x) Santa Fe Community College.
3 (y) Seminole Community College.
4 (z) South Florida Community College.
5 (aa) Tallahassee Community College.
6 (bb) Valencia Community College.
7 (4) "Department" is the Department of Education.
8 (5) "Parent" is either or both parents of a student,
9 any guardian of a student, any person in a parental
10 relationship to a student, or any person exercising
11 supervisory authority over a student in place of the parent.
12 (6) "State university," except as otherwise
13 specifically provided, includes the following institutions and
14 any branch campuses, centers, or other affiliates of the
15 institution:
16 (a) The University of Florida.
17 (b) The Florida State University.
18 (c) The Florida Agricultural and Mechanical
19 University.
20 (d) The University of South Florida.
21 (e) The Florida Atlantic University.
22 (f) The University of West Florida.
23 (g) The University of Central Florida.
24 (h) The University of North Florida.
25 (i) The Florida International University.
26 (j) The Florida Gulf Coast University.
27 (k) New College of Florida.
28 (7) "Sunshine State Standards" are standards that
29 identify what public school students should know and be able
30 to do. These standards delineate the academic achievement of
31 students for which the state will hold its public schools
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1 accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects
2 of language arts, mathematics, science, social studies, the
3 arts, health and physical education, foreign languages,
4 reading, writing, history, government, geography, economics,
5 and computer literacy.
6 Section 11. Part III of chapter 1000, Florida
7 Statutes, shall be entitled "Educational Compacts" and shall
8 consist of ss. 1000.31-1000.34.
9 Section 12. Section 1000.31, Florida Statutes, is
10 created to read:
11 1000.31 Regional education; state policy.--It is
12 hereby declared to be the policy of the state to promote the
13 development and maintenance of regional education services and
14 facilities in the Southern States in the professional,
15 technological, scientific, literary and other fields so as to
16 provide greater educational advantages for the citizens of the
17 state and the citizens in the several states in said region;
18 and it is found and determined by the Legislature of the state
19 that greater educational advantages and facilities for the
20 citizens of the state in certain phases of the professional,
21 technological, scientific, literary and other fields in
22 education can best be accomplished by the development and
23 maintenance of regional educational services and facilities,
24 under the plan embodied in "The Regional Pact" hereinafter
25 adopted; and this law shall be liberally construed to
26 accomplish such purposes.
27 Section 13. Section 1000.32, Florida Statutes, is
28 created to read:
29 1000.32 Regional compact.--The compact entered into by
30 the state and other Southern States by and through their
31 respective governors on February 8, 1948, as amended, relative
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1 to the development and maintenance of regional education
2 services and schools in the Southern States in the
3 professional, technological, scientific, literary and other
4 fields so as to promote greater educational facilities for the
5 citizens of the several states who reside in said region, a
6 copy of said compact, as amended, being as follows:
7
8 THE REGIONAL COMPACT
9 (as amended)
10
11 WHEREAS, The States who are parties hereto have during
12 the past several years conducted careful investigation looking
13 toward the establishment and maintenance of jointly owned and
14 operated regional educational institutions in the Southern
15 States in the professional, technological, scientific,
16 literary, and other fields, so as to provide greater
17 educational advantages and facilities for the citizens of the
18 several states who reside within such region; and
19 WHEREAS, Meharry Medical College of Nashville,
20 Tennessee, has proposed that its lands, buildings, equipment,
21 and the net income from its endowment be turned over to the
22 Southern States, or to an agency acting in their behalf, to be
23 operated as a regional institution for medical, dental and
24 nursing education upon terms and conditions to be hereafter
25 agreed upon between the Southern States and Meharry Medical
26 College, which proposal, because of the present financial
27 condition of the institution, has been approved by the said
28 states who are parties hereto; and
29 WHEREAS, the said states desire to enter into a compact
30 with each other providing for the planning and establishment
31 of regional educational facilities;
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1 NOW, THEREFORE, in consideration of the mutual
2 agreements, covenants and obligations assumed by the
3 respective states who are parties hereto (hereinafter referred
4 to as "states"), the said several states do hereby form a
5 geographical district or region consisting of the areas lying
6 within the boundaries of the contracting states which, for the
7 purposes of this compact, shall constitute an area for
8 regional education supported by public funds derived from
9 taxation by the constituent states and derived from other
10 sources for the establishment, acquisition, operation and
11 maintenance of regional educational schools and institutions
12 for the benefit of citizens of the respective states residing
13 within the region so established as may be determined from
14 time to time in accordance with the terms and provisions of
15 this compact.
16 The states do further hereby establish and create a
17 joint agency which shall be known as the Board of Control for
18 Southern Regional Education (hereinafter referred to as the
19 "board"), the members of which board shall consist of the
20 governor of each state, ex officio, and four additional
21 citizens of each state to be appointed by the governor
22 thereof, at least one of whom shall be selected from the field
23 of education, and at least one of whom shall be a member of
24 the legislature of that state. The governor shall continue as
25 a member of the board during his or her tenure of office as
26 governor of the state, but the members of the board appointed
27 by the governor shall hold office for a period of four years
28 except that in the original appointments one board member so
29 appointed by the governor shall be designated at the time of
30 his or her appointment to serve an initial term of two years,
31 one board member to serve an initial term of three years, and
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1 the remaining board member to serve the full term of four
2 years, but thereafter the successor of each appointed board
3 member shall serve the full term of four years. Vacancies on
4 the board caused by death, resignation, refusal or inability
5 to serve, shall be filled by appointment by the governor for
6 the unexpired portion of the term. The officers of the board
7 shall be a chair, a vice chair, a secretary, a treasurer, and
8 such additional officers as may be created by the board from
9 time to time. The board shall meet annually and officers
10 shall be elected to hold office until the next annual meeting.
11 The board shall have the right to formulate and establish
12 bylaws not inconsistent with the provisions of this compact to
13 govern its own actions in the performance of the duties
14 delegated to it including the right to create and appoint an
15 executive committee and a finance committee with such powers
16 and authority as the board may delegate to them from time to
17 time. The board may, within its discretion, elect as its
18 chair a person who is not a member of the board, provided such
19 person resides within a signatory state, and upon such
20 election such person shall become a member of the board with
21 all the rights and privileges of such membership. This
22 paragraph as amended in 1957 shall be effective when eight or
23 more of the states party to the compact have given legislative
24 approval to the amendment.
25 It shall be the duty of the board to submit plans and
26 recommendations to the states from time to time for their
27 approval and adoption by appropriate legislative action for
28 the development, establishment, acquisition, operation and
29 maintenance of educational schools and institutions within the
30 geographical limits of the regional area of the states, of
31 such character and type and for such educational purposes,
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1 professional, technological, scientific, literary, or
2 otherwise, as they may deem and determine to be proper,
3 necessary or advisable. Title to all such educational
4 institutions when so established by appropriate legislative
5 actions of the states and to all properties and facilities
6 used in connection therewith shall be vested in said board as
7 the agency of and for the use and benefit of the said states
8 and the citizens thereof, and all such educational
9 institutions shall be operated, maintained and financed in the
10 manner herein set out, subject to any provisions or
11 limitations which may be contained in the legislative acts of
12 the states authorizing the creation, establishment and
13 operation of such educational institutions.
14 In addition to the power and authority heretofore
15 granted, the board shall have the power to enter into such
16 agreements or arrangements with any of the states and with
17 educational institutions or agencies, as may be required in
18 the judgment of the board, to provide adequate services and
19 facilities for the graduate, professional, and technical
20 education for the benefit of the citizens of the respective
21 states residing within the region, and such additional and
22 general power and authority as may be vested in the board from
23 time to time by legislative enactment of the said states.
24 Any two or more states who are parties of this compact
25 shall have the right to enter into supplemental agreements
26 providing for the establishment, financing and operation of
27 regional educational institutions for the benefit of citizens
28 residing within an area which constitutes a portion of the
29 general region herein created, such institutions to be
30 financed exclusively by such states and to be controlled
31 exclusively by the members of the board representing such
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1 states provided such agreement is submitted to and approved by
2 the board prior to the establishment of such institutions.
3 Each state agrees that, when authorized by the
4 legislature, it will from time to time make available and pay
5 over to said board such funds as may be required for the
6 establishment, acquisition, operation and maintenance of such
7 regional educational institutions as may be authorized by the
8 states under the terms of this compact, the contribution of
9 each state at all times to be in the proportion that its
10 population bears to the total combined population of the
11 states who are parties hereto as shown from time to time by
12 the most recent official published report of the bureau of the
13 census of the United States of America; or upon such other
14 basis as may be agreed upon.
15 This compact shall not take effect or be binding upon
16 any state unless and until it shall be approved by proper
17 legislative action of as many as six or more of the states
18 whose governors have subscribed hereto within a period of
19 eighteen months from the date hereof. When and if six or more
20 states shall have given legislative approval to this compact
21 within said eighteen months period, it shall be and become
22 binding upon such six or more states sixty days after the date
23 of legislative approval by the sixth state and the governors
24 of such six or more states shall forthwith name the members of
25 the board from their states as hereinabove set out, and the
26 board shall then meet on call of the governor of any state
27 approving this compact, at which time the board shall elect
28 officers, adopt bylaws, appoint committees and otherwise fully
29 organize. Other states whose names are subscribed hereto
30 shall thereafter become parties hereto upon approval of this
31 compact by legislative action within two years from the date
29
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1 hereof, upon such conditions as may be agreed upon at the
2 time. Provided, however, that with respect to any state whose
3 constitution may require amendment in order to permit
4 legislative approval of the compact, such state or states
5 shall become parties hereto upon approval of this compact by
6 legislative action within seven years from the date hereof,
7 upon such conditions as may be agreed upon at the time.
8 After becoming effective this compact shall thereafter
9 continue without limitation of time; provided, however, that
10 it may be terminated at any time by unanimous action of the
11 states and provided further that any state may withdraw from
12 this compact if such withdrawal is approved by its
13 legislature, such withdrawal to become effective two years
14 after written notice thereof to the board accompanied by a
15 certified copy of the requisite legislative action, but such
16 withdrawal shall not relieve the withdrawing state from its
17 obligations hereunder accruing up to the effective date of
18 such withdrawal. Any state so withdrawing shall ipso facto
19 cease to have any claim to or ownership of any of the property
20 held or vested in the board or to any of the funds of the
21 board held under the terms of this compact.
22 If any state shall at any time become in default in the
23 performance of any of its obligations assumed herein or with
24 respect to any obligation imposed upon said state as
25 authorized by and in compliance with the terms and provisions
26 of this compact, all rights, privileges and benefits of such
27 defaulting state, its members on the board and its citizens
28 shall ipso facto be and become suspended from and after the
29 date of such default. Unless such default shall be remedied
30 and made good within a period of one year immediately
31 following the date of such default this compact may be
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1 terminated with respect to such defaulting state by an
2 affirmative vote of three-fourths of the members of the board
3 (exclusive of the members representing the state in default),
4 from and after which time such state shall cease to be a party
5 to this compact and shall have no further claim to or
6 ownership of any of the property held by or vested in the
7 board or to any of the funds of the board held under the terms
8 of this compact, but such termination shall in no manner
9 release such defaulting state from any accrued obligation or
10 otherwise affect this compact or the rights, duties,
11 privileges or obligations of the remaining states thereunder.
12 IN WITNESS WHEREOF this compact has been approved and
13 signed by governors of the several states, subject to the
14 approval of their respective legislatures in the manner
15 hereinabove set out, as of the 8th day of February, 1948.
16 STATE OF FLORIDA BY Millard F. Caldwell, Governor.
17 STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor. STATE
18 OF GEORGIA BY M. E. Thompson, Governor. STATE OF LOUISIANA
19 BY J. H. Davis, Governor. STATE OF ALABAMA BY James E.
20 Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,
21 Governor. STATE OF TENNESSEE BY Jim McCord, Governor. STATE
22 OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA
23 BY Wm. M. Tuck, Governor. STATE OF NORTH CAROLINA BY R. Gregg
24 Cherry, Governor. STATE OF SOUTH CAROLINA BY J. Strom
25 Thurmond, Governor. STATE OF TEXAS BY Beauford H. Jester,
26 Governor. STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE
27 OF WEST VIRGINIA BY Clarence W. Meadows, Governor.
28
29 be and the same is hereby approved and the State of Florida is
30 hereby declared to be a party to said compact and the
31
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1 agreements, covenants and obligations contained therein are
2 hereby declared to be binding upon the State of Florida.
3 Section 14. Section 1000.33, Florida Statutes, is
4 created to read:
5 1000.33 Copies to other states approving.--After the
6 effective date of this law the Secretary of State of Florida
7 shall furnish to each of the states approving the said compact
8 an engrossed copy of this bill.
9 Section 15. Section 1000.34, Florida Statutes, is
10 created to read:
11 1000.34 Member jurisdictions.--The compact for
12 education is entered into with all jurisdictions legally
13 joining therein and enacted into law in the following form:
14
15 COMPACT FOR EDUCATION
16
17 ARTICLE I
18
19 PURPOSE AND POLICY.--
20 A. It is the purpose of this compact to:
21 1. Establish and maintain close cooperation and
22 understanding among executive, legislative, professional
23 educational and lay leadership on a nationwide basis at the
24 state and local levels.
25 2. Provide a forum for the discussion, development,
26 crystallization and recommendation of public policy
27 alternatives in the field of education.
28 3. Provide a clearinghouse of information on matters
29 relating to educational problems and how they are being met in
30 different places throughout the nation, so that the executive
31 and legislative branches of state government and of local
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1 communities may have ready access to the experience and record
2 of the entire country, and so that both lay and professional
3 groups in the field of education may have additional avenues
4 for the sharing of experience and the interchange of ideas in
5 the formation of public policy in education.
6 4. Facilitate the improvement of state and local
7 educational systems so that all of them will be able to meet
8 adequate and desirable goals in a society which requires
9 continuous qualitative and quantitative advance in educational
10 opportunities, methods and facilities.
11 B. It is the policy of this compact to encourage and
12 promote local and state initiative in the development,
13 maintenance, improvement and administration of educational
14 systems and institutions in a manner which will accord with
15 the needs and advantages of diversity among localities and
16 states.
17 C. The party states recognize that each of them has an
18 interest in the quality and quantity of education furnished in
19 each of the other states, as well as in the excellence of its
20 own educational systems and institutions, because of the
21 highly mobile character of individuals within the nation, and
22 because the products and services contributing to the health,
23 welfare and economic advancement of each state are supplied in
24 significant part by persons educated in other states.
25
26 ARTICLE II
27
28 STATE DEFINED.--
29 As used in this compact, "state" means a state,
30 territory, or possession of the United States, the District of
31 Columbia, or the Commonwealth of Puerto Rico.
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1
2 ARTICLE III
3
4 THE COMMISSION.--
5 A. The Education Commission of the States, hereinafter
6 called "the commission," is hereby established. The
7 commission shall consist of seven members representing each
8 party state. One of such members representing Florida shall
9 be the governor; two shall be members of the state senate
10 appointed by the president; two shall be members of the house
11 of representatives appointed by the speaker; and two shall be
12 appointed by and serve at the pleasure of the governor. The
13 guiding principle for the composition of the membership on the
14 commission shall be that the members, by virtue of their
15 training, experience, knowledge or affiliations be in a
16 position collectively to reflect broadly the interests of the
17 state government, higher education, the state education
18 system, local education, lay and professional, public and
19 nonpublic educational leadership. Of those appointees, one
20 shall be the head of a state agency or institution, designated
21 by the governor, having responsibility for one or more
22 programs of public education. In addition to the members of
23 the commission representing the party states, there may be not
24 to exceed ten nonvoting commissioners selected by the steering
25 committee for terms of one year. Such commissioners shall
26 represent leading national organizations of professional
27 educators or persons concerned with educational
28 administration.
29 B. The members of the commission shall be entitled to
30 one vote each on the commission. No action of the commission
31 shall be binding unless taken at a meeting at which a majority
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1 of the total number of votes on the commission are cast in
2 favor thereof. Action of the commission shall be only at a
3 meeting at which a majority of the commissioners are present.
4 The commission shall meet at least once a year. In its
5 bylaws, and subject to such directions and limitations as may
6 be contained therein, the commission may delegate the exercise
7 of any of its powers to the steering committee or the
8 executive director, except for the power to approve budgets or
9 requests for appropriations, the power to make policy
10 recommendations pursuant to Article IV and adoption of the
11 annual report pursuant to Article III, J.
12 C. The commission shall have a seal.
13 D. The commission shall elect annually, from among its
14 members, a chair, who shall be a governor, a vice chair and a
15 treasurer. The commission shall provide for the appointment
16 of an executive director. Such executive director shall serve
17 at the pleasure of the commission, and, together with the
18 treasurer and such other personnel as the commission may deem
19 appropriate, shall be bonded in such amount as the commission
20 shall determine. The executive director shall be secretary.
21 E. Irrespective of the civil service, personnel or
22 other merit system laws of any of the party states, the
23 executive director, subject to the approval of the steering
24 committee, shall appoint, remove or discharge such personnel
25 as may be necessary for the performance of the functions of
26 the commission, and shall fix the duties and compensation of
27 such personnel. The commission in its bylaws shall provide
28 for the personnel policies and programs of the commission.
29 F. The commission may borrow, accept or contract for
30 the services of personnel from any party jurisdiction, the
31 United States, or any subdivision or agency of the
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1 aforementioned governments, or from any agency of two or more
2 of the party jurisdictions or their subdivisions.
3 G. The commission may accept for any of its purposes
4 and functions under this compact any and all donations and
5 grants of money, equipment, supplies, materials and services,
6 conditional or otherwise, from any state, the United States,
7 or any other governmental agency, or from any person, firm,
8 association, foundation, or corporation, and may receive,
9 utilize and dispose of the same. Any donation or grant
10 accepted by the commission pursuant to this paragraph or
11 services borrowed pursuant to paragraph F of this Article
12 shall be reported in the annual report of the commission.
13 Such report shall include the nature, amount and conditions,
14 if any, of the donation, grant, or services borrowed, and the
15 identity of the donor or lender.
16 H. The commission may establish and maintain such
17 facilities as may be necessary for the transacting of its
18 business. The commission may acquire, hold, and convey real
19 and personal property and any interest therein.
20 I. The commission shall adopt bylaws for the conduct
21 of its business and shall have the power to amend and rescind
22 these bylaws. The commission shall publish its bylaws in
23 convenient form and shall file a copy thereof and a copy of
24 any amendment thereto, with the appropriate agency or officer
25 in each of the party states.
26 J. The commission annually shall make to the governor
27 and legislature of each party state a report covering the
28 activities of the commission for the preceding year. The
29 commission may make such additional reports as it may deem
30 desirable.
31
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1 ARTICLE IV
2
3 POWERS.--
4 In addition to authority conferred on the commission by
5 other provisions of the compact, the commission shall have
6 authority to:
7 1. Collect, correlate, analyze and interpret
8 information and data concerning educational needs and
9 resources.
10 2. Encourage and foster research in all aspects of
11 education, but with special reference to the desirable scope
12 of instruction, organization, administration, and
13 instructional methods and standards employed or suitable for
14 employment in public educational systems.
15 3. Develop proposals for adequate financing of
16 education as a whole and at each of its many levels.
17 4. Conduct or participate in research of the types
18 referred to in this article in any instance where the
19 commission finds that such research is necessary for the
20 advancement of the purposes and policies of this compact,
21 utilizing fully the resources of national associations,
22 regional compact organizations for higher education, and other
23 agencies and institutions, both public and private.
24 5. Formulate suggested policies and plans for the
25 improvement of public education as a whole, or for any segment
26 thereof, and make recommendations with respect thereto
27 available to the appropriate governmental units, agencies and
28 public officials.
29 6. Do such other things as may be necessary or
30 incidental to the administration of any of its authority or
31 functions pursuant to this compact.
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1
2 ARTICLE V
3
4 COOPERATION WITH FEDERAL GOVERNMENT.--
5 A. If the laws of the United States specifically so
6 provide, or if administrative provision is made therefor
7 within the federal government, the United States may be
8 represented on the commission by not to exceed ten
9 representatives. Any such representative or representatives
10 of the United States shall be appointed and serve in such
11 manner as may be provided by or pursuant to federal law, and
12 may be drawn from any one or more branches of the federal
13 government, but no such representative shall have a vote on
14 the commission.
15 B. The commission may provide information and make
16 recommendations to any executive or legislative agency or
17 officer of the federal government concerning the common
18 educational policies of the states, and may advise with any
19 such agencies or officers concerning any matter of mutual
20 interest.
21
22 ARTICLE VI
23
24 COMMITTEES.--
25 A. To assist in the expeditious conduct of its
26 business when the full commission is not meeting, the
27 commission shall elect a steering committee of thirty-two
28 members which, subject to the provisions of this compact and
29 consistent with the policies of the commission, shall be
30 constituted and function as provided in the bylaws of the
31 commission. One-fourth of the voting membership of the
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1 steering committee shall consist of governors, one-fourth
2 shall consist of legislators, and the remainder shall consist
3 of other members of the commission. A federal representative
4 on the commission may serve with the steering committee, but
5 without vote. The voting members of the steering committee
6 shall serve for terms of two years, except that members
7 elected to the first steering committee of the commission
8 shall be elected as follows: sixteen for one year and sixteen
9 for two years. The chair, vice chair, and treasurer of the
10 commission shall be members of the steering committee and,
11 anything in this paragraph to the contrary notwithstanding,
12 shall serve during their continuance in these offices.
13 Vacancies in the steering committee shall not affect its
14 authority to act, but the commission at its next regularly
15 ensuing meeting following the occurrence of any vacancy shall
16 fill it for the unexpired term. No person shall serve more
17 than two terms as a member of the steering committee; provided
18 that service for a partial term of one year or less shall not
19 be counted toward the two term limitations.
20 B. The commission may establish advisory and technical
21 committees composed of state, local, and federal officials,
22 and private persons to advise it with respect to any one or
23 more of its functions. Any advisory or technical committee
24 may, on request of the states concerned, be established to
25 consider any matter of special concern to two or more of the
26 party states.
27 C. The commission may establish such additional
28 committees as its bylaws may provide.
29
30 ARTICLE VII
31
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1 FINANCE.--
2 A. The commission shall advise the governor or
3 designated officer or officers of each party state of its
4 budget and estimated expenditures for such period as may be
5 required by the laws of that party state. Each of the
6 commission's budgets of estimated expenditures shall contain
7 specific recommendations of the amount or amounts to be
8 appropriated by each of the party states.
9 B. The total amount of appropriation requests under
10 any budget shall be apportioned among the party states. In
11 making such apportionment, the commission shall devise and
12 employ a formula which takes equitable account of the
13 populations and per capita income levels of the party states.
14 C. The commission shall not pledge the credit of any
15 party states. The commission may meet any of its obligations
16 in whole or in part with funds available to it pursuant to
17 Article III, G of this compact, provided that the commission
18 takes specific action setting aside such funds prior to
19 incurring an obligation to be met in whole or in part in such
20 manner. Except where the commission makes use of funds
21 available to it pursuant to Article III, G thereof, the
22 commission shall not incur any obligation prior to the
23 allotment of funds by the party states adequate to meet the
24 same.
25 D. The commission shall keep accurate accounts of all
26 receipts and disbursements. The receipts and disbursements of
27 the commission shall be subject to the audit and accounting
28 procedures established by its bylaws. However, all receipts
29 and disbursements of funds handled by the commission shall be
30 audited yearly by a qualified public accountant, and the
31
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1 report of the audit shall be included in and become part of
2 the annual reports of the commission.
3 E. The accounts of the commission shall be open at any
4 reasonable time for inspection by duly constituted officers of
5 the party states and by any persons authorized by the
6 commission.
7 F. Nothing contained herein shall be construed to
8 prevent commission compliance with laws relating to audit or
9 inspection of accounts by or on behalf of any government
10 contributing to the support of the commission.
11
12 ARTICLE VIII
13
14 ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--
15 A. This compact shall have as eligible parties all
16 states, territories, and possessions of the United States, the
17 District of Columbia, and the Commonwealth of Puerto Rico. In
18 respect of any such jurisdiction not having a governor, the
19 term "governor," as used in this compact, shall mean the
20 closest equivalent official of such jurisdiction.
21 B. Any state or other eligible jurisdiction may enter
22 into this compact and it shall become binding thereon when it
23 has adopted the same; provided that in order to enter into
24 initial effect, adoption by at least ten eligible party
25 jurisdictions shall be required.
26 C. Adoption of the compact may be either by enactment
27 thereof or by adherence thereto by the governor; provided that
28 in the absence of enactment, adherence by the governor shall
29 be sufficient to make his or her state a party only until
30 December 31, 1967. During any period when a state is
31 participating in this compact through gubernatorial action,
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1 the governor shall appoint those persons who, in addition to
2 himself or herself, shall serve as the members of the
3 commission from his or her state, and shall provide to the
4 commission an equitable share of the financial support of the
5 commission from any source available to him or her.
6 D. Except for a withdrawal effective on December 31,
7 1967, in accordance with paragraph C of this article, any
8 party state may withdraw from this compact by enacting a
9 statute repealing the same, but no such withdrawal shall take
10 effect until one year after the governor of the withdrawing
11 state has given notice in writing of the withdrawal to the
12 governors of all other party states. No withdrawal shall
13 affect any liability already incurred by or chargeable to a
14 party state prior to the time of such withdrawal.
15
16 ARTICLE IX
17
18 CONSTRUCTION AND SEVERABILITY.--
19 This compact shall be liberally construed so as to
20 effectuate the purposes thereof. The provisions of this
21 compact shall be severable, and if any phrase, clause,
22 sentence or provision of this compact is declared to be
23 contrary to the constitution of any state or of the United
24 States, or the application thereof to any government, agency,
25 person or circumstance is held invalid, the validity of the
26 remainder of this compact and the applicability thereof to any
27 government, agency, person or circumstance shall not be
28 affected thereby. If this compact shall be held contrary to
29 the constitution of any state participating therein, the
30 compact shall remain in full force and effect as to the state
31 affected as to all severable matters.
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1 Section 16. Chapter 1001, Florida Statutes, shall be
2 entitled "K-20 Governance" and shall consist of ss.
3 1001.01-1001.75.
4 Section 17. Part I of chapter 1001, Florida Statutes,
5 shall be entitled "State-Level Governance" and shall consist
6 of ss. 1001.01-1001.28.
7 Section 18. Part I.a. of chapter 1001, Florida
8 Statutes, shall be entitled "State Board of Education" and
9 shall consist of ss. 1001.01-1001.03.
10 Section 19. Section 1001.01, Florida Statutes, is
11 created to read:
12 1001.01 State Board of Education generally.--
13 (1) The State Board of Education is established as a
14 body corporate. The state board shall be a citizen board
15 consisting of seven members who are residents of the state
16 appointed by the Governor to staggered 4-year terms, subject
17 to confirmation by the Senate. Members of the state board
18 shall serve without compensation but shall be entitled to
19 reimbursement of travel and per diem expenses in accordance
20 with s. 112.061. Members may be reappointed by the Governor
21 for additional terms not to exceed 8 years of consecutive
22 service.
23 (2) The State Board of Education shall select a chair
24 and a vice chair from its appointed members. The chair shall
25 serve a 2-year term and may be reselected for one additional
26 consecutive term.
27 (3) Four members of the State Board of Education shall
28 constitute a quorum. No business may be transacted at any
29 meeting unless a quorum is present.
30 Section 20. Section 1001.02, Florida Statutes, is
31 created to read:
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1 1001.02 General powers of State Board of Education.--
2 (1) The State Board of Education is the chief
3 implementing and coordinating body of public education in
4 Florida, and it shall focus on high-level policy decisions. It
5 has authority to adopt rules pursuant to ss. 120.536(1) and
6 120.54 to implement the provisions of law conferring duties
7 upon it for the improvement of the state system of K-20 public
8 education. Except as otherwise provided herein, it may, as it
9 finds appropriate, delegate its general powers to the
10 Commissioner of Education or the directors of the divisions of
11 the department.
12 (2) The State Board of Education has the following
13 duties:
14 (a) To adopt comprehensive educational objectives for
15 public education.
16 (b) To adopt comprehensive long-range plans and
17 short-range programs for the development of the state system
18 of public education.
19 (c) To exercise general supervision over the divisions
20 of the Department of Education as necessary to ensure
21 coordination of educational plans and programs and resolve
22 controversies and to minimize problems of articulation and
23 student transfers, to ensure that students moving from one
24 level of education to the next have acquired competencies
25 necessary for satisfactory performance at that level, and to
26 ensure maximum utilization of facilities.
27 (d) To adopt for state universities and community
28 colleges, and from time to time modify, minimum and uniform
29 standards of college-level communication and computation
30 skills generally associated with successful performance and
31 progression through the baccalaureate level and to identify
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1 college-preparatory high school coursework and
2 postsecondary-level coursework that prepares students with the
3 academic skills necessary to succeed in postsecondary
4 education.
5 (e) To adopt and submit to the Governor and
6 Legislature, on or before September 1 of each year, a
7 coordinated K-20 education budget that estimates the
8 expenditure requirements for the State Board of Education,
9 including the Department of Education, the Commissioner of
10 Education, and all of the boards, institutions, agencies, and
11 services under the general supervision of the State Board of
12 Education for the ensuing fiscal year. Any program recommended
13 by the State Board of Education which will require increases
14 in state funding for more than 1 year must be presented in a
15 multiyear budget plan.
16 (f) To hold meetings, transact business, keep records,
17 adopt a seal, and perform such other duties as may be
18 necessary for the enforcement of all laws and rules relating
19 to the state system of public education.
20 (g) To approve plans for cooperating with the Federal
21 Government.
22 (h) To approve plans for cooperating with other public
23 agencies in the development of rules and in the enforcement of
24 laws for which the state board and such agencies are jointly
25 responsible.
26 (i) To review plans for cooperating with appropriate
27 nonpublic agencies for the improvement of conditions relating
28 to the welfare of schools.
29 (j) To create such subordinate advisory bodies as are
30 required by law or as it finds necessary for the improvement
31 of education.
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1 (k) To constitute any education bodies or other
2 structures as required by federal law.
3 (l) To assist in the economic development of the state
4 by developing a state-level planning process to identify
5 future training needs for industry, especially high-technology
6 industry.
7 (m) To assist in the planning and economic development
8 of the state by establishing a clearinghouse for information
9 on educational programs of value to economic development.
10 (n) To adopt cohesive rules pursuant to ss. 120.536(1)
11 and 120.54, within statutory authority, for education
12 systemwide issues.
13 (o) To authorize the allocation of resources in
14 accordance with law and rule.
15 (p) To contract with independent institutions
16 accredited by an agency whose standards are comparable to the
17 minimum standards required to operate a postsecondary
18 educational institution at that level in the state. The
19 purpose of the contract is to provide those educational
20 programs and facilities which will meet needs unfulfilled by
21 the state system of public postsecondary education.
22 (q) To recommend that a district school board take
23 action consistent with the state board's decision relating to
24 an appeal of a charter school application.
25 (r) To enforce systemwide education goals and
26 policies.
27 (s) To establish a detailed procedure for the
28 implementation and operation of a systemwide K-20 technology
29 plan that is based on a common set of data definitions.
30 (t) To establish accountability standards for existing
31 legislative performance goals, standards, and measures, and
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1 order the development of mechanisms to implement new
2 legislative goals, standards, and measures.
3 (u) To adopt criteria and implementation plans for
4 future growth issues, such as new colleges and universities
5 and campus mergers, and to provide for cooperative agreements
6 between and within public and private education sectors.
7 (v) To develop, and periodically review for
8 adjustment, a coordinated 5-year plan for postsecondary
9 enrollment and annually submit the plan to the Legislature.
10 (w) To approve a new program at the professional level
11 or doctoral level, if:
12 1. The university has taken into account the need and
13 demand for the program, the university's mission, and similar
14 program offerings by public and nonpublic counterparts.
15 2. The addition of the program will not alter the
16 university's emphasis on undergraduate education.
17 (x) To review, and approve or disapprove, degree
18 programs identified as unique pursuant to s. 1007.25.
19 (y) To recommend to the Legislature a plan for
20 implementing block tuition programs and providing other
21 incentives to encourage students to graduate within 4 years.
22 (3) The State Board of Education shall adopt rules to
23 establish the criteria for assigning, reviewing, and removing
24 limited-access status to an educational program. The State
25 Board of Education shall monitor the extent of limited-access
26 programs within the state universities and report to the
27 Legislature admissions and enrollment data for limited-access
28 programs. Such report shall be submitted annually by December
29 1 and shall assist in determining the potential need for
30 academic program contracts with independent institutions
31 pursuant to paragraph (2)(p). The report must specify, for
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1 each limited-access program within each institution, the
2 following categories, by race and gender:
3 (a) The number of applicants.
4 (b) The number of applicants granted admission.
5 (c) The number of applicants who are granted admission
6 and enroll.
7 (d) The number of applicants denied admission.
8 (e) The number of applicants neither granted admission
9 nor denied admission.
10
11 Each category must be reported for each term. Each category
12 must be reported by type of student, including the following
13 subcategories: native students, community college associate in
14 arts degree transfer students, and other students. Each
15 category and subcategory must further be reported according to
16 the number of students who meet or exceed the minimum
17 eligibility requirements for admission to the program and the
18 number of students who do not meet or exceed the minimum
19 eligibility requirements for admission to the program.
20 (4) The State Board of Education shall review, and
21 approve or disapprove, baccalaureate-degree programs that
22 exceed 120 semester hours, after considering accreditation
23 requirements, employment and earnings of graduates,
24 comparative program lengths nationally, and comparisons with
25 similar programs offered by independent institutions. By
26 December 31 of each year, the State Board of Education must
27 report to the Legislature any degrees in the state
28 universities that require more than 120 hours, along with
29 appropriate evidence of need. At least every 5 years, the
30 State Board of Education must determine whether the programs
31 still require more than the standard length of 120 hours.
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1 (5)(a) The State Board of Education shall adopt a
2 systemwide strategic plan that specifies goals and objectives
3 for the state universities and community colleges. In
4 developing this plan, the State Board of Education shall
5 consider the role of individual public and independent
6 institutions within the state. The plan shall provide for the
7 roles of the universities and community colleges to be
8 coordinated to best meet state needs and reflect
9 cost-effective use of state resources. The strategic plan must
10 clarify mission statements and identify degree programs to be
11 offered at each university and community college in accordance
12 with the objectives provided in this subsection. The
13 systemwide strategic plan must cover a period of 5 years, with
14 modification of the program lists after 2 years. Development
15 of each 5-year plan must be coordinated with and initiated
16 after completion of the master plan. The systemwide and
17 university and community college strategic plans must
18 specifically include programs and procedures for responding to
19 the educational needs of teachers and students in the public
20 schools of this state. The state board shall submit a report
21 to the President of the Senate and the Speaker of the House of
22 Representatives upon modification of the system plan.
23 (b) The State Board of Education shall develop
24 long-range plans and annual reports for financial aid in this
25 state. The long-range plans shall establish goals and
26 objectives for a comprehensive program of financial aid for
27 Florida students and shall be updated every 5 years. The
28 annual report shall include an assessment of progress made in
29 achieving goals and objectives established in the long-range
30 plans and recommendations for repealing or modifying existing
31 financial aid programs or establishing new programs. A
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1 long-range plan shall be submitted by January 1, 2004, and
2 every 5 years thereafter. An annual report shall be submitted
3 on January 1, 2004, and in each successive year that a
4 long-range plan is not submitted, to the President of the
5 Senate and the Speaker of the House of Representatives.
6 (6) The State Board of Education shall coordinate the
7 programs with the Council for Education Policy Research and
8 Improvement, including doctoral programs. The programs shall
9 be reviewed every 5 years or whenever the state board
10 determines that the effectiveness or efficiency of a program
11 is jeopardized. The State Board of Education shall define the
12 indicators of quality and the criteria for program review for
13 every program. Such indicators include need, student demand,
14 industry-driven competencies for advanced technology and
15 related programs, and resources available to support
16 continuation. The results of the program reviews must be tied
17 to the university and community college budget requests.
18 (7) The State Board of Education shall:
19 (a) Provide for each community college to offer
20 educational training and service programs designed to meet the
21 needs of both students and the communities served.
22 (b) Specify, by rule, procedures to be used by the
23 boards of trustees in the annual evaluations of presidents and
24 review the evaluations of presidents by the boards of
25 trustees.
26 (c) Establish an effective information system that
27 will provide composite data concerning the community colleges
28 and state universities and ensure that special analyses and
29 studies concerning the institutions are conducted, as
30 necessary, for provision of accurate and cost-effective
31 information concerning the institutions.
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1 (d) Establish criteria for making recommendations for
2 modifying district boundary lines for community colleges.
3 (e) Establish criteria for making recommendations
4 concerning all proposals for the establishment of additional
5 centers or campuses for community colleges and state
6 universities.
7 (f) Examine the annual administrative review of each
8 community college and state university.
9 (g) Specify, by rule, the degree program courses that
10 may be taken by students concurrently enrolled in
11 college-preparatory instruction.
12 (h) Adopt and submit to the Legislature a 3-year list
13 of priorities for fixed-capital-outlay projects.
14 (8) The State Board of Education is responsible for
15 reviewing and administering the state program of support for
16 the community colleges and, subject to existing law, shall
17 establish the tuition and out-of-state fees for
18 college-preparatory instruction and for credit instruction
19 that may be counted toward an associate in arts degree, an
20 associate in applied science degree, or an associate in
21 science degree.
22 (9) The State Board of Education shall prescribe
23 minimum standards, definitions, and guidelines for community
24 colleges and state universities that will ensure the quality
25 of education, coordination among the community colleges and
26 state universities, and efficient progress toward
27 accomplishing the community college and state university
28 mission. At a minimum, these rules must address:
29 (a) Personnel.
30 (b) Contracting.
31
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1 (c) Program offerings and classification, including
2 college-level communication and computation skills associated
3 with successful performance in college and with tests and
4 other assessment procedures that measure student achievement
5 of those skills. The performance measures must provide that
6 students moving from one level of education to the next
7 acquire the necessary competencies for that level.
8 (d) Provisions for curriculum development, graduation
9 requirements, college calendars, and program service areas.
10 These provisions must include rules that:
11 1. Provide for the award of an associate in arts
12 degree to a student who successfully completes 60 semester
13 credit hours at the community college.
14 2. Require all of the credits accepted for the
15 associate in arts degree to be in the statewide course
16 numbering system as credits towards a baccalaureate degree
17 offered by a state university.
18 3. Require no more than 36 semester credit hours in
19 general education courses in the subject areas of
20 communication, mathematics, social sciences, humanities, and
21 natural sciences.
22
23 The rules should encourage community colleges to enter into
24 agreements with state universities that allow community
25 college students to complete upper-division-level courses at a
26 community college. An agreement may provide for concurrent
27 enrollment at the community college and the state university
28 and may authorize the community college to offer an
29 upper-division-level course or distance learning.
30 (e) Student admissions, conduct and discipline,
31 nonclassroom activities, and fees.
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1 (f) Budgeting.
2 (g) Business and financial matters.
3 (h) Student services.
4 (i) Reports, surveys, and information systems,
5 including forms and dates of submission.
6 Section 21. Section 1001.03, Florida Statutes, is
7 created to read:
8 1001.03 Specific powers of State Board of Education.--
9 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
10 State Board of Education shall approve the student performance
11 standards known as the Sunshine State Standards in key
12 academic subject areas and grade levels.
13 (2) DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF
14 EDUCATION.--The State Board of Education shall govern issues
15 relating to use of property, facilities, and personal services
16 between the Department of Education and its direct-support
17 organization and shall certify that the organization operates
18 at all times in a manner consistent with the goals and best
19 interest of the department, pursuant to s. 1001.24.
20 (3) PROFESSIONAL CERTIFICATES.--The State Board of
21 Education shall classify school services, designate the
22 certification subject areas, establish competencies, including
23 the use of technology to enhance student learning, and
24 certification requirements for all school-based personnel, and
25 prescribe rules in accordance with which the professional,
26 temporary, and part-time certificates shall be issued by the
27 Department of Education to applicants who meet the standards
28 prescribed by such rules for their class of service, as
29 described in chapter 1012.
30 (4) PROFESSIONAL TEACHER ASSOCIATIONS.--The State
31 Board of Education shall ensure that not-for-profit,
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1 professional teacher associations that offer membership to all
2 teachers, noninstructional personnel, and administrators, and
3 that offer teacher training and staff development at no fee to
4 the district, shall be given equal access to voluntary teacher
5 meetings, be provided access to teacher mailboxes for
6 distribution of professional literature, and be authorized to
7 collect voluntary membership fees through payroll deduction.
8 (5) IDENTIFICATION OF CRITICAL TEACHER SHORTAGE
9 AREAS.--The State Board of Education shall identify critical
10 teacher shortage areas pursuant to s. 1012.07.
11 (6) CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX
12 ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of
13 Education shall issue bonds and approve resolutions regarding
14 the expenditure of funds for capital projects and purposes
15 pursuant to the State Constitution and other applicable law.
16 (7) ARTICULATION ACCOUNTABILITY.--The State Board of
17 Education shall develop articulation accountability measures
18 that assess the status of systemwide articulation processes,
19 and shall establish an articulation accountability process in
20 accordance with the provisions of chapter 1008.
21 (8) SYSTEMWIDE ENFORCEMENT.--The State Board of
22 Education shall enforce compliance with law and state board
23 rule by all school districts and public postsecondary
24 educational institutions, in accordance with the provisions of
25 s. 1008.32.
26 (9) MANAGEMENT INFORMATION DATABASES.--The State Board
27 of Education shall continue to collect and maintain, at a
28 minimum, the management information databases for state
29 universities, and all other components of the public K-20
30 education system as such databases existed on June 30, 2002.
31
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1 (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
2 EDUCATION.--The State Board of Education shall develop and
3 implement a common placement test to assess the basic
4 computation and communication skills of students who intend to
5 enter a degree program at any community college or state
6 university.
7 (11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
8 EDUCATION.--The State Board of Education shall adopt minimum
9 standards relating to nonpublic postsecondary education and
10 institutions, in accordance with the provisions of chapter
11 1005.
12 (12) COMMON POSTSECONDARY DEFINITIONS.--The State
13 Board of Education shall adopt, by rule, common definitions
14 for associate in science degrees and for certificates.
15 (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
16 PROGRAMS.--The State Board of Education shall provide for the
17 cyclic review of all academic programs in community colleges
18 and state universities at least every 7 years. Program reviews
19 shall document how individual academic programs are achieving
20 stated student learning and program objectives within the
21 context of the institution's mission. The results of the
22 program reviews shall inform strategic planning, program
23 development, and budgeting decisions at the institutional
24 level.
25 (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
26 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
27 Education shall recommend to the Legislature by February 1,
28 2003, a uniform classification system for school district
29 administrative and management personnel that will facilitate
30 the uniform coding of administrative and management personnel
31 to total district employees.
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1 Section 22. Part I.b. of chapter 1001, Florida
2 Statutes, shall be entitled "Commissioner of Education" and
3 shall consist of ss. 1001.10-1001.11.
4 Section 23. Section 1001.10, Florida Statutes, is
5 created to read:
6 1001.10 Commissioner of Education; general powers and
7 duties.--The Commissioner of Education is the chief
8 educational officer of the state, and is responsible for
9 giving full assistance to the State Board of Education in
10 enforcing compliance with the mission and goals of the
11 seamless K-20 education system. To facilitate innovative
12 practices and to allow local selection of educational methods,
13 the State Board of Education may authorize the commissioner to
14 waive, upon the request of a district school board, State
15 Board of Education rules that relate to district school
16 instruction and school operations, except those rules
17 pertaining to civil rights, and student health, safety, and
18 welfare. The Commissioner of Education is not authorized to
19 grant waivers for any provisions in rule pertaining to the
20 allocation and appropriation of state and local funds for
21 public education; the election, compensation, and organization
22 of school board members and superintendents; graduation and
23 state accountability standards; financial reporting
24 requirements; reporting of out-of-field teaching assignments
25 under s. 1012.42; public meetings; public records; or due
26 process hearings governed by chapter 120. No later than
27 January 1 of each year, the commissioner shall report to the
28 Legislature and the State Board of Education all approved
29 waiver requests in the preceding year. Additionally, the
30 commissioner has the following general powers and duties:
31
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1 (1) To appoint staff necessary to carry out his or her
2 powers and duties.
3 (2) To advise and counsel with the State Board of
4 Education on all matters pertaining to education; to recommend
5 to the State Board of Education actions and policies as, in
6 the commissioner's opinion, should be acted upon or adopted;
7 and to execute or provide for the execution of all acts and
8 policies as are approved.
9 (3) To keep such records as are necessary to set forth
10 clearly all acts and proceedings of the State Board of
11 Education.
12 (4) To have a seal for his or her office with which,
13 in connection with his or her own signature, the commissioner
14 shall authenticate true copies of decisions, acts, or
15 documents.
16 (5) To recommend to the State Board of Education
17 policies and steps designed to protect and preserve the
18 principal of the State School Fund; to provide an assured and
19 stable income from the fund; to execute such policies and
20 actions as are approved; and to administer the State School
21 Fund.
22 (6) To take action on the release of mineral rights
23 based upon the recommendations of the Board of Trustees of the
24 Internal Improvement Trust Fund.
25 (7) To submit to the State Board of Education, on or
26 before August 1 of each year, recommendations for a
27 coordinated K-20 education budget that estimates the
28 expenditures for the State Board of Education, including the
29 Department of Education, the Commissioner of Education, and
30 all of the boards, institutions, agencies, and services under
31 the general supervision of the State Board of Education for
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1 the ensuing fiscal year. Any program recommended to the State
2 Board of Education that will require increases in state
3 funding for more than 1 year must be presented in a multiyear
4 budget plan.
5 (8) To develop and implement a plan for cooperating
6 with the Federal Government in carrying out any or all phases
7 of the educational program and to recommend policies for
8 administering funds that are appropriated by Congress and
9 apportioned to the state for any or all educational purposes.
10 (9) To develop and implement policies for cooperating
11 with other public agencies in carrying out those phases of the
12 program in which such cooperation is required by law or is
13 deemed by the commissioner to be desirable and to cooperate
14 with public and nonpublic agencies in planning and bringing
15 about improvements in the educational program.
16 (10) To prepare forms and procedures as are necessary
17 to be used by district school boards and all other educational
18 agencies to assure uniformity, accuracy, and efficiency in the
19 keeping of records, the execution of contracts, the
20 preparation of budgets, or the submission of reports; and to
21 furnish at state expense, when deemed advisable by the
22 commissioner, those forms that can more economically and
23 efficiently be provided.
24 (11) To implement a program of school improvement and
25 education accountability designed to provide all students the
26 opportunity to make adequate learning gains in each year of
27 school as provided by statute and State Board of Education
28 rule based upon the achievement of the state education goals,
29 recognizing the following:
30
31
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1 (a) The State Board of Education is the body corporate
2 responsible for the supervision of the system of public
3 education.
4 (b) The district school board is responsible for
5 school and student performance.
6 (c) The individual school is the unit for education
7 accountability.
8 (d) The community college board of trustees is
9 responsible for community college performance and student
10 performance.
11 (e) The university board of trustees is responsible
12 for university performance and student performance.
13 (12) To establish a Citizen Information Center
14 responsible for the preparation, publication, and distribution
15 of materials relating to the state system of seamless K-20
16 public education.
17 (13) To prepare and publish annually reports giving
18 statistics and other useful information pertaining to the
19 Opportunity Scholarship Program.
20 (14) To have printed or electronic copies of school
21 laws, forms, instruments, instructions, and rules of the State
22 Board of Education and provide for their distribution.
23 (15) To develop criteria for use by state
24 instructional materials committees in evaluating materials
25 submitted for adoption consideration. The criteria shall, as
26 appropriate, be based on instructional expectations reflected
27 in curriculum frameworks and student performance standards.
28 The criteria for each subject or course shall be made
29 available to publishers of instructional materials pursuant to
30 the requirements of chapter 1006.
31
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1 (16) To prescribe procedures for evaluating
2 instructional materials submitted by publishers and
3 manufacturers in each adoption.
4
5 The commissioner's office shall operate all statewide
6 functions necessary to support the State Board of Education
7 and the K-20 education system, including strategic planning
8 and budget development, general administration, and assessment
9 and accountability.
10 Section 24. Section 1001.11, Florida Statutes, is
11 created to read:
12 1001.11 Commissioner of Education; other duties.--
13 (1) The Commissioner of Education must independently
14 perform the following duties:
15 (a) Cooperate with and coordinate responses to
16 requests from the members of the Legislature.
17 (b) Serve as the primary source of information to the
18 Legislature, including the President of the Senate and the
19 Speaker of the House of Representatives, concerning the State
20 Board of Education and the K-20 education system.
21 (c) Develop and implement a process for receiving and
22 processing requests, in conjunction with the Legislature, for
23 the allocation of PECO funds for qualified postsecondary
24 education projects.
25 (d) Integrally work with the boards of trustees of the
26 state universities and community colleges.
27 (e) Monitor the activities of the State Board of
28 Education and provide information related to current and
29 pending policies to the members of the boards of trustees of
30 the community colleges and state universities.
31
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1 (f) Ensure the timely provision of information
2 requested by the Legislature from the State Board of
3 Education, the commissioner's office, and the Department of
4 Education.
5 (2)(a) The Commissioner of Education shall recommend
6 to the State Board of Education performance goals addressing
7 the educational needs of the state for the K-20 education
8 system. The Council for Education Policy Research and
9 Improvement, as an independent entity, shall develop a report
10 card assigning grades to indicate Florida's progress toward
11 meeting those goals. The annual report card shall contain
12 information showing Florida's performance relative to other
13 states on selected measures, as well as Florida's ability to
14 meet the need for postsecondary degrees and programs and how
15 well the Legislature has provided resources to meet this need.
16 The information shall include the results of the National
17 Assessment of Educational Progress or a similar national
18 assessment program administered to students in Florida. By
19 January 1 of each year, the Council for Education Policy
20 Research and Improvement shall submit the report card to the
21 Legislature, the Governor, and the public.
22 (b) Prior to the regular legislative session, the
23 Commissioner of Education shall present to the Legislature a
24 plan for correcting any deficiencies identified in the report
25 card.
26 (3) Notwithstanding any other provision of law to the
27 contrary, the Commissioner of Education, in conjunction with
28 the Legislature, must recommend funding priorities for the
29 distribution of capital outlay funds for public postsecondary
30 educational institutions, based on priorities that include,
31 but are not limited to, the following criteria:
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1 (a) Growth at the institutions.
2 (b) Need for specific skills statewide.
3 (c) Need for maintaining and repairing existing
4 facilities.
5 (4) The commissioner shall develop and implement an
6 integrated K-20 information system for educational management
7 in accordance with the requirements of chapter 1008.
8 (5) The commissioner shall design and implement a
9 statewide program of educational assessment that provides
10 information for the improvement of the operation and
11 management of the public schools, including schools operating
12 for the purpose of providing educational services to youth in
13 Department of Juvenile Justice programs, in accordance with
14 the requirements of chapter 1008.
15 (6) The commissioner is responsible for implementing
16 and maintaining a system of intensive school improvement and
17 stringent education accountability, in accordance with the
18 requirements of chapter 1008.
19 Section 25. Part I.c. of chapter 1001, Florida
20 Statutes, shall be entitled "Department of Education" and
21 shall consist of ss. 1001.20-1001.28.
22 Section 26. Section 1001.20, Florida Statutes, is
23 created to read:
24 1001.20 Department under direction of state board.--
25 (1) The Department of Education shall be organized
26 consistently with the requirements of s. 20.15, and shall act
27 as an administrative and supervisory agency under the
28 implementation direction of the State Board of Education.
29 (2) The department is to be located in the offices of
30 the Commissioner of Education and shall assist in providing
31 professional leadership and guidance and in carrying out the
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1 policies, procedures, and duties authorized by law or by the
2 State Board of Education or found necessary by it to attain
3 the purposes and objectives of this code.
4 (3) The Department of Education shall maintain an
5 Office of the Commissioner of Education that includes the
6 general areas of operation that are common to all delivery
7 sectors, such as administration, communication, legal
8 services, financial aid, and government and public relations,
9 in order to increase efficiency, improve service delivery to
10 students, and fully support the operational needs of the State
11 Board of Education.
12 (4) The Department of Education shall establish the
13 following offices within the Office of the Commissioner of
14 Education which shall coordinate their activities with all
15 other divisions and offices:
16 (a) Office of Technology and Information
17 Services.--Responsible for developing a systemwide technology
18 plan, making budget recommendations to the commissioner,
19 providing data collection and management for the system, and
20 coordinating services with other state, local, and private
21 agencies. The office shall develop a method to address the
22 need for a statewide approach to planning and operations of
23 library and information services to achieve a single K-20
24 education system library information portal and a unified
25 higher education library management system. The Florida
26 Virtual School shall be administratively housed within the
27 office.
28 (b) Office of Workforce and Economic
29 Development.--Responsible for evaluating the role of each
30 sector of education in Florida's workforce and economic
31 development, assessing the specific work skills and variety of
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1 careers provided, and reporting to the State Board of
2 Education the effectiveness of each sector.
3 (c) Office of Educational Facilities and SMART Schools
4 Clearinghouse.--Responsible for validating all educational
5 plant surveys and verifying Florida Inventory of School Houses
6 (FISH) data. The office shall provide technical assistance to
7 public school districts when requested.
8 (d) Office of Student Financial
9 Assistance.--Responsible for providing access to and
10 administering state and federal grants, scholarships, and
11 loans to those students seeking financial assistance for
12 postsecondary study pursuant to program criteria and
13 eligibility requirements.
14 (e) Office of Inspector General.--Organized using
15 existing resources and funds and responsible for promoting
16 accountability, efficiency, and effectiveness and detecting
17 fraud and abuse within school districts, community colleges,
18 and state universities in Florida. If the Commissioner of
19 Education determines that a district school board or public
20 postsecondary educational institution board is unwilling or
21 unable to address substantiated allegations made by any person
22 relating to waste, fraud, or financial mismanagement, the
23 office shall conduct, coordinate, or request investigations
24 into substantiated allegations made by any person relating to
25 waste, fraud, or financial mismanagement within school
26 districts, community colleges, and state universities in
27 Florida. The office shall have access to all information and
28 personnel necessary to perform its duties and shall have all
29 of its current powers, duties, and responsibilities authorized
30 in s. 20.055.
31
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1 Section 27. Section 1001.21, Florida Statutes, is
2 created to read:
3 1001.21 Office of Private Schools and Home Education
4 Programs.--The state recognizes the contributions of private
5 schools and home education programs in providing alternatives
6 to public school education. These nongovernmental educational
7 systems serve the public, but are not considered to be a part
8 of the public system of education.
9 (1) The Office of Private Schools and Home Education
10 Programs is established within the Department of Education.
11 The Department of Education and the Commissioner of Education
12 have no authority over the institutions or students served by
13 the office. The office shall:
14 (a) Serve the interests of students and the parents of
15 students in private schools and home education programs.
16 (b) Serve the interests of private institutions.
17 (c) Provide general information to the public about
18 private and home education delivery systems.
19 (2) The Commissioner of Education shall appoint an
20 executive director for the office who shall:
21 (a) Serve as a source of communication between private
22 schools, home education programs, the Commissioner of
23 Education, and the State Board of Education.
24 (b) Evaluate pending policy to ensure that the policy
25 does not subject private schools and home education programs
26 to additional regulation or mandates.
27 (c) Establish a clearinghouse of information for the
28 public.
29 (d) Foster a collaborative spirit and working
30 relationship among private schools, home education programs,
31 and the public sector.
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1 (e) Identify and convey the best practices of private
2 schools and home education programs for the benefit of the
3 public and private education delivery sectors.
4 (f) Represent issues and concerns relating to home
5 education programs and private schools on all applicable ad
6 hoc advisory bodies.
7 Section 28. Section 1001.22, Florida Statutes, is
8 created to read:
9 1001.22 Commission for Independent Education.--The
10 Commission for Independent Education shall authorize granting
11 of certificates, diplomas, and degrees for independent
12 postsecondary educational institutions pursuant to chapter
13 1005.
14 Section 29. Section 1001.23, Florida Statutes, is
15 created to read:
16 1001.23 Specific powers and duties of the Department
17 of Education.--In addition to all other duties assigned to it
18 by law or by rule of the State Board of Education, the
19 department shall:
20 (1) Adopt the school readiness uniform screening
21 developed by the Florida Partnership for School Readiness, in
22 accordance with the criteria itemized in chapter 1008.
23 (2) Implement a training program to develop among
24 state and district educators a cadre of facilitators of school
25 improvement in accordance with the provisions of chapter 1008.
26 (3) Identify the needs of the state system of public
27 education as they relate to the development and production of
28 materials used in instruction, in accordance with the
29 requirements of chapter 1006.
30 (4) After complying with the provisions of s. 257.37,
31 the Department of Education may:
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1 (a) Photograph, microphotograph, or reproduce on film
2 or prints, documents, records, data, and information of a
3 permanent character and destroy any of the documents after
4 they have been photographed and after audit of the department
5 has been completed for the period embracing the dates of the
6 instruments. Photographs or microphotographs in the form of
7 film or prints made in compliance with the provisions of this
8 subsection shall have the same force and effect as the
9 originals would have, and shall be treated as originals for
10 the purpose of their admissibility in evidence. Duly certified
11 or authenticated reproductions of such photographs or
12 microphotographs shall be admitted in evidence equally with
13 the original photographs or microphotographs.
14 (b) Destroy general correspondence that is over 3
15 years old; records of bills, accounts, vouchers, and
16 requisitions that are over 5 years old and copies of which
17 have been filed with the Comptroller; and other records,
18 papers, and documents over 3 years old that do not serve as
19 part of an agreement or understanding and do not have value as
20 permanent records.
21 Section 30. Section 1001.24, Florida Statutes, is
22 created to read:
23 1001.24 Direct-support organization; use of property;
24 board of directors; audit.--
25 (1) DEFINITIONS.--For the purposes of this section,
26 the term:
27 (a) "Department of Education direct-support
28 organization" means an organization:
29 1. That is a corporation not for profit that is
30 incorporated under the provisions of chapter 617 and approved
31 by the Department of State.
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1 2. That is organized and operated exclusively to
2 receive, hold, invest, and administer property and to make
3 expenditures to or for the benefit of public prekindergarten
4 through 12th grade education in this state.
5 3. That the State Board of Education, after review,
6 has certified to be operating in a manner consistent with the
7 goals and best interest of the Department of Education.
8 (b) "Personal services" includes full-time or
9 part-time personnel, as well as payroll processing.
10 (2) USE OF PROPERTY.--The State Board of Education:
11 (a) May permit the use of property, facilities, and
12 personal services of the department by the direct-support
13 organization, subject to the provisions of this section.
14 (b) Shall prescribe by rule conditions with which the
15 direct-support organization must comply in order to use
16 property, facilities, or personal services of the department.
17 Such rules shall provide for budget and audit review and for
18 oversight by the department.
19 (c) Shall not permit the use of property, facilities,
20 or personal services of the direct-support organization if
21 such organization does not provide equal employment
22 opportunities to all persons, regardless of race, color,
23 national origin, gender, age, or religion.
24 (3) BOARD OF DIRECTORS.--The board of directors of the
25 department direct-support organization shall be appointed by
26 the commissioner and shall include representation from
27 business, industry, and other components of Florida's economy.
28 (4) ANNUAL AUDIT.--Each direct-support organization
29 shall provide for an annual financial audit in accordance with
30 s. 215.981. The identity of donors who desire to remain
31 anonymous shall be protected, and that anonymity shall be
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1 maintained in the auditor's report. All records of the
2 organization other than the auditor's report, management
3 letter, and any supplemental data requested by the Auditor
4 General and the Office of Program Policy Analysis and
5 Government Accountability shall be confidential and exempt
6 from the provisions of s. 119.07(1).
7 Section 31. Section 1001.25, Florida Statutes, is
8 created to read:
9 1001.25 Educational television.--
10 (1) ESTABLISHMENT AND UTILIZATION OF NETWORK.--The
11 department may establish a television network connecting such
12 communities or such stations as it designates. For this
13 purpose, it may lease facilities in the name of the state from
14 communications' common carriers and use such transmission
15 channels as are necessary; however, if the department decides,
16 upon investigation, that it could more economically construct
17 and maintain such transmission channels, it may design,
18 construct, operate, and maintain them, including a television
19 microwave network. The network shall be utilized primarily for
20 the instruction of students at existing and future public and
21 private educational institutions and of the general public, as
22 practical. The origination and transmission of all programs
23 over such networks shall be as directed under policies
24 approved by the State Board of Education. The department may
25 cooperate with and assist all local and state educational
26 agencies in making surveys pertaining to the use and economics
27 of educational television in the fields of primary,
28 elementary, secondary, or college level education and in the
29 field of adult education, and may assist all public agencies
30 in the planning of programs calculated to further the
31 education of the state's citizens.
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1 (2) POWERS OF DEPARTMENT.--
2 (a) The department may encourage:
3 1. The extension of educational television network
4 facilities.
5 2. The coordination of Florida's educational
6 television with that of other states and with the Federal
7 Government.
8 3. The further development of educational television
9 within the state.
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, except the state universities, which provision by
14 the department is limited by paragraph (c) and by s.
15 1006.26(1). The department shall recommend to the State Board
16 of Education rules necessary to provide such services.
17 (c) The department may provide equipment, funds, and
18 other services to extend and update both the existing and the
19 proposed educational television and radio systems of
20 tax-supported and nonprofit, corporate-owned facilities. All
21 stations funded must be qualified by the Corporation for
22 Public Broadcasting. New stations eligible for funding shall
23 provide a first service to an audience that is not currently
24 receiving a broadcast signal or provide a significant new
25 program service as defined by State Board of Education rules.
26 Funds appropriated to the department for educational
27 television and funds appropriated to the department for
28 educational radio may be used by the department for either
29 educational television or educational radio, or both.
30 (3) PROHIBITED USE, PENALTY.--
31
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1 (a) None of the facilities, plant, or personnel of any
2 educational television system that is supported in whole or in
3 part by state funds shall be used directly or indirectly for
4 the promotion, advertisement, or advancement of any political
5 candidate for any municipal, county, legislative,
6 congressional, or state office. However, fair, open, and free
7 discussion between political candidates for municipal, county,
8 legislative, congressional, or state office may be permitted
9 in order to help materially reduce the excessive cost of
10 campaigns and to ensure that the state's citizens are fully
11 informed about issues and candidates in campaigns. The
12 provisions of this paragraph apply to the advocacy for, or
13 opposition to, any specific program, existing or proposed, of
14 governmental action which includes, but is not limited to,
15 constitutional amendments, tax referenda, and bond issues. The
16 provisions of this paragraph shall be in accordance with rules
17 of the State Board of Education.
18 (b) Violation of any prohibition contained in this
19 section is a misdemeanor of the second degree, punishable as
20 provided in s. 775.082 or s. 775.083.
21 (4) DUTY OF DEPARTMENT.--The department is responsible
22 for identifying the needs of the state system of public
23 education as they relate to the development and production of
24 materials used in instruction. When such identified needs are
25 considered to be best satisfied by the production of new
26 materials, the department may commission or contract for the
27 production of such materials.
28 Section 32. Section 1001.26, Florida Statutes, is
29 created to read:
30 1001.26 Public broadcasting program system.--
31
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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 educational institutions for inclusion in the
21 network.
22 (b) Acquire by competitive sealed bid and place
23 appropriate receiving equipment in those community college
24 regions of the state in which such equipment is presently not
25 available at a public postsecondary educational institution.
26 (c) Develop an implementation plan that provides for
27 designation of a site in each community college region for
28 inclusion in the initial network. Criteria for selection
29 shall include:
30 1. Accessibility to a substantial portion of the
31 population of the region.
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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 educational institutions in the
8 region.
9 5. Availability of existing telecommunications
10 equipment which is compatible or adaptable for use in the
11 network.
12 (d) Identify additional sites for inclusion in the
13 network in the event that demand exceeds the capacity of the
14 initial network.
15 (e) Coordinate scheduling and encourage use of the
16 network.
17 (f) Develop operating procedures for the system and
18 recommend fee schedules for both public and private entities
19 wishing to transmit or receive programming through the
20 network. Scheduling procedures shall assign the highest
21 priority to educational programming.
22 (g) Provide training for institutional, state agency,
23 and other personnel in effective techniques for the use of the
24 network.
25 (h) Provide initial startup support for operations,
26 maintenance, and publicity costs of the network. Continuation
27 costs in these areas shall be recovered through user fees and
28 local resources.
29 (4) All audio components of this system that are not
30 transmitted simultaneously with video to a domestic satellite
31
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1 shall be transmitted through common carriers regulated
2 pursuant to chapter 364.
3 (5) The State Board of Education may adopt any rules
4 necessary for the implementation of this section.
5 (6) This section shall be implemented only to the
6 extent specifically authorized and funded by law.
7 Section 34. Section 1001.28, Florida Statutes, is
8 created to read:
9 1001.28 Distance learning duties.--The duties of the
10 Department of Education concerning distance learning include,
11 but are not limited to, the duty to:
12 (1) Facilitate the implementation of a statewide
13 coordinated system and resource system for cost-efficient
14 advanced telecommunications services and distance education
15 which will increase overall student access to education.
16 (2) Coordinate the use of existing resources,
17 including, but not limited to, the state's satellite
18 transponders on the education satellites, the SUNCOM Network,
19 the Florida Information Resource Network (FIRN), the
20 Department of Management Services, the Department of
21 Corrections, and the Department of Children and Family
22 Services' satellite communication facilities to support a
23 statewide advanced telecommunications services and distance
24 learning network.
25 (3) Assist in the coordination of the utilization of
26 the production and uplink capabilities available through
27 Florida's public television stations, eligible facilities,
28 independent colleges and universities, private firms, and
29 others as needed.
30 (4) Seek the assistance and cooperation of Florida's
31 cable television providers in the implementation of the
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1 statewide advanced telecommunications services and distance
2 learning network.
3 (5) Seek the assistance and cooperation of Florida's
4 telecommunications carriers to provide affordable student
5 access to advanced telecommunications services and to distance
6 learning.
7 (6) Coordinate partnerships for development,
8 acquisition, use, and distribution of distance learning.
9 (7) Secure and administer funding for programs and
10 activities for distance learning from federal, state, local,
11 and private sources and from fees derived from services and
12 materials.
13 (8) Manage the state's satellite transponder resources
14 and enter into lease agreements to maximize the use of
15 available transponder time. All net revenue realized through
16 the leasing of available transponder time, after deducting the
17 costs of performing the management function, shall be recycled
18 to support the public education distance learning in this
19 state based upon an allocation formula of one-third to the
20 Department of Education, one-third to community colleges, and
21 one-third to state universities.
22 (9) Hire appropriate staff which may include a
23 position that shall be exempt from part II of chapter 110 and
24 is included in the Senior Management Service in accordance
25 with s. 110.205.
26
27 Nothing in this section shall be construed to abrogate,
28 supersede, alter, or amend the powers and duties of any state
29 agency, district school board, community college board of
30 trustees, university board of trustees, or the State Board of
31 Education.
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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. 1001.34-1001.453.
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 annually
19 determine the salary of its members at the first regular
20 meeting following the organizational meeting held pursuant to
21 s. 1001.371. The proposed salary to be adopted shall be
22 noticed at the time of the meeting notice and shall not be
23 increased during the meeting. The salary adopted by the
24 district school board shall be in effect during the succeeding
25 12 months.
26 (2) This section shall apply to any district school
27 board member elected or reelected at the November 2002 general
28 election or any subsequent general election and to any person
29 appointed to fill a vacancy in the office of any such member.
30 Section 53. Section 1001.40, Florida Statutes, is
31 created to read:
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1 1001.40 District school board to constitute a
2 corporation.--The governing body of each school district shall
3 be a district school board. Each district school board is
4 constituted a body corporate by the name of "The School Board
5 of .... County, Florida." In all suits against district
6 school boards, service of process shall be had on the chair of
7 the district school board or, if he or she cannot be found, on
8 the district school superintendent as executive officer of the
9 district school board or, in the absence of the chair and the
10 district school superintendent, on another member of the
11 district school board.
12 Section 54. Section 1001.41, Florida Statutes, is
13 created to read:
14 1001.41 General powers of district school board.--The
15 district school board, after considering recommendations
16 submitted by the district school superintendent, shall
17 exercise the following general powers:
18 (1) Determine policies and programs consistent with
19 state law and rule deemed necessary by it for the efficient
20 operation and general improvement of the district school
21 system.
22 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54
23 to implement the provisions of law conferring duties upon it
24 to supplement those prescribed by the State Board of Education
25 and the Commissioner of Education.
26 (3) Prescribe and adopt standards as are considered
27 desirable by it for improving the district school system.
28 (4) Contract, sue, and be sued. The district school
29 board shall constitute the contracting agent for the district
30 school system.
31
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1 (5) Perform duties and exercise those responsibilities
2 that are assigned to it by law or by rules of the State Board
3 of Education or the Commissioner of Education and, in addition
4 thereto, those that it may find to be necessary for the
5 improvement of the district school system in carrying out the
6 purposes and objectives of the education code.
7 (6) Assign students to schools.
8 (7) Enter into agreements for accepting credit card,
9 charge card, and debit card payments as compensation for
10 goods, services, tuition, and fees, as authorized by law.
11 Section 55. Section 1001.42, Florida Statutes, is
12 created to read:
13 1001.42 Powers and duties of district school
14 board.--The district school board, acting as a board, shall
15 exercise all powers and perform all duties listed below:
16 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require
17 the district school superintendent, as secretary, to keep such
18 minutes and records as are necessary to set forth clearly all
19 actions and proceedings of the school board.
20 (a) Minutes, recording.--The minutes of each meeting
21 shall be reviewed, corrected if necessary, and approved at the
22 next regular meeting, provided that this action may be taken
23 at an intervening special meeting if the district school board
24 desires. The minutes shall be kept as a public record in a
25 permanent location.
26 (b) Minutes, contents.--The minutes shall show the
27 vote of each member present on all matters on which the
28 district school board takes action. It shall be the duty of
29 each member to see to it that both the matter and his or her
30 vote thereon are properly recorded in the minutes. Unless
31 otherwise shown by the minutes, it shall be presumed that the
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1 vote of each member present supported any action taken by the
2 district school board in either the exercise of, violation of,
3 or neglect of the powers and duties imposed upon the district
4 school board by law or rule, whether such action is recorded
5 in the minutes or is otherwise established. It shall also be
6 presumed that the policies, appointments, programs, and
7 expenditures not recorded in the minutes but made and actually
8 in effect in the district school system were made and put into
9 effect at the direction of the district school board, unless
10 it can be shown that they were done without the actual or
11 constructive knowledge of the members of the district school
12 board.
13 (2) CONTROL PROPERTY.--Subject to rules of the State
14 Board of Education, control property and convey the title to
15 real and personal property.
16 (3) ADOPT SCHOOL PROGRAM.--Adopt a school program for
17 the entire school district.
18 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
19 SCHOOLS.--Adopt and provide for the execution of plans for the
20 establishment, organization, and operation of the schools of
21 the district, including, but not limited to, the following:
22 (a) Schools and enrollment plans.--Establish schools
23 and adopt enrollment plans that may include school attendance
24 areas and open enrollment provisions.
25 (b) Elimination of school centers and consolidation of
26 schools.--Provide for the elimination of school centers and
27 the consolidation of schools.
28 (c) Adequate educational facilities for all children
29 without tuition.--Provide adequate educational facilities for
30 all children without payment of tuition.
31
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1 (d) Cooperate with school boards of adjoining
2 districts in maintaining schools.--Approve plans for
3 cooperating with school boards of adjoining districts in this
4 state or in adjoining states for establishing school
5 attendance areas composed of territory lying within the
6 districts and for the joint maintenance of district-line
7 schools or other schools which are to serve those attendance
8 areas. The conditions of such cooperation shall be as
9 follows:
10 1. Establishment.--The establishment of a school to
11 serve attendance areas lying in more than one district and the
12 plans for maintaining the school and providing educational
13 services to students shall be effected by annual resolutions
14 spread upon the minutes of each district school board
15 concerned, which resolutions shall set out the territorial
16 limits of the areas from which children are to attend the
17 school and the plan to be followed in maintaining and
18 operating the school.
19 2. Control.--Control of the school or schools involved
20 shall be vested in the district school board of the district
21 in which the school or schools are located unless otherwise
22 agreed by the district school boards.
23 3. Settlement of disagreements.--In the event an
24 agreement cannot be reached relating to such attendance areas
25 or to the school or schools therein, the matter may be
26 referred jointly by the cooperating district school boards or
27 by either district school board to the Department of Education
28 for decision under rules of the State Board of Education, and
29 its decision shall be binding on both school boards.
30
31
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1 (e) Classification and standardization of
2 schools.--Provide for the classification and standardization
3 of schools.
4 (f) Opening and closing of schools; fixing uniform
5 date.--Adopt policies for the opening and closing of schools
6 and fix uniform dates.
7 (g) Observance of school holidays and vacation
8 periods.--Designate the observance of school holidays and
9 vacation periods.
10 (h) Career and technical classes and schools.--Provide
11 for the establishment and maintenance of career and technical
12 schools, departments, or classes, giving instruction in career
13 and technical education as defined by rules of the State Board
14 of Education, and use any moneys raised by public taxation in
15 the same manner as moneys for other school purposes are used
16 for the maintenance and support of public schools or classes.
17 (i) District school boards may establish public
18 evening schools.--Have the authority to establish public
19 evening schools.
20 (j) Cooperate with other agencies in joint
21 projects.--Cooperate with other agencies in joint projects.
22 (k) Planning time for teachers.--May adopt rules for
23 planning time for teachers in accordance with the provisions
24 of chapter 1012.
25 (l) Exceptional students.--Provide for an appropriate
26 program of special instruction, facilities, and services for
27 exceptional students as prescribed by the State Board of
28 Education as acceptable in accordance with the provisions of
29 s. 1003.57.
30 (m) Alternative education programs for students in
31 residential care facilities.--Provide, in accordance with the
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1 provisions of chapter 1006, educational programs according to
2 rules of the State Board of Education to students who reside
3 in residential care facilities operated by the Department of
4 Children and Family Services.
5 (n) Educational services in detention facilities.--In
6 accordance with the provisions of chapter 1006, offer services
7 to students in detention facilities.
8 (5) PERSONNEL.--Designate positions to be filled,
9 prescribe qualifications for those positions, and provide for
10 the appointment, compensation, promotion, suspension, and
11 dismissal of employees, subject to the requirements of chapter
12 1012. Notwithstanding s. 1012.55 or any other provision of law
13 or rule to the contrary, the district school board may,
14 consistent with adopted district school board policy relating
15 to alternative certification for school principals, appoint
16 persons to the position of school principal who do not hold
17 educator certification.
18 (6) CHILD WELFARE.--In accordance with the provisions
19 of chapters 1003 and 1006, provide for the proper accounting
20 for all children of school age, for the attendance and control
21 of students at school, and for proper attention to health,
22 safety, and other matters relating to the welfare of children.
23 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
24 MATERIALS.--Provide adequate instructional materials for all
25 students in accordance with the requirements of chapter 1006.
26 (8) TRANSPORTATION OF STUDENTS.--After considering
27 recommendations of the district school superintendent, make
28 provision for the transportation of students to the public
29 schools or school activities they are required or expected to
30 attend; authorize transportation routes arranged efficiently
31 and economically; provide the necessary transportation
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1 facilities, and, when authorized under rules of the State
2 Board of Education and if more economical to do so, provide
3 limited subsistence in lieu thereof; and adopt the necessary
4 rules and regulations to ensure safety, economy, and
5 efficiency in the operation of all buses, as prescribed in
6 chapter 1006.
7 (9) SCHOOL PLANT.--Approve plans for locating,
8 planning, constructing, sanitating, insuring, maintaining,
9 protecting, and condemning school property as prescribed in
10 chapter 1013 and as follows:
11 (a) School building program.--Approve and adopt a
12 districtwide school building program.
13 (b) Sites, buildings, and equipment.--
14 1. Select and purchase school sites, playgrounds, and
15 recreational areas located at centers at which schools are to
16 be constructed, of adequate size to meet the needs of
17 projected students to be accommodated.
18 2. Approve the proposed purchase of any site,
19 playground, or recreational area for which district funds are
20 to be used.
21 3. Expand existing sites.
22 4. Rent buildings when necessary.
23 5. Enter into leases or lease-purchase arrangements,
24 in accordance with the requirements and conditions provided in
25 s. 1013.15(2), with private individuals or corporations for
26 the rental of necessary grounds and educational facilities for
27 school purposes or of educational facilities to be erected for
28 school purposes. Current or other funds authorized by law may
29 be used to make payments under a lease-purchase agreement.
30 Notwithstanding any other statutes, if the rental is to be
31 paid from funds received from ad valorem taxation and the
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1 agreement is for a period greater than 12 months, an approving
2 referendum must be held. The provisions of such contracts,
3 including building plans, shall be subject to approval by the
4 Department of Education, and no such contract shall be entered
5 into without such approval. As used in this section,
6 "educational facilities" means the buildings and equipment
7 that are built, installed, or established to serve educational
8 purposes and that may lawfully be used. The State Board of
9 Education may adopt such rules as are necessary to implement
10 these provisions.
11 6. Provide for the proper supervision of construction.
12 7. Make or contract for additions, alterations, and
13 repairs on buildings and other school properties.
14 8. Ensure that all plans and specifications for
15 buildings provide adequately for the safety and well-being of
16 students, as well as for economy of construction.
17 (c) Maintenance and upkeep of school plant.--Provide
18 adequately for the proper maintenance and upkeep of school
19 plants, so that students may attend school without sanitary or
20 physical hazards, and provide for the necessary heat, lights,
21 water, power, and other supplies and utilities necessary for
22 the operation of the schools.
23 (d) Insurance of school property.--Carry insurance on
24 every school building in all school plants including contents,
25 boilers, and machinery, except buildings of three classrooms
26 or less that are of frame construction and located in a tenth
27 class public protection zone as defined by the Florida
28 Inspection and Rating Bureau, and on all school buses and
29 other property under the control of the district school board
30 or title to which is vested in the district school board,
31
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1 except as exceptions may be authorized under rules of the
2 State Board of Education.
3 (e) Condemnation of buildings.--Condemn and prohibit
4 the use for public school purposes of any building that can be
5 shown for sanitary or other reasons to be no longer suitable
6 for such use and, when any building is condemned by any state
7 or other government agency as authorized in chapter 1013, see
8 that it is no longer used for school purposes.
9 (10) FINANCE.--Take steps to assure students adequate
10 educational facilities through the financial procedure
11 authorized in chapters 1010 and 1011 and as prescribed below:
12 (a) Provide for all schools to operate at least 180
13 days.--Provide for the operation of all public schools, both
14 elementary and secondary, as free schools for a term of at
15 least 180 days or the equivalent on an hourly basis as
16 specified by rules of the State Board of Education; determine
17 district school funds necessary in addition to state funds to
18 operate all schools for such minimum term; and arrange for the
19 levying of district school taxes necessary to provide the
20 amount needed from district sources.
21 (b) Annual budget.--Cause to be prepared, adopt, and
22 have submitted to the Department of Education as required by
23 law and rules of the State Board of Education, the annual
24 school budget, such budget to be so prepared and executed as
25 to promote the improvement of the district school system.
26 (c) Tax levies.--Adopt and spread on its minutes a
27 resolution fixing the district school tax levy, provided for
28 under s. 9, Art. VII of the State Constitution, necessary to
29 carry on the school program adopted for the district for the
30 next ensuing fiscal year as required by law, and fixing the
31 district bond interest and sinking fund tax levy necessary for
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1 districts against which bonds are outstanding; and adopt and
2 spread on its minutes a resolution suggesting the tax levy
3 provided for in s. 9, Art. VII of the State Constitution,
4 found necessary to carry on the school program adopted for the
5 district for the next ensuing fiscal year.
6 (d) School funds.--Require that an accurate account is
7 kept of all funds that should be transmitted to the district
8 school board for school purposes at various periods during the
9 year from all sources and, if any funds are not transmitted
10 promptly, take the necessary steps to have such funds made
11 available.
12 (e) Borrow money.--Borrow money, as prescribed in ss.
13 1011.12-1011.16, when necessary in anticipation of funds
14 reasonably to be expected during the year as shown by the
15 budget.
16 (f) Financial records and accounts.--Provide for
17 keeping of accurate records of all financial transactions.
18 (g) Approval and payment of accounts.--Implement a
19 system of accounting and budgetary control to ensure that
20 payments do not exceed amounts budgeted, as required by law;
21 make available all records for proper audit by state officials
22 or independent certified public accountants; and have prepared
23 required periodic statements to be filed with the Department
24 of Education as provided by rules of the State Board of
25 Education.
26 (h) Bonds of employees.--Fix and prescribe the bonds,
27 and pay the premium on all such bonds, of all school employees
28 who are responsible for school funds in order to provide
29 reasonable safeguards for all such funds or property.
30 (i) Contracts for materials, supplies, and
31 services.--Contract for materials, supplies, and services
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1 needed for the district school system. No contract for
2 supplying these needs shall be made with any member of the
3 district school board, with the district school
4 superintendent, or with any business organization in which any
5 district school board member or the district school
6 superintendent has any financial interest whatsoever.
7 (j) Purchasing regulations to be secured from
8 Department of Management Services.--Secure purchasing
9 regulations and amendments and changes thereto from the
10 Department of Management Services and prior to any purchase
11 have reported to it by its staff, and give consideration to
12 the lowest price available to it under such regulations,
13 provided a regulation applicable to the item or items being
14 purchased has been adopted by the department. The department
15 should meet with educational administrators to expand the
16 inventory of standard items for common usage in all schools
17 and postsecondary educational institutions.
18 (k) Protection against loss.--Provide for adequate
19 protection against any loss or damage to school property or
20 loss resulting from any liability for which the district
21 school board or its officers, agents, or employees may be
22 responsible under law. In fulfilling this responsibility, the
23 district school board may purchase insurance, to be
24 self-insured, to enter into risk management programs managed
25 by district school boards, school-related associations, or
26 insurance companies, or to have any combination thereof in any
27 area to the extent the district school board is either
28 authorized or required by law to contract for insurance. Any
29 risk management program entered into pursuant to this
30 subsection shall provide for strict accountability of all
31 funds to the member district school boards and an annual audit
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1 by an independent certified public accountant of all receipts
2 and disbursements.
3 (l) Internal auditor.--May employ an internal auditor
4 to perform ongoing financial verification of the financial
5 records of the school district. The internal auditor shall
6 report directly to the district school board or its designee.
7 (m) Financial and performance audits.--In addition to
8 the audits required by ss. 11.45 and 218.39, may contract with
9 an independent certified public accountant to conduct a
10 financial or performance audit of its accounts and records
11 retained by it and paid from its public funds.
12 (11) RECORDS AND REPORTS.--Provide for the keeping of
13 all necessary records and the making of all needed or required
14 reports, as follows:
15 (a) Forms, blanks, and reports.--Require all employees
16 to keep accurately all records and to make promptly in the
17 proper form all reports required by law or by rules of the
18 State Board of Education.
19 (b) Reports to the department.--Require that the
20 district school superintendent prepare all reports to the
21 Department of Education that may be required by law or rules
22 of the State Board of Education; see that all such reports are
23 promptly transmitted to the department; withhold the further
24 payment of salary to the superintendent or employee when
25 notified by the department that he or she has failed to file
26 any report within the time or in the manner prescribed; and
27 continue to withhold the salary until the district school
28 board is notified by the department that such report has been
29 received and accepted, provided that when any report has not
30 been received by the date due and after due notice has been
31 given to the district school board of that fact, the
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1 department, if it deems necessary, may require the report to
2 be prepared by a member of its staff, and the district school
3 board shall pay all expenses connected therewith. Any member
4 of the district school board who is responsible for the
5 violation of this provision is subject to suspension and
6 removal.
7 (c) Reports to parents.--Require that, at regular
8 intervals, reports are made by school principals or teachers
9 to parents, apprising them of the progress being made by the
10 students in their studies and giving other needful
11 information.
12 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
13 BOARDS.--May establish and participate in educational
14 consortia that are designed to provide joint programs and
15 services to cooperating school districts, consistent with the
16 provisions of s. 4(b), Art. IX of the State Constitution. The
17 State Board of Education shall adopt rules providing for the
18 establishment, funding, administration, and operation of such
19 consortia.
20 (13) ENFORCEMENT OF LAW AND RULES.--Require that all
21 laws and rules of the State Board of Education or of the
22 district school board are properly enforced.
23 (14) SCHOOL LUNCH PROGRAM.--Assume such
24 responsibilities and exercise such powers and perform such
25 duties as may be assigned to it by law or as may be required
26 by rules of the State Board of Education or, as in the opinion
27 of the district school board, are necessary to ensure school
28 lunch services, consistent with needs of students; effective
29 and efficient operation of the program; and the proper
30 articulation of the school lunch program with other phases of
31 education in the district.
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1 (15) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT
2 PROGRAM.--
3 (a) Adopt procedures whereby the general public can be
4 adequately informed of the educational programs, needs, and
5 objectives of public education within the district, including
6 educational opportunities available through the Florida
7 Virtual School.
8 (b) Encourage teachers and administrators to keep
9 parents informed of student progress, student programs,
10 student attendance requirements pursuant to ss. 1003.26,
11 1003.27, 414.1251, and 984.151, and availability of resources
12 for academic assistance.
13 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
14 ACCOUNTABILITY.--Maintain a system of school improvement and
15 education accountability as provided by statute and State
16 Board of Education rule. This system of school improvement and
17 education accountability shall be consistent with, and
18 implemented through, the district's continuing system of
19 planning and budgeting required by this section and ss.
20 1008.385, 1010.01, and 1011.01. This system of school
21 improvement and education accountability shall include, but is
22 not limited to, the following:
23 (a) School improvement plans.--Annually approve and
24 require implementation of a new, amended, or continuation
25 school improvement plan for each school in the district,
26 except that a district school board may establish a district
27 school improvement plan that includes all schools in the
28 district operating for the purpose of providing educational
29 services to youth in Department of Juvenile Justice programs.
30 Such plan shall be designed to achieve the state education
31 priorities pursuant to s. 1000.03(5) and student performance
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1 standards. Each plan shall also address issues relative to
2 budget, training, instructional materials, technology,
3 staffing, student support services, specific school safety and
4 discipline strategies, and other matters of resource
5 allocation, as determined by district school board policy, and
6 shall be based on an analysis of student achievement and other
7 school performance data.
8 (b) Approval process.--Develop a process for approval
9 of a school improvement plan presented by an individual school
10 and its advisory council. In the event a district school board
11 does not approve a school improvement plan after exhausting
12 this process, the Department of Education shall be notified of
13 the need for assistance.
14 (c) Assistance and intervention.--
15 1. Develop a 2-year plan of increasing individualized
16 assistance and intervention for each school in danger of not
17 meeting state standards or making adequate progress, as
18 defined pursuant to statute and State Board of Education rule,
19 toward meeting the goals and standards of its approved school
20 improvement plan.
21 2. Provide assistance and intervention to a school
22 that is identified as being in performance grade category "D"
23 pursuant to s. 1008.34 and is in danger of failing.
24 3. Develop a plan to encourage teachers with
25 demonstrated mastery in improving student performance to
26 remain at or transfer to a school designated as performance
27 grade category "D" or "F" or to an alternative school that
28 serves disruptive or violent youths. If a classroom teacher,
29 as defined by s. 1012.01(2)(a), who meets the definition of
30 teaching mastery developed according to the provisions of this
31 paragraph, requests assignment to a school designated as
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1 performance grade category "D" or "F" or to an alternative
2 school that serves disruptive or violent youths, the district
3 school board shall make every practical effort to grant the
4 request.
5 4. Prioritize, to the extent possible, the
6 expenditures of funds received from the supplemental academic
7 instruction categorical fund under s. 1011.62(1)(f) to improve
8 student performance in schools that receive a performance
9 grade category designation of "D" or "F."
10 (d) After 2 years.--Notify the Commissioner of
11 Education and the State Board of Education in the event any
12 school does not make adequate progress toward meeting the
13 goals and standards of a school improvement plan by the end of
14 2 years of failing to make adequate progress and proceed
15 according to guidelines developed pursuant to statute and
16 State Board of Education rule. School districts shall provide
17 intervention and assistance to schools in danger of being
18 designated as performance grade category "F," failing to make
19 adequate progress.
20 (e) Public disclosure.--Provide information regarding
21 performance of students and educational programs as required
22 pursuant to ss. 1008.385 and 1008.22 and implement a system of
23 school reports as required by statute and State Board of
24 Education rule that shall include schools operating for the
25 purpose of providing educational services to youth in
26 Department of Juvenile Justice programs, and for those
27 schools, report on the elements specified in s. 1003.52(20).
28 Annual public disclosure reports shall be in an easy-to-read
29 report card format and shall include the school's student and
30 school performance grade category designation and performance
31 data as specified in state board rule.
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1 (f) School improvement funds.--Provide funds to
2 schools for developing and implementing school improvement
3 plans. Such funds shall include those funds appropriated for
4 the purpose of school improvement pursuant to s. 24.121(5)(c).
5 (17) LOCAL-LEVEL DECISIONMAKING.--
6 (a) Adopt policies that clearly encourage and enhance
7 maximum decisionmaking appropriate to the school site. Such
8 policies must include guidelines for schools in the adoption
9 and purchase of district and school site instructional
10 materials and technology, staff training, school advisory
11 council member training, student support services, budgeting,
12 and the allocation of staff resources.
13 (b) Adopt waiver process policies to enable all
14 schools to exercise maximum flexibility and notify advisory
15 councils of processes to waive school district and state
16 policies.
17 (c) Develop policies for periodically monitoring the
18 membership composition of school advisory councils to ensure
19 compliance with requirements established in s. 1001.452.
20 (d) Adopt policies that assist in giving greater
21 autonomy, including authority over the allocation of the
22 school's budget, to schools designated as performance grade
23 category "A," making excellent progress, and schools rated as
24 having improved at least two performance grade categories.
25 (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies
26 allowing students attending schools that have been designated
27 as performance grade category "F," failing to make adequate
28 progress, for 2 school years in a 4-year period to attend a
29 higher performing school in the district or an adjoining
30 district or be granted a state opportunity scholarship to a
31
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1 private school, in conformance with s. 1002.38 and State Board
2 of Education rule.
3 (19) AUTHORITY TO DECLARE AN EMERGENCY.--May declare
4 an emergency in cases in which one or more schools in the
5 district are failing or are in danger of failing and negotiate
6 special provisions of its contract with the appropriate
7 bargaining units to free these schools from contract
8 restrictions that limit the school's ability to implement
9 programs and strategies needed to improve student performance.
10 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
11 anonymity of students in large schools, adopt policies to
12 encourage any school that does not meet the definition of a
13 small school, as established by s. 1013.43(2), to subdivide
14 into schools-within-a-school, that shall operate within
15 existing resources in accordance with the provisions of
16 chapter 1003.
17 (21) FLORIDA VIRTUAL SCHOOL.--Provide students with
18 access to enroll in courses available through the Florida
19 Virtual School and award credit for successful completion of
20 such courses. Access shall be available to students during or
21 after the normal school day, and through summer school
22 enrollment.
23 (22) ADOPT RULES.--Adopt rules pursuant to ss.
24 120.536(1) and 120.54 to implement this section.
25 Section 56. Section 1001.43, Florida Statutes, is
26 created to read:
27 1001.43 Supplemental powers and duties of district
28 school board.--The district school board may exercise the
29 following supplemental powers and duties as authorized by this
30 code or State Board of Education rule.
31
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1 (1) STUDENT MANAGEMENT.--The district school board may
2 adopt programs and policies to ensure the safety and welfare
3 of individuals, the student body, and school personnel, which
4 programs and policies may:
5 (a) Prohibit the possession of weapons and drugs on
6 campus, student hazing, and other activities that could
7 threaten the operation of the school or the safety and welfare
8 of the student body or school personnel.
9 (b) Require uniforms to be worn by the student body,
10 or impose other dress-related requirements, if the district
11 school board finds that those requirements are necessary for
12 the safety or welfare of the student body or school personnel.
13 (c) Provide procedures for student dismissal
14 precautions and for granting permission for students to leave
15 school grounds during school hours, including releasing a
16 student from school upon request by a parent or for public
17 appearances of school groups.
18 (d) Provide procedures for managing protests,
19 demonstrations, sit-ins, walk-outs, or other acts of civil
20 disobedience.
21 (e) Provide procedures for detaining students and for
22 readmission of students after expulsion.
23 (f) Regulate student automobile use and parking.
24 (2) FISCAL MANAGEMENT.--The district school board may
25 adopt policies providing for fiscal management of the school
26 district with respect to school purchasing, facilities,
27 nonstate revenue sources, budgeting, fundraising, and other
28 activities relating to the fiscal management of district
29 resources, including, but not limited to, the policies
30 governing:
31
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1 (a) Sales calls and demonstrations by agents,
2 solicitors, salespersons, and vendors on campus; local
3 preference criteria for vendors; specifications for quantity
4 purchasing; prioritization of awards for bids; declining bid
5 awards; and purchase requisitions, approvals, and routing.
6 (b) Sales by booster clubs; marathon fundraisers; and
7 student sales of candy, paper products, or other goods
8 authorized by the district school board.
9 (c) Inventory and disposal of district property; use
10 of safe-deposit boxes; and selection of real estate
11 appraisers.
12 (d) Payment of contractors and other service
13 providers.
14 (e) Accounting systems; petty cash accounts procedures
15 and reporting; school activities funds procedures and
16 reporting; management and reporting of grants from private
17 sources; and management of funds, including auxiliary
18 enterprise funds.
19 (f) District budgeting system, including setting
20 budget deadlines and schedules, budget planning, and
21 implementation and determination of budget priorities.
22 (3) INSTRUCTIONAL AIDS.--The district school board may
23 adopt policies providing for innovative teaching techniques,
24 teaching programs and methods, instructional aids and
25 objectives, extracurricular and interscholastic activities,
26 and supplemental programs including, but not limited to,
27 policies providing for:
28 (a) Use of technology, including appropriate use of
29 the Internet as a tool for learning.
30
31
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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; and
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. Section 1001.453, Florida Statutes, is
6 created to read:
7 1001.453 Direct-support organization; use of property;
8 board of directors; audit.--
9 (1) DEFINITIONS.--For the purposes of this section,
10 the term:
11 (a) "District school board direct-support
12 organization" means an organization that:
13 1. Is approved by the district school board;
14 2. Is a Florida corporation not for profit,
15 incorporated under the provisions of chapter 617 and approved
16 by the Department of State; and
17 3. Is organized and operated exclusively to receive,
18 hold, invest, and administer property and to make expenditures
19 to or for the benefit of public kindergarten through 12th
20 grade education and adult career and technical and community
21 education programs in this state.
22 (b) "Personal services" includes full-time or
23 part-time personnel, as well as payroll processing.
24 (2) USE OF PROPERTY.--A district school board:
25 (a) Is authorized to permit the use of property,
26 facilities, and personal services of the district by a
27 direct-support organization, subject to the provisions of this
28 section.
29 (b) Shall prescribe by rule conditions with which a
30 district school board direct-support organization must comply
31 in order to use property, facilities, or personal services of
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1 the district. Adoption of such rules shall be coordinated with
2 the Department of Education. The rules shall provide for
3 budget and audit review and oversight by the district school
4 board and the department.
5 (c) Shall not permit the use of property, facilities,
6 or personal services of a direct-support organization if such
7 organization does not provide equal employment opportunities
8 to all persons, regardless of race, color, religion, sex, age,
9 or national origin.
10 (3) BOARD OF DIRECTORS.--The board of directors of the
11 district school board direct-support organization shall be
12 approved by the district school board.
13 (4) ANNUAL AUDIT.--Each direct-support organization
14 with more than $100,000 in expenditures or expenses shall
15 provide for an annual financial audit of its accounts and
16 records, to be conducted by an independent certified public
17 accountant in accordance with rules adopted by the Auditor
18 General pursuant to s. 11.45(8) and the Commissioner of
19 Education. The annual audit report shall be submitted within 9
20 months after the fiscal year's end to the district school
21 board and the Auditor General. The Commissioner of Education,
22 the Auditor General, and the Office of Program Policy Analysis
23 and Government Accountability have the authority to require
24 and receive from the organization or the district auditor any
25 records relative to the operation of the organization. The
26 identity of donors and all information identifying donors and
27 prospective donors are confidential and exempt from the
28 provisions of s. 119.07(1), and that anonymity shall be
29 maintained in the auditor's report. All other records and
30 information shall be considered public records for the
31 purposes of chapter 119.
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1 Section 61. Part II.b. of chapter 1001, Florida
2 Statutes, shall be entitled "District School Superintendents"
3 and shall consist of ss. 1001.46-1001.53.
4 Section 62. Section 1001.46, Florida Statutes, is
5 created to read:
6 1001.46 District school superintendent; election and
7 term of office.--The district school superintendent shall be
8 elected for a term of 4 years or until the election or
9 appointment and qualification of his or her successor.
10 Section 63. Section 1001.461, Florida Statutes, is
11 created to read:
12 1001.461 District school superintendent; procedures
13 for making office appointive.--
14 (1) Pursuant to the provisions of s. 5, Art. IX of the
15 State Constitution, the district school superintendent shall
16 be appointed by the district school board in a school district
17 wherein the proposition is affirmed by a majority of the
18 qualified electors voting in the same election making the
19 office of district school superintendent appointive.
20 (2) To submit the proposition to the electors, the
21 district school board by formal resolution shall request an
22 election, that shall be at a general election or a statewide
23 primary or special election. The board of county
24 commissioners, upon such timely request from the district
25 school board, shall cause to be placed on the ballot at such
26 election the proposition to make the office of district school
27 superintendent appointive.
28 (3) Any district adopting the appointive method for
29 its district school superintendent may after 4 years return to
30 its former status and reject the provisions of this section by
31
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1 following the same procedure outlined in subsection (2) for
2 adopting the provisions thereof.
3 Section 64. Section 1001.462, Florida Statutes, is
4 created to read:
5 1001.462 Oath of district school
6 superintendent.--Before entering upon the duties of his or her
7 office, the district school superintendent shall take the oath
8 of office prescribed by the State Constitution.
9 Section 65. Section 1001.463, Florida Statutes, is
10 created to read:
11 1001.463 Vacancy in office of district school
12 superintendent.--The office of district school superintendent
13 in any district shall be vacant when the district school
14 superintendent removes his or her residence from the district.
15 Section 66. Section 1001.464, Florida Statutes, is
16 created to read:
17 1001.464 District school superintendent to devote full
18 time to office.--The position of district school
19 superintendent shall be considered a full-time position.
20 Section 67. Section 1001.47, Florida Statutes, is
21 created to read:
22 1001.47 District school superintendent; salary.--
23 (1) Each district school superintendent shall receive
24 as salary the amount indicated pursuant to this section.
25 However, a district school board, by majority vote, may
26 approve a salary in excess of the amount specified in this
27 section.
28 (2) Notwithstanding the provisions of chapter 145 to
29 the contrary, the annual salaries of elected district school
30 superintendents for 1993 and each year thereafter shall be
31 established at the same amounts as the district school
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1 superintendents were paid for fiscal year 1991-1992, adjusted
2 by each annual increase provided for in chapter 145.
3 (3) This section does not apply to a district school
4 superintendent appointed pursuant to the terms of s. 1001.50.
5 (4)(a) There shall be an additional $2,000 per year
6 special qualification salary for each district school
7 superintendent who has met the certification requirements
8 established by the Department of Education. Any district
9 school superintendent who is certified during a calendar year
10 shall receive in that year a pro rata share of the special
11 qualification salary based on the remaining period of the
12 year.
13 (b) In order to qualify for the special qualification
14 salary provided by paragraph (a), the district school
15 superintendent must complete the requirements established by
16 the Department of Education within 6 years after first taking
17 office.
18 (c) After a district school superintendent meets the
19 requirements of paragraph (a), in order to remain certified
20 the district school superintendent shall thereafter be
21 required to complete each year a course of continuing
22 education as prescribed by the Department of Education.
23 (5)(a) The Department of Education shall provide a
24 leadership development and performance compensation program
25 for district school superintendents, comparable to chief
26 executive officer development programs for corporate executive
27 officers, to include:
28 1. A content-knowledge-and-skills phase consisting of:
29 creative leadership models and theory, demonstration of
30 effective practice, simulation exercises and personal skills
31 practice, and assessment with feedback, taught in a
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1 professional training setting under the direction of
2 experienced, successful trainers.
3 2. A competency-acquisition phase consisting of
4 on-the-job application of knowledge and skills for a period of
5 not less than 6 months following the successful completion of
6 the content-knowledge-and-skills phase. The
7 competency-acquisition phase shall be supported by adequate
8 professional technical assistance provided by experienced
9 trainers approved by the department. Competency acquisition
10 shall be demonstrated through assessment and feedback.
11 (b) Upon the successful completion of both phases and
12 demonstrated successful performance, as determined by the
13 department, a district school superintendent shall be issued a
14 Chief Executive Officer Leadership Development Certificate and
15 shall be given an annual performance salary incentive of not
16 less than $3,000 or more than $7,500 based upon his or her
17 performance evaluation.
18 (c) A district school superintendent's eligibility to
19 continue receiving the annual performance salary incentive is
20 contingent upon his or her continued performance assessment
21 and followup training prescribed by the department.
22 Section 68. Section 1001.48, Florida Statutes, is
23 created to read:
24 1001.48 Secretary and executive officer of the
25 district school board.--The district school superintendent
26 shall be the secretary and executive officer of the district
27 school board, provided that when the district school
28 superintendent is required to be absent on account of
29 performing services in the volunteer forces of the United
30 States or in the National Guard of the state or in the regular
31 Army or Navy of the United States, when said district school
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1 superintendent shall be called into active training or service
2 of the United States under an Act of Congress or pursuant to a
3 proclamation by the President of the United States, the
4 district school superintendent shall then be entitled to a
5 leave of absence not to exceed the remaining portion of the
6 term for which he or she was elected.
7 Section 69. Section 1001.49, Florida Statutes, is
8 created to read:
9 1001.49 General powers of district school
10 superintendent.--The district school superintendent shall have
11 the authority, and when necessary for the more efficient and
12 adequate operation of the district school system, the district
13 school superintendent shall exercise the following powers:
14 (1) GENERAL OVERSIGHT.--Exercise general oversight
15 over the district school system in order to determine problems
16 and needs, and recommend improvements.
17 (2) ADVISE, COUNSEL, AND RECOMMEND TO DISTRICT SCHOOL
18 BOARD.--Advise and counsel with the district school board on
19 all educational matters and recommend to the district school
20 board for action such matters as should be acted upon.
21 (3) RECOMMEND POLICIES.--Recommend to the district
22 school board for adoption such policies pertaining to the
23 district school system as the district school superintendent
24 may consider necessary for its more efficient operation.
25 (4) RECOMMEND AND EXECUTE RULES.--Prepare and organize
26 by subjects and submit to the district school board for
27 adoption such rules to supplement those adopted by the State
28 Board of Education as, in the district school superintendent's
29 opinion, will contribute to the efficient operation of any
30 aspect of education in the district. When rules have been
31
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1 adopted, the district school superintendent shall see that
2 they are executed.
3 (5) RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From
4 time to time prepare, organize by subject, and submit to the
5 district school board for adoption such minimum standards
6 relating to the operation of any phase of the district school
7 system as are needed to supplement those adopted by the State
8 Board of Education and as will contribute to the efficient
9 operation of any aspect of education in the district and
10 ensure that minimum standards adopted by the district school
11 board and the state board are observed.
12 (6) PERFORM DUTIES AND EXERCISE
13 RESPONSIBILITIES.--Perform such duties and exercise such
14 responsibilities as are assigned to the district school
15 superintendent by law and by rules of the State Board of
16 Education.
17 Section 70. Section 1001.50, Florida Statutes, is
18 created to read:
19 1001.50 Superintendents employed under Art. IX of the
20 State Constitution.--
21 (1) In every district authorized to employ a district
22 school superintendent under Art. IX of the State Constitution,
23 the district school superintendent shall be the executive
24 officer of the district school board and shall not be subject
25 to the provisions of law, either general or special, relating
26 to tenure of employment or contracts of other school
27 personnel. The district school superintendent's duties
28 relating to the district school system shall be as provided by
29 law and rules of the State Board of Education.
30 (2) The district school board of each of such
31 districts shall enter into contracts of employment with the
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1 district school superintendent and shall adopt rules relating
2 to his or her appointment.
3 (3) The district school board of each such district
4 shall pay to the district school superintendent a reasonable
5 annual salary. In determining the amount of compensation to be
6 paid, the board shall take into account such factors as:
7 (a) The population of the district.
8 (b) The rate and character of population growth.
9 (c) The size and composition of the student body to be
10 served.
11 (d) The geographic extent of the district.
12 (e) The number and character of the schools to be
13 supervised.
14 (f) The educational qualifications, professional
15 experience, and age of the candidate for the position of
16 district school superintendent.
17 Section 71. Section 1001.51, Florida Statutes, is
18 created to read:
19 1001.51 Duties and responsibilities of district school
20 superintendent.--The district school superintendent shall
21 exercise all powers and perform all duties listed below and
22 elsewhere in the law, provided that, in so doing, he or she
23 shall advise and counsel with the district school board. The
24 district school superintendent shall perform all tasks
25 necessary to make sound recommendations, nominations,
26 proposals, and reports required by law to be acted upon by the
27 district school board. All such recommendations, nominations,
28 proposals, and reports by the district school superintendent
29 shall be either recorded in the minutes or shall be made in
30 writing, noted in the minutes, and filed in the public records
31 of the district school board. It shall be presumed that, in
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1 the absence of the record required in this section, the
2 recommendations, nominations, and proposals required of the
3 district school superintendent were not contrary to the action
4 taken by the district school board in such matters.
5 (1) ASSIST IN ORGANIZATION OF DISTRICT SCHOOL
6 BOARD.--Preside at the organization meeting of the district
7 school board and transmit to the Department of Education,
8 within 2 weeks following such meeting, a certified copy of the
9 proceedings of organization, including the schedule of regular
10 meetings, and the names and addresses of district school
11 officials.
12 (2) REGULAR AND SPECIAL MEETINGS OF THE DISTRICT
13 SCHOOL BOARD.--Attend all regular meetings of the district
14 school board, call special meetings when emergencies arise,
15 and advise, but not vote, on questions under consideration.
16 (3) RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep
17 minutes of all official actions and proceedings of the
18 district school board and keep such other records, including
19 records of property held or disposed of by the district school
20 board, as may be necessary to provide complete information
21 regarding the district school system.
22 (4) SCHOOL PROPERTY.--Act for the district school
23 board as custodian of school property.
24 (5) SCHOOL PROGRAM; PREPARE PLANS.--Supervise the
25 assembling of data and sponsor studies and surveys essential
26 to the development of a planned school program for the entire
27 district and prepare and recommend such a program to the
28 district school board as the basis for operating the district
29 school system.
30 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
31 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,
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1 organization, and operation of such schools, classes, and
2 services as are needed to provide adequate educational
3 opportunities for all children in the district.
4 (7) PERSONNEL.--Be responsible, as required herein,
5 for directing the work of the personnel, subject to the
6 requirements of chapter 1012.
7 (8) COURSES OF STUDY AND OTHER INSTRUCTIONAL
8 AIDS.--Recommend such plans for improving, providing,
9 distributing, accounting for, and caring for textbooks and
10 other instructional aids as will result in general improvement
11 of the district school system, as prescribed in chapter 1006.
12 (9) TRANSPORTATION OF STUDENTS.--Provide for student
13 transportation as prescribed in s. 1006.21.
14 (10) SCHOOL PLANT.--Recommend plans, and execute such
15 plans as are approved, regarding all phases of the school
16 plant program, as prescribed in chapter 1013.
17 (11) FINANCE.--Recommend measures to the district
18 school board to assure adequate educational facilities
19 throughout the district, in accordance with the financial
20 procedure authorized in chapters 1010 and 1011 and as
21 prescribed below:
22 (a) Plan for operating all schools for minimum
23 term.--Determine and recommend district funds necessary in
24 addition to state funds to provide for at least a 180-day
25 school term or the equivalent on an hourly basis as specified
26 by rules adopted by the State Board of Education and recommend
27 plans for ensuring the operation of all schools for the term
28 authorized by the district school board.
29 (b) Annual budget.--Prepare the annual school budget
30 to be submitted to the district school board for adoption
31 according to law and submit this budget, when adopted by the
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1 district school board, to the Department of Education on or
2 before the date required by rules of the State Board of
3 Education.
4 (c) Tax levies.--Recommend to the district school
5 board, on the basis of the needs shown by the budget, the
6 amount of district school tax levy necessary to provide the
7 district school funds needed for the maintenance of the public
8 schools; recommend to the district school board the tax levy
9 required on the basis of the needs shown in the budget for the
10 district bond interest and sinking fund of each district; and
11 recommend to the district school board to be included on the
12 ballot at each district millage election the school district
13 tax levies necessary to carry on the school program.
14 (d) School funds.--Keep an accurate account of all
15 funds that should be transmitted to the district school board
16 for school purposes at various periods during the year and
17 ensure, insofar as possible, that these funds are transmitted
18 promptly and report promptly to the district school board any
19 delinquencies or delays that occur in making available any
20 funds that should be made available for school purposes.
21 (e) Borrowing money.--Recommend when necessary the
22 borrowing of money as prescribed by law.
23 (f) Financial records and accounting.--Keep or have
24 kept accurate records of all financial transactions.
25 (g) Payrolls and accounts.--Maintain accurate and
26 current statements of accounts due to be paid by the district
27 school board; certify these statements as correct; liquidate
28 district school board obligations in accordance with the
29 official budget and rules of the district school board; and
30 prepare periodic reports as required by rules of the State
31 Board of Education, showing receipts, balances, and
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1 disbursements to date, and file copies of such periodic
2 reports with the Department of Education.
3 (h) Bonds for employees.--Recommend the bonds of all
4 school employees who should be bonded in order to provide
5 reasonable safeguards for all school funds or property.
6 (i) Contracts.--After study of the feasibility of
7 contractual services with industry, recommend to the district
8 school board the desirable terms, conditions, and
9 specifications for contracts for supplies, materials, or
10 services to be rendered and see that materials, supplies, or
11 services are provided according to contract.
12 (j) Investment policies.--After careful examination,
13 recommend policies to the district school board that will
14 provide for the investment or deposit of school funds not
15 needed for immediate expenditures which shall earn the maximum
16 possible yield under the circumstances on such investments or
17 deposits. The district school superintendent shall cause to be
18 invested at all times all school moneys not immediately needed
19 for expenditures pursuant to the policies of the district
20 school board.
21 (k) Protection against loss.--Recommend programs and
22 procedures to the district school board necessary to protect
23 the school system adequately against loss or damage to school
24 property or against loss resulting from any liability for
25 which the district school board or its officers, agents, or
26 employees may be responsible under law.
27 (l) Millage elections.--Recommend plans and procedures
28 for holding and supervising all school district millage
29 elections.
30 (m) Budgets and expenditures.--Prepare, after
31 consulting with the principals of the various schools,
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1 tentative annual budgets for the expenditure of district funds
2 for the benefit of public school students of the district.
3 (n) Bonds.--Recommend the amounts of bonds to be
4 issued in the district and assist in the preparation of the
5 necessary papers for an election to determine whether the
6 proposed bond issue will be approved by the electors and, if
7 such bond issue be approved by the electors, recommend plans
8 for the sale of bonds and for the proper expenditure of the
9 funds derived therefrom.
10 (12) RECORDS AND REPORTS.--Recommend such records as
11 should be kept in addition to those prescribed by rules of the
12 State Board of Education; prepare forms for keeping such
13 records as are approved by the district school board; ensure
14 that such records are properly kept; and make all reports that
15 are needed or required, as follows:
16 (a) Forms, blanks, and reports.--Require that all
17 employees accurately keep all records and promptly make in
18 proper form all reports required by the education code or by
19 rules of the State Board of Education; recommend the keeping
20 of such additional records and the making of such additional
21 reports as may be deemed necessary to provide data essential
22 for the operation of the school system; and prepare such forms
23 and blanks as may be required and ensure that these records
24 and reports are properly prepared.
25 (b) Reports to the department.--Prepare, for the
26 approval of the district school board, all reports that may be
27 required by law or rules of the State Board of Education to be
28 made to the department and transmit promptly all such reports,
29 when approved, to the department, as required by law. If any
30 such reports are not transmitted at the time and in the manner
31 prescribed by law or by State Board of Education rules, the
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1 salary of the district school superintendent must be withheld
2 until the report has been properly submitted. Unless otherwise
3 provided by rules of the State Board of Education, the annual
4 report on attendance and personnel is due on or before July 1,
5 and the annual school budget and the report on finance are due
6 on the date prescribed by the commissioner.
7
8 Any district school superintendent who knowingly signs and
9 transmits to any state official a false or incorrect report
10 shall forfeit his or her right to any salary for the period of
11 1 year from that date.
12 (13) COOPERATION WITH OTHER AGENCIES.--
13 (a) Cooperation with governmental agencies in
14 enforcement of laws and rules.--Recommend plans for
15 cooperating with, and, on the basis of approved plans,
16 cooperate with federal, state, county, and municipal agencies
17 in the enforcement of laws and rules pertaining to all matters
18 relating to education and child welfare.
19 (b) Identifying and reporting names of migratory
20 children, other information.--Recommend plans for identifying
21 and reporting to the Department of Education the name of each
22 child in the school district who qualifies according to the
23 definition of a migratory child, based on Pub. L. No. 95-561,
24 and for reporting such other information as may be prescribed
25 by the department.
26 (14) ENFORCEMENT OF LAWS AND RULES.--Require that all
27 laws and rules of the State Board of Education, as well as
28 supplementary rules of the district school board, are properly
29 observed and report to the district school board any violation
30 that the district school superintendent does not succeed in
31 having corrected.
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1 (15) COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate
2 with the district school board in every manner practicable to
3 the end that the district school system may continuously be
4 improved.
5 (16) VISITATION OF SCHOOLS.--Visit the schools;
6 observe the management and instruction; give suggestions for
7 improvement; and advise supervisors, principals, teachers,
8 patrons, and other citizens with the view of promoting
9 interest in education and improving the school conditions of
10 the district.
11 (17) CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call
12 and conduct institutes and conferences with employees of the
13 district school board, school patrons, and other interested
14 citizens; organize and direct study and extension courses for
15 employees, advising them as to their professional studies; and
16 assist patrons and people generally in acquiring knowledge of
17 the aims, services, and needs of the schools.
18 (18) PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend
19 such conferences for district school superintendents as may be
20 called or scheduled by the Department of Education and avail
21 himself or herself of means of professional and general
22 improvement so that he or she may function most efficiently.
23 (19) RECOMMEND REVOKING CERTIFICATES.--Recommend in
24 writing to the Department of Education the revoking of any
25 certificate for good cause, including a full statement of the
26 reason for the district school superintendent's
27 recommendation.
28 (20) MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with
29 the district school board and make available to his or her
30 successor, upon retiring from office, a complete inventory of
31 school equipment and other property, together with all
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1 official records and such other records as may be needed in
2 supervising instruction and in administering the district
3 school system.
4 (21) RECOMMEND PROCEDURES FOR INFORMING GENERAL
5 PUBLIC.--Recommend to the district school board procedures
6 whereby the general public can be adequately informed of the
7 educational programs, needs, and objectives of public
8 education within the district.
9 (22) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend
10 procedures for implementing and maintaining a system of school
11 improvement and education accountability as provided by
12 statute and State Board of Education rule.
13 (23) OTHER DUTIES AND RESPONSIBILITIES.--Perform such
14 other duties as are assigned to the district school
15 superintendent by law or by rules of the State Board of
16 Education.
17 Section 72. Section 1001.52, Florida Statutes, is
18 created to read:
19 1001.52 Reproduction and destruction of district
20 school records.--
21 (1) The purpose of this section is to reduce the
22 present space required by the district school systems for the
23 storage of their records and to permit the district school
24 superintendent to administer the affairs of the district
25 school system more efficiently.
26 (2) After complying with the provisions of s. 257.37,
27 the district school superintendent may photograph,
28 microphotograph, or reproduce documents, records, data, and
29 information of a permanent character which in his or her
30 discretion he or she may select, and the district school
31 superintendent may destroy any of the said documents after
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1 they have been reproduced and after audit of the district
2 school superintendent's office has been completed for the
3 period embracing the dates of said instruments. Information
4 made in compliance with the provisions of this section shall
5 have the same force and effect as the originals thereof would
6 have, and shall be treated as originals for the purpose of
7 their admissibility into evidence. Duly certified or
8 authenticated reproductions shall be admitted into evidence
9 equally with the originals.
10 (3) After complying with the provisions of s. 257.37,
11 the district school superintendent may, in his or her
12 discretion, destroy general correspondence that is over 3
13 years old and other records, papers, and documents over 3
14 years old that do not serve as part of an agreement or
15 understanding and do not have value as permanent records.
16 Section 73. Section 1001.53, Florida Statutes, is
17 created to read:
18 1001.53 District school superintendent responsible for
19 enforcement of attendance.--The district school superintendent
20 shall be responsible for the enforcement of the attendance
21 provisions of chapters 1003 and 1006. In a district in which
22 no attendance assistant is employed, the district school
23 superintendent shall have those duties and responsibilities
24 and exercise those powers assigned by law to attendance
25 assistants.
26 Section 74. Part II.c. of chapter 1001, Florida
27 Statutes, shall be entitled "School Principals" and shall
28 consist of s. 1001.54.
29 Section 75. Section 1001.54, Florida Statutes, is
30 created to read:
31 1001.54 Duties of school principals.--
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1 (1) A district school board shall employ, through
2 written contract, public school principals. The school
3 principal has authority over school district personnel in
4 accordance with s. 1012.28.
5 (2) Each school principal shall provide leadership in
6 the development or revision and implementation of a school
7 improvement plan, pursuant to s. 1001.42(16).
8 (3) Each school principal must make the necessary
9 provisions to ensure that all school reports are accurate and
10 timely, and must provide the necessary training opportunities
11 for staff to accurately report attendance, FTE program
12 participation, student performance, teacher appraisal, and
13 school safety and discipline data.
14 (4) Each school principal is responsible for the
15 management and care of instructional materials, in accordance
16 with the provisions of chapter 1006.
17 Section 76. Part III of chapter 1001, Florida
18 Statutes, shall be entitled "Community Colleges" and shall
19 consist of ss. 1001.61-1001.65.
20 Section 77. Section 1001.61, Florida Statutes, is
21 created to read:
22 1001.61 Community college boards of trustees;
23 membership.--
24 (1) Community college boards of trustees shall be
25 comprised of five members when a community college district is
26 confined to one school board district; seven members when a
27 community college district is confined to one school board
28 district and the board of trustees so elects; and not more
29 than nine members when the district contains two or more
30 school board districts, as provided by rules of the State
31
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1 Board of Education. However, Florida Community College at
2 Jacksonville shall have an odd number of trustees.
3 (2) Trustees shall be appointed by the Governor and
4 confirmed by the Senate in regular session.
5 (3) Members of the board of trustees shall receive no
6 compensation but may receive reimbursement for expenses as
7 provided in s. 112.061.
8 (4) At its first regular meeting after July 1 of each
9 year, each community college board of trustees shall organize
10 by electing a chair, whose duty as such is to preside at all
11 meetings of the board, to call special meetings thereof, and
12 to attest to actions of the board, and a vice chair, whose
13 duty as such is to act as chair during the absence or
14 disability of the elected chair. It is the further duty of the
15 chair of each board of trustees to notify the Governor, in
16 writing, whenever a board member fails to attend three
17 consecutive regular board meetings in any one fiscal year,
18 which absences may be grounds for removal.
19 (5) A community college president shall serve as the
20 executive officer and corporate secretary of the board of
21 trustees and shall be responsible to the board of trustees for
22 setting the agenda for meetings of the board of trustees in
23 consultation with the chair. The president also serves as the
24 chief administrative officer of the community college, and all
25 the components of the institution and all aspects of its
26 operation are responsible to the board of trustees through the
27 president.
28 Section 78. Section 1001.62, Florida Statutes, is
29 created to read:
30 1001.62 Transfer of benefits arising under local or
31 special acts.--All local or special acts in force on July 1,
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1 1968, that provide benefits for a community college through a
2 district school board shall continue in full force and effect,
3 and such benefits shall be transmitted to the community
4 college board of trustees.
5 Section 79. Section 1001.63, Florida Statutes, is
6 created to read:
7 1001.63 Community college board of trustees; board of
8 trustees to constitute a corporation.--Each community college
9 board of trustees is constituted a body corporate by the name
10 of "The District Board of Trustees of ...(name of community
11 college)..., Florida" with all the powers and duties of a body
12 corporate, including the power to adopt a corporate seal, to
13 contract and be contracted with, to sue or be sued, to plead
14 and be impleaded in all courts of law or equity, and to give
15 and receive donations. In all suits against a board of
16 trustees, service of process shall be made on the chair of the
17 board of trustees or, in the absence of the chair, the
18 corporate secretary or designee of the chair.
19 Section 80. Section 1001.64, Florida Statutes, is
20 created to read:
21 1001.64 Community college boards of trustees; powers
22 and duties.--
23 (1) The boards of trustees shall be responsible for
24 cost-effective policy decisions appropriate to the community
25 college's mission, the implementation and maintenance of
26 high-quality education programs within law and rules of the
27 State Board of Education, the measurement of performance, the
28 reporting of information, and the provision of input regarding
29 state policy, budgeting, and education standards.
30 (2) Each board of trustees is vested with the
31 responsibility to govern its respective community college and
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1 with such necessary authority as is needed for the proper
2 operation and improvement thereof in accordance with rules of
3 the State Board of Education.
4 (3) A board of trustees shall have the power to take
5 action without a recommendation from the president and shall
6 have the power to require the president to deliver to the
7 board of trustees all data and information required by the
8 board of trustees in the performance of its duties.
9 (4)(a) The board of trustees, after considering
10 recommendations submitted by the community college president,
11 may adopt rules pursuant to ss. 120.536(1) and 120.54 to
12 implement the provisions of law conferring duties upon it.
13 These rules may supplement those prescribed by the State Board
14 of Education if they will contribute to the more orderly and
15 efficient operation of community colleges.
16 (b) Each board of trustees is specifically authorized
17 to adopt rules, procedures, and policies, consistent with law
18 and rules of the State Board of Education, related to its
19 mission and responsibilities as set forth in s. 1004.65, its
20 governance, personnel, budget and finance, administration,
21 programs, curriculum and instruction, buildings and grounds,
22 travel and purchasing, technology, students, contracts and
23 grants, or college property.
24 (5) Each board of trustees shall have responsibility
25 for the use, maintenance, protection, and control of community
26 college owned or community college controlled buildings and
27 grounds, property and equipment, name, trademarks and other
28 proprietary marks, and the financial and other resources of
29 the community college. Such authority may include placing
30 restrictions on activities and on access to facilities,
31 firearms, food, tobacco, alcoholic beverages, distribution of
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1 printed materials, commercial solicitation, animals, and
2 sound.
3 (6) Each board of trustees has responsibility for the
4 establishment and discontinuance of program and course
5 offerings in accordance with law and rule; provision for
6 instructional and noninstructional community services,
7 location of classes, and services provided; and dissemination
8 of information concerning such programs and services. New
9 programs must be approved pursuant to s. 1004.03.
10 (7) Each board of trustees has responsibility for:
11 ensuring that students have access to general education
12 courses as identified in rule; requiring no more than 60
13 semester hours of degree program coursework, including 36
14 semester hours of general education coursework, for an
15 associate in arts degree; notifying students that earned hours
16 in excess of 60 semester hours may not be accepted by state
17 universities; notifying students of unique program
18 prerequisites; and ensuring that degree program coursework
19 beyond general education coursework is consistent with degree
20 program prerequisite requirements adopted pursuant to s.
21 1007.25(5).
22 (8) Each board of trustees has authority for policies
23 related to students, enrollment of students, student records,
24 student activities, financial assistance, and other student
25 services.
26 (a) Each board of trustees shall govern admission of
27 students pursuant to s. 1007.263 and rules of the State Board
28 of Education. A board of trustees may establish additional
29 admissions criteria, which shall be included in the district
30 interinstitutional articulation agreement developed according
31 to s. 1007.235, to ensure student readiness for postsecondary
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1 instruction. Each board of trustees may consider the past
2 actions of any person applying for admission or enrollment and
3 may deny admission or enrollment to an applicant because of
4 misconduct if determined to be in the best interest of the
5 community college.
6 (b) Each board of trustees shall adopt rules
7 establishing student performance standards for the award of
8 degrees and certificates pursuant to s. 1004.68.
9 (c) Boards of trustees are authorized to establish
10 intrainstitutional and interinstitutional programs to maximize
11 articulation pursuant to s. 1007.22.
12 (d) Boards of trustees shall identify their core
13 curricula, which shall include courses required by the State
14 Board of Education, pursuant to the provisions of s.
15 1007.25(6).
16 (e) Each board of trustees must adopt a written
17 antihazing policy, provide a program for the enforcement of
18 such rules, and adopt appropriate penalties for violations of
19 such rules pursuant to the provisions of s. 1006.63(1)-(3).
20 (f) Each board of trustees may establish a uniform
21 code of conduct and appropriate penalties for violation of its
22 rules by students and student organizations, including rules
23 governing student academic honesty. Such penalties, unless
24 otherwise provided by law, may include fines, the withholding
25 of diplomas or transcripts pending compliance with rules or
26 payment of fines, and the imposition of probation, suspension,
27 or dismissal.
28 (g) Each board of trustees pursuant to s. 1006.53
29 shall adopt a policy in accordance with rules of the State
30 Board of Education that reasonably accommodates the religious
31 observance, practice, and belief of individual students in
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1 regard to admissions, class attendance, and the scheduling of
2 examinations and work assignments.
3 (9) A board of trustees may contract with the board of
4 trustees of a state university for the community college to
5 provide college-preparatory instruction on the state
6 university campus.
7 (10) Each board of trustees shall establish fees
8 pursuant to ss. 1009.22, 1009.23, 1009.25, 1009.26, and
9 1009.27.
10 (11) Each board of trustees shall submit an
11 institutional budget request, including a request for fixed
12 capital outlay, and an operating budget to the State Board of
13 Education for approval in accordance with guidelines
14 established by the State Board of Education.
15 (12) Each board of trustees shall account for
16 expenditures of all state, local, federal and other funds in
17 the manner described by the Department of Education.
18 (13) Each board of trustees is responsible for the
19 uses for the proceeds of academic improvement trust funds
20 pursuant to s. 1011.85.
21 (14) Each board of trustees shall develop a strategic
22 plan specifying institutional goals and objectives for the
23 community college for recommendation to the State Board of
24 Education.
25 (15) Each board of trustees shall develop an
26 accountability plan pursuant to s. 1008.45.
27 (16) Each board of trustees must expend performance
28 funds provided for workforce development education pursuant to
29 the provisions of s. 1011.80.
30
31
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1 (17) Each board of trustees is accountable for
2 performance in certificate career education and diploma
3 programs pursuant to s. 1008.44.
4 (18) Each board of trustees shall establish the
5 personnel program for all employees of the community college,
6 including the president, pursuant to the provisions of chapter
7 1012 and rules and guidelines of the State Board of Education,
8 including: compensation and other conditions of employment;
9 recruitment and selection; nonreappointment; standards for
10 performance and conduct; evaluation; benefits and hours of
11 work; leave policies; recognition; inventions and work
12 products; travel; learning opportunities; exchange programs;
13 academic freedom and responsibility; promotion; assignment;
14 demotion; transfer; ethical obligations and conflict of
15 interest; restrictive covenants; disciplinary actions;
16 complaints; appeals and grievance procedures; and separation
17 and termination from employment.
18 (19) Each board of trustees shall appoint, suspend, or
19 remove the president of the community college. The board of
20 trustees may appoint a search committee. The board of trustees
21 shall conduct annual evaluations of the president in
22 accordance with rules of the State Board of Education and
23 submit such evaluations to the State Board of Education for
24 review. The evaluation must address the achievement of the
25 performance goals established by the accountability process
26 implemented pursuant to s. 1008.45 and the performance of the
27 president in achieving the annual and long-term goals and
28 objectives established in the community college's employment
29 accountability program implemented pursuant to s. 1012.86.
30 (20) Each board of trustees is authorized to enter
31 into contracts to provide a State Community College System
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1 Optional Retirement Program pursuant to s. 1012.875 and to
2 enter into consortia with other boards of trustees for this
3 purpose.
4 (21) Each board of trustees is authorized to purchase
5 annuities for its community college personnel who have 25 or
6 more years of creditable service and who have reached age 55
7 and have applied for retirement under the Florida Retirement
8 System pursuant to the provisions of s. 1012.87.
9 (22) A board of trustees may defray all costs of
10 defending civil actions against officers, employees, or agents
11 of the board of trustees pursuant to s. 1012.85.
12 (23) Each board of trustees has authority for risk
13 management, safety, security, and law enforcement operations.
14 Each board of trustees is authorized to employ personnel,
15 including police officers pursuant to s. 1012.88, to carry out
16 the duties imposed by this subsection.
17 (24) Each board of trustees shall provide rules
18 governing parking and the direction and flow of traffic within
19 campus boundaries. Except for sworn law enforcement personnel,
20 persons employed to enforce campus parking rules have no
21 authority to arrest or issue citations for moving traffic
22 violations. The board of trustees may adopt a uniform code of
23 appropriate penalties for violations. Such penalties, unless
24 otherwise provided by law, may include the levying of fines,
25 the withholding of diplomas or transcripts pending compliance
26 with rules or payment of fines, and the imposition of
27 probation, suspension, or dismissal. Moneys collected from
28 parking rule infractions shall be deposited in appropriate
29 funds at each community college for student financial aid
30 purposes.
31
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1 (25) Each board of trustees constitutes the
2 contracting agent of the community college. It may when acting
3 as a body make contracts, sue, and be sued in the name of the
4 board of trustees. In any suit, a change in personnel of the
5 board of trustees shall not abate the suit, which shall
6 proceed as if such change had not taken place.
7 (26) Each board of trustees is authorized to contract
8 for the purchase, sale, lease, license, or acquisition in any
9 manner (including purchase by installment or lease-purchase
10 contract which may provide for the payment of interest on the
11 unpaid portion of the purchase price and for the granting of a
12 security interest in the items purchased) of goods, materials,
13 equipment, and services required by the community college. The
14 board of trustees may choose to consolidate equipment
15 contracts under master equipment financing agreements made
16 pursuant to s. 287.064.
17 (27) Each board of trustees shall be responsible for
18 managing and protecting real and personal property acquired or
19 held in trust for use by and for the benefit of such community
20 college. To that end, any board of trustees is authorized to
21 be self-insured, to enter into risk management programs, or to
22 purchase insurance for whatever coverage it may choose, or to
23 have any combination thereof, in anticipation of any loss,
24 damage, or destruction. A board of trustees may contract for
25 self-insurance services pursuant to s. 1001.64(27).
26 (28) Each board of trustees is authorized to enter
27 into agreements for, and accept, credit card, charge card, and
28 debit card payments as compensation for goods, services,
29 tuition, and fees. Each community college is further
30 authorized to establish accounts in credit card, charge card,
31 and debit card banks for the deposit of sales invoices.
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1 (29) Each board of trustees may provide incubator
2 facilities to eligible small business concerns pursuant to s.
3 1004.79.
4 (30) Each board of trustees may establish a technology
5 transfer center for the purpose of providing institutional
6 support to local business and industry and governmental
7 agencies in the application of new research in technology
8 pursuant to the provisions of s. 1004.78.
9 (31) Each board of trustees may establish economic
10 development centers for the purpose of serving as liaisons
11 between community colleges and the business sector pursuant to
12 the provisions of s. 1004.80.
13 (32) Each board of trustees may establish a child
14 development training center pursuant to s. 1004.81.
15 (33) Each board of trustees is authorized to develop
16 and produce work products relating to educational endeavors
17 that are subject to trademark, copyright, or patent statutes
18 pursuant to chapter 1004.
19 (34) Each board of trustees shall administer the
20 facilities program pursuant to chapter 1013, including but not
21 limited to: the construction of public educational and
22 ancillary plants; the acquisition and disposal of property;
23 compliance with building and life safety codes; submission of
24 data and information relating to facilities and construction;
25 use of buildings and grounds; establishment of safety and
26 sanitation programs for the protection of building occupants;
27 and site planning and selection.
28 (35) Each board of trustees may exercise the right of
29 eminent domain pursuant to the provisions of chapter 1013.
30 (36) Each board of trustees may enter into
31 lease-purchase arrangements with private individuals or
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1 corporations for necessary grounds and buildings for community
2 college purposes, other than dormitories, or for buildings
3 other than dormitories to be erected for community college
4 purposes. Such arrangements shall be paid from capital outlay
5 and debt service funds as provided by s. 1011.84(2), with
6 terms not to exceed 30 years at a stipulated rate. The
7 provisions of such contracts, including building plans, are
8 subject to approval by the Department of Education, and no
9 such contract may be entered into without such approval.
10 (37) Each board of trustees may purchase, acquire,
11 receive, hold, own, manage, lease, sell, dispose of, and
12 convey title to real property, in the best interests of the
13 community college.
14 (38) Each board of trustees is authorized to borrow
15 funds and incur debt, including entering into lease-purchase
16 agreements and the issuance of revenue bonds as specifically
17 authorized and only for the purposes authorized in ss.
18 1009.22(6) and (9) and 1009.23(11) and (12). At the option of
19 the board of trustees, bonds may be issued which are secured
20 by a combination of revenues authorized to be pledged to bonds
21 pursuant to ss. 1009.22(6) and 1009.23(11) or ss. 1009.22(9)
22 and 1009.23(12). Lease-purchase agreements may be secured by a
23 combination of revenues as specifically authorized pursuant to
24 ss. 1009.22(7) and 1009.23(10).
25 (39) Each board of trustees shall prescribe conditions
26 for direct-support organizations to be certified and to use
27 community college property and services. Conditions relating
28 to certification must provide for audit review and oversight
29 by the board of trustees.
30 (40) Each board of trustees may adopt policies
31 pursuant to s. 1010.02 that provide procedures for
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1 transferring to the direct-support organization of that
2 community college for administration by such organization
3 contributions made to the community college.
4 (41) The board of trustees shall exert every effort to
5 collect all delinquent accounts pursuant to s. 1010.03.
6 (42) Each board of trustees shall implement a plan, in
7 accordance with guidelines of the State Board of Education,
8 for working on a regular basis with the other community
9 college boards of trustees, representatives of the university
10 boards of trustees, and representatives of the district school
11 boards to achieve the goals of the seamless education system.
12 (43) Each board of trustees has responsibility for
13 compliance with state and federal laws, rules, regulations,
14 and requirements.
15 (44) Each board of trustees may adopt rules,
16 procedures, and policies related to institutional governance,
17 administration, and management in order to promote orderly and
18 efficient operation, including, but not limited to, financial
19 management, budget management, physical plant management, and
20 property management.
21 (45) Each board of trustees may adopt rules and
22 procedures related to data or technology, including, but not
23 limited to, information systems, communications systems,
24 computer hardware and software, and networks.
25 (46) Each board of trustees may consider the past
26 actions of any person applying for employment and may deny
27 employment to a person because of misconduct if determined to
28 be in the best interest of the community college.
29 Section 81. Section 1001.65, Florida Statutes, is
30 created to read:
31
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1 1001.65 Community college presidents; powers and
2 duties.--The president is the chief executive officer of the
3 community college, shall be corporate secretary of the
4 community college board of trustees, and is responsible for
5 the operation and administration of the community college.
6 Each community college president shall:
7 (1) Recommend the adoption of rules, as appropriate,
8 to the community college board of trustees to implement
9 provisions of law governing the operation and administration
10 of the community college, which shall include the specific
11 powers and duties enumerated in this section. Such rules shall
12 be consistent with law, the mission of the community college
13 and the rules and policies of the State Board of Education.
14 (2) Prepare a budget request and an operating budget
15 pursuant to s. 1011.30 for approval by the community college
16 board of trustees at such time and in such format as the State
17 Board of Education may prescribe.
18 (3) Establish and implement policies and procedures to
19 recruit, appoint, transfer, promote, compensate, evaluate,
20 reward, demote, discipline, and remove personnel, within law
21 and rules of the State Board of Education and in accordance
22 with rules or policies approved by the community college board
23 of trustees.
24 (4) Govern admissions, subject to law and rules or
25 policies of the community college board of trustees and the
26 State Board of Education.
27 (5) Approve, execute, and administer contracts for and
28 on behalf of the community college board of trustees for
29 licenses; the acquisition or provision of commodities, goods,
30 equipment, and services; leases of real and personal property;
31 and planning and construction to be rendered to or by the
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1 community college, provided such contracts are within law and
2 guidelines of the State Board of Education and in conformance
3 with policies of the community college board of trustees, and
4 are for the implementation of approved programs of the
5 community college.
6 (6) Act for the community college board of trustees as
7 custodian of all community college property and financial
8 resources. The authority vested in the community college
9 president under this subsection includes the authority to
10 prioritize the use of community college space, property,
11 equipment, and resources and the authority to impose charges
12 for the use of those items.
13 (7) Establish the internal academic calendar of the
14 community college within general guidelines of the State Board
15 of Education.
16 (8) Administer the community college's program of
17 intercollegiate athletics.
18 (9) Recommend to the board of trustees the
19 establishment and termination of programs within the approved
20 role and scope of the community college.
21 (10) Award degrees.
22 (11) Recommend to the board of trustees a schedule of
23 tuition and fees to be charged by the community college,
24 within law and rules of the State Board of Education.
25 (12) Organize the community college to efficiently and
26 effectively achieve the goals of the community college.
27 (13) Review periodically the operations of the
28 community college in order to determine how effectively and
29 efficiently the community college is being administered and
30 whether it is meeting the goals of its strategic plan adopted
31 by the State Board of Education.
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1 (14) Enter into agreements for student exchange
2 programs that involve students at the community college and
3 students in other institutions of higher learning.
4 (15) Approve the internal procedures of student
5 government organizations and provide purchasing, contracting,
6 and budgetary review processes for these organizations.
7 (16) Ensure compliance with federal and state laws,
8 rules, regulations, and other requirements that are applicable
9 to the community college.
10 (17) Maintain all data and information pertaining to
11 the operation of the community college, and report on the
12 attainment by the community college of institutional and
13 statewide performance accountability goals.
14 (18) Certify to the department a project's compliance
15 with the requirements for expenditure of PECO funds prior to
16 release of funds pursuant to the provisions of chapter 1013.
17 (19) Provide to the law enforcement agency and fire
18 department that has jurisdiction over the community college a
19 copy of the floor plans and other relevant documents for each
20 educational facility as defined in s. 1013.01(6). After the
21 initial submission of the floor plans and other relevant
22 documents, the community college president shall submit, by
23 October 1 of each year, revised floor plans and other relevant
24 documents for each educational facility that was modified
25 during the preceding year.
26 (20) Establish a committee to consider requests for
27 waivers from the provisions of s. 1008.29 and approve or
28 disapprove the committee's recommendations.
29 (21) Develop and implement jointly with school
30 superintendents a comprehensive articulated acceleration
31 program, including a comprehensive interinstitutional
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1 articulation agreement, for the students enrolled in their
2 respective school districts and service areas pursuant to the
3 provisions of s. 1007.235.
4 (22) Have authority, after notice to the student of
5 the charges and after a hearing thereon, to expel, suspend, or
6 otherwise discipline any student who is found to have violated
7 any law, ordinance, or rule or regulation of the State Board
8 of Education or of the board of trustees of the community
9 college pursuant to the provisions of s. 1006.62.
10 (23) Submit an annual employment accountability plan
11 to the Department of Education pursuant to the provisions of
12 s. 1012.86.
13 (24) Annually evaluate, or have a designee annually
14 evaluate, each department chairperson, dean, provost, and vice
15 president in achieving the annual and long-term goals and
16 objectives of the community college's employment
17 accountability plan.
18 (25) Have vested with the president or the president's
19 designee the authority that is vested with the community
20 college.
21 Section 82. Part IV of chapter 1001, Florida Statutes,
22 shall be entitled "State Universities" and shall consist of
23 ss. 1001.71-1001.75.
24 Section 83. Section 1001.71, Florida Statutes, is
25 created to read:
26 1001.71 University boards of trustees; membership.--
27 (1) University boards of trustees shall be comprised
28 of 12 members appointed by the Governor and confirmed by the
29 Senate in the regular legislative session immediately
30 following his or her appointment. In addition, the student
31 body president elected on the main campus of the university
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1 shall serve ex officio as a voting member of his or her
2 university board of trustees. There shall be no state
3 residency requirement for university board members, but the
4 Governor shall consider diversity and regional representation.
5 (2) Members of the boards of trustees shall receive no
6 compensation but may be reimbursed for travel and per diem
7 expenses as provided in s. 112.061.
8 (3) The Governor may remove a trustee upon the
9 recommendation of the State Board of Education, or for cause.
10 (4) Boards of trustees' members shall be appointed for
11 staggered 4-year terms, and may be reappointed for additional
12 terms not to exceed 8 years of service.
13 (5) Each board of trustees shall select its chair and
14 vice chair from the appointed members at its first regular
15 meeting after July 1. The chair shall serve for 2 years and
16 may be reselected for one additional consecutive term. The
17 duties of the chair shall include presiding at all meetings of
18 the board of trustees, calling special meetings of the board
19 of trustees, attesting to actions of the board of trustees,
20 and notifying the Governor in writing whenever a board member
21 fails to attend three consecutive regular board meetings in
22 any fiscal year, which failure may be grounds for removal. The
23 duty of the vice chair is to act as chair during the absence
24 or disability of the chair.
25 (6) The university president shall serve as executive
26 officer and corporate secretary of the board of trustees and
27 shall be responsible to the board of trustees for all
28 operations of the university and for setting the agenda for
29 meetings of the board of trustees in consultation with the
30 chair.
31
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1 Section 84. Section 1001.72, Florida Statutes, is
2 created to read:
3 1001.72 University boards of trustees; boards to
4 constitute a corporation.--
5 (1) Each board of trustees shall be a public body
6 corporate by the name of "The (name of university) Board of
7 Trustees," with all the powers of a body corporate, including
8 the power to adopt a corporate seal, to contract and be
9 contracted with, to sue and be sued, to plead and be impleaded
10 in all courts of law or equity, and to give and receive
11 donations. In all suits against a board of trustees, service
12 of process shall be made on the chair of the board of trustees
13 or, in the absence of the chair, on the corporate secretary or
14 designee.
15 (2) It is the intent of the Legislature that the
16 university boards of trustees are not departments of the
17 executive branch of state government within the scope and
18 meaning of s. 6, Art. IV of the State Constitution.
19 (3) The corporation is constituted as a public
20 instrumentality, and the exercise by the corporation of the
21 power conferred by this section is considered to be the
22 performance of an essential public function. The corporation
23 shall constitute an agency for the purposes of s. 120.52. The
24 corporation is subject to chapter 119, subject to exceptions
25 applicable to the corporation, and to the provisions of
26 chapter 286; however, the corporation shall be entitled to
27 provide notice of internal review committee meetings for
28 competitive proposals or procurement to applicants by mail or
29 facsimile rather than by means of publication. The corporation
30 is not governed by chapter 607, but by the provisions of this
31 part.
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1 (4) No bureau, department, division, agency, or
2 subdivision of the state shall exercise any responsibility and
3 authority to operate any state university except as
4 specifically provided by law or rules of the State Board of
5 Education. This section shall not prohibit any department,
6 bureau, division, agency, or subdivision of the state from
7 providing access to programs or systems or providing other
8 assistance to a state university pursuant to an agreement
9 between the board of trustees and such department, bureau,
10 division, agency, or subdivision of the state.
11 (5) University boards of trustees shall be
12 corporations primarily acting as instrumentalities or agencies
13 of the state, pursuant to s. 768.28(2), for purposes of
14 sovereign immunity.
15 Section 85. Section 1001.73, Florida Statutes, is
16 created to read:
17 1001.73 University board empowered to act as
18 trustee.--
19 (1) Whenever appointed by any competent court of the
20 state, or by any statute, or in any will, deed, or other
21 instrument, or in any manner whatever as trustee of any funds
22 or real or personal property in which any of the institutions
23 or agencies under its management, control, or supervision, or
24 their departments or branches or students, faculty members,
25 officers, or employees, may be interested as beneficiaries, or
26 otherwise, or for any educational purpose, a university board
27 of trustees is hereby authorized to act as trustee with full
28 legal capacity as trustee to administer such trust property,
29 and the title thereto shall vest in said board as trustee. In
30 all such cases, the university board of trustees shall have
31 the power and capacity to do and perform all things as fully
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1 as any individual trustee or other competent trustee might do
2 or perform, and with the same rights, privileges, and duties,
3 including the power, capacity, and authority to convey,
4 transfer, mortgage, or pledge such property held in trust and
5 to contract and execute all other documents relating to said
6 trust property which may be required for, or appropriate to,
7 the administration of such trust or to accomplish the purposes
8 of any such trust.
9 (2) Deeds, mortgages, leases, and other contracts of
10 the university board of trustees relating to real property of
11 any such trust or any interest therein may be executed by the
12 university board of trustees, as trustee, in the same manner
13 as is provided by the laws of the state for the execution of
14 similar documents by other corporations or may be executed by
15 the signatures of a majority of the members of the board of
16 trustees; however, to be effective, any such deed, mortgage,
17 or lease contract for more than 10 years of any trust
18 property, executed hereafter by the university board of
19 trustees, shall be approved by a resolution of the State Board
20 of Education; and such approving resolution may be evidenced
21 by the signature of either the chair or the secretary of the
22 State Board of Education to an endorsement on the instrument
23 approved, reciting the date of such approval, and bearing the
24 seal of the State Board of Education. Such signed and sealed
25 endorsement shall be a part of the instrument and entitled to
26 record without further proof.
27 (3) Any and all such appointments of, and acts by, the
28 Board of Regents as trustee of any estate, fund, or property
29 prior to May 18, 1949, are hereby validated, and said board's
30 capacity and authority to act as trustee subject to the
31 provisions of s. 1000.01(5)(a) in all of such cases is
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1 ratified and confirmed; and all deeds, conveyances, lease
2 contracts, and other contracts heretofore executed by the
3 Board of Regents, either by the signatures of a majority of
4 the members of the board or in the board's name by its chair
5 or chief executive officer, are hereby approved, ratified,
6 confirmed, and validated.
7 (4) Nothing herein shall be construed to authorize a
8 university board of trustees to contract a debt on behalf of,
9 or in any way to obligate, the state; and the satisfaction of
10 any debt or obligation incurred by the university board as
11 trustee under the provisions of this section shall be
12 exclusively from the trust property, mortgaged or encumbered;
13 and nothing herein shall in any manner affect or relate to the
14 provisions of ss. 1010.61-1010.619, or s. 1013.78.
15 Section 86. Section 1001.74, Florida Statutes, is
16 created to read:
17 1001.74 Powers and duties of university boards of
18 trustees.--
19 (1) The boards of trustees shall be responsible for
20 cost-effective policy decisions appropriate to the
21 university's mission, the implementation and maintenance of
22 high quality education programs within law and rules of the
23 State Board of Education, the measurement of performance, the
24 reporting of information, and the provision of input regarding
25 state policy, budgeting, and education standards.
26 (2) Each board of trustees is vested with the
27 authority to govern its university, as necessary to provide
28 proper governance and improvement of the university in
29 accordance with law and with rules of the State Board of
30 Education. Each board of trustees shall perform all duties
31
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1 assigned by law or by rule of the State Board of Education or
2 the Commissioner of Education.
3 (3) A board of trustees shall have the power to take
4 action without a recommendation from the president and shall
5 have the power to require the president to deliver to the
6 board of trustees all data and information required by the
7 board of trustees in the performance of its duties.
8 (4) Each board of trustees may adopt rules pursuant to
9 ss. 120.536(1) and 120.54 to implement the provisions of law
10 conferring duties upon it. Such rules must be consistent with
11 rules of the State Board of Education.
12 (5) Each board of trustees shall have the authority to
13 acquire real and personal property and contract for the sale
14 and disposal of same and approve and execute contracts for the
15 purchase, sale, lease, license, or acquisition of commodities,
16 goods, equipment, contractual services, leases of real and
17 personal property, and construction. The acquisition may
18 include purchase by installment or lease-purchase. Such
19 contracts may provide for payment of interest on the unpaid
20 portion of the purchase price. Title to all real property
21 acquired prior to January 7, 2003, and to all real property
22 acquired with funds appropriated by the Legislature shall be
23 vested in the Board of Trustees of the Internal Improvement
24 Trust Fund and shall be transferred and conveyed by it.
25 Notwithstanding any other provisions of this subsection, each
26 board of trustees shall comply with the provisions of s.
27 287.055 for the procurement of professional services as
28 defined therein.
29 (6) Each board of trustees shall have responsibility
30 for the use, maintenance, protection, and control of
31 university-owned or university-controlled buildings and
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1 grounds, property and equipment, name, trademarks and other
2 proprietary marks, and the financial and other resources of
3 the university. Such authority may include placing
4 restrictions on activities and on access to facilities,
5 firearms, food, tobacco, alcoholic beverages, distribution of
6 printed materials, commercial solicitation, animals, and
7 sound. The authority vested in the board of trustees in this
8 subsection includes the prioritization of the use of space,
9 property, equipment, and resources and the imposition of
10 charges for those items.
11 (7) Each board of trustees has responsibility for the
12 establishment and discontinuance of degree programs up to and
13 including the master's degree level; the establishment and
14 discontinuance of course offerings; provision of credit and
15 noncredit educational offerings; location of classes; services
16 provided; and dissemination of information concerning such
17 programs and services. Approval of new programs must be
18 pursuant to criteria established by the State Board of
19 Education.
20 (8) Each board of trustees is authorized to create
21 divisions of sponsored research pursuant to the provisions of
22 s. 1011.411 to serve the function of administration and
23 promotion of the programs of research.
24 (9) Each board of trustees has responsibility for:
25 ensuring that students have access to general education
26 courses as identified in rule and requiring no more than 120
27 semester hours of coursework for baccalaureate degree programs
28 unless approved by the State Board of Education. At least half
29 of the required coursework for any baccalaureate degree must
30 be offered at the lower-division level, except in program
31 areas approved by the State Board of Education.
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1 (10) Each board of trustees has responsibility for
2 policies related to students, enrollment of students, student
3 activities and organizations, financial assistance, and other
4 student services.
5 (a) Each board of trustees shall govern admission of
6 students pursuant to s. 1007.261 and rules of the State Board
7 of Education. 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 university.
12 (b) Each board of trustees shall establish student
13 performance standards for the award of degrees and
14 certificates.
15 (c) Each board of trustees must identify its core
16 curricula and work with school districts to ensure that its
17 curricula coordinate with the core curricula and prepare
18 students for college-level work.
19 (d) Each board of trustees must adopt a written
20 antihazing policy, appropriate penalties for violations of
21 such policy, and a program for enforcing such policy.
22 (e) Each board of trustees may establish a uniform
23 code of conduct and appropriate penalties for violations of
24 its rules by students and student organizations, including
25 rules governing student academic honesty. Such penalties,
26 unless otherwise provided by law, may include fines, the
27 withholding of diplomas or transcripts pending compliance with
28 rules or payment of fines, and the imposition of probation,
29 suspension, or dismissal.
30 (f) Each board of trustees shall establish a
31 committee, at least one-half of the members of which shall be
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1 students appointed by the student body president, to
2 periodically review and evaluate the student judicial system.
3 (g) Each board of trustees must adopt a policy
4 pursuant to s. 1006.53 that reasonably accommodates the
5 religious observance, practice, and belief of individual
6 students in regard to admissions, class attendance, and the
7 scheduling of examinations and work assignments.
8 (h) A board of trustees may establish
9 intrainstitutional and interinstitutional programs to maximize
10 articulation pursuant to s. 1007.22.
11 (i) Each board of trustees shall approve the internal
12 procedures of student government organizations.
13 (11) Each board of trustees shall establish fees
14 pursuant to ss. 1009.24 and 1009.26.
15 (12) Each board of trustees shall submit an
16 institutional budget request, including a request for fixed
17 capital outlay, and an operating budget to the State Board of
18 Education for approval in accordance with guidelines
19 established by the State Board of Education.
20 (13) Each board of trustees shall account for
21 expenditures of all state, local, federal, and other funds in
22 the manner described by the Department of Education.
23 (14) Each board of trustees shall develop a strategic
24 plan specifying institutional goals and objectives for the
25 university for recommendation to the State Board of Education.
26 (15) Each board of trustees shall develop an
27 accountability plan pursuant to guidelines established by the
28 State Board of Education.
29 (16) Each board of trustees shall maintain an
30 effective information system to provide accurate, timely, and
31 cost-effective information about the university.
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1 (17) Each board of trustees is authorized to secure
2 comprehensive general liability insurance pursuant to s.
3 1004.24.
4 (18) Each board of trustees may provide for payment of
5 the costs of civil actions against officers, employees, or
6 agents of the board pursuant to s. 1012.965.
7 (19) Each board of trustees shall establish the
8 personnel program for all employees of the university,
9 including the president, pursuant to the provisions of chapter
10 1012 and, in accordance with rules and guidelines of the State
11 Board of Education, including: compensation and other
12 conditions of employment, recruitment and selection,
13 nonreappointment, standards for performance and conduct,
14 evaluation, benefits and hours of work, leave policies,
15 recognition and awards, inventions and works, travel, learning
16 opportunities, exchange programs, academic freedom and
17 responsibility, promotion, assignment, demotion, transfer,
18 tenure and permanent status, ethical obligations and conflicts
19 of interest, restrictive covenants, disciplinary actions,
20 complaints, appeals and grievance procedures, and separation
21 and termination from employment.
22 (20) Each board of trustees may consider the past
23 actions of any person applying for employment and may deny
24 employment to a person because of misconduct if determined to
25 be in the best interest of the university.
26 (21) Each board of trustees shall appoint a
27 presidential search committee to make recommendations to the
28 full board of trustees, from which the board of trustees may
29 select a candidate for ratification by the State Board of
30 Education.
31
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1 (22) Each board of trustees shall conduct an annual
2 evaluation of the president in accordance with rules of the
3 State Board of Education and submit such evaluations to the
4 State Board of Education for review. The evaluation must
5 address the achievement of the performance goals established
6 by the accountability process implemented pursuant to s.
7 1008.46 and the performance of the president in achieving the
8 annual and long-term goals and objectives established in the
9 institution's employment equity accountability program
10 implemented pursuant to s. 1012.95.
11 (23) Each board of trustees constitutes the
12 contracting agent of the university.
13 (24) Each board of trustees may enter into agreements
14 for, and accept, credit card payments as compensation for
15 goods, services, tuition, and fees.
16 (25) Each board of trustees may establish educational
17 research centers for child development pursuant to s. 1011.48.
18 (26) Each board of trustees may develop and produce
19 work products relating to educational endeavors that are
20 subject to trademark, copyright, or patent statutes pursuant
21 to s. 1004.23.
22 (27) Each board of trustees shall submit to the State
23 Board of Education, for approval, all new campuses and
24 instructional centers.
25 (28) Each board of trustees shall administer a program
26 for the maintenance and construction of facilities pursuant to
27 chapter 1013.
28 (29) Each board of trustees shall ensure compliance
29 with the provisions of s. 287.09451 for all procurement and
30 ss. 255.101 and 255.102 for construction contracts, and rules
31 adopted pursuant thereto, relating to the utilization of
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1 minority business enterprises, except that procurements
2 costing less than the amount provided for in CATEGORY FIVE as
3 provided in s. 287.017 shall not be subject to s. 287.09451.
4 (30) Each board of trustees may exercise the right of
5 eminent domain pursuant to the provisions of chapter 1013. Any
6 suits or actions brought by the board of trustees shall be
7 brought in the name of the board of trustees, and the
8 Department of Legal Affairs shall conduct the proceedings for,
9 and act as the counsel of, the board of trustees.
10 (31) Notwithstanding the provisions of s. 253.025,
11 each board of trustees may, with the consent of the Board of
12 Trustees of the Internal Improvement Trust Fund, sell, convey,
13 transfer, exchange, trade, or purchase real property and
14 related improvements necessary and desirable to serve the
15 needs and purposes of the university.
16 (a) The board of trustees may secure appraisals and
17 surveys. The board of trustees shall comply with the rules of
18 the Board of Trustees of the Internal Improvement Trust Fund
19 in securing appraisals. Whenever the board of trustees finds
20 it necessary for timely property acquisition, it may contract,
21 without the need for competitive selection, with one or more
22 appraisers whose names are contained on the list of approved
23 appraisers maintained by the Division of State Lands in the
24 Department of Environmental Protection.
25 (b) The board of trustees may negotiate and enter into
26 an option contract before an appraisal is obtained. The option
27 contract must state that the final purchase price may not
28 exceed the maximum value allowed by law. The consideration for
29 such an option contract may not exceed 10 percent of the
30 estimate obtained by the board of trustees or 10 percent of
31
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1 the value of the parcel, whichever is greater, unless
2 otherwise authorized by the board of trustees.
3 (c) This subsection is not intended to abrogate in any
4 manner the authority delegated to the Board of Trustees of the
5 Internal Improvement Trust Fund or the Division of State Lands
6 to approve a contract for purchase of state lands or to
7 require policies and procedures to obtain clear legal title to
8 parcels purchased for state purposes. Title to property
9 acquired by a university board of trustees prior to January 7,
10 2003, and to property acquired with funds appropriated by the
11 Legislature shall vest in the Board of Trustees of the
12 Internal Improvement Trust Fund.
13 (32) Each board of trustees shall prepare and adopt a
14 campus master plan pursuant to s. 1013.30.
15 (33) Each board of trustees shall prepare, adopt, and
16 execute a campus development agreement pursuant to s. 1013.30.
17 (34) Each board of trustees has responsibility for
18 compliance with state and federal laws, rules, regulations,
19 and requirements.
20 (35) Each board of trustees may govern traffic on the
21 grounds of that campus pursuant to s. 1006.66.
22 (36) A board of trustees has responsibility for
23 supervising faculty practice plans for the academic health
24 science centers.
25 (37) Each board of trustees shall prescribe conditions
26 for direct-support organizations and university health
27 services support organizations to be certified and to use
28 university property and services. Conditions relating to
29 certification must provide for audit review and oversight by
30 the board of trustees.
31
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1 (38) Each board of trustees shall actively implement a
2 plan, in accordance with guidelines of the State Board of
3 Education, for working on a regular basis with the other
4 university boards of trustees, representatives of the
5 community college boards of trustees, and representatives of
6 the district school boards, to achieve the goals of the
7 seamless education system.
8 (39) Notwithstanding the provisions of s. 216.351, a
9 board of trustees may authorize the rent or lease of parking
10 facilities, provided that such facilities are funded through
11 parking fees or parking fines imposed by a university. A board
12 of trustees may authorize a university to charge fees for
13 parking at such rented or leased parking facilities.
14 (40) Each board of trustees may adopt rules and
15 procedures related to data and technology, including
16 information systems, communications systems, computer hardware
17 and software, and networks.
18 (41) A board of trustees shall perform such other
19 duties as are provided by law or rule of the State Board of
20 Education.
21 Section 87. Section 1001.75, Florida Statutes, is
22 created to read:
23 1001.75 University presidents; powers and duties.--The
24 president is the chief executive officer of the state
25 university, shall be corporate secretary of the university
26 board of trustees, and is responsible for the operation and
27 administration of the university. Each state university
28 president shall:
29 (1) Recommend the adoption of rules, as appropriate,
30 to the university board of trustees to implement provisions of
31 law governing the operation and administration of the
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1 university, which shall include the specific powers and duties
2 enumerated in this section. Such rules shall be consistent
3 with the mission of the university and the rules and policies
4 of the State Board of Education.
5 (2) Prepare a budget request and an operating budget
6 for approval by the university board of trustees.
7 (3) Establish and implement policies and procedures to
8 recruit, appoint, transfer, promote, compensate, evaluate,
9 reward, demote, discipline, and remove personnel, within law
10 and rules of the State Board of Education and in accordance
11 with rules or policies approved by the university board of
12 trustees.
13 (4) Govern admissions, subject to law and rules or
14 policies of the university board of trustees and the State
15 Board of Education.
16 (5) Approve, execute, and administer contracts for and
17 on behalf of the university board of trustees for licenses;
18 the acquisition or provision of commodities, goods, equipment,
19 and services; leases of real and personal property; and
20 planning and construction to be rendered to or by the
21 university, provided such contracts are within law and rules
22 of the State Board of Education and in conformance with
23 policies of the university board of trustees, and are for the
24 implementation of approved programs of the university.
25 University presidents shall comply with the provisions of s.
26 287.055 for the procurement of professional services and may
27 approve and execute all contracts on behalf of the board of
28 trustees for planning, construction, and equipment. For the
29 purposes of a university president's contracting authority, a
30 "continuing contract" for professional services under the
31 provisions of s. 287.055 is one in which construction costs do
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1 not exceed $1 million or the fee for study activity does not
2 exceed $100,000.
3 (6) Act for the university board of trustees as
4 custodian of all university property.
5 (7) Establish the internal academic calendar of the
6 university within general guidelines of the State Board of
7 Education.
8 (8) Administer the university's program of
9 intercollegiate athletics.
10 (9) Recommend to the board of trustees the
11 establishment and termination of undergraduate and
12 master's-level degree programs within the approved role and
13 scope of the university.
14 (10) Award degrees.
15 (11) Recommend to the board of trustees a schedule of
16 tuition and fees to be charged by the university, within law
17 and rules of the State Board of Education.
18 (12) Organize the university to efficiently and
19 effectively achieve the goals of the university.
20 (13) Review periodically the operations of the
21 university in order to determine how effectively and
22 efficiently the university is being administered and whether
23 it is meeting the goals of its strategic plan adopted by the
24 State Board of Education.
25 (14) Enter into agreements for student exchange
26 programs that involve students at the university and students
27 in other postsecondary educational institutions.
28 (15) Provide purchasing, contracting, and budgetary
29 review processes for student government organizations.
30
31
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1 (16) Ensure compliance with federal and state laws,
2 rules, regulations, and other requirements that are applicable
3 to the university.
4 (17) Maintain all data and information pertaining to
5 the operation of the university, and report on the attainment
6 by the university of institutional and statewide performance
7 accountability goals.
8 (18) Adjust property records and dispose of
9 state-owned tangible personal property in the university's
10 custody in accordance with procedures established by the
11 university board of trustees. Notwithstanding the provisions
12 of s. 273.055(5), all moneys received from the disposition of
13 state-owned tangible personal property shall be retained by
14 the university and disbursed for the acquisition of tangible
15 personal property and for all necessary operating
16 expenditures. The university shall maintain records of the
17 accounts into which such moneys are deposited.
18 (19) Have vested with the president or the president's
19 designee the powers, duties, and authority that is vested with
20 the university.
21 Section 88. Chapter 1002, Florida Statutes, shall be
22 entitled "Student and Parental Rights and Educational Choices"
23 and shall consist of ss. 1002.01-1002.44.
24 Section 89. Part I of chapter 1002, Florida Statutes,
25 shall be entitled "General Provisions" and shall consist of s.
26 1002.01.
27 Section 90. Section 1002.01, Florida Statutes, is
28 created to read:
29 1002.01 Definitions.--
30 (1) A "home education program" means the sequentially
31 progressive instruction of a student directed by his or her
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1 parent in order to satisfy the attendance requirements of ss.
2 1002.41, 1003.01(4), and 1003.21(1).
3 (2) A "private school" is a nonpublic school defined
4 as an individual, association, copartnership, or corporation,
5 or department, division, or section of such organizations,
6 that designates itself as an educational center that includes
7 kindergarten or a higher grade or as an elementary, secondary,
8 business, technical, or trade school below college level or
9 any organization that provides instructional services that
10 meet the intent of s. 1003.01(14) or that gives preemployment
11 or supplementary training in technology or in fields of trade
12 or industry or that offers academic, literary, or career and
13 technical training below college level, or any combination of
14 the above, including an institution that performs the
15 functions of the above schools through correspondence or
16 extension, except those licensed under the provisions of
17 chapter 1005. A private school may be a parochial, religious,
18 denominational, for-profit, or nonprofit school. This
19 definition does not include home education programs conducted
20 in accordance with s. 1002.41.
21 Section 91. Part II of chapter 1002, Florida Statutes,
22 shall be entitled "Student and Parental Rights" and shall
23 consist of ss. 1002.20-1002.22.
24 Section 92. Section 1002.20, Florida Statutes, is
25 created to read:
26 1002.20 K-12 student and parent rights.--K-12 students
27 and their parents are afforded numerous statutory rights
28 including, but not limited to, the following:
29 (1) SYSTEM OF EDUCATION.--In accordance with s. 1,
30 Art. IX of the State Constitution, all K-12 public school
31 students are entitled to a uniform, safe, secure, efficient,
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1 and high quality system of education, one that allows students
2 the opportunity to obtain a high quality education. Parents
3 are responsible to ready their children for school; however,
4 the State of Florida cannot be the guarantor of each
5 individual student's success.
6 (2) ATTENDANCE.--
7 (a) Compulsory school attendance.--The compulsory
8 school attendance laws apply to all children between the ages
9 of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),
10 and, in accordance with the provisions of s. 1003.21(1) and
11 (2)(a):
12 1. A student who attains the age of 16 years during
13 the school year has the right to file a formal declaration of
14 intent to terminate school enrollment if the declaration is
15 signed by the parent. The parent has the right to be notified
16 by the school district of the district's receipt of the
17 student's declaration of intent to terminate school
18 enrollment.
19 2. Students who become or have become married or who
20 are pregnant and parenting have the right to attend school and
21 receive the same or equivalent educational instruction as
22 other students.
23 (b) Regular school attendance.--Parents of students
24 who have attained the age of 6 years by February 1 of any
25 school year but who have not attained the age of 16 years must
26 comply with the compulsory school attendance laws. Parents
27 have the option to comply with the school attendance laws by
28 attendance of the student in a public school; a parochial,
29 religious, or denominational school; a private school; a home
30 education program; or a private tutoring program, in
31 accordance with the provisions of s. 1003.01(14).
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1 (c) Absence for religious purposes.--A parent of a
2 public school student may request and be granted permission
3 for absence of the student from school for religious
4 instruction or religious holidays, in accordance with the
5 provisions of s. 1003.21(2)(b).
6 (d) Dropout prevention and academic intervention
7 programs.--The parent of a public school student has the right
8 to receive written notice by certified mail prior to placement
9 of the student in a dropout prevention and academic
10 intervention program and shall be notified in writing and
11 entitled to an administrative review of any action by school
12 personnel relating to the student's placement, in accordance
13 with the provisions of s. 1003.53(5).
14 (3) HEALTH ISSUES.--
15 (a) School-entry health examinations.--The parent of
16 any child attending a public or private school shall be exempt
17 from the requirement of a health examination upon written
18 request stating objections on religious grounds in accordance
19 with the provisions of s. 1003.22(1) and (2).
20 (b) Immunizations.--The parent of any child attending
21 a public or private school shall be exempt from the school
22 immunization requirements upon meeting any of the exemptions
23 in accordance with the provisions of s. 1003.22(5).
24 (c) Biological experiments.--Parents may request that
25 their child be excused from performing surgery or dissection
26 in biological science classes in accordance with the
27 provisions of s. 1003.47.
28 (d) Reproductive health and disease education.--A
29 public school student whose parent makes written request to
30 the school principal shall be exempted from the teaching of
31
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1 reproductive health or any disease, including HIV/AIDS, in
2 accordance with the provisions of s. 1003.42(3).
3 (e) Contraceptive services to public school
4 students.--In accordance with the provisions of s.
5 1006.062(7), students may not be referred to or offered
6 contraceptive services at school facilities without the
7 parent's consent.
8 (f) Career and technical education courses involving
9 hazardous substances.--High school students must be given
10 plano safety glasses or devices in career and technical
11 education courses involving the use of hazardous substances
12 likely to cause eye injury, in accordance with the provisions
13 of s. 1006.65.
14 (g) Substance abuse reports.--The parent of a public
15 school student must be timely notified of any verified report
16 of a substance abuse violation by the student, in accordance
17 with the provisions of s. 1006.09(8).
18 (h) Inhaler use.--Asthmatic students whose parent and
19 physician provide their approval to the school principal may
20 carry a metered dose inhaler on their person while in school.
21 The school principal shall be provided a copy of the parent's
22 and physician's approval.
23 (4) DISCIPLINE.--
24 (a) Suspension of public school student.--In
25 accordance with the provisions of s. 1006.09(1)-(4):
26 1. A student may be suspended only as provided by rule
27 of the district school board. A good faith effort must be made
28 to immediately inform the parent by telephone of the student's
29 suspension and the reason. Each suspension and the reason
30 must be reported in writing within 24 hours to the parent by
31 U.S. mail. A good faith effort must be made to use parental
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1 assistance before suspension unless the situation requires
2 immediate suspension.
3 2. A student with a disability may only be recommended
4 for suspension or expulsion in accordance with State Board of
5 Education rules.
6 (b) Expulsion.--Public school students and their
7 parents have the right to written notice of a recommendation
8 of expulsion, including the charges against the student and a
9 statement of the right of the student to due process, in
10 accordance with the provisions of s. 1001.51(8).
11 (c) Corporal punishment.--In accordance with the
12 provisions of s. 1003.32, corporal punishment of a public
13 school student may only be administered by a teacher or school
14 principal within guidelines of the school principal and
15 according to district school board policy. Another adult must
16 be present and must be informed in the student's presence of
17 the reason for the punishment. Upon request, the teacher or
18 school principal must provide the parent with a written
19 explanation of the reason for the punishment and the name of
20 the other adult who was present.
21 (5) SAFETY.--In accordance with the provisions of s.
22 1006.13(5), students who have been victims of certain felony
23 offenses by other students, as well as the siblings of the
24 student victims, have the right to be kept separated from the
25 student offender both at school and during school
26 transportation.
27 (6) EDUCATIONAL CHOICE.--
28 (a) Public school choices.--Parents of public school
29 students may seek whatever public school choice options that
30 are applicable to their students and are available to students
31 in their school districts. These options may include
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1 controlled open enrollment, lab schools, charter schools,
2 charter technical career centers, magnet schools, alternative
3 schools, special programs, advanced placement, dual
4 enrollment, International Baccalaureate, early admissions,
5 credit by examination or demonstration of competency, the New
6 World School of the Arts, the Florida School for the Deaf and
7 the Blind, and the Florida Virtual School. These options may
8 also include the public school choice options of the
9 Opportunity Scholarship Program and the McKay Scholarships for
10 Students with Disabilities Program.
11 (b) Private school choices.--Parents of public school
12 students may seek private school choice options under certain
13 programs.
14 1. Under the Opportunity Scholarship Program, the
15 parent of a student in a failing public school may request and
16 receive an opportunity scholarship for the student to attend a
17 private school in accordance with the provisions of s.
18 1002.38.
19 2. Under the McKay Scholarships for Students with
20 Disabilities Program, the parent of a public school student
21 with a disability who is dissatisfied with the student's
22 progress may request and receive a McKay Scholarship for the
23 student to attend a private school in accordance with the
24 provisions of s. 1002.39.
25 3. Under the corporate income tax credit scholarship
26 program, the parent of a student who qualifies for free or
27 reduced-price school lunch may seek a scholarship from an
28 eligible nonprofit scholarship-funding organization in
29 accordance with the provisions of s. 220.187.
30
31
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1 (c) Home education.--The parent of a student may
2 choose to place the student in a home education program in
3 accordance with the provisions of s. 1002.41.
4 (d) Private tutoring.--The parent of a student may
5 choose to place the student in a private tutoring program in
6 accordance with the provisions of s. 1002.43(1).
7 (7) NONDISCRIMINATION.--All education programs,
8 activities, and opportunities offered by public educational
9 institutions must be made available without discrimination on
10 the basis of race, ethnicity, national origin, gender,
11 disability, or marital status, in accordance with the
12 provisions of s. 1000.05.
13 (8) STUDENTS WITH DISABILITIES.--Parents of public
14 school students with disabilities and parents of public school
15 students in residential care facilities are entitled to notice
16 and due process in accordance with the provisions of ss.
17 1003.57 and 1003.58. Public school students with disabilities
18 must be provided the opportunity to meet the graduation
19 requirements for a standard high school diploma in accordance
20 with the provisions of s. 1003.43(4). Certain public school
21 students with disabilities may be awarded a special diploma
22 upon high school graduation.
23 (9) BLIND STUDENTS.--Blind students have the right to
24 an individualized written education program and appropriate
25 instructional materials to attain literacy, in accordance with
26 provisions of s. 1003.55.
27 (10) LIMITED ENGLISH PROFICIENT STUDENTS.--In
28 accordance with the provisions of s. 1003.56, limited English
29 proficient students have the right to receive ESOL (English
30 for Speakers of Other Languages) instruction designed to
31 develop the student's mastery of listening, speaking, reading,
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1 and writing in English as rapidly as possible, and the
2 students' parents have the right of parental involvement in
3 the ESOL program.
4 (11) BASIC RELIGIOUS FREEDOMS.--In accordance with the
5 joint statement of current case law by the American Jewish
6 Congress, the ACLU, the Anti-Defamation League, and others:
7 (a) Right to pray.--Students have the right to pray
8 individually or in groups or to discuss their religious views
9 with their peers so long as they are not disruptive.
10 (b) Right to express.--Students may express their
11 religious beliefs in the form of reports, homework, and
12 artwork, and such expressions are constitutionally protected.
13 Teachers may not reject or correct such submissions simply
14 because they include a religious symbol or address religious
15 themes.
16 (c) Right to distribute.--Students have the right to
17 distribute religious literature to their schoolmates, subject
18 to those reasonable time, place, and manner or other
19 constitutionally acceptable restrictions imposed on the
20 distribution of all nonschool literature.
21 (d) Right to participate.--Student participation in
22 before-school or after-school events, such as "See you at the
23 pole," is permissible.
24 (e) Right to speak.--Students have the right to speak
25 to, and attempt to persuade, their peers about religious
26 topics just as they do with regard to political topics.
27 (f) Right to meet.--Student religious clubs in
28 secondary schools must be permitted to meet and to have equal
29 access to campus media to announce their meetings if a school
30 receives federal funds and permits any student noncurricular
31 club to meet during noninstructional time.
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1 (12) PLEDGE OF ALLEGIANCE.--A public school student
2 must be excused from reciting the pledge of allegiance upon
3 written request by the student's parent, in accordance with
4 the provisions of s. 1003.44.
5 (13) STUDENT RECORDS.--
6 (a) Parent rights.--Parents have rights regarding the
7 student records of their children, including right of access,
8 right of waiver of access, right to challenge and hearing, and
9 right of privacy, in accordance with the provisions of s.
10 1002.22.
11 (b) Student rights.--In accordance with the provisions
12 of s. 1008.386, a student is not required to provide his or
13 her social security number as a condition for enrollment or
14 graduation.
15 (14) STUDENT REPORT CARDS.--Students and their parents
16 have the right to receive student report cards on a regular
17 basis that clearly depict and grade the student's academic
18 performance in each class or course, the student's conduct,
19 and the student's attendance, in accordance with the
20 provisions of s. 1003.33.
21 (15) STUDENT PROGRESS REPORTS.--Parents of public
22 school students shall be apprised at regular intervals of the
23 academic progress and other needed information regarding their
24 child, in accordance with the provisions of s. 1003.02(1)(h)2.
25 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT
26 RATING REPORTS.--Parents of public school students are
27 entitled to an easy-to-read report card about the grade
28 designation, school accountability including the school
29 financial report, and school improvement rating of their
30 child's school in accordance with the provisions of ss.
31 1008.22, 1003.02(3), and 1010.215(5).
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1 (17) ATHLETICS; PUBLIC HIGH SCHOOL.--
2 (a) Eligibility.--Eligibility requirements for all
3 students participating in high school athletic competition
4 must allow a student to be eligible in the school in which he
5 or she first enrolls each school year, or makes himself or
6 herself a candidate for an athletic team by engaging in
7 practice before enrolling, in accordance with the provisions
8 of s. 1006.20(2)(a).
9 (b) Medical evaluation.--Students must satisfactorily
10 pass a medical evaluation each year before participating in
11 athletics, unless the parent objects in writing based on
12 religious tenets or practices, in accordance with the
13 provisions of s. 1006.20(2)(d).
14 (18) EXTRACURRICULAR ACTIVITIES.--In accordance with
15 the provisions of s. 1006.15:
16 (a) Eligibility.--Students who meet specified academic
17 and conduct requirements are eligible to participate in
18 extracurricular activities.
19 (b) Home education students.--Home education students
20 who meet specified academic and conduct requirements are
21 eligible to participate in extracurricular activities at the
22 public school to which the student would be assigned or could
23 choose to attend according to district school board policies,
24 or may develop an agreement to participate at a private
25 school.
26 (c) Charter school students.--Charter school students
27 who meet specified academic and conduct requirements are
28 eligible to participate in extracurricular activities at the
29 public school to which the student would be assigned or could
30 choose to attend according to district school board policies,
31
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1 unless such activity is provided by the student's charter
2 school.
3 (d) Discrimination prohibited.--Organizations that
4 regulate or govern extracurricular activities of public
5 schools shall not discriminate against any eligible student
6 based on an educational choice of public, private, or home
7 education.
8 (19) INSTRUCTIONAL MATERIALS.--
9 (a) Core courses.--Each public school student is
10 entitled to sufficient instructional materials in the core
11 courses of mathematics, language arts, social studies,
12 science, reading, and literature, in accordance with the
13 provisions of ss. 1003.02(1)(d) and 1006.40(2).
14 (b) Curricular objectives.--The parent of each public
15 school student has the right to receive effective
16 communication from the school principal as to the manner in
17 which instructional materials are used to implement the
18 school's curricular objectives, in accordance with the
19 provisions of s. 1006.28(3)(a).
20 (c) Sale of instructional materials.--Upon request of
21 the parent of a public school student, the school principal
22 must sell to the parent any instructional materials used in
23 the school, in accordance with the provisions of s.
24 1006.28(3)(c).
25 (d) Dual enrollment students.--Instructional materials
26 purchased by a district school board or community college
27 board of trustees on behalf of public school dual enrollment
28 students shall be made available to the dual enrollment
29 students free of charge, in accordance with the provisions of
30 s. 1007.271(14) and (15).
31
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1 (20) JUVENILE JUSTICE PROGRAMS.--Students who are in
2 juvenile justice programs have the right to receive
3 educational programs and services in accordance with the
4 provisions of s. 1003.52.
5 (21) PARENTAL INPUT AND MEETINGS.--
6 (a) Meetings with school district personnel.--Parents
7 of public school students may be accompanied by another adult
8 of their choice at any meeting with school district personnel.
9 (b) School district best financial management practice
10 reviews.--Public school students and their parents may provide
11 input regarding their concerns about the operations and
12 management of the school district both during and after the
13 conduct of a school district best financial management
14 practices review, in accordance with the provisions of s.
15 1008.35.
16 (c) District school board educational facilities
17 programs.--Parents of public school students and other members
18 of the public have the right to receive proper public notice
19 and opportunity for public comment regarding the district
20 school board's educational facilities work program, in
21 accordance with the provisions of s. 1013.35.
22 (22) TRANSPORTATION.--
23 (a) Transportation to school.--Public school students
24 shall be provided transportation to school, in accordance with
25 the provisions of s. 1006.21(3)(a).
26 (b) Hazardous walking conditions.--K-6 public school
27 students shall be provided transportation if they are
28 subjected to hazardous walking conditions, in accordance with
29 the provisions of ss. 1006.21(3)(b) and 1006.23.
30 (c) Parental consent.--Each parent of a public school
31 student must be notified in writing and give written consent
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1 before the student may be transported in a privately owned
2 motor vehicle to a school function, in accordance with the
3 provisions of s. 1006.22(2)(b).
4 Section 93. Section 1002.21, Florida Statutes, is
5 created to read:
6 1002.21 Postsecondary student and parent rights.--
7 (1) STUDENT RECORDS.--Parents have rights regarding
8 the student records of their children, and students 18 years
9 of age and older have rights regarding their student records,
10 including right of access, right of waiver of access, right to
11 challenge and hearing, and right of privacy, in accordance
12 with the provisions of ss. 1002.22, 1005.36, and 1006.52.
13 (2) LEARNING DISABLED STUDENTS.--Impaired and learning
14 disabled students may be eligible for reasonable substitution
15 for admission, graduation, and upper-level division
16 requirements of public postsecondary educational institutions,
17 in accordance with the provisions of s. 1007.264.
18 (3) EXPULSION, SUSPENSION, DISCIPLINE.--Public
19 postsecondary education students may be expelled, suspended,
20 or otherwise disciplined by the president of a public
21 postsecondary educational institution after notice to the
22 student of the charges and a hearing on the charges, in
23 accordance with the provisions of s. 1006.62.
24 (4) RELIGIOUS BELIEFS.--Public postsecondary
25 educational institutions must provide reasonable
26 accommodations for the religious practices and beliefs of
27 individual students in regard to admissions, class attendance,
28 and the scheduling of examinations and work assignments, in
29 accordance with the provisions of s. 1006.53, and must provide
30 and describe in the student handbook a grievance procedure for
31 students to seek redress when they feel they have been
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1 unreasonably denied an educational benefit due to their
2 religious beliefs or practices.
3 (5) STUDENT HANDBOOKS.--Each state university and
4 community college shall provide its students with an
5 up-to-date student handbook that includes student rights and
6 responsibilities, appeals processes available to students,
7 contact persons available to help students, student conduct
8 code, and information regarding HIV and AIDS, in accordance
9 with the provisions of s. 1006.50.
10 (6) STUDENT OMBUDSMAN OFFICE.--Each state university
11 and community college shall maintain a student ombudsman
12 office and established procedures for students to appeal to
13 the office regarding decisions about the student's access to
14 courses and credit granted toward the student's degree, in
15 accordance with the provisions of s. 1006.51.
16 Section 94. Section 1002.22, Florida Statutes, is
17 created to read:
18 1002.22 Student records and reports; rights of parents
19 and students; notification; penalty.--
20 (1) PURPOSE.--The purpose of this section is to
21 protect the rights of students and their parents with respect
22 to student records and reports as created, maintained, and
23 used by public educational institutions in the state. The
24 intent of the Legislature is that students and their parents
25 shall have rights of access, rights of challenge, and rights
26 of privacy with respect to such records and reports, and that
27 rules shall be available for the exercise of these rights.
28 (2) DEFINITIONS.--As used in this section:
29 (a) "Chief executive officer" means that person,
30 whether elected or appointed, who is responsible for the
31 management and administration of any public educational body
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1 or unit, or the chief executive officer's designee for student
2 records; that is, the district school superintendent, the
3 director of an area technical center, the president of a
4 public postsecondary educational institution, or their
5 designees.
6 (b) "Directory information" includes the student's
7 name, address, telephone number if it is a listed number, date
8 and place of birth, major field of study, participation in
9 officially recognized activities and sports, weight and height
10 of members of athletic teams, dates of attendance, degrees and
11 awards received, and the most recent previous educational
12 agency or institution attended by the student.
13 (c) "Records" and "reports" mean official records,
14 files, and data directly related to students that are created,
15 maintained, and used by public educational institutions,
16 including all material that is incorporated into each
17 student's cumulative record folder and intended for school use
18 or to be available to parties outside the school or school
19 system for legitimate educational or research purposes.
20 Materials that shall be considered as part of a student's
21 record include, but are not necessarily limited to:
22 identifying data, including a student's social security
23 number; academic work completed; level of achievement records,
24 including grades and standardized achievement test scores;
25 attendance data; scores on standardized intelligence,
26 aptitude, and psychological tests; interest inventory results;
27 health data; family background information; teacher or
28 counselor ratings and observations; verified reports of
29 serious or recurrent behavior patterns; and any other
30 evidence, knowledge, or information recorded in any medium,
31 including, but not limited to, handwriting, typewriting,
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1 print, magnetic tapes, film, microfilm, and microfiche, and
2 maintained and used by an educational agency or institution or
3 by a person acting for such agency or institution. However,
4 the terms "records" and "reports" do not include:
5 1. Records of instructional, supervisory, and
6 administrative personnel, and educational personnel ancillary
7 to those persons, that are kept in the sole possession of the
8 maker of the record and are not accessible or revealed to any
9 other person except a substitute for any of such persons. An
10 example of records of this type is instructor's grade books.
11 2. Records of law enforcement units of the institution
12 that are maintained solely for law enforcement purposes and
13 that are not available to persons other than officials of the
14 institution or law enforcement officials of the same
15 jurisdiction in the exercise of that jurisdiction.
16 3. Records made and maintained by the institution in
17 the normal course of business that relate exclusively to a
18 student in his or her capacity as an employee and that are not
19 available for use for any other purpose.
20 4. Records created or maintained by a physician,
21 psychiatrist, psychologist, or other recognized professional
22 or paraprofessional acting in his or her professional or
23 paraprofessional capacity, or assisting in that capacity, that
24 are created, maintained, or used only in connection with the
25 provision of treatment to the student and that are not
26 available to anyone other than persons providing such
27 treatment. However, such records shall be open to a physician
28 or other appropriate professional of the student's choice.
29 5. Directory information as defined in this section.
30 6. Other information, files, or data that do not
31 permit the personal identification of a student.
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1 7. Letters or statements of recommendation or
2 evaluation that were confidential under Florida law and that
3 were received and made a part of the student's educational
4 records prior to July 1, 1977.
5 8. Copies of the student's fingerprints. No public
6 educational institution shall maintain any report or record
7 relative to a student that includes a copy of the student's
8 fingerprints.
9 (d) "Student" means any child or adult who is enrolled
10 or who has been enrolled in any instructional program or
11 activity conducted under the authority and direction of an
12 institution comprising a part of the state system of public
13 education and with respect to whom an educational institution
14 maintains educational records and reports or personally
15 identifiable information, but does not include a person who
16 has not been in attendance as an enrollee at such institution.
17 (3) RIGHTS OF PARENT OR STUDENT.--The parent of any
18 student who attends or has attended any public school, area
19 technical center, or public postsecondary educational
20 institution shall have the following rights with respect to
21 any records or reports created, maintained, and used by any
22 public educational institution in the state. However,
23 whenever a student has attained 18 years of age, or is
24 attending a postsecondary educational institution, the
25 permission or consent required of, and the rights accorded to,
26 the parents of the student shall thereafter be required of and
27 accorded to the student only, unless the student is a
28 dependent student of such parents as defined in 26 U.S.C. s.
29 152 (s. 152 of the Internal Revenue Code of 1954). The State
30 Board of Education shall adopt rules whereby parents or
31 students may exercise these rights:
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1 (a) Right of access.--
2 1. Such parent or student shall have the right, upon
3 request directed to the appropriate school official, to be
4 provided with a list of the types of records and reports,
5 directly related to students, as maintained by the institution
6 that the student attends or has attended.
7 2. Such parent or student shall have the right, upon
8 request, to be shown any record or report relating to such
9 student maintained by any public educational institution.
10 When the record or report includes information on more than
11 one student, the parent or student shall be entitled to
12 receive, or be informed of, only that part of the record or
13 report that pertains to the student who is the subject of the
14 request. Upon a reasonable request therefor, the institution
15 shall furnish such parent or student with an explanation or
16 interpretation of any such record or report.
17 3. Copies of any list, record, or report requested
18 under the provisions of this paragraph shall be furnished to
19 the parent or student upon request.
20 4. The State Board of Education shall adopt rules to
21 be followed by all public educational institutions in granting
22 requests for lists, or for access to reports and records or
23 for copies or explanations thereof under this paragraph.
24 However, access to any report or record requested under the
25 provisions of subparagraph 2. shall be granted within 30 days
26 after receipt of such request by the institution. Fees may be
27 charged for furnishing any copies of reports or records
28 requested under subparagraph 3., but such fees shall not
29 exceed the actual cost to the institution of producing such
30 copies.
31
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1 (b) Right of waiver of access to confidential letters
2 or statements.--A parent or student shall have the right to
3 waive the right of access to letters or statements of
4 recommendation or evaluation, except that such waiver shall
5 apply to recommendations or evaluations only if:
6 1. The parent or student is, upon request, notified of
7 the names of all persons submitting confidential letters or
8 statements.
9 2. Such recommendations or evaluations are used solely
10 for the purpose for which they were specifically intended.
11
12 Such waivers may not be required as a condition for admission
13 to, receipt of financial aid from, or receipt of any other
14 services or benefits from, any public agency or public
15 educational institution in this state.
16 (c) Right to challenge and hearing.--A parent or
17 student shall have the right to challenge the content of any
18 record or report to which such person is granted access under
19 paragraph (a), in order to ensure that the record or report is
20 not inaccurate, misleading, or otherwise in violation of the
21 privacy or other rights of the student and to provide an
22 opportunity for the correction, deletion, or expunction of any
23 inaccurate, misleading, or otherwise inappropriate data or
24 material contained therein. Any challenge arising under the
25 provisions of this paragraph may be settled through informal
26 meetings or discussions between the parent or student and
27 appropriate officials of the educational institution. If the
28 parties at such a meeting agree to make corrections, to make
29 deletions, to expunge material, or to add a statement of
30 explanation or rebuttal to the file, such agreement shall be
31 reduced to writing and signed by the parties; and the
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1 appropriate school officials shall take the necessary actions
2 to implement the agreement. If the parties cannot reach an
3 agreement, upon the request of either party, a hearing shall
4 be held on such challenge under rules adopted by the State
5 Board of Education. Upon the request of the parent or student,
6 the hearing shall be exempt from the requirements of s.
7 286.011. Such rules shall include at least the following
8 provisions:
9 1. The hearing shall be conducted within a reasonable
10 period of time following the request for the hearing.
11 2. The hearing shall be conducted, and the decision
12 rendered, by an official of the educational institution or
13 other party who does not have a direct interest in the outcome
14 of the hearing.
15 3. The parent or student shall be afforded a full and
16 fair opportunity to present evidence relevant to the issues
17 raised under this paragraph.
18 4. The decision shall be rendered in writing within a
19 reasonable period of time after the conclusion of the hearing.
20 5. The appropriate school officials shall take the
21 necessary actions to implement the decision.
22 (d) Right of privacy.--Every student shall have a
23 right of privacy with respect to the educational records kept
24 on him or her. Personally identifiable records or reports of a
25 student, and any personal information contained therein, are
26 confidential and exempt from the provisions of s. 119.07(1).
27 No state or local educational agency, board, public school,
28 technical center, or public postsecondary educational
29 institution shall permit the release of such records, reports,
30 or information without the written consent of the student's
31 parent, or of the student himself or herself if he or she is
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1 qualified as provided in this subsection, to any individual,
2 agency, or organization. However, personally identifiable
3 records or reports of a student may be released to the
4 following persons or organizations without the consent of the
5 student or the student's parent:
6 1. Officials of schools, school systems, technical
7 centers, or public postsecondary educational institutions in
8 which the student seeks or intends to enroll; and a copy of
9 such records or reports shall be furnished to the parent or
10 student upon request.
11 2. Other school officials, including teachers within
12 the educational institution or agency, who have legitimate
13 educational interests in the information contained in the
14 records.
15 3. The United States Secretary of Education, the
16 Director of the National Institute of Education, the Assistant
17 Secretary for Education, the Comptroller General of the United
18 States, or state or local educational authorities who are
19 authorized to receive such information subject to the
20 conditions set forth in applicable federal statutes and
21 regulations of the United States Department of Education, or
22 in applicable state statutes and rules of the State Board of
23 Education.
24 4. Other school officials, in connection with a
25 student's application for or receipt of financial aid.
26 5. Individuals or organizations conducting studies for
27 or on behalf of an institution or a board of education for the
28 purpose of developing, validating, or administering predictive
29 tests, administering student aid programs, or improving
30 instruction, if such studies are conducted in such a manner as
31 will not permit the personal identification of students and
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1 their parents by persons other than representatives of such
2 organizations and if such information will be destroyed when
3 no longer needed for the purpose of conducting such studies.
4 6. Accrediting organizations, in order to carry out
5 their accrediting functions.
6 7. School readiness coalitions and the Florida
7 Partnership for School Readiness in order to carry out their
8 assigned duties.
9 8. For use as evidence in student expulsion hearings
10 conducted by a district school board pursuant to the
11 provisions of chapter 120.
12 9. Appropriate parties in connection with an
13 emergency, if knowledge of the information in the student's
14 educational records is necessary to protect the health or
15 safety of the student or other individuals.
16 10. The Auditor General and the Office of Program
17 Policy Analysis and Government Accountability in connection
18 with their official functions; however, except when the
19 collection of personally identifiable information is
20 specifically authorized by law, any data collected by the
21 Auditor General and the Office of Program Policy Analysis and
22 Government Accountability is confidential and exempt from the
23 provisions of s. 119.07(1) and shall be protected in such a
24 way as will not permit the personal identification of students
25 and their parents by other than the Auditor General, the
26 Office of Program Policy Analysis and Government
27 Accountability, and their staff, and such personally
28 identifiable data shall be destroyed when no longer needed for
29 the Auditor General's and the Office of Program Policy
30 Analysis and Government Accountability's official use.
31
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1 11.a. A court of competent jurisdiction in compliance
2 with an order of that court or the attorney of record pursuant
3 to a lawfully issued subpoena, upon the condition that the
4 student and the student's parent are notified of the order or
5 subpoena in advance of compliance therewith by the educational
6 institution or agency.
7 b. A person or entity pursuant to a court of competent
8 jurisdiction in compliance with an order of that court or the
9 attorney of record pursuant to a lawfully issued subpoena,
10 upon the condition that the student, or his or her parent if
11 the student is either a minor and not attending a
12 postsecondary educational institution or a dependent of such
13 parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
14 Revenue Code of 1954), is notified of the order or subpoena in
15 advance of compliance therewith by the educational institution
16 or agency.
17 12. Credit bureaus, in connection with an agreement
18 for financial aid that the student has executed, provided that
19 such information may be disclosed only to the extent necessary
20 to enforce the terms or conditions of the financial aid
21 agreement. Credit bureaus shall not release any information
22 obtained pursuant to this paragraph to any person.
23 13. Parties to an interagency agreement among the
24 Department of Juvenile Justice, school and law enforcement
25 authorities, and other signatory agencies for the purpose of
26 reducing juvenile crime and especially motor vehicle theft by
27 promoting cooperation and collaboration, and the sharing of
28 appropriate information in a joint effort to improve school
29 safety, to reduce truancy and in-school and out-of-school
30 suspensions, and to support alternatives to in-school and
31 out-of-school suspensions and expulsions that provide
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1 structured and well-supervised educational programs
2 supplemented by a coordinated overlay of other appropriate
3 services designed to correct behaviors that lead to truancy,
4 suspensions, and expulsions, and that support students in
5 successfully completing their education. Information provided
6 in furtherance of such interagency agreements is intended
7 solely for use in determining the appropriate programs and
8 services for each juvenile or the juvenile's family, or for
9 coordinating the delivery of such programs and services, and
10 as such is inadmissible in any court proceedings prior to a
11 dispositional hearing unless written consent is provided by a
12 parent or other responsible adult on behalf of the juvenile.
13
14 This paragraph does not prohibit any educational institution
15 from publishing and releasing to the general public directory
16 information relating to a student if the institution elects to
17 do so. However, no educational institution shall release, to
18 any individual, agency, or organization that is not listed in
19 subparagraphs 1.-13., directory information relating to the
20 student body in general or a portion thereof unless it is
21 normally published for the purpose of release to the public in
22 general. Any educational institution making directory
23 information public shall give public notice of the categories
24 of information that it has designated as directory information
25 with respect to all students attending the institution and
26 shall allow a reasonable period of time after such notice has
27 been given for a parent or student to inform the institution
28 in writing that any or all of the information designated
29 should not be released.
30 (4) NOTIFICATION.--Every parent and student entitled
31 to rights relating to student records and reports under the
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1 provisions of subsection (3) shall be notified annually, in
2 writing, of such rights and that the institution has a policy
3 of supporting the law; the types of information and data
4 generally entered in the student records as maintained by the
5 institution; and the procedures to be followed in order to
6 exercise such rights. The notification shall be general in
7 form and in a manner to be determined by the State Board of
8 Education and may be incorporated with other printed materials
9 distributed to students, such as being printed on the back of
10 school assignment forms or report cards for students attending
11 kindergarten or grades 1 through 12 in the public school
12 system and being printed in college catalogs or in other
13 program announcement bulletins for students attending
14 postsecondary educational institutions.
15 (5) PENALTY.--In the event that any public school
16 official or employee, district school board official or
17 employee, technical center official or employee, or public
18 postsecondary educational institution official or employee
19 refuses to comply with any of the provisions of this section,
20 the aggrieved parent or student shall have an immediate right
21 to bring an action in the circuit court to enforce the
22 violated right by injunction. Any aggrieved parent or student
23 who brings such an action and whose rights are vindicated may
24 be awarded attorney's fees and court costs.
25 (6) APPLICABILITY TO RECORDS OF DEFUNCT
26 INSTITUTIONS.--The provisions of this section also apply to
27 student records that any nonpublic educational institution
28 that is no longer operating has deposited with the district
29 school superintendent in the county where the nonpublic
30 educational institution was located.
31
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1 Section 95. Part III of chapter 1002, Florida
2 Statutes, shall be entitled "Educational Choice" and shall
3 consist of ss. 1002.31-1002.39.
4 Section 96. Section 1002.31, Florida Statutes, is
5 created to read:
6 1002.31 Public school parental choice.--
7 (1) As used in this section, "controlled open
8 enrollment" means a public education delivery system that
9 allows school districts to make student school assignments
10 using parents' indicated preferential school choice as a
11 significant factor.
12 (2) Each district school board may offer controlled
13 open enrollment within the public schools. The controlled open
14 enrollment program shall be offered in addition to the
15 existing choice programs such as magnet schools, alternative
16 schools, special programs, advanced placement, and dual
17 enrollment.
18 (3) Each district school board shall develop a
19 controlled open enrollment plan which describes the
20 implementation of subsection (2).
21 (4) School districts shall adhere to federal
22 desegregation requirements. No controlled open enrollment
23 plan that conflicts with federal desegregation orders shall be
24 implemented.
25 (5) Each school district shall develop a system of
26 priorities for its plan that includes consideration of the
27 following:
28 (a) An application process required to participate in
29 the controlled open enrollment program.
30 (b) A process that allows parents to declare school
31 preferences.
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1 (c) A process that encourages placement of siblings
2 within the same school.
3 (d) A lottery procedure used by the school district to
4 determine student assignment.
5 (e) An appeals process for hardship cases.
6 (f) The procedures to maintain socioeconomic,
7 demographic, and racial balance.
8 (g) The availability of transportation.
9 (h) A process that promotes strong parental
10 involvement, including the designation of a parent liaison.
11 (i) A strategy that establishes a clearinghouse of
12 information designed to assist parents in making informed
13 choices.
14 (6) Plans shall be submitted to the Commissioner of
15 Education. The Commissioner of Education shall develop an
16 annual report on the status of school choice and deliver the
17 report to the Governor, the President of the Senate, and the
18 Speaker of the House of Representatives at least 90 days prior
19 to the convening of the regular session of the Legislature.
20 (7) Notwithstanding any provision of this section, a
21 school district with schools operating on both multiple
22 session schedules and single session schedules shall afford
23 parents of students in multiple session schools preferred
24 access to the controlled open enrollment program of the school
25 district.
26 (8) Each district school board shall annually report
27 the number of students applying for and attending the various
28 types of public schools of choice in the district, including
29 schools such as magnet schools and public charter schools,
30 according to rules adopted by the State Board of Education.
31
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1 Section 97. Section 1002.32, Florida Statutes, is
2 created to read:
3 1002.32 Developmental research (laboratory) schools.--
4 (1) SHORT TITLE.--This section may be cited as the
5 "Sidney Martin Developmental Research School Act."
6 (2) ESTABLISHMENT.--There is established a category of
7 public schools to be known as developmental research
8 (laboratory) schools (lab schools). Each lab school shall
9 provide sequential instruction and shall be affiliated with
10 the college of education within the state university of
11 closest geographic proximity. A lab school to which a charter
12 has been issued under s. 1002.33(5)(b) must be affiliated with
13 the college of education within the state university that
14 issued the charter, but is not subject to the requirement that
15 the state university be of closest geographic proximity. For
16 the purpose of state funding, Florida Agricultural and
17 Mechanical University, Florida Atlantic University, Florida
18 State University, the University of Florida, and other
19 universities approved by the State Board of Education and the
20 Legislature are authorized to sponsor one or more lab schools.
21 (3) MISSION.--The mission of a lab school shall be the
22 provision of a vehicle for the conduct of research,
23 demonstration, and evaluation regarding management, teaching,
24 and learning. Programs to achieve the mission of a lab school
25 shall embody the goals and standards established pursuant to
26 ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate
27 education for its students.
28 (a) Each lab school shall emphasize mathematics,
29 science, computer science, and foreign languages. The primary
30 goal of a lab school is to enhance instruction and research in
31 such specialized subjects by using the resources available on
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1 a state university campus, while also providing an education
2 in nonspecialized subjects. Each lab school shall provide
3 sequential elementary and secondary instruction where
4 appropriate. A lab school may not provide instruction at grade
5 levels higher than grade 12 without authorization from the
6 State Board of Education. Each developmental research school
7 shall develop and implement a school improvement plan pursuant
8 to s. 1003.02(3).
9 (b) Research, demonstration, and evaluation conducted
10 at a lab school may be generated by the college of education
11 and other colleges within the university with which the school
12 is affiliated.
13 (c) Research, demonstration, and evaluation conducted
14 at a lab school may be generated by the State Board of
15 Education. Such research shall respond to the needs of the
16 education community at large, rather than the specific needs
17 of the affiliated college.
18 (d) Research, demonstration, and evaluation conducted
19 at a lab school may consist of pilot projects to be generated
20 by the affiliated college, the State Board of Education, or
21 the Legislature.
22 (e) The exceptional education programs offered at a
23 lab school shall be determined by the research and evaluation
24 goals and the availability of students for efficiently sized
25 programs. The fact that a lab school offers an exceptional
26 education program in no way lessens the general responsibility
27 of the local school district to provide exceptional education
28 programs.
29 (4) STUDENT ADMISSIONS.--Each lab school may establish
30 a primary research objective related to fundamental issues and
31 problems that occur in the public elementary and secondary
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1 schools of the state. A student population reflective of the
2 student population of the public school environment in which
3 the issues and problems are most prevalent shall be promoted
4 and encouraged through the establishment and implementation of
5 an admission process that is designed to result in a
6 representative sample of public school enrollment based on
7 gender, race, socioeconomic status, and academic ability,
8 notwithstanding the provisions of s. 1000.05.
9 (5) STUDENT FEES.--Each lab school may charge a
10 student activity and service fee. Any school that elects to
11 charge such a fee shall provide information regarding the use
12 of the fee as well as an annual report that documents the
13 manner in which the moneys provided by such fee were expended.
14 The annual report prescribed in this subsection shall be
15 distributed to the parents of each student. No additional fees
16 shall be charged.
17 (6) SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each lab
18 school may accrue supplemental revenue from
19 supplemental-support organizations, which include, but are not
20 limited to, alumni associations, foundations, parent-teacher
21 associations, and booster associations. The governing body of
22 each supplemental-support organization shall recommend the
23 expenditure of moneys collected by the organization for the
24 benefit of the school. Such expenditures shall be contingent
25 upon the recommendations of the school advisory council and
26 review of the director. The director may override any proposed
27 expenditure of the organization that would violate Florida
28 Statutes or breach sound educational management.
29 (7) PERSONNEL.--
30
31
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1 (a) Each lab school may employ either a director or a
2 principal, or both, at the discretion of the university. The
3 duties of such personnel shall be as follows:
4 1. Each director shall be the chief executive officer
5 and shall oversee the education, research, and evaluation
6 goals of the school. The director shall be responsible for
7 recommending policy to the advisory board. The director shall
8 be accountable for the financial resources of the school.
9 2. Each principal shall be the chief educational
10 officer and shall oversee the educational program of the
11 school. The principal shall be accountable for the daily
12 operation and administration of the school.
13 (b) Faculty may serve simultaneously as instructional
14 personnel for the lab school and the university with which the
15 school is affiliated. Nothing in this section is intended to
16 affect the collective bargaining rights of lab school
17 employees, except as specifically provided in this section.
18 (c) Lab school faculty members shall meet the
19 certification requirements of ss. 1012.32 and 1012.42.
20 (8) ADVISORY BOARDS.--Each public school in the state
21 shall establish a school advisory council that is reflective
22 of the population served by the school, pursuant to s.
23 1001.452, and is responsible for the development and
24 implementation of the school improvement plan pursuant to s.
25 1003.02(3). Lab schools shall comply with the provisions of s.
26 1001.452 in one of two ways:
27 (a) Each lab school may establish two advisory bodies
28 as follows:
29 1. An advisory body pursuant to the provisions and
30 requirements of s. 1001.452 to be responsible for the
31
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1 development and implementation of the school improvement plan,
2 pursuant to s. 1003.02(3).
3 2. An advisory board to provide general oversight and
4 guidance. The dean of the affiliated college of education
5 shall be a standing member of the board, and the president of
6 the university shall appoint four faculty members from the
7 related university, at least two of whom are from the college
8 of education, one layperson who resides in the county in which
9 the school is located, two parents of students who attend the
10 lab school, and one lab school student appointed by the
11 principal to serve on the advisory board. The term of each
12 member shall be for 2 years, and any vacancy shall be filled
13 with a person of the same classification as his or her
14 predecessor for the balance of the unexpired term. The
15 president shall stagger the terms of the initial appointees in
16 a manner that results in the expiration of terms of no more
17 than two members in any year. The president shall call the
18 organizational meeting of the board. The board shall annually
19 elect a chair and a vice chair. There shall be no limitation
20 on successive appointments to the board or successive terms
21 that may be served by a chair or vice chair. The board shall
22 adopt internal organizational procedures or bylaws necessary
23 for efficient operation as provided in chapter 120. Board
24 members shall not receive per diem or travel expenses for the
25 performance of their duties. The board shall:
26 a. Meet at least quarterly.
27 b. Monitor the operations of the school and the
28 distribution of moneys allocated for such operations.
29 c. Establish necessary policy, program, and
30 administration modifications.
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1 d. Evaluate biennially the performance of the director
2 and principal and recommend corresponding action to the dean
3 of the college of education.
4 e. Annually review evaluations of the school's
5 operation and research findings.
6 (b) Each lab school may establish one advisory body
7 responsible for the development and implementation of the
8 school improvement plan, pursuant to s. 1003.02(3), in
9 addition to general oversight and guidance responsibilities.
10 The advisory body shall reflect the membership composition
11 requirements established in s. 1001.452, but may also include
12 membership by the dean of the college of education and
13 additional members appointed by the president of the
14 university that represent faculty members from the college of
15 education, the university, or other bodies deemed appropriate
16 for the mission of the school.
17 (9) FUNDING.--Funding for a lab school, including a
18 charter lab school, shall be provided as follows:
19 (a) Each lab school shall be allocated its
20 proportional share of operating funds from the Florida
21 Education Finance Program as provided in s. 1011.62 and the
22 General Appropriations Act. The nonvoted ad valorem millage
23 that would otherwise be required for lab schools shall be
24 allocated from state funds. The required local effort funds
25 calculated pursuant to s. 1011.62 shall be allocated from
26 state funds to the schools as a part of the allocation of
27 operating funds pursuant to s. 1011.62. Each eligible lab
28 school shall also receive a proportional share of the sparsity
29 supplement as calculated pursuant to s. 1011.62. In addition,
30 each lab school shall receive its proportional share of all
31 categorical funds, with the exception of s. 1011.68, and new
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1 categorical funds enacted after July 1, 1994, for the purpose
2 of elementary or secondary academic program enhancement. The
3 sum of funds available as provided in this paragraph shall be
4 included annually in the Florida Education Finance Program and
5 appropriate categorical programs funded in the General
6 Appropriations Act.
7 (b) There is created a Lab School Educational Facility
8 Trust Fund to be administered by the Commissioner of
9 Education. Allocations from such fund shall be expended solely
10 for the purpose of facility construction, repair, renovation,
11 remodeling, site improvement, or maintenance. The commissioner
12 shall administer the fund in accordance with ss. 1013.60,
13 1013.64, 1013.65, and 1013.66.
14 (c) All operating funds provided under this section
15 shall be deposited in a Lab School Trust Fund and shall be
16 expended for the purposes of this section. The university
17 assigned a lab school shall be the fiscal agent for these
18 funds, and all rules of the university governing the budgeting
19 and expenditure of state funds shall apply to these funds
20 unless otherwise provided by law or rule of the State Board of
21 Education. The State Board of Education shall be the public
22 employer of lab school personnel for collective bargaining
23 purposes.
24 (d) Each lab school shall receive funds for operating
25 purposes in an amount determined as follows: multiply the
26 maximum allowable nonvoted discretionary millage for
27 operations pursuant to s. 1011.71(1) by the value of 95
28 percent of the current year's taxable value for school
29 purposes for the district in which each lab school is located;
30 divide the result by the total full-time equivalent membership
31 of the district; and multiply the result by the full-time
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1 equivalent membership of the lab school. The amount thus
2 obtained shall be discretionary operating funds and shall be
3 appropriated from state funds in the General Appropriations
4 Act to the Lab School Trust Fund.
5 (e) Each lab school shall receive funds for capital
6 improvement purposes in an amount determined as follows:
7 multiply the maximum allowable nonvoted discretionary millage
8 for capital improvements pursuant to s. 1011.71(2) by the
9 value of 95 percent of the current year's taxable value for
10 school purposes for the district in which each lab school is
11 located; divide the result by the total full-time equivalent
12 membership of the district; and multiply the result by the
13 full-time equivalent membership of the lab school. The amount
14 thus obtained shall be discretionary capital improvement funds
15 and shall be appropriated from state funds in the General
16 Appropriations Act to the Lab School Educational Facility
17 Trust Fund.
18 (f) In addition to the funds appropriated for capital
19 outlay budget needs, lab schools may receive specific funding
20 as specified in the General Appropriations Act for upgrading,
21 renovating, and remodeling science laboratories.
22 (g) Each lab school is designated a teacher education
23 center and may provide inservice training to school district
24 personnel. The Department of Education shall provide funds to
25 the Lab School Trust Fund for this purpose from appropriations
26 for inservice teacher education.
27 (h) A lab school to which a charter has been issued
28 under s. 1002.33(5)(b) is eligible to receive funding for
29 charter school capital outlay if it meets the eligibility
30 requirements of s. 1013.62. If the lab school receives funds
31 from charter school capital outlay, the school shall receive
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1 capital outlay funds otherwise provided in this subsection
2 only to the extent that funds allocated pursuant to s. 1013.62
3 are insufficient to provide capital outlay funds to the lab
4 school at one-fifteenth of the cost per student station.
5 (10) IMPLEMENTATION.--The State Board of Education
6 shall adopt rules necessary to facilitate the implementation
7 of this section.
8 (11) EXCEPTIONS TO LAW.--To encourage innovative
9 practices and facilitate the mission of the lab schools, in
10 addition to the exceptions to law specified in s. 1001.23(2),
11 the following exceptions shall be permitted for lab schools:
12 (a) The methods and requirements of the following
13 statutes shall be held in abeyance: ss. 1001.30; 1001.31;
14 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361;
15 1001.362; 1001.363; 1001.37; 1001.371; 1001.372; 1001.38;
16 1001.39; 1001.395; 1001.40; 1001.41; 1001.44; 1001.46;
17 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
18 1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4);
19 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
20 1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
21 1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
22 (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
23 1011.72; 1011.73; 1011.74; 1013.77; and 316.75.
24 (b) With the exception of s. 1001.42(16), s. 1001.42
25 shall be held in abeyance. Reference to district school boards
26 in s. 1001.42(16) shall mean the president of the university
27 or the president's designee.
28 Section 98. Section 1002.33, Florida Statutes, is
29 created to read:
30 1002.33 Charter schools.--
31
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1 (1) AUTHORIZATION.--Charter schools shall be part of
2 the state's program of public education. All charter schools
3 in Florida are public schools. A charter school may be formed
4 by creating a new school or converting an existing public
5 school to charter status. A public school may not use the term
6 charter in its name unless it has been approved under this
7 section.
8 (2) PURPOSE.--The purpose of charter schools shall be
9 to:
10 (a) Provide additional academic choices for parents
11 and students.
12 (b) Increase learning opportunity choices for
13 students.
14 (c) Increase learning opportunities for all students,
15 with special emphasis on expanded learning experiences for
16 students who are identified as academically low achieving.
17 (d) Encourage the use of different and innovative
18 learning methods.
19 (e) Improve student learning.
20 (f) Establish a new form of accountability for
21 schools.
22 (g) Require the measurement of learning outcomes and
23 create innovative measurement tools.
24 (h) Make the school the unit for improvement.
25 (i) Provide rigorous competition within the public
26 school district to stimulate continual improvement in all
27 public schools.
28 (j) Expand the capacity of the public school system.
29 (k) Create new professional opportunities for
30 teachers.
31 (3) APPLICATION FOR CHARTER STATUS.--
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1 (a) An application for a new charter school may be
2 made by an individual, teachers, parents, a group of
3 individuals, a municipality, or a legal entity organized under
4 the laws of this state.
5 (b) An application for a conversion charter school
6 shall be made by the district school board, the principal,
7 teachers, parents, and/or the school advisory council at an
8 existing public school that has been in operation for at least
9 2 years prior to the application to convert, including a
10 public school-within-a-school that is designated as a school
11 by the district school board. An application submitted
12 proposing to convert an existing public school to a charter
13 school shall demonstrate the support of at least 50 percent of
14 the teachers employed at the school and 50 percent of the
15 parents voting whose children are enrolled at the school,
16 provided that a majority of the parents eligible to vote
17 participate in the ballot process, according to rules adopted
18 by the State Board of Education. A district school board
19 denying an application for a conversion charter school shall
20 provide notice of denial to the applicants in writing within
21 30 days after the meeting at which the district school board
22 denied the application. The notice must specify the exact
23 reasons for denial and must provide documentation supporting
24 those reasons. A private school, parochial school, or home
25 education program shall not be eligible for charter school
26 status.
27 (4) UNLAWFUL REPRISAL.--
28 (a) No district school board, or district school board
29 employee who has control over personnel actions, shall take
30 unlawful reprisal against another district school board
31 employee because that employee is either directly or
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1 indirectly involved with an application to establish a charter
2 school. As used in this subsection, the term "unlawful
3 reprisal" means an action taken by a district school board or
4 a school system employee against an employee who is directly
5 or indirectly involved in a lawful application to establish a
6 charter school, which occurs as a direct result of that
7 involvement, and which results in one or more of the
8 following: disciplinary or corrective action; adverse transfer
9 or reassignment, whether temporary or permanent; suspension,
10 demotion, or dismissal; an unfavorable performance evaluation;
11 a reduction in pay, benefits, or rewards; elimination of the
12 employee's position absent of a reduction in workforce as a
13 result of lack of moneys or work; or other adverse significant
14 changes in duties or responsibilities that are inconsistent
15 with the employee's salary or employment classification. The
16 following procedures shall apply to an alleged unlawful
17 reprisal that occurs as a consequence of an employee's direct
18 or indirect involvement with an application to establish a
19 charter school:
20 1. Within 60 days after the date upon which a reprisal
21 prohibited by this subsection is alleged to have occurred, an
22 employee may file a complaint with the Department of
23 Education.
24 2. Within 3 working days after receiving a complaint
25 under this section, the Department of Education shall
26 acknowledge receipt of the complaint and provide copies of the
27 complaint and any other relevant preliminary information
28 available to each of the other parties named in the complaint,
29 which parties shall each acknowledge receipt of such copies to
30 the complainant.
31
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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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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 99. 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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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.