Senate Bill sb0002Dc1
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Florida Senate - 2002 CS for SB 2-D
By the Committee on Education; and Senators Villalobos and
Sullivan
304-2356-02
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, 633.445,
7 633.50, 732.402, 784.081, 817.566, 817.567,
8 877.18, 921.187, 943.10, 943.22, 944.801,
9 948.03, 984.03, 984.05, 984.151, 984.19,
10 985.03, 985.04, 985.316, and 985.412, F.S.;
11 conforming provisions and cross-references;
12 providing purpose of this act; authorizing
13 activities relating to the reorganization of
14 the Department of Education and implementation
15 of changes to the state system of education;
16 repealing s. 187.201(1), F.S., relating to the
17 education goals and policies of the State
18 Comprehensive Plan; repealing s. 2 of ch.
19 2000-181, Laws of Florida, relating to the
20 repeal of s. 236.081, F.S., effective June 30,
21 2004; repealing part I of ch. 243, F.S.,
22 relating to the educational institutions law,
23 and ch. 228, 229, 230, 231, 232, 233, 234, 235,
24 236, 237, 239, 240, 241, 242, 244, and 246,
25 F.S., relating to public education general
26 provisions, functions of state educational
27 agencies, the district school system, personnel
28 of the school system, compulsory school
29 attendance and child welfare, courses of study
30 and instructional aids, transportation of
31 school children, educational facilities,
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1 finance and taxation of schools, financial
2 accounts and expenditures for public schools,
3 vocational, adult, and community education,
4 postsecondary education, distance learning,
5 specialized state educational institutions,
6 educational compacts, and nonpublic
7 postsecondary institutions; providing for
8 construction of the act in pari materia with
9 laws enacted at the 2002 Regular Session of the
10 Legislature; providing that such laws control
11 over repealers contained in this act; providing
12 duties of the Division of Statutory Revision;
13 providing for review of ch. 1000-1013, F.S.,
14 during the 2003 Regular Session; naming certain
15 buildings and roads; directing the
16 universities, the Department of Transportation,
17 and the Department of Management Services to
18 erect markers; amending s. 110.1099, F.S.;
19 deleting a requirement that credit hours
20 generated by state employee fee waivers be
21 fundable credit hours; creating s. 381.0421,
22 F.S.; requiring that individuals enrolled in a
23 postsecondary educational institution be
24 provided information regarding meningococcal
25 meningitis and hepatitis B vaccines and, if
26 residing in on-campus housing, provide
27 documentation of vaccination against
28 meningococcal meningitis and hepatitis B, or a
29 statement declining such vaccination; directing
30 the Governor to appoint a validity panel to
31 make recommendations on the impacts of specific
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1 accommodations on statewide assessments;
2 requiring the State Board of Education to
3 develop a list of accommodations determined to
4 have a negative impact on the validity of
5 statewide assessments; requiring each district
6 school board to develop a plan for a K-12
7 foreign language curriculum; requiring
8 submission of the plan to the Commissioner of
9 Education; providing for technical assistance;
10 requiring submission of a summary report of
11 school district plans; amending s. 766.112,
12 F.S.; prescribing applicability of provisions
13 relating to comparative fault to boards of
14 trustees; amending s. 768.28, F.S.; providing
15 venue in actions brought against boards of
16 trustees; providing applicability of provisions
17 relating to waiver of sovereign immunity to
18 boards of trustees; amending s. 626.852, F.S.;
19 providing inapplicability of provisions
20 relating to insurance adjusters to employees
21 and agents of a board of trustees; amending s.
22 627.912, F.S.; requiring certain reports with
23 respect to actions for damages caused by
24 employees or agents of a board of trustees;
25 providing for application; providing for
26 severability; providing effective dates.
27
28 WHEREAS, Representative Jerry G. Melvin has served in
29 the Florida House of Representatives for 18 years, from
30 1968-1978 and 1995-2002, and is the current Dean of this great
31 institution, and
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1 WHEREAS, Representative Jerry G. Melvin served for many
2 years on the Education Appropriations Committee, chaired the
3 Education Innovation Committee from 1997 through 2000, and has
4 chaired the Council for Lifelong Learning from 2000 through
5 2002, and
6 WHEREAS, in his many years of education chairmanship,
7 Representative Jerry G. Melvin has fought tirelessly to
8 achieve the public policy goals of the House leadership, and
9 WHEREAS, in his final year of service to this House,
10 Representative Jerry G. Melvin has accomplished his crowning
11 achievement by bringing before this body, as required in last
12 year's education governance legislation, a new, clear, concise
13 revision of the entire education code that reflects the new
14 governance structure, and
15 WHEREAS, this new education code is the largest, most
16 comprehensive piece of legislation ever brought before this
17 Legislature and epitomizes the dedication and hard work of
18 Representative Jerry G. Melvin, NOW, THEREFORE,
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Chapter 1000, Florida Statutes, shall be
23 entitled "K-20 General Provisions" and shall consist of ss.
24 1000.01-1000.21.
25 Section 2. Part I of chapter 1000, Florida Statutes,
26 shall be entitled "General Provisions" and shall consist of
27 ss. 1000.01-1000.06.
28 Section 3. Section 1000.01, Florida Statutes, is
29 created to read:
30 1000.01 The Florida K-20 Education System; technical
31 provisions.--
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1 (1) NAME.--Chapters 1000 through 1013 shall be known
2 and cited as the "Florida K-20 Education Code."
3 (2) LIBERAL CONSTRUCTION.--The provisions of the
4 Florida K-20 Education Code shall be liberally construed to
5 the end that its objectives may be effected. It is the
6 legislative intent that if any section, subsection, sentence,
7 clause, or provision of the Florida K-20 Education Code is
8 held invalid, the remainder of the code shall not be affected.
9 (3) PURPOSE.--The purpose of the Florida K-20
10 Education Code is to provide by law for a state system of
11 schools, courses, classes, and educational institutions and
12 services adequate to allow, for all Florida's students, the
13 opportunity to obtain a high quality education. The Florida
14 K-20 education system is established to accomplish this
15 purpose; however, nothing in this code shall be construed to
16 require the provision of free public education beyond grade
17 12.
18 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS
19 INCLUDED.--As required by s. 1, Art. IX of the State
20 Constitution, the Florida K-20 education system shall include
21 the uniform system of free public K-12 schools. These public
22 K-12 schools shall provide 13 consecutive years of
23 instruction, beginning with kindergarten, and shall also
24 provide such instruction for students with disabilities,
25 gifted students, limited English proficient students, and
26 students in Department of Juvenile Justice programs as may be
27 required by law. The funds for support and maintenance of the
28 uniform system of free public K-12 schools shall be derived
29 from state, district, federal, and other lawful sources or
30 combinations of sources, including any fees charged
31 nonresidents as provided by law.
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1 (5) EDUCATION GOVERNANCE TRANSFERS.--
2 (a) Effective July 1, 2001:
3 1. The Board of Regents is abolished.
4 2. All of the powers, duties, functions, records,
5 personnel, and property; unexpended balances of
6 appropriations, allocations, and other funds; administrative
7 authority; administrative rules; pending issues; and existing
8 contracts of the Board of Regents are transferred by a type
9 two transfer, pursuant to s. 20.06(2), to the Florida Board of
10 Education.
11 3. The State Board of Community Colleges is abolished.
12 4. All of the powers, duties, functions, records,
13 personnel, and property; unexpended balances of
14 appropriations, allocations, and other funds; administrative
15 authority; administrative rules; pending issues; and existing
16 contracts of the State Board of Community Colleges are
17 transferred by a type two transfer, pursuant to s. 20.06(2),
18 from the Department of Education to the Florida Board of
19 Education.
20 5. The Postsecondary Education Planning Commission is
21 abolished.
22 6. The Council for Education Policy Research and
23 Improvement is created as an independent office under the
24 Office of Legislative Services.
25 7. All personnel, unexpended balances of
26 appropriations, and allocations of the Postsecondary Education
27 Planning Commission are transferred to the Council for
28 Education Policy Research and Improvement.
29 8. The Articulation Coordinating Committee and the
30 Education Standards Commission are transferred by a type two
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1 transfer, pursuant to s. 20.06(2), from the Department of
2 Education to the Florida Board of Education.
3 (b) All rules of the State Board of Education, the
4 Commissioner of Education, and the Department of Education,
5 and all rules of the district school boards, the community
6 college boards of trustees, and the state university boards of
7 trustees, in effect on January 2, 2003, remain in effect until
8 specifically amended or repealed in the manner provided by
9 law.
10 (c) Effective January 7, 2003:
11 1. The administrative rules of the Department of
12 Education and the Commissioner of Education shall become the
13 rules of the State Board of Education.
14 2. The administrative rules of the State Board of
15 Education shall become the rules of the appointed State Board
16 of Education.
17 (d) All administrative rules of the State Board of
18 Education, the Commissioner of Education, and the Department
19 of Education are transferred by a type two transfer, as
20 defined in s. 20.06(2), Florida Statutes, to the appointed
21 State Board of Education.
22 (e) This act creating the Florida K-20 Education Code
23 shall not affect the validity of any judicial or
24 administrative action involving the Department of Education,
25 pending on January 7, 2003. This act shall not affect the
26 validity of any judicial or administrative action involving
27 the Commissioner of Education or the State Board of Education,
28 pending on January 7, 2003, and the appointed State Board of
29 Education shall be substituted as a party of interest in any
30 such action.
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1 Section 4. Section 1000.02, Florida Statutes, is
2 created to read:
3 1000.02 Policy and guiding principles for the Florida
4 K-20 education system.--
5 (1) It is the policy of the Legislature:
6 (a) To achieve within existing resources a seamless
7 academic educational system that fosters an integrated
8 continuum of kindergarten through graduate school education
9 for Florida's students.
10 (b) To promote enhanced academic success and funding
11 efficiency of educational delivery systems by aligning
12 responsibility with accountability.
13 (c) To provide consistent education policy across all
14 educational delivery systems, focusing on students.
15 (d) To provide substantially improved articulation
16 across all educational delivery systems.
17 (e) To provide for the decentralization of authority
18 to the schools, community colleges, universities, and other
19 education institutions that deliver educational services to
20 the public.
21 (f) To ensure that independent education institutions
22 and home education programs maintain their independence,
23 autonomy, and nongovernmental status.
24 (2) The guiding principles for Florida's K-20
25 education system are:
26 (a) A coordinated, seamless system for kindergarten
27 through graduate school education.
28 (b) A system that is student-centered in every facet.
29 (c) A system that maximizes education access and
30 allows the opportunity for a high quality education for all
31 Floridians.
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1 (d) A system that safeguards equity and supports
2 academic excellence.
3 (e) A system that provides for local operational
4 flexibility while promoting accountability for student
5 achievement and improvement.
6 Section 5. Section 1000.03, Florida Statutes, is
7 created to read:
8 1000.03 Function, mission, and goals of the Florida
9 K-20 education system.--
10 (1) Florida's K-20 education system shall be a
11 decentralized system without excess layers of bureaucracy. The
12 State Board of Education may appoint on an ad hoc basis a
13 committee or committees to assist it on any and all issues
14 within the K-20 education system. Florida's K-20 education
15 system shall maintain a systemwide technology plan based on a
16 common set of data definitions.
17 (2)(a) The Legislature shall establish education
18 policy, enact education laws, and appropriate and allocate
19 education resources.
20 (b) The State Board of Education shall oversee the
21 enforcement of all laws and rules, and the timely provision of
22 direction, resources, assistance, intervention when needed,
23 and strong incentives and disincentives to force
24 accountability for results.
25 (c) The Commissioner of Education shall serve as chief
26 executive officer of the K-20 education system. The
27 commissioner shall be responsible for enforcing compliance
28 with the mission and goals of the K-20 education system. The
29 commissioner's office shall operate all statewide functions
30 necessary to support the State Board of Education and the K-20
31 education system.
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1 (3) Public education is a cooperative function of the
2 state and local educational authorities. The state retains
3 responsibility for establishing a system of public education
4 through laws, standards, and rules to assure efficient
5 operation of a K-20 system of public education and adequate
6 educational opportunities for all individuals. Local
7 educational authorities have a duty to fully and faithfully
8 comply with state laws, standards, and rules and to
9 efficiently use the resources available to them to assist the
10 state in allowing adequate educational opportunities.
11 (4) The mission of Florida's K-20 education system is
12 to allow its students to increase their proficiency by
13 allowing them the opportunity to expand their knowledge and
14 skills through adequate learning opportunities, in accordance
15 with the mission statement and accountability requirements of
16 s. 1008.31.
17 (5) The priorities of Florida's K-20 education system
18 include:
19 (a) Learning and completion at all levels, including
20 increased high school graduation rate and readiness for
21 postsecondary education without remediation.--All students
22 demonstrate increased learning and completion at all levels,
23 graduate from high school, and are prepared to enter
24 postsecondary education without remediation.
25 (b) Student performance.--Students demonstrate that
26 they meet the expected academic standards consistently at all
27 levels of their education.
28 (c) Alignment of standards and resources.--Academic
29 standards for every level of the K-20 education system are
30 aligned, and education financial resources are aligned with
31
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1 student performance expectations at each level of the K-20
2 education system.
3 (d) Educational leadership.--The quality of
4 educational leadership at all levels of K-20 education is
5 improved.
6 (e) Workforce education.--Workforce education is
7 appropriately aligned with the skills required by the new
8 global economy.
9 (f) Parental, student, family, educational
10 institution, and community involvement.--Parents, students,
11 families, educational institutions, and communities are
12 collaborative partners in education, and each plays an
13 important role in the success of individual students.
14 Therefore, the State of Florida cannot be the guarantor of
15 each individual student's success. The goals of Florida's K-20
16 education system are not guarantees that each individual
17 student will succeed or that each individual school will
18 perform at the level indicated in the goals.
19 Section 6. Section 1000.04, Florida Statutes, is
20 created to read:
21 1000.04 Components for the delivery of public
22 education within the Florida K-20 education system.--Florida's
23 K-20 education system provides for the delivery of public
24 education through publicly supported and controlled K-12
25 schools, community colleges, state universities and other
26 postsecondary educational institutions, other educational
27 institutions, and other educational services as provided or
28 authorized by the Constitution and laws of the state.
29 (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools
30 include charter schools and consist of kindergarten classes;
31 elementary, middle, and high school grades and special
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1 classes; workforce development education; area technical
2 centers; adult, part-time, career and technical, and evening
3 schools, courses, or classes, as authorized by law to be
4 operated under the control of district school boards; and lab
5 schools operated under the control of state universities.
6 (2) PUBLIC POSTSECONDARY EDUCATIONAL
7 INSTITUTIONS.--Public postsecondary educational institutions
8 include workforce development education; community colleges;
9 colleges; state universities; and all other state-supported
10 postsecondary educational institutions that are authorized and
11 established by law.
12 (3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.--The
13 Florida School for the Deaf and the Blind is a component of
14 the delivery of public education within Florida's K-20
15 education system.
16 (4) THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual
17 School is a component of the delivery of public education
18 within Florida's K-20 education system.
19 Section 7. Section 1000.05, Florida Statutes, is
20 created to read:
21 1000.05 Discrimination against students and employees
22 in the Florida K-20 public education system prohibited;
23 equality of access required.--
24 (1) This section may be cited as the "Florida
25 Educational Equity Act."
26 (2)(a) Discrimination on the basis of race, ethnicity,
27 national origin, gender, disability, or marital status against
28 a student or an employee in the state system of public K-20
29 education is prohibited. No person in this state shall, on the
30 basis of race, ethnicity, national origin, gender, disability,
31 or marital status, be excluded from participation in, be
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1 denied the benefits of, or be subjected to discrimination
2 under any public K-20 education program or activity, or in any
3 employment conditions or practices, conducted by a public
4 educational institution that receives or benefits from federal
5 or state financial assistance.
6 (b) The criteria for admission to a program or course
7 shall not have the effect of restricting access by persons of
8 a particular race, ethnicity, national origin, gender,
9 disability, or marital status.
10 (c) All public K-20 education classes shall be
11 available to all students without regard to race, ethnicity,
12 national origin, gender, disability, or marital status;
13 however, this is not intended to eliminate the provision of
14 programs designed to meet the needs of students with limited
15 proficiency in English, gifted students, or students with
16 disabilities or programs tailored to students with specialized
17 talents or skills.
18 (d) Students may be separated by gender for any
19 portion of a class that deals with human reproduction or
20 during participation in bodily contact sports. For the
21 purpose of this section, bodily contact sports include
22 wrestling, boxing, rugby, ice hockey, football, basketball,
23 and other sports in which the purpose or major activity
24 involves bodily contact.
25 (e) Guidance services, counseling services, and
26 financial assistance services in the state public K-20
27 education system shall be available to students equally.
28 Guidance and counseling services, materials, and promotional
29 events shall stress access to academic, career and technical
30 opportunities for students without regard to race, ethnicity,
31 national origin, gender, disability, or marital status.
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1 (3)(a) No person shall, on the basis of gender, be
2 excluded from participating in, be denied the benefits of, or
3 be treated differently from another person or otherwise be
4 discriminated against in any interscholastic, intercollegiate,
5 club, or intramural athletics offered by a public K-20
6 educational institution; and no public K-20 educational
7 institution shall provide athletics separately on such basis.
8 (b) Notwithstanding the requirements of paragraph (a),
9 a public K-20 educational institution may operate or sponsor
10 separate teams for members of each gender if the selection for
11 such teams is based upon competitive skill or the activity
12 involved is a bodily contact sport. However, when a public
13 K-20 educational institution operates or sponsors a team in a
14 particular sport for members of one gender but does not
15 operate or sponsor such a team for members of the other
16 gender, and athletic opportunities for that gender have
17 previously been limited, members of the excluded gender must
18 be allowed to try out for the team offered.
19 (c) This subsection does not prohibit the grouping of
20 students in physical education classes and activities by
21 ability as assessed by objective standards of individual
22 performance developed and applied without regard to gender.
23 However, when use of a single standard of measuring skill or
24 progress in a physical education class has an adverse effect
25 on members of one gender, the educational institution shall
26 use appropriate standards which do not have such effect.
27 (d) A public K-20 educational institution which
28 operates or sponsors interscholastic, intercollegiate, club,
29 or intramural athletics shall provide equal athletic
30 opportunity for members of both genders. In determining
31
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1 whether equal opportunities are available, the Commissioner of
2 Education shall consider, among other factors:
3 1. Whether the selection of sports and levels of
4 competition effectively accommodate the interests and
5 abilities of members of both genders.
6 2. The provision of equipment and supplies.
7 3. Scheduling of games and practice times.
8 4. Travel and per diem allowances.
9 5. Opportunities to receive coaching and academic
10 tutoring.
11 6. Assignment and compensation of coaches and tutors.
12 7. Provision of locker room, practice, and competitive
13 facilities.
14 8. Provision of medical and training facilities and
15 services.
16 9. Provision of housing and dining facilities and
17 services.
18 10. Publicity.
19
20 Unequal aggregate expenditures for members of each gender or
21 unequal expenditures for male and female teams if a public
22 K-20 educational institution operates or sponsors separate
23 teams do not constitute nonimplementation of this subsection,
24 but the Commissioner of Education shall consider the failure
25 to provide necessary funds for teams for one gender in
26 assessing equality of opportunity for members of each gender.
27 (e) A public K-20 educational institution may provide
28 separate toilet, locker room, and shower facilities on the
29 basis of gender, but such facilities shall be comparable to
30 such facilities provided for students of the other gender.
31
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1 (4) Educational institutions within the state public
2 K-20 education system shall develop and implement methods and
3 strategies to increase the participation of students of a
4 particular race, ethnicity, national origin, gender,
5 disability, or marital status in programs and courses in which
6 students of that particular race, ethnicity, national origin,
7 gender, disability, or marital status have been traditionally
8 underrepresented, including, but not limited to, mathematics,
9 science, computer technology, electronics, communications
10 technology, engineering, and career and technical education.
11 (5) The State Board of Education shall adopt rules to
12 implement this section.
13 (6) The functions of the Office of Equal Educational
14 Opportunity of the Department of Education shall include, but
15 are not limited to:
16 (a) Requiring all district school boards, community
17 college boards of trustees, and state university boards of
18 trustees to develop and submit plans for the implementation of
19 this section to the Department of Education.
20 (b) Conducting periodic reviews of public K-20
21 educational agencies to determine compliance with this section
22 and, after a finding that an educational agency is not in
23 compliance with this section, notifying the agency of the
24 steps that it must take to attain compliance and performing
25 followup monitoring.
26 (c) Providing technical assistance, including
27 assisting public K-20 educational agencies in identifying
28 unlawful discrimination and instructing them in remedies for
29 correction and prevention of such discrimination and
30 performing followup monitoring.
31
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1 (d) Conducting studies of the effectiveness of methods
2 and strategies designed to increase the participation of
3 students in programs and courses in which students of a
4 particular race, ethnicity, national origin, gender,
5 disability, or marital status have been traditionally
6 underrepresented and monitoring the success of students in
7 such programs or courses, including performing followup
8 monitoring.
9 (e) Requiring all district school boards, community
10 college boards of trustees, and state university boards of
11 trustees to submit data and information necessary to determine
12 compliance with this section. The Commissioner of Education
13 shall prescribe the format and the date for submission of such
14 data and any other educational equity data. If any board does
15 not submit the required compliance data or other required
16 educational equity data by the prescribed date, the
17 commissioner shall notify the board of this fact and, if the
18 board does not take appropriate action to immediately submit
19 the required report, the State Board of Education shall impose
20 monetary sanctions.
21 (f) Based upon rules of the State Board of Education,
22 developing and implementing enforcement mechanisms with
23 appropriate penalties to ensure that public K-12 schools,
24 community colleges, and state universities comply with Title
25 IX of the Education Amendments of 1972 and subsection (3) of
26 this section. However, the State Board of Education may not
27 force an educational agency to conduct, nor penalize an
28 educational agency for not conducting, a program of athletic
29 activity or athletic scholarship for female athletes unless it
30 is an athletic activity approved for women by a recognized
31 association whose purpose is to promote athletics and a
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1 conference or league exists to promote interscholastic or
2 intercollegiate competition for women in that athletic
3 activity.
4 (g) Reporting to the Commissioner of Education any
5 district school board, community college board of trustees, or
6 state university board of trustees found to be out of
7 compliance with rules of the State Board of Education adopted
8 as required by paragraph (f) or paragraph (3)(d). To penalize
9 the board, the State Board of Education shall:
10 1. Declare the educational agency ineligible for
11 competitive state grants.
12 2. Notwithstanding the provisions of s. 216.192,
13 direct the Comptroller to withhold general revenue funds
14 sufficient to obtain compliance from the educational agency.
15
16 The educational agency shall remain ineligible and the funds
17 shall not be paid until the agency comes into compliance or
18 the State Board of Education approves a plan for compliance.
19 (7) A person aggrieved by a violation of this section
20 or a violation of a rule adopted under this section has a
21 right of action for such equitable relief as the court may
22 determine. The court may also award reasonable attorney's
23 fees and court costs to a prevailing party.
24 Section 8. Section 1000.06, Florida Statutes, is
25 created to read:
26 1000.06 Display of flags.--Every public K-20
27 educational institution that is provided or authorized by the
28 Constitution and laws of Florida shall display daily the flag
29 of the United States and the official flag of Florida when the
30 weather permits upon one building or on a suitable flagstaff
31 upon the grounds of each public postsecondary educational
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1 institution and upon every district school board building or
2 grounds except when the institution or school is closed for
3 vacation, provided that, if two or more buildings are located
4 on the same or on adjacent sites, one flag may be displayed
5 for the entire group of buildings.
6 Section 9. Part II of chapter 1000, Florida Statutes,
7 shall be entitled "Systemwide Definitions" and shall consist
8 of s. 1000.21.
9 Section 10. Section 1000.21, Florida Statutes, is
10 created to read:
11 1000.21 Systemwide definitions.--As used in the
12 Florida K-20 Education Code:
13 (1) "Articulation" is the systematic coordination that
14 provides the means by which students proceed toward their
15 educational objectives in as rapid and student-friendly manner
16 as their circumstances permit, from grade level to grade
17 level, from elementary to middle to high school, to and
18 through postsecondary education, and when transferring from
19 one educational institution or program to another.
20 (2) "Commissioner" is the Commissioner of Education.
21 (3) "Community college," except as otherwise
22 specifically provided, includes the following institutions and
23 any branch campuses, centers, or other affiliates of the
24 institution:
25 (a) Brevard Community College.
26 (b) Broward Community College.
27 (c) Central Florida Community College.
28 (d) Chipola Junior College.
29 (e) Daytona Beach Community College.
30 (f) Edison Community College.
31 (g) Florida Community College at Jacksonville.
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1 (h) Florida Keys Community College.
2 (i) Gulf Coast Community College.
3 (j) Hillsborough Community College.
4 (k) Indian River Community College.
5 (l) Lake City Community College.
6 (m) Lake-Sumter Community College.
7 (n) Manatee Community College.
8 (o) Miami-Dade Community College.
9 (p) North Florida Community College.
10 (q) Okaloosa-Walton Community College.
11 (r) Palm Beach Community College.
12 (s) Pasco-Hernando Community College.
13 (t) Pensacola Junior College.
14 (u) Polk Community College.
15 (v) St. Johns River Community College.
16 (w) St. Petersburg College.
17 (x) Santa Fe Community College.
18 (y) Seminole Community College.
19 (z) South Florida Community College.
20 (aa) Tallahassee Community College.
21 (bb) Valencia Community College.
22 (4) "Department" is the Department of Education.
23 (5) "Parent" is either or both parents of a student,
24 any guardian of a student, any person in a parental
25 relationship to a student, or any person exercising
26 supervisory authority over a student in place of the parent.
27 (6) "State university," except as otherwise
28 specifically provided, includes the following institutions and
29 any branch campuses, centers, or other affiliates of the
30 institution:
31 (a) The University of Florida.
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1 (b) The Florida State University.
2 (c) The Florida Agricultural and Mechanical
3 University.
4 (d) The University of South Florida.
5 (e) The Florida Atlantic University.
6 (f) The University of West Florida.
7 (g) The University of Central Florida.
8 (h) The University of North Florida.
9 (i) The Florida International University.
10 (j) The Florida Gulf Coast University.
11 (k) New College of Florida.
12 (7) "Sunshine State Standards" are standards that
13 identify what public school students should know and be able
14 to do. These standards delineate the academic achievement of
15 students for which the state will hold its public schools
16 accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects
17 of language arts, mathematics, science, social studies, the
18 arts, health and physical education, foreign languages,
19 reading, writing, history, government, geography, economics,
20 and computer literacy.
21 Section 11. Part III of chapter 1000, Florida
22 Statutes, shall be entitled "Educational Compacts" and shall
23 consist of ss. 1000.31-1000.34.
24 Section 12. Section 1000.31, Florida Statutes, is
25 created to read:
26 1000.31 Regional education; state policy.--It is
27 hereby declared to be the policy of the state to promote the
28 development and maintenance of regional education services and
29 facilities in the Southern States in the professional,
30 technological, scientific, literary and other fields so as to
31 provide greater educational advantages for the citizens of the
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1 state and the citizens in the several states in said region;
2 and it is found and determined by the Legislature of the state
3 that greater educational advantages and facilities for the
4 citizens of the state in certain phases of the professional,
5 technological, scientific, literary and other fields in
6 education can best be accomplished by the development and
7 maintenance of regional educational services and facilities,
8 under the plan embodied in "The Regional Pact" hereinafter
9 adopted; and this law shall be liberally construed to
10 accomplish such purposes.
11 Section 13. Section 1000.32, Florida Statutes, is
12 created to read:
13 1000.32 Regional compact.--The compact entered into by
14 the state and other Southern States by and through their
15 respective governors on February 8, 1948, as amended, relative
16 to the development and maintenance of regional education
17 services and schools in the Southern States in the
18 professional, technological, scientific, literary and other
19 fields so as to promote greater educational facilities for the
20 citizens of the several states who reside in said region, a
21 copy of said compact, as amended, being as follows:
22
23 THE REGIONAL COMPACT
24 (as amended)
25
26 WHEREAS, The States who are parties hereto have during
27 the past several years conducted careful investigation looking
28 toward the establishment and maintenance of jointly owned and
29 operated regional educational institutions in the Southern
30 States in the professional, technological, scientific,
31 literary, and other fields, so as to provide greater
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1 educational advantages and facilities for the citizens of the
2 several states who reside within such region; and
3 WHEREAS, Meharry Medical College of Nashville,
4 Tennessee, has proposed that its lands, buildings, equipment,
5 and the net income from its endowment be turned over to the
6 Southern States, or to an agency acting in their behalf, to be
7 operated as a regional institution for medical, dental and
8 nursing education upon terms and conditions to be hereafter
9 agreed upon between the Southern States and Meharry Medical
10 College, which proposal, because of the present financial
11 condition of the institution, has been approved by the said
12 states who are parties hereto; and
13 WHEREAS, the said states desire to enter into a compact
14 with each other providing for the planning and establishment
15 of regional educational facilities;
16 NOW, THEREFORE, in consideration of the mutual
17 agreements, covenants and obligations assumed by the
18 respective states who are parties hereto (hereinafter referred
19 to as "states"), the said several states do hereby form a
20 geographical district or region consisting of the areas lying
21 within the boundaries of the contracting states which, for the
22 purposes of this compact, shall constitute an area for
23 regional education supported by public funds derived from
24 taxation by the constituent states and derived from other
25 sources for the establishment, acquisition, operation and
26 maintenance of regional educational schools and institutions
27 for the benefit of citizens of the respective states residing
28 within the region so established as may be determined from
29 time to time in accordance with the terms and provisions of
30 this compact.
31
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1 The states do further hereby establish and create a
2 joint agency which shall be known as the Board of Control for
3 Southern Regional Education (hereinafter referred to as the
4 "board"), the members of which board shall consist of the
5 governor of each state, ex officio, and four additional
6 citizens of each state to be appointed by the governor
7 thereof, at least one of whom shall be selected from the field
8 of education, and at least one of whom shall be a member of
9 the legislature of that state. The governor shall continue as
10 a member of the board during his or her tenure of office as
11 governor of the state, but the members of the board appointed
12 by the governor shall hold office for a period of four years
13 except that in the original appointments one board member so
14 appointed by the governor shall be designated at the time of
15 his or her appointment to serve an initial term of two years,
16 one board member to serve an initial term of three years, and
17 the remaining board member to serve the full term of four
18 years, but thereafter the successor of each appointed board
19 member shall serve the full term of four years. Vacancies on
20 the board caused by death, resignation, refusal or inability
21 to serve, shall be filled by appointment by the governor for
22 the unexpired portion of the term. The officers of the board
23 shall be a chair, a vice chair, a secretary, a treasurer, and
24 such additional officers as may be created by the board from
25 time to time. The board shall meet annually and officers
26 shall be elected to hold office until the next annual meeting.
27 The board shall have the right to formulate and establish
28 bylaws not inconsistent with the provisions of this compact to
29 govern its own actions in the performance of the duties
30 delegated to it including the right to create and appoint an
31 executive committee and a finance committee with such powers
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1 and authority as the board may delegate to them from time to
2 time. The board may, within its discretion, elect as its
3 chair a person who is not a member of the board, provided such
4 person resides within a signatory state, and upon such
5 election such person shall become a member of the board with
6 all the rights and privileges of such membership. This
7 paragraph as amended in 1957 shall be effective when eight or
8 more of the states party to the compact have given legislative
9 approval to the amendment.
10 It shall be the duty of the board to submit plans and
11 recommendations to the states from time to time for their
12 approval and adoption by appropriate legislative action for
13 the development, establishment, acquisition, operation and
14 maintenance of educational schools and institutions within the
15 geographical limits of the regional area of the states, of
16 such character and type and for such educational purposes,
17 professional, technological, scientific, literary, or
18 otherwise, as they may deem and determine to be proper,
19 necessary or advisable. Title to all such educational
20 institutions when so established by appropriate legislative
21 actions of the states and to all properties and facilities
22 used in connection therewith shall be vested in said board as
23 the agency of and for the use and benefit of the said states
24 and the citizens thereof, and all such educational
25 institutions shall be operated, maintained and financed in the
26 manner herein set out, subject to any provisions or
27 limitations which may be contained in the legislative acts of
28 the states authorizing the creation, establishment and
29 operation of such educational institutions.
30 In addition to the power and authority heretofore
31 granted, the board shall have the power to enter into such
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1 agreements or arrangements with any of the states and with
2 educational institutions or agencies, as may be required in
3 the judgment of the board, to provide adequate services and
4 facilities for the graduate, professional, and technical
5 education for the benefit of the citizens of the respective
6 states residing within the region, and such additional and
7 general power and authority as may be vested in the board from
8 time to time by legislative enactment of the said states.
9 Any two or more states who are parties of this compact
10 shall have the right to enter into supplemental agreements
11 providing for the establishment, financing and operation of
12 regional educational institutions for the benefit of citizens
13 residing within an area which constitutes a portion of the
14 general region herein created, such institutions to be
15 financed exclusively by such states and to be controlled
16 exclusively by the members of the board representing such
17 states provided such agreement is submitted to and approved by
18 the board prior to the establishment of such institutions.
19 Each state agrees that, when authorized by the
20 legislature, it will from time to time make available and pay
21 over to said board such funds as may be required for the
22 establishment, acquisition, operation and maintenance of such
23 regional educational institutions as may be authorized by the
24 states under the terms of this compact, the contribution of
25 each state at all times to be in the proportion that its
26 population bears to the total combined population of the
27 states who are parties hereto as shown from time to time by
28 the most recent official published report of the bureau of the
29 census of the United States of America; or upon such other
30 basis as may be agreed upon.
31
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1 This compact shall not take effect or be binding upon
2 any state unless and until it shall be approved by proper
3 legislative action of as many as six or more of the states
4 whose governors have subscribed hereto within a period of
5 eighteen months from the date hereof. When and if six or more
6 states shall have given legislative approval to this compact
7 within said eighteen months period, it shall be and become
8 binding upon such six or more states sixty days after the date
9 of legislative approval by the sixth state and the governors
10 of such six or more states shall forthwith name the members of
11 the board from their states as hereinabove set out, and the
12 board shall then meet on call of the governor of any state
13 approving this compact, at which time the board shall elect
14 officers, adopt bylaws, appoint committees and otherwise fully
15 organize. Other states whose names are subscribed hereto
16 shall thereafter become parties hereto upon approval of this
17 compact by legislative action within two years from the date
18 hereof, upon such conditions as may be agreed upon at the
19 time. Provided, however, that with respect to any state whose
20 constitution may require amendment in order to permit
21 legislative approval of the compact, such state or states
22 shall become parties hereto upon approval of this compact by
23 legislative action within seven years from the date hereof,
24 upon such conditions as may be agreed upon at the time.
25 After becoming effective this compact shall thereafter
26 continue without limitation of time; provided, however, that
27 it may be terminated at any time by unanimous action of the
28 states and provided further that any state may withdraw from
29 this compact if such withdrawal is approved by its
30 legislature, such withdrawal to become effective two years
31 after written notice thereof to the board accompanied by a
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1 certified copy of the requisite legislative action, but such
2 withdrawal shall not relieve the withdrawing state from its
3 obligations hereunder accruing up to the effective date of
4 such withdrawal. Any state so withdrawing shall ipso facto
5 cease to have any claim to or ownership of any of the property
6 held or vested in the board or to any of the funds of the
7 board held under the terms of this compact.
8 If any state shall at any time become in default in the
9 performance of any of its obligations assumed herein or with
10 respect to any obligation imposed upon said state as
11 authorized by and in compliance with the terms and provisions
12 of this compact, all rights, privileges and benefits of such
13 defaulting state, its members on the board and its citizens
14 shall ipso facto be and become suspended from and after the
15 date of such default. Unless such default shall be remedied
16 and made good within a period of one year immediately
17 following the date of such default this compact may be
18 terminated with respect to such defaulting state by an
19 affirmative vote of three-fourths of the members of the board
20 (exclusive of the members representing the state in default),
21 from and after which time such state shall cease to be a party
22 to this compact and shall have no further claim to or
23 ownership of any of the property held by or vested in the
24 board or to any of the funds of the board held under the terms
25 of this compact, but such termination shall in no manner
26 release such defaulting state from any accrued obligation or
27 otherwise affect this compact or the rights, duties,
28 privileges or obligations of the remaining states thereunder.
29 IN WITNESS WHEREOF this compact has been approved and
30 signed by governors of the several states, subject to the
31
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1 approval of their respective legislatures in the manner
2 hereinabove set out, as of the 8th day of February, 1948.
3 STATE OF FLORIDA BY Millard F. Caldwell, Governor.
4 STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor. STATE
5 OF GEORGIA BY M. E. Thompson, Governor. STATE OF LOUISIANA
6 BY J. H. Davis, Governor. STATE OF ALABAMA BY James E.
7 Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,
8 Governor. STATE OF TENNESSEE BY Jim McCord, Governor. STATE
9 OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA
10 BY Wm. M. Tuck, Governor. STATE OF NORTH CAROLINA BY R. Gregg
11 Cherry, Governor. STATE OF SOUTH CAROLINA BY J. Strom
12 Thurmond, Governor. STATE OF TEXAS BY Beauford H. Jester,
13 Governor. STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE
14 OF WEST VIRGINIA BY Clarence W. Meadows, Governor.
15
16 be and the same is hereby approved and the State of Florida is
17 hereby declared to be a party to said compact and the
18 agreements, covenants and obligations contained therein are
19 hereby declared to be binding upon the State of Florida.
20 Section 14. Section 1000.33, Florida Statutes, is
21 created to read:
22 1000.33 Copies to other states approving.--After the
23 effective date of this law the Secretary of State of Florida
24 shall furnish to each of the states approving the said compact
25 an engrossed copy of this bill.
26 Section 15. Section 1000.34, Florida Statutes, is
27 created to read:
28 1000.34 Member jurisdictions.--The compact for
29 education is entered into with all jurisdictions legally
30 joining therein and enacted into law in the following form:
31
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1 COMPACT FOR EDUCATION
2
3 ARTICLE I
4
5 PURPOSE AND POLICY.--
6 A. It is the purpose of this compact to:
7 1. Establish and maintain close cooperation and
8 understanding among executive, legislative, professional
9 educational and lay leadership on a nationwide basis at the
10 state and local levels.
11 2. Provide a forum for the discussion, development,
12 crystallization and recommendation of public policy
13 alternatives in the field of education.
14 3. Provide a clearinghouse of information on matters
15 relating to educational problems and how they are being met in
16 different places throughout the nation, so that the executive
17 and legislative branches of state government and of local
18 communities may have ready access to the experience and record
19 of the entire country, and so that both lay and professional
20 groups in the field of education may have additional avenues
21 for the sharing of experience and the interchange of ideas in
22 the formation of public policy in education.
23 4. Facilitate the improvement of state and local
24 educational systems so that all of them will be able to meet
25 adequate and desirable goals in a society which requires
26 continuous qualitative and quantitative advance in educational
27 opportunities, methods and facilities.
28 B. It is the policy of this compact to encourage and
29 promote local and state initiative in the development,
30 maintenance, improvement and administration of educational
31 systems and institutions in a manner which will accord with
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1 the needs and advantages of diversity among localities and
2 states.
3 C. The party states recognize that each of them has an
4 interest in the quality and quantity of education furnished in
5 each of the other states, as well as in the excellence of its
6 own educational systems and institutions, because of the
7 highly mobile character of individuals within the nation, and
8 because the products and services contributing to the health,
9 welfare and economic advancement of each state are supplied in
10 significant part by persons educated in other states.
11
12 ARTICLE II
13
14 STATE DEFINED.--
15 As used in this compact, "state" means a state,
16 territory, or possession of the United States, the District of
17 Columbia, or the Commonwealth of Puerto Rico.
18
19 ARTICLE III
20
21 THE COMMISSION.--
22 A. The Education Commission of the States, hereinafter
23 called "the commission," is hereby established. The
24 commission shall consist of seven members representing each
25 party state. One of such members representing Florida shall
26 be the governor; two shall be members of the state senate
27 appointed by the president; two shall be members of the house
28 of representatives appointed by the speaker; and two shall be
29 appointed by and serve at the pleasure of the governor. The
30 guiding principle for the composition of the membership on the
31 commission shall be that the members, by virtue of their
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1 training, experience, knowledge or affiliations be in a
2 position collectively to reflect broadly the interests of the
3 state government, higher education, the state education
4 system, local education, lay and professional, public and
5 nonpublic educational leadership. Of those appointees, one
6 shall be the head of a state agency or institution, designated
7 by the governor, having responsibility for one or more
8 programs of public education. In addition to the members of
9 the commission representing the party states, there may be not
10 to exceed ten nonvoting commissioners selected by the steering
11 committee for terms of one year. Such commissioners shall
12 represent leading national organizations of professional
13 educators or persons concerned with educational
14 administration.
15 B. The members of the commission shall be entitled to
16 one vote each on the commission. No action of the commission
17 shall be binding unless taken at a meeting at which a majority
18 of the total number of votes on the commission are cast in
19 favor thereof. Action of the commission shall be only at a
20 meeting at which a majority of the commissioners are present.
21 The commission shall meet at least once a year. In its
22 bylaws, and subject to such directions and limitations as may
23 be contained therein, the commission may delegate the exercise
24 of any of its powers to the steering committee or the
25 executive director, except for the power to approve budgets or
26 requests for appropriations, the power to make policy
27 recommendations pursuant to Article IV and adoption of the
28 annual report pursuant to Article III, J.
29 C. The commission shall have a seal.
30 D. The commission shall elect annually, from among its
31 members, a chair, who shall be a governor, a vice chair and a
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1 treasurer. The commission shall provide for the appointment
2 of an executive director. Such executive director shall serve
3 at the pleasure of the commission, and, together with the
4 treasurer and such other personnel as the commission may deem
5 appropriate, shall be bonded in such amount as the commission
6 shall determine. The executive director shall be secretary.
7 E. Irrespective of the civil service, personnel or
8 other merit system laws of any of the party states, the
9 executive director, subject to the approval of the steering
10 committee, shall appoint, remove or discharge such personnel
11 as may be necessary for the performance of the functions of
12 the commission, and shall fix the duties and compensation of
13 such personnel. The commission in its bylaws shall provide
14 for the personnel policies and programs of the commission.
15 F. The commission may borrow, accept or contract for
16 the services of personnel from any party jurisdiction, the
17 United States, or any subdivision or agency of the
18 aforementioned governments, or from any agency of two or more
19 of the party jurisdictions or their subdivisions.
20 G. The commission may accept for any of its purposes
21 and functions under this compact any and all donations and
22 grants of money, equipment, supplies, materials and services,
23 conditional or otherwise, from any state, the United States,
24 or any other governmental agency, or from any person, firm,
25 association, foundation, or corporation, and may receive,
26 utilize and dispose of the same. Any donation or grant
27 accepted by the commission pursuant to this paragraph or
28 services borrowed pursuant to paragraph F of this Article
29 shall be reported in the annual report of the commission.
30 Such report shall include the nature, amount and conditions,
31
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1 if any, of the donation, grant, or services borrowed, and the
2 identity of the donor or lender.
3 H. The commission may establish and maintain such
4 facilities as may be necessary for the transacting of its
5 business. The commission may acquire, hold, and convey real
6 and personal property and any interest therein.
7 I. The commission shall adopt bylaws for the conduct
8 of its business and shall have the power to amend and rescind
9 these bylaws. The commission shall publish its bylaws in
10 convenient form and shall file a copy thereof and a copy of
11 any amendment thereto, with the appropriate agency or officer
12 in each of the party states.
13 J. The commission annually shall make to the governor
14 and legislature of each party state a report covering the
15 activities of the commission for the preceding year. The
16 commission may make such additional reports as it may deem
17 desirable.
18
19 ARTICLE IV
20
21 POWERS.--
22 In addition to authority conferred on the commission by
23 other provisions of the compact, the commission shall have
24 authority to:
25 1. Collect, correlate, analyze and interpret
26 information and data concerning educational needs and
27 resources.
28 2. Encourage and foster research in all aspects of
29 education, but with special reference to the desirable scope
30 of instruction, organization, administration, and
31
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1 instructional methods and standards employed or suitable for
2 employment in public educational systems.
3 3. Develop proposals for adequate financing of
4 education as a whole and at each of its many levels.
5 4. Conduct or participate in research of the types
6 referred to in this article in any instance where the
7 commission finds that such research is necessary for the
8 advancement of the purposes and policies of this compact,
9 utilizing fully the resources of national associations,
10 regional compact organizations for higher education, and other
11 agencies and institutions, both public and private.
12 5. Formulate suggested policies and plans for the
13 improvement of public education as a whole, or for any segment
14 thereof, and make recommendations with respect thereto
15 available to the appropriate governmental units, agencies and
16 public officials.
17 6. Do such other things as may be necessary or
18 incidental to the administration of any of its authority or
19 functions pursuant to this compact.
20
21 ARTICLE V
22
23 COOPERATION WITH FEDERAL GOVERNMENT.--
24 A. If the laws of the United States specifically so
25 provide, or if administrative provision is made therefor
26 within the federal government, the United States may be
27 represented on the commission by not to exceed ten
28 representatives. Any such representative or representatives
29 of the United States shall be appointed and serve in such
30 manner as may be provided by or pursuant to federal law, and
31 may be drawn from any one or more branches of the federal
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1 government, but no such representative shall have a vote on
2 the commission.
3 B. The commission may provide information and make
4 recommendations to any executive or legislative agency or
5 officer of the federal government concerning the common
6 educational policies of the states, and may advise with any
7 such agencies or officers concerning any matter of mutual
8 interest.
9
10 ARTICLE VI
11
12 COMMITTEES.--
13 A. To assist in the expeditious conduct of its
14 business when the full commission is not meeting, the
15 commission shall elect a steering committee of thirty-two
16 members which, subject to the provisions of this compact and
17 consistent with the policies of the commission, shall be
18 constituted and function as provided in the bylaws of the
19 commission. One-fourth of the voting membership of the
20 steering committee shall consist of governors, one-fourth
21 shall consist of legislators, and the remainder shall consist
22 of other members of the commission. A federal representative
23 on the commission may serve with the steering committee, but
24 without vote. The voting members of the steering committee
25 shall serve for terms of two years, except that members
26 elected to the first steering committee of the commission
27 shall be elected as follows: sixteen for one year and sixteen
28 for two years. The chair, vice chair, and treasurer of the
29 commission shall be members of the steering committee and,
30 anything in this paragraph to the contrary notwithstanding,
31 shall serve during their continuance in these offices.
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1 Vacancies in the steering committee shall not affect its
2 authority to act, but the commission at its next regularly
3 ensuing meeting following the occurrence of any vacancy shall
4 fill it for the unexpired term. No person shall serve more
5 than two terms as a member of the steering committee; provided
6 that service for a partial term of one year or less shall not
7 be counted toward the two term limitations.
8 B. The commission may establish advisory and technical
9 committees composed of state, local, and federal officials,
10 and private persons to advise it with respect to any one or
11 more of its functions. Any advisory or technical committee
12 may, on request of the states concerned, be established to
13 consider any matter of special concern to two or more of the
14 party states.
15 C. The commission may establish such additional
16 committees as its bylaws may provide.
17
18 ARTICLE VII
19
20 FINANCE.--
21 A. The commission shall advise the governor or
22 designated officer or officers of each party state of its
23 budget and estimated expenditures for such period as may be
24 required by the laws of that party state. Each of the
25 commission's budgets of estimated expenditures shall contain
26 specific recommendations of the amount or amounts to be
27 appropriated by each of the party states.
28 B. The total amount of appropriation requests under
29 any budget shall be apportioned among the party states. In
30 making such apportionment, the commission shall devise and
31
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1 employ a formula which takes equitable account of the
2 populations and per capita income levels of the party states.
3 C. The commission shall not pledge the credit of any
4 party states. The commission may meet any of its obligations
5 in whole or in part with funds available to it pursuant to
6 Article III, G of this compact, provided that the commission
7 takes specific action setting aside such funds prior to
8 incurring an obligation to be met in whole or in part in such
9 manner. Except where the commission makes use of funds
10 available to it pursuant to Article III, G thereof, the
11 commission shall not incur any obligation prior to the
12 allotment of funds by the party states adequate to meet the
13 same.
14 D. The commission shall keep accurate accounts of all
15 receipts and disbursements. The receipts and disbursements of
16 the commission shall be subject to the audit and accounting
17 procedures established by its bylaws. However, all receipts
18 and disbursements of funds handled by the commission shall be
19 audited yearly by a qualified public accountant, and the
20 report of the audit shall be included in and become part of
21 the annual reports of the commission.
22 E. The accounts of the commission shall be open at any
23 reasonable time for inspection by duly constituted officers of
24 the party states and by any persons authorized by the
25 commission.
26 F. Nothing contained herein shall be construed to
27 prevent commission compliance with laws relating to audit or
28 inspection of accounts by or on behalf of any government
29 contributing to the support of the commission.
30
31 ARTICLE VIII
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1
2 ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--
3 A. This compact shall have as eligible parties all
4 states, territories, and possessions of the United States, the
5 District of Columbia, and the Commonwealth of Puerto Rico. In
6 respect of any such jurisdiction not having a governor, the
7 term "governor," as used in this compact, shall mean the
8 closest equivalent official of such jurisdiction.
9 B. Any state or other eligible jurisdiction may enter
10 into this compact and it shall become binding thereon when it
11 has adopted the same; provided that in order to enter into
12 initial effect, adoption by at least ten eligible party
13 jurisdictions shall be required.
14 C. Adoption of the compact may be either by enactment
15 thereof or by adherence thereto by the governor; provided that
16 in the absence of enactment, adherence by the governor shall
17 be sufficient to make his or her state a party only until
18 December 31, 1967. During any period when a state is
19 participating in this compact through gubernatorial action,
20 the governor shall appoint those persons who, in addition to
21 himself or herself, shall serve as the members of the
22 commission from his or her state, and shall provide to the
23 commission an equitable share of the financial support of the
24 commission from any source available to him or her.
25 D. Except for a withdrawal effective on December 31,
26 1967, in accordance with paragraph C of this article, any
27 party state may withdraw from this compact by enacting a
28 statute repealing the same, but no such withdrawal shall take
29 effect until one year after the governor of the withdrawing
30 state has given notice in writing of the withdrawal to the
31 governors of all other party states. No withdrawal shall
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1 affect any liability already incurred by or chargeable to a
2 party state prior to the time of such withdrawal.
3
4 ARTICLE IX
5
6 CONSTRUCTION AND SEVERABILITY.--
7 This compact shall be liberally construed so as to
8 effectuate the purposes thereof. The provisions of this
9 compact shall be severable, and if any phrase, clause,
10 sentence or provision of this compact is declared to be
11 contrary to the constitution of any state or of the United
12 States, or the application thereof to any government, agency,
13 person or circumstance is held invalid, the validity of the
14 remainder of this compact and the applicability thereof to any
15 government, agency, person or circumstance shall not be
16 affected thereby. If this compact shall be held contrary to
17 the constitution of any state participating therein, the
18 compact shall remain in full force and effect as to the state
19 affected as to all severable matters.
20 Section 16. Chapter 1001, Florida Statutes, shall be
21 entitled "K-20 Governance" and shall consist of ss.
22 1001.01-1001.75.
23 Section 17. Part I of chapter 1001, Florida Statutes,
24 shall be entitled "State-Level Governance" and shall consist
25 of ss. 1001.01-1001.28.
26 Section 18. Part I.a. of chapter 1001, Florida
27 Statutes, shall be entitled "State Board of Education" and
28 shall consist of ss. 1001.01-1001.03.
29 Section 19. Section 1001.01, Florida Statutes, is
30 created to read:
31 1001.01 State Board of Education generally.--
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1 (1) The State Board of Education is established as a
2 body corporate. The state board shall be a citizen board
3 consisting of seven members who are residents of the state
4 appointed by the Governor to staggered 4-year terms, subject
5 to confirmation by the Senate. Members of the state board
6 shall serve without compensation but shall be entitled to
7 reimbursement of travel and per diem expenses in accordance
8 with s. 112.061. Members may be reappointed by the Governor
9 for additional terms not to exceed 8 years of consecutive
10 service.
11 (2) The State Board of Education shall select a chair
12 and a vice chair from its appointed members. The chair shall
13 serve a 2-year term and may be reselected for one additional
14 consecutive term.
15 (3) Four members of the State Board of Education shall
16 constitute a quorum. No business may be transacted at any
17 meeting unless a quorum is present.
18 Section 20. Section 1001.02, Florida Statutes, is
19 created to read:
20 1001.02 General powers of State Board of Education.--
21 (1) The State Board of Education is the chief
22 implementing and coordinating body of public education in
23 Florida, and it shall focus on high-level policy decisions. It
24 has authority to adopt rules pursuant to ss. 120.536(1) and
25 120.54 to implement the provisions of law conferring duties
26 upon it for the improvement of the state system of K-20 public
27 education. Except as otherwise provided herein, it may, as it
28 finds appropriate, delegate its general powers to the
29 Commissioner of Education or the directors of the divisions of
30 the department.
31
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1 (2) The State Board of Education has the following
2 duties:
3 (a) To adopt comprehensive educational objectives for
4 public education.
5 (b) To adopt comprehensive long-range plans and
6 short-range programs for the development of the state system
7 of public education.
8 (c) To exercise general supervision over the divisions
9 of the Department of Education as necessary to ensure
10 coordination of educational plans and programs and resolve
11 controversies and to minimize problems of articulation and
12 student transfers, to ensure that students moving from one
13 level of education to the next have acquired competencies
14 necessary for satisfactory performance at that level, and to
15 ensure maximum utilization of facilities.
16 (d) To adopt for state universities and community
17 colleges, and from time to time modify, minimum and uniform
18 standards of college-level communication and computation
19 skills generally associated with successful performance and
20 progression through the baccalaureate level and to identify
21 college-preparatory high school coursework and
22 postsecondary-level coursework that prepares students with the
23 academic skills necessary to succeed in postsecondary
24 education.
25 (e) To adopt and submit to the Governor and
26 Legislature, on or before September 1 of each year, a
27 coordinated K-20 education budget that estimates the
28 expenditure requirements for the State Board of Education,
29 including the Department of Education, the Commissioner of
30 Education, and all of the boards, institutions, agencies, and
31 services under the general supervision of the State Board of
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1 Education for the ensuing fiscal year. Any program recommended
2 by the State Board of Education which will require increases
3 in state funding for more than 1 year must be presented in a
4 multiyear budget plan.
5 (f) To hold meetings, transact business, keep records,
6 adopt a seal, and perform such other duties as may be
7 necessary for the enforcement of all laws and rules relating
8 to the state system of public education.
9 (g) To approve plans for cooperating with the Federal
10 Government.
11 (h) To approve plans for cooperating with other public
12 agencies in the development of rules and in the enforcement of
13 laws for which the state board and such agencies are jointly
14 responsible.
15 (i) To review plans for cooperating with appropriate
16 nonpublic agencies for the improvement of conditions relating
17 to the welfare of schools.
18 (j) To create such subordinate advisory bodies as are
19 required by law or as it finds necessary for the improvement
20 of education.
21 (k) To constitute any education bodies or other
22 structures as required by federal law.
23 (l) To assist in the economic development of the state
24 by developing a state-level planning process to identify
25 future training needs for industry, especially high-technology
26 industry.
27 (m) To assist in the planning and economic development
28 of the state by establishing a clearinghouse for information
29 on educational programs of value to economic development.
30
31
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1 (n) To adopt cohesive rules pursuant to ss. 120.536(1)
2 and 120.54, within statutory authority, for education
3 systemwide issues.
4 (o) To authorize the allocation of resources in
5 accordance with law and rule.
6 (p) To contract with independent institutions
7 accredited by an agency whose standards are comparable to the
8 minimum standards required to operate a postsecondary
9 educational institution at that level in the state. The
10 purpose of the contract is to provide those educational
11 programs and facilities which will meet needs unfulfilled by
12 the state system of public postsecondary education.
13 (q) To recommend that a district school board take
14 action consistent with the state board's decision relating to
15 an appeal of a charter school application.
16 (r) To enforce systemwide education goals and
17 policies.
18 (s) To establish a detailed procedure for the
19 implementation and operation of a systemwide K-20 technology
20 plan that is based on a common set of data definitions.
21 (t) To establish accountability standards for existing
22 legislative performance goals, standards, and measures, and
23 order the development of mechanisms to implement new
24 legislative goals, standards, and measures.
25 (u) To adopt criteria and implementation plans for
26 future growth issues, such as new colleges and universities
27 and campus mergers, and to provide for cooperative agreements
28 between and within public and private education sectors.
29 (v) To develop, and periodically review for
30 adjustment, a coordinated 5-year plan for postsecondary
31 enrollment and annually submit the plan to the Legislature.
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1 (w) To approve a new program at the professional level
2 or doctoral level, if:
3 1. The university has taken into account the need and
4 demand for the program, the university's mission, and similar
5 program offerings by public and nonpublic counterparts.
6 2. The addition of the program will not alter the
7 university's emphasis on undergraduate education.
8 (x) To review, and approve or disapprove, degree
9 programs identified as unique pursuant to s. 1007.25.
10 (y) To recommend to the Legislature a plan for
11 implementing block tuition programs and providing other
12 incentives to encourage students to graduate within 4 years.
13 (3) The State Board of Education shall adopt rules to
14 establish the criteria for assigning, reviewing, and removing
15 limited-access status to an educational program. The State
16 Board of Education shall monitor the extent of limited-access
17 programs within the state universities and report to the
18 Legislature admissions and enrollment data for limited-access
19 programs. Such report shall be submitted annually by December
20 1 and shall assist in determining the potential need for
21 academic program contracts with independent institutions
22 pursuant to paragraph (2)(p). The report must specify, for
23 each limited-access program within each institution, the
24 following categories, by race and gender:
25 (a) The number of applicants.
26 (b) The number of applicants granted admission.
27 (c) The number of applicants who are granted admission
28 and enroll.
29 (d) The number of applicants denied admission.
30 (e) The number of applicants neither granted admission
31 nor denied admission.
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1
2 Each category must be reported for each term. Each category
3 must be reported by type of student, including the following
4 subcategories: native students, community college associate in
5 arts degree transfer students, and other students. Each
6 category and subcategory must further be reported according to
7 the number of students who meet or exceed the minimum
8 eligibility requirements for admission to the program and the
9 number of students who do not meet or exceed the minimum
10 eligibility requirements for admission to the program.
11 (4) The State Board of Education shall review, and
12 approve or disapprove, baccalaureate-degree programs that
13 exceed 120 semester hours, after considering accreditation
14 requirements, employment and earnings of graduates,
15 comparative program lengths nationally, and comparisons with
16 similar programs offered by independent institutions. By
17 December 31 of each year, the State Board of Education must
18 report to the Legislature any degrees in the state
19 universities that require more than 120 hours, along with
20 appropriate evidence of need. At least every 5 years, the
21 State Board of Education must determine whether the programs
22 still require more than the standard length of 120 hours.
23 (5)(a) The State Board of Education shall adopt a
24 systemwide strategic plan that specifies goals and objectives
25 for the state universities and community colleges. In
26 developing this plan, the State Board of Education shall
27 consider the role of individual public and independent
28 institutions within the state. The plan shall provide for the
29 roles of the universities and community colleges to be
30 coordinated to best meet state needs and reflect
31 cost-effective use of state resources. The strategic plan must
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1 clarify mission statements and identify degree programs to be
2 offered at each university and community college in accordance
3 with the objectives provided in this subsection. The
4 systemwide strategic plan must cover a period of 5 years, with
5 modification of the program lists after 2 years. Development
6 of each 5-year plan must be coordinated with and initiated
7 after completion of the master plan. The systemwide and
8 university and community college strategic plans must
9 specifically include programs and procedures for responding to
10 the educational needs of teachers and students in the public
11 schools of this state. The state board shall submit a report
12 to the President of the Senate and the Speaker of the House of
13 Representatives upon modification of the system plan.
14 (b) The State Board of Education shall develop
15 long-range plans and annual reports for financial aid in this
16 state. The long-range plans shall establish goals and
17 objectives for a comprehensive program of financial aid for
18 Florida students and shall be updated every 5 years. The
19 annual report shall include an assessment of progress made in
20 achieving goals and objectives established in the long-range
21 plans and recommendations for repealing or modifying existing
22 financial aid programs or establishing new programs. A
23 long-range plan shall be submitted by January 1, 2004, and
24 every 5 years thereafter. An annual report shall be submitted
25 on January 1, 2004, and in each successive year that a
26 long-range plan is not submitted, to the President of the
27 Senate and the Speaker of the House of Representatives.
28 (6) The State Board of Education shall coordinate the
29 programs with the Council for Education Policy Research and
30 Improvement, including doctoral programs. The programs shall
31 be reviewed every 5 years or whenever the state board
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1 determines that the effectiveness or efficiency of a program
2 is jeopardized. The State Board of Education shall define the
3 indicators of quality and the criteria for program review for
4 every program. Such indicators include need, student demand,
5 industry-driven competencies for advanced technology and
6 related programs, and resources available to support
7 continuation. The results of the program reviews must be tied
8 to the university and community college budget requests.
9 (7) The State Board of Education shall:
10 (a) Provide for each community college to offer
11 educational training and service programs designed to meet the
12 needs of both students and the communities served.
13 (b) Specify, by rule, procedures to be used by the
14 boards of trustees in the annual evaluations of presidents and
15 review the evaluations of presidents by the boards of
16 trustees.
17 (c) Establish an effective information system that
18 will provide composite data concerning the community colleges
19 and state universities and ensure that special analyses and
20 studies concerning the institutions are conducted, as
21 necessary, for provision of accurate and cost-effective
22 information concerning the institutions.
23 (d) Establish criteria for making recommendations for
24 modifying district boundary lines for community colleges.
25 (e) Establish criteria for making recommendations
26 concerning all proposals for the establishment of additional
27 centers or campuses for community colleges and state
28 universities.
29 (f) Examine the annual administrative review of each
30 community college and state university.
31
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1 (g) Specify, by rule, the degree program courses that
2 may be taken by students concurrently enrolled in
3 college-preparatory instruction.
4 (h) Adopt and submit to the Legislature a 3-year list
5 of priorities for fixed-capital-outlay projects.
6 (8) The State Board of Education is responsible for
7 reviewing and administering the state program of support for
8 the community colleges and, subject to existing law, shall
9 establish the tuition and out-of-state fees for
10 college-preparatory instruction and for credit instruction
11 that may be counted toward an associate in arts degree, an
12 associate in applied science degree, or an associate in
13 science degree.
14 (9) The State Board of Education shall prescribe
15 minimum standards, definitions, and guidelines for community
16 colleges and state universities that will ensure the quality
17 of education, coordination among the community colleges and
18 state universities, and efficient progress toward
19 accomplishing the community college and state university
20 mission. At a minimum, these rules must address:
21 (a) Personnel.
22 (b) Contracting.
23 (c) Program offerings and classification, including
24 college-level communication and computation skills associated
25 with successful performance in college and with tests and
26 other assessment procedures that measure student achievement
27 of those skills. The performance measures must provide that
28 students moving from one level of education to the next
29 acquire the necessary competencies for that level.
30
31
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1 (d) Provisions for curriculum development, graduation
2 requirements, college calendars, and program service areas.
3 These provisions must include rules that:
4 1. Provide for the award of an associate in arts
5 degree to a student who successfully completes 60 semester
6 credit hours at the community college.
7 2. Require all of the credits accepted for the
8 associate in arts degree to be in the statewide course
9 numbering system as credits towards a baccalaureate degree
10 offered by a state university.
11 3. Require no more than 36 semester credit hours in
12 general education courses in the subject areas of
13 communication, mathematics, social sciences, humanities, and
14 natural sciences.
15
16 The rules should encourage community colleges to enter into
17 agreements with state universities that allow community
18 college students to complete upper-division-level courses at a
19 community college. An agreement may provide for concurrent
20 enrollment at the community college and the state university
21 and may authorize the community college to offer an
22 upper-division-level course or distance learning.
23 (e) Student admissions, conduct and discipline,
24 nonclassroom activities, and fees.
25 (f) Budgeting.
26 (g) Business and financial matters.
27 (h) Student services.
28 (i) Reports, surveys, and information systems,
29 including forms and dates of submission.
30 Section 21. Section 1001.03, Florida Statutes, is
31 created to read:
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1 1001.03 Specific powers of State Board of Education.--
2 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
3 State Board of Education shall approve the student performance
4 standards known as the Sunshine State Standards in key
5 academic subject areas and grade levels.
6 (2) DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF
7 EDUCATION.--The State Board of Education shall govern issues
8 relating to use of property, facilities, and personal services
9 between the Department of Education and its direct-support
10 organization and shall certify that the organization operates
11 at all times in a manner consistent with the goals and best
12 interest of the department, pursuant to s. 1001.24.
13 (3) PROFESSIONAL CERTIFICATES.--The State Board of
14 Education shall classify school services, designate the
15 certification subject areas, establish competencies, including
16 the use of technology to enhance student learning, and
17 certification requirements for all school-based personnel, and
18 prescribe rules in accordance with which the professional,
19 temporary, and part-time certificates shall be issued by the
20 Department of Education to applicants who meet the standards
21 prescribed by such rules for their class of service, as
22 described in chapter 1012.
23 (4) PROFESSIONAL TEACHER ASSOCIATIONS.--The State
24 Board of Education shall ensure that not-for-profit,
25 professional teacher associations that offer membership to all
26 teachers, noninstructional personnel, and administrators, and
27 that offer teacher training and staff development at no fee to
28 the district, shall be given equal access to voluntary teacher
29 meetings, be provided access to teacher mailboxes for
30 distribution of professional literature, and be authorized to
31 collect voluntary membership fees through payroll deduction.
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1 (5) IDENTIFICATION OF CRITICAL TEACHER SHORTAGE
2 AREAS.--The State Board of Education shall identify critical
3 teacher shortage areas pursuant to s. 1012.07.
4 (6) CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX
5 ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of
6 Education shall issue bonds and approve resolutions regarding
7 the expenditure of funds for capital projects and purposes
8 pursuant to the State Constitution and other applicable law.
9 (7) ARTICULATION ACCOUNTABILITY.--The State Board of
10 Education shall develop articulation accountability measures
11 that assess the status of systemwide articulation processes,
12 and shall establish an articulation accountability process in
13 accordance with the provisions of chapter 1008.
14 (8) SYSTEMWIDE ENFORCEMENT.--The State Board of
15 Education shall enforce compliance with law and state board
16 rule by all school districts and public postsecondary
17 educational institutions, in accordance with the provisions of
18 s. 1008.32.
19 (9) MANAGEMENT INFORMATION DATABASES.--The State Board
20 of Education shall continue to collect and maintain, at a
21 minimum, the management information databases for state
22 universities, and all other components of the public K-20
23 education system as such databases existed on June 30, 2002.
24 (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
25 EDUCATION.--The State Board of Education shall develop and
26 implement a common placement test to assess the basic
27 computation and communication skills of students who intend to
28 enter a degree program at any community college or state
29 university.
30 (11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
31 EDUCATION.--The State Board of Education shall adopt minimum
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1 standards relating to nonpublic postsecondary education and
2 institutions, in accordance with the provisions of chapter
3 1005.
4 (12) COMMON POSTSECONDARY DEFINITIONS.--The State
5 Board of Education shall adopt, by rule, common definitions
6 for associate in science degrees and for certificates.
7 (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
8 PROGRAMS.--The State Board of Education shall provide for the
9 cyclic review of all academic programs in community colleges
10 and state universities at least every 7 years. Program reviews
11 shall document how individual academic programs are achieving
12 stated student learning and program objectives within the
13 context of the institution's mission. The results of the
14 program reviews shall inform strategic planning, program
15 development, and budgeting decisions at the institutional
16 level.
17 (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
18 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
19 Education shall recommend to the Legislature by February 1,
20 2003, a uniform classification system for school district
21 administrative and management personnel that will facilitate
22 the uniform coding of administrative and management personnel
23 to total district employees.
24 Section 22. Part I.b. of chapter 1001, Florida
25 Statutes, shall be entitled "Commissioner of Education" and
26 shall consist of ss. 1001.10-1001.11.
27 Section 23. Section 1001.10, Florida Statutes, is
28 created to read:
29 1001.10 Commissioner of Education; general powers and
30 duties.--The Commissioner of Education is the chief
31 educational officer of the state, and is responsible for
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1 giving full assistance to the State Board of Education in
2 enforcing compliance with the mission and goals of the
3 seamless K-20 education system. To facilitate innovative
4 practices and to allow local selection of educational methods,
5 the State Board of Education may authorize the commissioner to
6 waive, upon the request of a district school board, State
7 Board of Education rules that relate to district school
8 instruction and school operations, except those rules
9 pertaining to civil rights, and student health, safety, and
10 welfare. The Commissioner of Education is not authorized to
11 grant waivers for any provisions in rule pertaining to the
12 allocation and appropriation of state and local funds for
13 public education; the election, compensation, and organization
14 of school board members and superintendents; graduation and
15 state accountability standards; financial reporting
16 requirements; reporting of out-of-field teaching assignments
17 under s. 1012.42; public meetings; public records; or due
18 process hearings governed by chapter 120. No later than
19 January 1 of each year, the commissioner shall report to the
20 Legislature and the State Board of Education all approved
21 waiver requests in the preceding year. Additionally, the
22 commissioner has the following general powers and duties:
23 (1) To appoint staff necessary to carry out his or her
24 powers and duties.
25 (2) To advise and counsel with the State Board of
26 Education on all matters pertaining to education; to recommend
27 to the State Board of Education actions and policies as, in
28 the commissioner's opinion, should be acted upon or adopted;
29 and to execute or provide for the execution of all acts and
30 policies as are approved.
31
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1 (3) To keep such records as are necessary to set forth
2 clearly all acts and proceedings of the State Board of
3 Education.
4 (4) To have a seal for his or her office with which,
5 in connection with his or her own signature, the commissioner
6 shall authenticate true copies of decisions, acts, or
7 documents.
8 (5) To recommend to the State Board of Education
9 policies and steps designed to protect and preserve the
10 principal of the State School Fund; to provide an assured and
11 stable income from the fund; to execute such policies and
12 actions as are approved; and to administer the State School
13 Fund.
14 (6) To take action on the release of mineral rights
15 based upon the recommendations of the Board of Trustees of the
16 Internal Improvement Trust Fund.
17 (7) To submit to the State Board of Education, on or
18 before August 1 of each year, recommendations for a
19 coordinated K-20 education budget that estimates the
20 expenditures for the State Board of Education, including the
21 Department of Education, the Commissioner of Education, and
22 all of the boards, institutions, agencies, and services under
23 the general supervision of the State Board of Education for
24 the ensuing fiscal year. Any program recommended to the State
25 Board of Education that will require increases in state
26 funding for more than 1 year must be presented in a multiyear
27 budget plan.
28 (8) To develop and implement a plan for cooperating
29 with the Federal Government in carrying out any or all phases
30 of the educational program and to recommend policies for
31
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1 administering funds that are appropriated by Congress and
2 apportioned to the state for any or all educational purposes.
3 (9) To develop and implement policies for cooperating
4 with other public agencies in carrying out those phases of the
5 program in which such cooperation is required by law or is
6 deemed by the commissioner to be desirable and to cooperate
7 with public and nonpublic agencies in planning and bringing
8 about improvements in the educational program.
9 (10) To prepare forms and procedures as are necessary
10 to be used by district school boards and all other educational
11 agencies to assure uniformity, accuracy, and efficiency in the
12 keeping of records, the execution of contracts, the
13 preparation of budgets, or the submission of reports; and to
14 furnish at state expense, when deemed advisable by the
15 commissioner, those forms that can more economically and
16 efficiently be provided.
17 (11) To implement a program of school improvement and
18 education accountability designed to provide all students the
19 opportunity to make adequate learning gains in each year of
20 school as provided by statute and State Board of Education
21 rule based upon the achievement of the state education goals,
22 recognizing the following:
23 (a) The State Board of Education is the body corporate
24 responsible for the supervision of the system of public
25 education.
26 (b) The district school board is responsible for
27 school and student performance.
28 (c) The individual school is the unit for education
29 accountability.
30
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1 (d) The community college board of trustees is
2 responsible for community college performance and student
3 performance.
4 (e) The university board of trustees is responsible
5 for university performance and student performance.
6 (12) To establish a Citizen Information Center
7 responsible for the preparation, publication, and distribution
8 of materials relating to the state system of seamless K-20
9 public education.
10 (13) To prepare and publish annually reports giving
11 statistics and other useful information pertaining to the
12 Opportunity Scholarship Program.
13 (14) To have printed or electronic copies of school
14 laws, forms, instruments, instructions, and rules of the State
15 Board of Education and provide for their distribution.
16 (15) To develop criteria for use by state
17 instructional materials committees in evaluating materials
18 submitted for adoption consideration. The criteria shall, as
19 appropriate, be based on instructional expectations reflected
20 in curriculum frameworks and student performance standards.
21 The criteria for each subject or course shall be made
22 available to publishers of instructional materials pursuant to
23 the requirements of chapter 1006.
24 (16) To prescribe procedures for evaluating
25 instructional materials submitted by publishers and
26 manufacturers in each adoption.
27
28 The commissioner's office shall operate all statewide
29 functions necessary to support the State Board of Education
30 and the K-20 education system, including strategic planning
31
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1 and budget development, general administration, and assessment
2 and accountability.
3 Section 24. Section 1001.11, Florida Statutes, is
4 created to read:
5 1001.11 Commissioner of Education; other duties.--
6 (1) The Commissioner of Education must independently
7 perform the following duties:
8 (a) Cooperate with and coordinate responses to
9 requests from the members of the Legislature.
10 (b) Serve as the primary source of information to the
11 Legislature, including the President of the Senate and the
12 Speaker of the House of Representatives, concerning the State
13 Board of Education and the K-20 education system.
14 (c) Develop and implement a process for receiving and
15 processing requests, in conjunction with the Legislature, for
16 the allocation of PECO funds for qualified postsecondary
17 education projects.
18 (d) Integrally work with the boards of trustees of the
19 state universities and community colleges.
20 (e) Monitor the activities of the State Board of
21 Education and provide information related to current and
22 pending policies to the members of the boards of trustees of
23 the community colleges and state universities.
24 (f) Ensure the timely provision of information
25 requested by the Legislature from the State Board of
26 Education, the commissioner's office, and the Department of
27 Education.
28 (2)(a) The Commissioner of Education shall recommend
29 to the State Board of Education performance goals addressing
30 the educational needs of the state for the K-20 education
31 system. The Council for Education Policy Research and
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1 Improvement, as an independent entity, shall develop a report
2 card assigning grades to indicate Florida's progress toward
3 meeting those goals. The annual report card shall contain
4 information showing Florida's performance relative to other
5 states on selected measures, as well as Florida's ability to
6 meet the need for postsecondary degrees and programs and how
7 well the Legislature has provided resources to meet this need.
8 The information shall include the results of the National
9 Assessment of Educational Progress or a similar national
10 assessment program administered to students in Florida. By
11 January 1 of each year, the Council for Education Policy
12 Research and Improvement shall submit the report card to the
13 Legislature, the Governor, and the public.
14 (b) Prior to the regular legislative session, the
15 Commissioner of Education shall present to the Legislature a
16 plan for correcting any deficiencies identified in the report
17 card.
18 (3) Notwithstanding any other provision of law to the
19 contrary, the Commissioner of Education, in conjunction with
20 the Legislature, must recommend funding priorities for the
21 distribution of capital outlay funds for public postsecondary
22 educational institutions, based on priorities that include,
23 but are not limited to, the following criteria:
24 (a) Growth at the institutions.
25 (b) Need for specific skills statewide.
26 (c) Need for maintaining and repairing existing
27 facilities.
28 (4) The commissioner shall develop and implement an
29 integrated K-20 information system for educational management
30 in accordance with the requirements of chapter 1008.
31
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1 (5) The commissioner shall design and implement a
2 statewide program of educational assessment that provides
3 information for the improvement of the operation and
4 management of the public schools, including schools operating
5 for the purpose of providing educational services to youth in
6 Department of Juvenile Justice programs, in accordance with
7 the requirements of chapter 1008.
8 (6) The commissioner is responsible for implementing
9 and maintaining a system of intensive school improvement and
10 stringent education accountability, in accordance with the
11 requirements of chapter 1008.
12 Section 25. Part I.c. of chapter 1001, Florida
13 Statutes, shall be entitled "Department of Education" and
14 shall consist of ss. 1001.20-1001.28.
15 Section 26. Section 1001.20, Florida Statutes, is
16 created to read:
17 1001.20 Department under direction of state board.--
18 (1) The Department of Education shall be organized
19 consistently with the requirements of s. 20.15, and shall act
20 as an administrative and supervisory agency under the
21 implementation direction of the State Board of Education.
22 (2) The department is to be located in the offices of
23 the Commissioner of Education and shall assist in providing
24 professional leadership and guidance and in carrying out the
25 policies, procedures, and duties authorized by law or by the
26 State Board of Education or found necessary by it to attain
27 the purposes and objectives of this code.
28 (3) The Department of Education shall maintain an
29 Office of the Commissioner of Education that includes the
30 general areas of operation that are common to all delivery
31 sectors, such as administration, communication, legal
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1 services, financial aid, and government and public relations,
2 in order to increase efficiency, improve service delivery to
3 students, and fully support the operational needs of the State
4 Board of Education.
5 (4) The Department of Education shall establish the
6 following offices within the Office of the Commissioner of
7 Education which shall coordinate their activities with all
8 other divisions and offices:
9 (a) Office of Technology and Information
10 Services.--Responsible for developing a systemwide technology
11 plan, making budget recommendations to the commissioner,
12 providing data collection and management for the system, and
13 coordinating services with other state, local, and private
14 agencies. The office shall develop a method to address the
15 need for a statewide approach to planning and operations of
16 library and information services to achieve a single K-20
17 education system library information portal and a unified
18 higher education library management system. The Florida
19 Virtual School shall be administratively housed within the
20 office.
21 (b) Office of Workforce and Economic
22 Development.--Responsible for evaluating the role of each
23 sector of education in Florida's workforce and economic
24 development, assessing the specific work skills and variety of
25 careers provided, and reporting to the State Board of
26 Education the effectiveness of each sector.
27 (c) Office of Educational Facilities and SMART Schools
28 Clearinghouse.--Responsible for validating all educational
29 plant surveys and verifying Florida Inventory of School Houses
30 (FISH) data. The office shall provide technical assistance to
31 public school districts when requested.
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1 (d) Office of Student Financial
2 Assistance.--Responsible for providing access to and
3 administering state and federal grants, scholarships, and
4 loans to those students seeking financial assistance for
5 postsecondary study pursuant to program criteria and
6 eligibility requirements.
7 (e) Office of Inspector General.--Organized using
8 existing resources and funds and responsible for promoting
9 accountability, efficiency, and effectiveness and detecting
10 fraud and abuse within school districts, community colleges,
11 and state universities in Florida. If the Commissioner of
12 Education determines that a district school board or public
13 postsecondary educational institution board is unwilling or
14 unable to address substantiated allegations made by any person
15 relating to waste, fraud, or financial mismanagement, the
16 office shall conduct, coordinate, or request investigations
17 into substantiated allegations made by any person relating to
18 waste, fraud, or financial mismanagement within school
19 districts, community colleges, and state universities in
20 Florida. The office shall have access to all information and
21 personnel necessary to perform its duties and shall have all
22 of its current powers, duties, and responsibilities authorized
23 in s. 20.055.
24 Section 27. Section 1001.21, Florida Statutes, is
25 created to read:
26 1001.21 Office of Private Schools and Home Education
27 Programs.--The state recognizes the contributions of private
28 schools and home education programs in providing alternatives
29 to public school education. These nongovernmental educational
30 systems serve the public, but are not considered to be a part
31 of the public system of education.
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1 (1) The Office of Private Schools and Home Education
2 Programs is established within the Department of Education.
3 The Department of Education and the Commissioner of Education
4 have no authority over the institutions or students served by
5 the office. The office shall:
6 (a) Serve the interests of students and the parents of
7 students in private schools and home education programs.
8 (b) Serve the interests of private institutions.
9 (c) Provide general information to the public about
10 private and home education delivery systems.
11 (2) The Commissioner of Education shall appoint an
12 executive director for the office who shall:
13 (a) Serve as a source of communication between private
14 schools, home education programs, the Commissioner of
15 Education, and the State Board of Education.
16 (b) Evaluate pending policy to ensure that the policy
17 does not subject private schools and home education programs
18 to additional regulation or mandates.
19 (c) Establish a clearinghouse of information for the
20 public.
21 (d) Foster a collaborative spirit and working
22 relationship among private schools, home education programs,
23 and the public sector.
24 (e) Identify and convey the best practices of private
25 schools and home education programs for the benefit of the
26 public and private education delivery sectors.
27 (f) Represent issues and concerns relating to home
28 education programs and private schools on all applicable ad
29 hoc advisory bodies.
30 Section 28. Section 1001.22, Florida Statutes, is
31 created to read:
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1 1001.22 Commission for Independent Education.--The
2 Commission for Independent Education shall authorize granting
3 of certificates, diplomas, and degrees for independent
4 postsecondary educational institutions pursuant to chapter
5 1005.
6 Section 29. Section 1001.23, Florida Statutes, is
7 created to read:
8 1001.23 Specific powers and duties of the Department
9 of Education.--In addition to all other duties assigned to it
10 by law or by rule of the State Board of Education, the
11 department shall:
12 (1) Adopt the school readiness uniform screening
13 developed by the Florida Partnership for School Readiness, in
14 accordance with the criteria itemized in chapter 1008.
15 (2) Implement a training program to develop among
16 state and district educators a cadre of facilitators of school
17 improvement in accordance with the provisions of chapter 1008.
18 (3) Identify the needs of the state system of public
19 education as they relate to the development and production of
20 materials used in instruction, in accordance with the
21 requirements of chapter 1006.
22 (4) After complying with the provisions of s. 257.37,
23 the Department of Education may:
24 (a) Photograph, microphotograph, or reproduce on film
25 or prints, documents, records, data, and information of a
26 permanent character and destroy any of the documents after
27 they have been photographed and after audit of the department
28 has been completed for the period embracing the dates of the
29 instruments. Photographs or microphotographs in the form of
30 film or prints made in compliance with the provisions of this
31 subsection shall have the same force and effect as the
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1 originals would have, and shall be treated as originals for
2 the purpose of their admissibility in evidence. Duly certified
3 or authenticated reproductions of such photographs or
4 microphotographs shall be admitted in evidence equally with
5 the original photographs or microphotographs.
6 (b) Destroy general correspondence that is over 3
7 years old; records of bills, accounts, vouchers, and
8 requisitions that are over 5 years old and copies of which
9 have been filed with the Comptroller; and other records,
10 papers, and documents over 3 years old that do not serve as
11 part of an agreement or understanding and do not have value as
12 permanent records.
13 Section 30. Section 1001.24, Florida Statutes, is
14 created to read:
15 1001.24 Direct-support organization; use of property;
16 board of directors; audit.--
17 (1) DEFINITIONS.--For the purposes of this section,
18 the term:
19 (a) "Department of Education direct-support
20 organization" means an organization:
21 1. That is a corporation not for profit that is
22 incorporated under the provisions of chapter 617 and approved
23 by the Department of State.
24 2. That is organized and operated exclusively to
25 receive, hold, invest, and administer property and to make
26 expenditures to or for the benefit of public prekindergarten
27 through 12th grade education in this state.
28 3. That the State Board of Education, after review,
29 has certified to be operating in a manner consistent with the
30 goals and best interest of the Department of Education.
31
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1 (b) "Personal services" includes full-time or
2 part-time personnel, as well as payroll processing.
3 (2) USE OF PROPERTY.--The State Board of Education:
4 (a) May permit the use of property, facilities, and
5 personal services of the department by the direct-support
6 organization, subject to the provisions of this section.
7 (b) Shall prescribe by rule conditions with which the
8 direct-support organization must comply in order to use
9 property, facilities, or personal services of the department.
10 Such rules shall provide for budget and audit review and for
11 oversight by the department.
12 (c) Shall not permit the use of property, facilities,
13 or personal services of the direct-support organization if
14 such organization does not provide equal employment
15 opportunities to all persons, regardless of race, color,
16 national origin, gender, age, or religion.
17 (3) BOARD OF DIRECTORS.--The board of directors of the
18 department direct-support organization shall be appointed by
19 the commissioner and shall include representation from
20 business, industry, and other components of Florida's economy.
21 (4) ANNUAL AUDIT.--Each direct-support organization
22 shall provide for an annual financial audit in accordance with
23 s. 215.981. The identity of donors who desire to remain
24 anonymous shall be protected, and that anonymity shall be
25 maintained in the auditor's report. All records of the
26 organization other than the auditor's report, management
27 letter, and any supplemental data requested by the Auditor
28 General and the Office of Program Policy Analysis and
29 Government Accountability shall be confidential and exempt
30 from the provisions of s. 119.07(1).
31
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1 Section 31. Section 1001.25, Florida Statutes, is
2 created to read:
3 1001.25 Educational television.--
4 (1) ESTABLISHMENT AND UTILIZATION OF NETWORK.--The
5 department may establish a television network connecting such
6 communities or such stations as it designates. For this
7 purpose, it may lease facilities in the name of the state from
8 communications' common carriers and use such transmission
9 channels as are necessary; however, if the department decides,
10 upon investigation, that it could more economically construct
11 and maintain such transmission channels, it may design,
12 construct, operate, and maintain them, including a television
13 microwave network. The network shall be utilized primarily for
14 the instruction of students at existing and future public and
15 private educational institutions and of the general public, as
16 practical. The origination and transmission of all programs
17 over such networks shall be as directed under policies
18 approved by the State Board of Education. The department may
19 cooperate with and assist all local and state educational
20 agencies in making surveys pertaining to the use and economics
21 of educational television in the fields of primary,
22 elementary, secondary, or college level education and in the
23 field of adult education, and may assist all public agencies
24 in the planning of programs calculated to further the
25 education of the state's citizens.
26 (2) POWERS OF DEPARTMENT.--
27 (a) The department may encourage:
28 1. The extension of educational television network
29 facilities.
30
31
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1 2. The coordination of Florida's educational
2 television with that of other states and with the Federal
3 Government.
4 3. The further development of educational television
5 within the state.
6 (b) The department shall provide through educational
7 television and other electronic media a means of extending
8 educational services to all the state system of public
9 education, except the state universities, which provision by
10 the department is limited by paragraph (c) and by s.
11 1006.26(1). The department shall recommend to the State Board
12 of Education rules necessary to provide such services.
13 (c) The department may provide equipment, funds, and
14 other services to extend and update both the existing and the
15 proposed educational television and radio systems of
16 tax-supported and nonprofit, corporate-owned facilities. All
17 stations funded must be qualified by the Corporation for
18 Public Broadcasting. New stations eligible for funding shall
19 provide a first service to an audience that is not currently
20 receiving a broadcast signal or provide a significant new
21 program service as defined by State Board of Education rules.
22 Funds appropriated to the department for educational
23 television and funds appropriated to the department for
24 educational radio may be used by the department for either
25 educational television or educational radio, or both.
26 (3) PROHIBITED USE, PENALTY.--
27 (a) None of the facilities, plant, or personnel of any
28 educational television system that is supported in whole or in
29 part by state funds shall be used directly or indirectly for
30 the promotion, advertisement, or advancement of any political
31 candidate for any municipal, county, legislative,
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1 congressional, or state office. However, fair, open, and free
2 discussion between political candidates for municipal, county,
3 legislative, congressional, or state office may be permitted
4 in order to help materially reduce the excessive cost of
5 campaigns and to ensure that the state's citizens are fully
6 informed about issues and candidates in campaigns. The
7 provisions of this paragraph apply to the advocacy for, or
8 opposition to, any specific program, existing or proposed, of
9 governmental action which includes, but is not limited to,
10 constitutional amendments, tax referenda, and bond issues. The
11 provisions of this paragraph shall be in accordance with rules
12 of the State Board of Education.
13 (b) Violation of any prohibition contained in this
14 section is a misdemeanor of the second degree, punishable as
15 provided in s. 775.082 or s. 775.083.
16 (4) DUTY OF DEPARTMENT.--The department is responsible
17 for identifying the needs of the state system of public
18 education as they relate to the development and production of
19 materials used in instruction. When such identified needs are
20 considered to be best satisfied by the production of new
21 materials, the department may commission or contract for the
22 production of such materials.
23 Section 32. Section 1001.26, Florida Statutes, is
24 created to read:
25 1001.26 Public broadcasting program system.--
26 (1) There is created a public broadcasting program
27 system for the state. The department shall administer this
28 program system pursuant to rules adopted by the State Board of
29 Education. This program system must complement and share
30 resources with the instructional programming service of the
31
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1 Department of Education and educational UHF, VHF, ITFS, and FM
2 stations in the state. The program system must include:
3 (a) Support for existing Corporation for Public
4 Broadcasting qualified program system educational radio and
5 television stations and new stations meeting Corporation for
6 Public Broadcasting qualifications and providing a first
7 service to an audience that does not currently receive a
8 broadcast signal or providing a significant new program
9 service as defined by rule by the State Board of Education.
10 (b) Maintenance of quality broadcast capability for
11 educational stations that are part of the program system.
12 (c) Interconnection of all educational stations that
13 are part of the program system for simultaneous broadcast and
14 of such stations with all universities and other institutions
15 as necessary for sharing of resources and delivery of
16 programming.
17 (d) Establishment and maintenance of a capability for
18 statewide program distribution with facilities and staff,
19 provided such facilities and staff complement and strengthen
20 existing or future educational television and radio stations
21 in accordance with paragraph (a) and s. 1001.25(2)(c).
22 (e) Provision of both statewide programming funds and
23 station programming support for educational television and
24 educational radio to meet statewide priorities. Priorities for
25 station programming need not be the same as priorities for
26 programming to be used statewide. Station programming may
27 include, but shall not be limited to, citizens' participation
28 programs, music and fine arts programs, coverage of public
29 hearings and governmental meetings, equal air time for
30 political candidates, and other public interest programming.
31
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1 (2)(a) The Department of Education is responsible for
2 implementing the provisions of this section pursuant to part
3 III of chapter 287 and may employ personnel, acquire equipment
4 and facilities, and perform all duties necessary for carrying
5 out the purposes and objectives of this section.
6 (b) The department shall provide through educational
7 television and other electronic media a means of extending
8 educational services to all the state system of public
9 education. The department shall recommend to the State Board
10 of Education rules necessary to provide such services.
11 (c) The department is authorized to provide equipment,
12 funds, and other services to extend and update both the
13 existing and the proposed educational television and radio
14 systems of tax-supported and nonprofit, corporate-owned
15 facilities. All stations funded must be qualified by the
16 Corporation for Public Broadcasting. New stations eligible
17 for funding shall provide a first service to an audience that
18 is not currently receiving a broadcast signal or provide a
19 significant new program service as defined by State Board of
20 Education rules. Funds appropriated to the department for
21 educational television and funds appropriated to the
22 department for educational radio may be used by the department
23 for either educational television or educational radio, or for
24 both.
25 (3) The State Board of Education shall adopt rules for
26 the proper enforcement and carrying out of these provisions.
27 Section 33. Section 1001.27, Florida Statutes, is
28 created to read:
29 1001.27 State satellite network.--
30 (1) There is created a state satellite network, which
31 shall provide one-way video and audio transmissions with
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1 regional access for all Floridians, state agencies, county and
2 municipal governments, business and industry, and other public
3 and private entities to participate in classroom instruction,
4 continuing education, special events programs, and one-way
5 video teleconferencing.
6 (2) The network shall consist of compatible satellite
7 receiving equipment at public educational institutions in each
8 of the 28 community college regions.
9 (3) The department, in consultation with the
10 Department of Management Services, shall implement the
11 provisions of this section and coordinate the network.
12 Specifically, the department shall:
13 (a) Provide for technical analysis of suitable
14 existing satellite receiving equipment at Florida public
15 postsecondary educational institutions for inclusion in the
16 network.
17 (b) Acquire by competitive sealed bid and place
18 appropriate receiving equipment in those community college
19 regions of the state in which such equipment is presently not
20 available at a public postsecondary educational institution.
21 (c) Develop an implementation plan that provides for
22 designation of a site in each community college region for
23 inclusion in the initial network. Criteria for selection
24 shall include:
25 1. Accessibility to a substantial portion of the
26 population of the region.
27 2. Demonstrated institutional commitment to support
28 and encourage use of the network both within the region and
29 statewide.
30 3. Willingness to complement state support with
31 matching institutional resources.
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1 4. Evidence of cooperation and coordinated planning
2 with other postsecondary educational institutions in the
3 region.
4 5. Availability of existing telecommunications
5 equipment which is compatible or adaptable for use in the
6 network.
7 (d) Identify additional sites for inclusion in the
8 network in the event that demand exceeds the capacity of the
9 initial network.
10 (e) Coordinate scheduling and encourage use of the
11 network.
12 (f) Develop operating procedures for the system and
13 recommend fee schedules for both public and private entities
14 wishing to transmit or receive programming through the
15 network. Scheduling procedures shall assign the highest
16 priority to educational programming.
17 (g) Provide training for institutional, state agency,
18 and other personnel in effective techniques for the use of the
19 network.
20 (h) Provide initial startup support for operations,
21 maintenance, and publicity costs of the network. Continuation
22 costs in these areas shall be recovered through user fees and
23 local resources.
24 (4) All audio components of this system that are not
25 transmitted simultaneously with video to a domestic satellite
26 shall be transmitted through common carriers regulated
27 pursuant to chapter 364.
28 (5) The State Board of Education may adopt any rules
29 necessary for the implementation of this section.
30 (6) This section shall be implemented only to the
31 extent specifically authorized and funded by law.
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1 Section 34. Section 1001.28, Florida Statutes, is
2 created to read:
3 1001.28 Distance learning duties.--The duties of the
4 Department of Education concerning distance learning include,
5 but are not limited to, the duty to:
6 (1) Facilitate the implementation of a statewide
7 coordinated system and resource system for cost-efficient
8 advanced telecommunications services and distance education
9 which will increase overall student access to education.
10 (2) Coordinate the use of existing resources,
11 including, but not limited to, the state's satellite
12 transponders on the education satellites, the SUNCOM Network,
13 the Florida Information Resource Network (FIRN), the
14 Department of Management Services, the Department of
15 Corrections, and the Department of Children and Family
16 Services' satellite communication facilities to support a
17 statewide advanced telecommunications services and distance
18 learning network.
19 (3) Assist in the coordination of the utilization of
20 the production and uplink capabilities available through
21 Florida's public television stations, eligible facilities,
22 independent colleges and universities, private firms, and
23 others as needed.
24 (4) Seek the assistance and cooperation of Florida's
25 cable television providers in the implementation of the
26 statewide advanced telecommunications services and distance
27 learning network.
28 (5) Seek the assistance and cooperation of Florida's
29 telecommunications carriers to provide affordable student
30 access to advanced telecommunications services and to distance
31 learning.
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1 (6) Coordinate partnerships for development,
2 acquisition, use, and distribution of distance learning.
3 (7) Secure and administer funding for programs and
4 activities for distance learning from federal, state, local,
5 and private sources and from fees derived from services and
6 materials.
7 (8) Manage the state's satellite transponder resources
8 and enter into lease agreements to maximize the use of
9 available transponder time. All net revenue realized through
10 the leasing of available transponder time, after deducting the
11 costs of performing the management function, shall be recycled
12 to support the public education distance learning in this
13 state based upon an allocation formula of one-third to the
14 Department of Education, one-third to community colleges, and
15 one-third to state universities.
16 (9) Hire appropriate staff which may include a
17 position that shall be exempt from part II of chapter 110 and
18 is included in the Senior Management Service in accordance
19 with s. 110.205.
20
21 Nothing in this section shall be construed to abrogate,
22 supersede, alter, or amend the powers and duties of any state
23 agency, district school board, community college board of
24 trustees, university board of trustees, or the State Board of
25 Education.
26 Section 35. Part II of chapter 1001, Florida Statutes,
27 shall be entitled "School District Governance" and shall
28 consist of ss. 1001.30-1001.55.
29 Section 36. Section 1001.30, Florida Statutes, is
30 created to read:
31
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1 1001.30 District unit.--Each county shall constitute a
2 school district and shall be known as the school district of
3 .... County, Florida. Each district shall constitute a unit
4 for the control, organization, and administration of schools.
5 The responsibility for the actual operation and administration
6 of all schools needed within the districts in conformity with
7 rules and minimum standards prescribed by the state, and also
8 the responsibility for the provision of any desirable and
9 practicable opportunities authorized by law beyond those
10 required by the state, are delegated by law to the school
11 officials of the respective districts.
12 Section 37. Section 1001.31, Florida Statutes, is
13 created to read:
14 1001.31 Scope of district system.--A district school
15 system shall include all public schools, classes, and courses
16 of instruction and all services and activities directly
17 related to education in that district which are under the
18 direction of the district school officials. A district school
19 system may also include alternative site schools for
20 disruptive or violent youth. Such schools for disruptive or
21 violent youth may be funded by each district or provided
22 through cooperative programs administered by a consortium of
23 school districts, private providers, state and local law
24 enforcement agencies, and the Department of Juvenile Justice.
25 Pursuant to cooperative agreement, a district school system
26 shall provide instructional personnel at juvenile justice
27 facilities of 50 or more beds or slots with access to the
28 district school system database for the purpose of accessing
29 student academic, immunization, and registration records for
30 students assigned to the programs. Such access shall be in the
31 same manner as provided to other schools in the district.
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1 Section 38. Section 1001.32, Florida Statutes, is
2 created to read:
3 1001.32 Management, control, operation,
4 administration, and supervision.--The district school system
5 must be managed, controlled, operated, administered, and
6 supervised as follows:
7 (1) DISTRICT SYSTEM.--The district school system shall
8 be considered as a part of the state system of public
9 education. All actions of district school officials shall be
10 consistent and in harmony with state laws and with rules and
11 minimum standards of the state board and the commissioner.
12 District school officials, however, shall have the authority
13 to provide additional educational opportunities, as desired,
14 which are authorized, but not required, by law or by the
15 district school board.
16 (2) DISTRICT SCHOOL BOARD.--In accordance with the
17 provisions of s. 4(b) of Art. IX of the State Constitution,
18 district school boards shall operate, control, and supervise
19 all free public schools in their respective districts and may
20 exercise any power except as expressly prohibited by the State
21 Constitution or general law.
22 (3) DISTRICT SCHOOL SUPERINTENDENT.--Responsibility
23 for the administration and management of the schools and for
24 the supervision of instruction in the district shall be vested
25 in the district school superintendent as the secretary and
26 executive officer of the district school board, as provided by
27 law.
28 (4) SCHOOL PRINCIPAL OR HEAD OF
29 SCHOOL.--Responsibility for the administration of any school
30 or schools at a given school center, for the supervision of
31 instruction therein, and for providing leadership in the
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1 development or revision and implementation of a school
2 improvement plan required pursuant to s. 1001.42(16) shall be
3 delegated to the school principal or head of the school or
4 schools in accordance with rules established by the district
5 school board.
6 Section 39. Section 1001.33, Florida Statutes, is
7 created to read:
8 1001.33 Schools under control of district school board
9 and district school superintendent.--Except as otherwise
10 provided by law, all public schools conducted within the
11 district shall be under the direction and control of the
12 district school board with the district school superintendent
13 as executive officer.
14 Section 40. Part II.a. of chapter 1001, Florida
15 Statutes, shall be entitled "District School Boards" and shall
16 consist of ss. 1001.34-1001.453.
17 Section 41. Section 1001.34, Florida Statutes, is
18 created to read:
19 1001.34 Membership of district school board.--Each
20 district school board shall be composed of not less than five
21 members. Each member of the district school board shall be a
22 qualified elector of the district in which she or he serves,
23 shall be a resident of the district school board member
24 residence area from which she or he is elected, and shall
25 maintain said residency throughout her or his term of office.
26 Section 42. Section 1001.35, Florida Statutes, is
27 created to read:
28 1001.35 Term of office.--District school board members
29 shall be elected at the general election in November for terms
30 of 4 years.
31
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1 Section 43. Section 1001.36, Florida Statutes, is
2 created to read:
3 1001.36 District school board member residence
4 areas.--
5 (1) For the purpose of electing district school board
6 members, each district shall be divided into at least five
7 district school board member residence areas, which shall be
8 numbered one to five, inclusive, and which shall, as nearly as
9 practicable, be equal in population.
10 (a) For those school districts, which have seven
11 district school board members, the district may be divided
12 into five district school board member residence areas, with
13 two district school board members elected at large, or the
14 district may be divided into seven district school board
15 member residence areas. In the latter case, the residence
16 areas shall be numbered one to seven inclusive and shall be
17 equal in population as nearly as practicable.
18 (b) For those school districts which have seven
19 district school board members, the number of district school
20 board member residence areas shall be determined by resolution
21 passed by a majority vote of the district school board.
22 (2) Any district school board may make any change that
23 it deems necessary in the boundaries of any district school
24 board member residence area at any meeting of the district
25 school board, provided that such changes shall be made only in
26 odd-numbered years and that no change that would affect the
27 residence qualifications of any incumbent member shall
28 disqualify such incumbent member during the term for which he
29 or she is elected.
30 (3) Such changes in boundaries shall be shown by
31 resolutions spread upon the minutes of the district school
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1 board, shall be recorded in the office of the clerk of the
2 circuit court, and shall be published at least once in a
3 newspaper published in the district within 30 days after the
4 adoption of the resolution, or, if there be no newspaper
5 published in the district, shall be posted at the county
6 courthouse door for 4 weeks thereafter. A certified copy of
7 this resolution shall be transmitted to the Department of
8 State.
9 Section 44. Section 1001.361, Florida Statutes, is
10 created to read:
11 1001.361 Election of board by districtwide
12 vote.--Notwithstanding any provision of local law or any
13 county charter, the election of members of the district school
14 board shall be by vote of the qualified electors of the entire
15 district in a nonpartisan election as provided in chapter 105.
16 Each candidate for district school board member shall, at the
17 time she or he qualifies, be a resident of the district school
18 board member residence area from which the candidate seeks
19 election. Each candidate who qualifies to have her or his name
20 placed on the ballot shall be listed according to the district
21 school board member residence area in which she or he resides.
22 Each qualified elector of the district shall be entitled to
23 vote for one candidate from each district school board member
24 residence area. The candidate from each district school board
25 member residence area who receives the highest number of votes
26 in the general election shall be elected to the district
27 school board.
28 Section 45. Section 1001.362, Florida Statutes, is
29 created to read:
30
31
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1 1001.362 Alternate procedure for the election of
2 district school board members to provide for single-member
3 representation.--
4 (1) This section shall be known and may be referred to
5 as "The School District Local Option Single-Member
6 Representation Law of 1984."
7 (2) District school board members shall be elected to
8 office in accordance with the provisions of ss. 1001.36 and
9 1001.361, or as otherwise provided by law, unless a
10 proposition calling for single-member representation within
11 the residence areas of the district is submitted to and
12 approved by a majority of the qualified electors voting on
13 such proposition in the manner provided in subsection (3).
14 (a) If the district school board is composed of five
15 members, such proposition shall provide that the five members
16 shall reside one in each of five residence areas, the areas
17 together covering the entire district and as nearly equal in
18 population as practicable, pursuant to s. 1001.36, each of
19 whom shall be elected only by the qualified electors who
20 reside in the same residence area as the member.
21 (b) If the district school board is composed of seven
22 members, at the option of the school board, such proposition
23 shall provide that:
24 1. Five of the seven members shall reside one in each
25 of five residence areas, the areas together covering the
26 entire district and as nearly equal in population as
27 practicable, pursuant to s. 1001.36, each of whom shall be
28 elected only by the qualified electors who reside in the same
29 residence area as the member, and two of the seven members
30 shall be elected at large; or
31
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1 2. All seven members shall reside one in each of seven
2 residence areas, the areas together covering the entire
3 district and as nearly equal in population as practicable,
4 pursuant to s. 1001.36, each of whom shall be elected only by
5 the qualified electors who reside in the same residence area
6 as the member.
7 (c) All members shall be elected for 4-year terms, but
8 such terms shall be staggered so that, alternately, one more
9 or one less than half of the members elected from residence
10 areas and, if applicable, one of the members elected at large
11 from the entire district are elected every 2 years. Any
12 member may be elected to an initial term of less than 4 years
13 if necessary to achieve or maintain such system of staggered
14 terms.
15 (3) A proposition calling for single-member
16 representation within the residence areas of the district
17 shall be submitted to the electors of the district at any
18 primary, general, or otherwise-called special election, in
19 either manner following:
20 (a) The district school board may adopt a formal
21 resolution directing an election to be held to place the
22 proposition on the ballot.
23 (b) The electors of the school district may petition
24 to have the proposition placed on the ballot by presenting to
25 the school board petitions signed by not less than 10 percent
26 of the duly qualified electors residing within the school
27 district. The number of signatures required shall be
28 determined by the supervisor of elections according to the
29 number of registered electors in the district as of the date
30 the petitioning electors register as a political committee as
31 provided in subsection (4).
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1 (4) The electors petitioning to have the proposition
2 placed on the ballot shall register as a political committee
3 pursuant to s. 106.03, and a specific person shall be
4 designated therein as chair of the committee to act for the
5 committee.
6 (5)(a) Each petition form circulated for single-member
7 representation within the residence areas of a district where
8 the school board is composed of five members shall include the
9 wording: "As a registered elector of the school district of
10 .... County, Florida, I am petitioning for a referendum
11 election to determine whether the five school board members of
12 said district shall be elected from single-member residence
13 areas by electors residing in each of those areas only."
14 (b) Each petition form circulated for single-member
15 representation within the residence areas of a district where
16 the district school board is composed of seven members, none
17 of whom are to be elected at large, shall include the wording:
18 "As a registered elector of the school district of ....
19 County, Florida, I am petitioning for a referendum election to
20 determine whether the seven members of said district shall be
21 elected from single-member residence areas by electors
22 residing in each of those areas only."
23 (c) Each petition form circulated for single-member
24 representation within the residence areas of a district where
25 the school board is composed of seven members, two of whom are
26 to be elected at large, shall include the wording: "As a
27 registered elector of the school district of .... County,
28 Florida, I am petitioning for a referendum election to
29 determine whether five of the seven district school board
30 members of said district shall be elected from single-member
31
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1 residence areas by electors residing in each of those areas
2 only, with the two remaining members being elected at large."
3
4 The petition shall also include space for the signature and
5 address of the elector. Each signature obtained shall be
6 dated when made and is valid for a period of 4 years following
7 that date.
8 (6) Upon the filing of the petitions with the district
9 school board by the chair of the committee, the district
10 school board shall submit the petitions to the supervisor of
11 elections for verification of the signatures. Within a period
12 of not more than 30 days, the supervisor of elections shall
13 determine whether the petitions contain the required number of
14 valid signatures. The supervisor of elections shall be paid
15 by the committee seeking verification the sum of 10 cents for
16 each name checked.
17 (7) If it is determined that the petitions have the
18 required signatures, the supervisor of elections shall certify
19 the petitions to the district school board, which shall adopt
20 a resolution requesting that an election date be set to
21 conform to the earliest primary, general, or otherwise-called
22 special election that occurs not less than 30 days after
23 certification of the petitions. If it is determined that the
24 petitions do not contain the required signatures, the
25 supervisor of elections shall so notify the district school
26 board, which shall file the petitions without taking further
27 action, and the matter shall be at an end. No additional names
28 may be added to the petitions, and the petitions may not be
29 used in any other proceeding.
30
31
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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. The district school board may, consistent with adopted
13 district school board policy relating to alternative
14 certification for school principals, appoint persons to the
15 position of school principal who do not hold educator
16 certification.
17 (6) CHILD WELFARE.--In accordance with the provisions
18 of chapters 1003 and 1006, provide for the proper accounting
19 for all children of school age, for the attendance and control
20 of students at school, and for proper attention to health,
21 safety, and other matters relating to the welfare of children.
22 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
23 MATERIALS.--Provide adequate instructional materials for all
24 students in accordance with the requirements of chapter 1006.
25 (8) TRANSPORTATION OF STUDENTS.--After considering
26 recommendations of the district school superintendent, make
27 provision for the transportation of students to the public
28 schools or school activities they are required or expected to
29 attend; authorize transportation routes arranged efficiently
30 and economically; provide the necessary transportation
31 facilities, and, when authorized under rules of the State
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1 Board of Education and if more economical to do so, provide
2 limited subsistence in lieu thereof; and adopt the necessary
3 rules and regulations to ensure safety, economy, and
4 efficiency in the operation of all buses, as prescribed in
5 chapter 1006.
6 (9) SCHOOL PLANT.--Approve plans for locating,
7 planning, constructing, sanitating, insuring, maintaining,
8 protecting, and condemning school property as prescribed in
9 chapter 1013 and as follows:
10 (a) School building program.--Approve and adopt a
11 districtwide school building program.
12 (b) Sites, buildings, and equipment.--
13 1. Select and purchase school sites, playgrounds, and
14 recreational areas located at centers at which schools are to
15 be constructed, of adequate size to meet the needs of
16 projected students to be accommodated.
17 2. Approve the proposed purchase of any site,
18 playground, or recreational area for which district funds are
19 to be used.
20 3. Expand existing sites.
21 4. Rent buildings when necessary.
22 5. Enter into leases or lease-purchase arrangements,
23 in accordance with the requirements and conditions provided in
24 s. 1013.15(2), with private individuals or corporations for
25 the rental of necessary grounds and educational facilities for
26 school purposes or of educational facilities to be erected for
27 school purposes. Current or other funds authorized by law may
28 be used to make payments under a lease-purchase agreement.
29 Notwithstanding any other statutes, if the rental is to be
30 paid from funds received from ad valorem taxation and the
31 agreement is for a period greater than 12 months, an approving
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1 referendum must be held. The provisions of such contracts,
2 including building plans, shall be subject to approval by the
3 Department of Education, and no such contract shall be entered
4 into without such approval. As used in this section,
5 "educational facilities" means the buildings and equipment
6 that are built, installed, or established to serve educational
7 purposes and that may lawfully be used. The State Board of
8 Education may adopt such rules as are necessary to implement
9 these provisions.
10 6. Provide for the proper supervision of construction.
11 7. Make or contract for additions, alterations, and
12 repairs on buildings and other school properties.
13 8. Ensure that all plans and specifications for
14 buildings provide adequately for the safety and well-being of
15 students, as well as for economy of construction.
16 (c) Maintenance and upkeep of school plant.--Provide
17 adequately for the proper maintenance and upkeep of school
18 plants, so that students may attend school without sanitary or
19 physical hazards, and provide for the necessary heat, lights,
20 water, power, and other supplies and utilities necessary for
21 the operation of the schools.
22 (d) Insurance of school property.--Carry insurance on
23 every school building in all school plants including contents,
24 boilers, and machinery, except buildings of three classrooms
25 or less that are of frame construction and located in a tenth
26 class public protection zone as defined by the Florida
27 Inspection and Rating Bureau, and on all school buses and
28 other property under the control of the district school board
29 or title to which is vested in the district school board,
30 except as exceptions may be authorized under rules of the
31 State Board of Education.
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1 (e) Condemnation of buildings.--Condemn and prohibit
2 the use for public school purposes of any building that can be
3 shown for sanitary or other reasons to be no longer suitable
4 for such use and, when any building is condemned by any state
5 or other government agency as authorized in chapter 1013, see
6 that it is no longer used for school purposes.
7 (10) FINANCE.--Take steps to assure students adequate
8 educational facilities through the financial procedure
9 authorized in chapters 1010 and 1011 and as prescribed below:
10 (a) Provide for all schools to operate at least 180
11 days.--Provide for the operation of all public schools, both
12 elementary and secondary, as free schools for a term of at
13 least 180 days or the equivalent on an hourly basis as
14 specified by rules of the State Board of Education; determine
15 district school funds necessary in addition to state funds to
16 operate all schools for such minimum term; and arrange for the
17 levying of district school taxes necessary to provide the
18 amount needed from district sources.
19 (b) Annual budget.--Cause to be prepared, adopt, and
20 have submitted to the Department of Education as required by
21 law and rules of the State Board of Education, the annual
22 school budget, such budget to be so prepared and executed as
23 to promote the improvement of the district school system.
24 (c) Tax levies.--Adopt and spread on its minutes a
25 resolution fixing the district school tax levy, provided for
26 under s. 9, Art. VII of the State Constitution, necessary to
27 carry on the school program adopted for the district for the
28 next ensuing fiscal year as required by law, and fixing the
29 district bond interest and sinking fund tax levy necessary for
30 districts against which bonds are outstanding; and adopt and
31 spread on its minutes a resolution suggesting the tax levy
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1 provided for in s. 9, Art. VII of the State Constitution,
2 found necessary to carry on the school program adopted for the
3 district for the next ensuing fiscal year.
4 (d) School funds.--Require that an accurate account is
5 kept of all funds that should be transmitted to the district
6 school board for school purposes at various periods during the
7 year from all sources and, if any funds are not transmitted
8 promptly, take the necessary steps to have such funds made
9 available.
10 (e) Borrow money.--Borrow money, as prescribed in ss.
11 1011.12-1011.16, when necessary in anticipation of funds
12 reasonably to be expected during the year as shown by the
13 budget.
14 (f) Financial records and accounts.--Provide for
15 keeping of accurate records of all financial transactions.
16 (g) Approval and payment of accounts.--Implement a
17 system of accounting and budgetary control to ensure that
18 payments do not exceed amounts budgeted, as required by law;
19 make available all records for proper audit by state officials
20 or independent certified public accountants; and have prepared
21 required periodic statements to be filed with the Department
22 of Education as provided by rules of the State Board of
23 Education.
24 (h) Bonds of employees.--Fix and prescribe the bonds,
25 and pay the premium on all such bonds, of all school employees
26 who are responsible for school funds in order to provide
27 reasonable safeguards for all such funds or property.
28 (i) Contracts for materials, supplies, and
29 services.--Contract for materials, supplies, and services
30 needed for the district school system. No contract for
31 supplying these needs shall be made with any member of the
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1 district school board, with the district school
2 superintendent, or with any business organization in which any
3 district school board member or the district school
4 superintendent has any financial interest whatsoever.
5 (j) Purchasing regulations to be secured from
6 Department of Management Services.--Secure purchasing
7 regulations and amendments and changes thereto from the
8 Department of Management Services and prior to any purchase
9 have reported to it by its staff, and give consideration to
10 the lowest price available to it under such regulations,
11 provided a regulation applicable to the item or items being
12 purchased has been adopted by the department. The department
13 should meet with educational administrators to expand the
14 inventory of standard items for common usage in all schools
15 and postsecondary educational institutions.
16 (k) Protection against loss.--Provide for adequate
17 protection against any loss or damage to school property or
18 loss resulting from any liability for which the district
19 school board or its officers, agents, or employees may be
20 responsible under law. In fulfilling this responsibility, the
21 district school board may purchase insurance, to be
22 self-insured, to enter into risk management programs managed
23 by district school boards, school-related associations, or
24 insurance companies, or to have any combination thereof in any
25 area to the extent the district school board is either
26 authorized or required by law to contract for insurance. Any
27 risk management program entered into pursuant to this
28 subsection shall provide for strict accountability of all
29 funds to the member district school boards and an annual audit
30 by an independent certified public accountant of all receipts
31 and disbursements.
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1 (l) Internal auditor.--May employ an internal auditor
2 to perform ongoing financial verification of the financial
3 records of the school district. The internal auditor shall
4 report directly to the district school board or its designee.
5 (m) Financial and performance audits.--In addition to
6 the audits required by ss. 11.45 and 218.39, may contract with
7 an independent certified public accountant to conduct a
8 financial or performance audit of its accounts and records
9 retained by it and paid from its public funds.
10 (11) RECORDS AND REPORTS.--Provide for the keeping of
11 all necessary records and the making of all needed or required
12 reports, as follows:
13 (a) Forms, blanks, and reports.--Require all employees
14 to keep accurately all records and to make promptly in the
15 proper form all reports required by law or by rules of the
16 State Board of Education.
17 (b) Reports to the department.--Require that the
18 district school superintendent prepare all reports to the
19 Department of Education that may be required by law or rules
20 of the State Board of Education; see that all such reports are
21 promptly transmitted to the department; withhold the further
22 payment of salary to the superintendent or employee when
23 notified by the department that he or she has failed to file
24 any report within the time or in the manner prescribed; and
25 continue to withhold the salary until the district school
26 board is notified by the department that such report has been
27 received and accepted, provided that when any report has not
28 been received by the date due and after due notice has been
29 given to the district school board of that fact, the
30 department, if it deems necessary, may require the report to
31 be prepared by a member of its staff, and the district school
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1 board shall pay all expenses connected therewith. Any member
2 of the district school board who is responsible for the
3 violation of this provision is subject to suspension and
4 removal.
5 (c) Reports to parents.--Require that, at regular
6 intervals, reports are made by school principals or teachers
7 to parents, apprising them of the progress being made by the
8 students in their studies and giving other needful
9 information.
10 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
11 BOARDS.--May establish and participate in educational
12 consortia that are designed to provide joint programs and
13 services to cooperating school districts, consistent with the
14 provisions of s. 4(b), Art. IX of the State Constitution. The
15 State Board of Education shall adopt rules providing for the
16 establishment, funding, administration, and operation of such
17 consortia.
18 (13) ENFORCEMENT OF LAW AND RULES.--Require that all
19 laws and rules of the State Board of Education or of the
20 district school board are properly enforced.
21 (14) SCHOOL LUNCH PROGRAM.--Assume such
22 responsibilities and exercise such powers and perform such
23 duties as may be assigned to it by law or as may be required
24 by rules of the State Board of Education or, as in the opinion
25 of the district school board, are necessary to ensure school
26 lunch services, consistent with needs of students; effective
27 and efficient operation of the program; and the proper
28 articulation of the school lunch program with other phases of
29 education in the district.
30 (15) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT
31 PROGRAM.--
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1 (a) Adopt procedures whereby the general public can be
2 adequately informed of the educational programs, needs, and
3 objectives of public education within the district, including
4 educational opportunities available through the Florida
5 Virtual School.
6 (b) Encourage teachers and administrators to keep
7 parents informed of student progress, student programs,
8 student attendance requirements pursuant to ss. 1003.26,
9 1003.27, 414.1251, and 984.151, and availability of resources
10 for academic assistance.
11 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
12 ACCOUNTABILITY.--Maintain a system of school improvement and
13 education accountability as provided by statute and State
14 Board of Education rule. This system of school improvement and
15 education accountability shall be consistent with, and
16 implemented through, the district's continuing system of
17 planning and budgeting required by this section and ss.
18 1008.385, 1010.01, and 1011.01. This system of school
19 improvement and education accountability shall include, but is
20 not limited to, the following:
21 (a) School improvement plans.--Annually approve and
22 require implementation of a new, amended, or continuation
23 school improvement plan for each school in the district,
24 except that a district school board may establish a district
25 school improvement plan that includes all schools in the
26 district operating for the purpose of providing educational
27 services to youth in Department of Juvenile Justice programs.
28 Such plan shall be designed to achieve the state education
29 priorities pursuant to s. 1000.03(5) and student performance
30 standards. Each plan shall also address issues relative to
31 budget, training, instructional materials, technology,
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1 staffing, student support services, specific school safety and
2 discipline strategies, and other matters of resource
3 allocation, as determined by district school board policy, and
4 shall be based on an analysis of student achievement and other
5 school performance data.
6 (b) Approval process.--Develop a process for approval
7 of a school improvement plan presented by an individual school
8 and its advisory council. In the event a district school board
9 does not approve a school improvement plan after exhausting
10 this process, the Department of Education shall be notified of
11 the need for assistance.
12 (c) Assistance and intervention.--
13 1. Develop a 2-year plan of increasing individualized
14 assistance and intervention for each school in danger of not
15 meeting state standards or making adequate progress, as
16 defined pursuant to statute and State Board of Education rule,
17 toward meeting the goals and standards of its approved school
18 improvement plan.
19 2. Provide assistance and intervention to a school
20 that is identified as being in performance grade category "D"
21 pursuant to s. 1008.34 and is in danger of failing.
22 3. Develop a plan to encourage teachers with
23 demonstrated mastery in improving student performance to
24 remain at or transfer to a school designated as performance
25 grade category "D" or "F" or to an alternative school that
26 serves disruptive or violent youths. If a classroom teacher,
27 as defined by s. 1012.01(2)(a), who meets the definition of
28 teaching mastery developed according to the provisions of this
29 paragraph, requests assignment to a school designated as
30 performance grade category "D" or "F" or to an alternative
31 school that serves disruptive or violent youths, the district
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1 school board shall make every practical effort to grant the
2 request.
3 4. Prioritize, to the extent possible, the
4 expenditures of funds received from the supplemental academic
5 instruction categorical fund under s. 1011.62(1)(f) to improve
6 student performance in schools that receive a performance
7 grade category designation of "D" or "F."
8 (d) After 2 years.--Notify the Commissioner of
9 Education and the State Board of Education in the event any
10 school does not make adequate progress toward meeting the
11 goals and standards of a school improvement plan by the end of
12 2 years of failing to make adequate progress and proceed
13 according to guidelines developed pursuant to statute and
14 State Board of Education rule. School districts shall provide
15 intervention and assistance to schools in danger of being
16 designated as performance grade category "F," failing to make
17 adequate progress.
18 (e) Public disclosure.--Provide information regarding
19 performance of students and educational programs as required
20 pursuant to ss. 1008.385 and 1008.22 and implement a system of
21 school reports as required by statute and State Board of
22 Education rule that shall include schools operating for the
23 purpose of providing educational services to youth in
24 Department of Juvenile Justice programs, and for those
25 schools, report on the elements specified in s. 1003.52(20).
26 Annual public disclosure reports shall be in an easy-to-read
27 report card format and shall include the school's student and
28 school performance grade category designation and performance
29 data as specified in state board rule.
30 (f) School improvement funds.--Provide funds to
31 schools for developing and implementing school improvement
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1 plans. Such funds shall include those funds appropriated for
2 the purpose of school improvement pursuant to s. 24.121(5)(c).
3 (17) LOCAL-LEVEL DECISIONMAKING.--
4 (a) Adopt policies that clearly encourage and enhance
5 maximum decisionmaking appropriate to the school site. Such
6 policies must include guidelines for schools in the adoption
7 and purchase of district and school site instructional
8 materials and technology, staff training, school advisory
9 council member training, student support services, budgeting,
10 and the allocation of staff resources.
11 (b) Adopt waiver process policies to enable all
12 schools to exercise maximum flexibility and notify advisory
13 councils of processes to waive school district and state
14 policies.
15 (c) Develop policies for periodically monitoring the
16 membership composition of school advisory councils to ensure
17 compliance with requirements established in s. 1001.452.
18 (d) Adopt policies that assist in giving greater
19 autonomy, including authority over the allocation of the
20 school's budget, to schools designated as performance grade
21 category "A," making excellent progress, and schools rated as
22 having improved at least two performance grade categories.
23 (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies
24 allowing students attending schools that have been designated
25 as performance grade category "F," failing to make adequate
26 progress, for 2 school years in a 4-year period to attend a
27 higher performing school in the district or an adjoining
28 district or be granted a state opportunity scholarship to a
29 private school, in conformance with s. 1002.38 and State Board
30 of Education rule.
31
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1 (19) AUTHORITY TO DECLARE AN EMERGENCY.--May declare
2 an emergency in cases in which one or more schools in the
3 district are failing or are in danger of failing and negotiate
4 special provisions of its contract with the appropriate
5 bargaining units to free these schools from contract
6 restrictions that limit the school's ability to implement
7 programs and strategies needed to improve student performance.
8 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
9 anonymity of students in large schools, adopt policies to
10 encourage any school that does not meet the definition of a
11 small school, as established by s. 1013.43(2), to subdivide
12 into schools-within-a-school, that shall operate within
13 existing resources in accordance with the provisions of
14 chapter 1003.
15 (21) FLORIDA VIRTUAL SCHOOL.--Provide students with
16 access to enroll in courses available through the Florida
17 Virtual School and award credit for successful completion of
18 such courses. Access shall be available to students during or
19 after the normal school day, and through summer school
20 enrollment.
21 (22) ADOPT RULES.--Adopt rules pursuant to ss.
22 120.536(1) and 120.54 to implement this section.
23 Section 56. Section 1001.43, Florida Statutes, is
24 created to read:
25 1001.43 Supplemental powers and duties of district
26 school board.--The district school board may exercise the
27 following supplemental powers and duties as authorized by this
28 code or State Board of Education rule.
29 (1) STUDENT MANAGEMENT.--The district school board may
30 adopt programs and policies to ensure the safety and welfare
31
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1 of individuals, the student body, and school personnel, which
2 programs and policies may:
3 (a) Prohibit the possession of weapons and drugs on
4 campus, student hazing, and other activities that could
5 threaten the operation of the school or the safety and welfare
6 of the student body or school personnel.
7 (b) Require uniforms to be worn by the student body,
8 or impose other dress-related requirements, if the district
9 school board finds that those requirements are necessary for
10 the safety or welfare of the student body or school personnel.
11 (c) Provide procedures for student dismissal
12 precautions and for granting permission for students to leave
13 school grounds during school hours, including releasing a
14 student from school upon request by a parent or for public
15 appearances of school groups.
16 (d) Provide procedures for managing protests,
17 demonstrations, sit-ins, walk-outs, or other acts of civil
18 disobedience.
19 (e) Provide procedures for detaining students and for
20 readmission of students after expulsion.
21 (f) Regulate student automobile use and parking.
22 (2) FISCAL MANAGEMENT.--The district school board may
23 adopt policies providing for fiscal management of the school
24 district with respect to school purchasing, facilities,
25 nonstate revenue sources, budgeting, fundraising, and other
26 activities relating to the fiscal management of district
27 resources, including, but not limited to, the policies
28 governing:
29 (a) Sales calls and demonstrations by agents,
30 solicitors, salespersons, and vendors on campus; local
31 preference criteria for vendors; specifications for quantity
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1 purchasing; prioritization of awards for bids; declining bid
2 awards; and purchase requisitions, approvals, and routing.
3 (b) Sales by booster clubs; marathon fundraisers; and
4 student sales of candy, paper products, or other goods
5 authorized by the district school board.
6 (c) Inventory and disposal of district property; use
7 of safe-deposit boxes; and selection of real estate
8 appraisers.
9 (d) Payment of contractors and other service
10 providers.
11 (e) Accounting systems; petty cash accounts procedures
12 and reporting; school activities funds procedures and
13 reporting; management and reporting of grants from private
14 sources; and management of funds, including auxiliary
15 enterprise funds.
16 (f) District budgeting system, including setting
17 budget deadlines and schedules, budget planning, and
18 implementation and determination of budget priorities.
19 (3) INSTRUCTIONAL AIDS.--The district school board may
20 adopt policies providing for innovative teaching techniques,
21 teaching programs and methods, instructional aids and
22 objectives, extracurricular and interscholastic activities,
23 and supplemental programs including, but not limited to,
24 policies providing for:
25 (a) Use of technology, including appropriate use of
26 the Internet as a tool for learning.
27 (b) Instructional priorities and objectives, pilot
28 projects and evaluations, curriculum adoption and design, and
29 lesson planning.
30 (c) Extracurricular and interscholastic activities,
31 including field trips, publishing a student newspaper and
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1 other publications, and special programs relating to the arts,
2 music, or other topics of current interest.
3 (d) Participation in physical education programs,
4 including appropriate physical education attire and protective
5 gear; programs for exceptional students; summer school; and
6 the Title I program, including comparability procedures.
7 (4) FACILITIES MANAGEMENT.--The district school board
8 may adopt policies providing for management of the physical
9 campus and its environs, including, but not limited to, energy
10 conservation measures; building and ground maintenance;
11 fencing, landscaping, and other property improvements; site
12 acquisition; new construction and renovation; dedication and
13 rededication or naming and renaming of district buildings and
14 other district facilities; and development of facilities
15 management planning and priorities.
16 (5) SCHOOL COMMUNITY RELATIONS.--The district school
17 board may adopt policies governing public gifts and donations
18 to schools; input from the community concerning instruction
19 resources; advertising in schools; participation in community
20 affairs, including coordination with local governments and
21 planning authorities; protocols for interagency agreements;
22 business community partnerships; community use of school
23 facilities; public solicitations in schools, including the
24 distribution and posting of promotional materials and
25 literature; visitors to the school campus; school advisory
26 councils; and parent volunteers and chaperones.
27 (6) LEGAL ISSUES.--The district school board may adopt
28 policies and procedures necessary to implement federal
29 mandates and programs, court orders, and other legal
30 requirements of the state.
31
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1 (7) FIRST AID AND EMERGENCIES.--The district school
2 board may adopt programs and policies to ensure appropriate
3 response in emergency situations; the provision of first aid
4 to individuals, the student body, and school personnel; and
5 the effective management of student illness, which programs
6 and policies may include, but are not limited to:
7 (a) The provision of first aid and emergency medical
8 care and the provision of school health care facilities and
9 services.
10 (b) The provision of school safety patrol.
11 (c) Procedures for reporting hazards, including
12 threats of nature, bomb threats, threatening messages, and
13 similar occurrences, and the provision of warning systems
14 including alarm systems and other technical devices.
15 (d) Procedures for evacuating the classrooms,
16 playground, or any other district facility.
17 (e) Procedures for reporting accidents, including
18 traffic accidents and traffic violations involving
19 district-owned vehicles.
20 (f) Student insurance programs.
21 (8) STUDENT ASSESSMENT AND AFFAIRS.--The district
22 school board may adopt policies and procedures governing
23 attendance monitoring and checks; truancy; graduation
24 requirements and graduation exercises; fees, fines, and
25 charges imposed on students; evaluation of student records and
26 transcripts; transfer of student records; grading and academic
27 evaluation of students; tests and examinations, including
28 early examinations; guidance and counseling; and student
29 participation in competitions, student performances and
30 exhibitions, contests for students, and social events.
31
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1 (9) ADMINISTRATIVE SUPPORT SERVICES.--The district
2 school board may adopt policies and procedures governing
3 purchase of property insurance, including comprehensive
4 general liability insurance; transportation of students for
5 extracurricular activities and special events, including
6 transportation of students in privately owned vehicles;
7 transportation of district personnel, including personal use
8 of district owned vehicles; computer security and computer
9 room access and computer database resources; mail and delivery
10 services, including use of couriers; copyright compliance; and
11 computerized data systems, including computer use,
12 transmission of data, access to the Internet, and other
13 technology-based services.
14 (10) DISTRICT SCHOOL BOARD GOVERNANCE AND
15 OPERATIONS.--The district school board may adopt policies and
16 procedures necessary for the daily business operation of the
17 district school board, including, but not limited to, the
18 provision of legal services for the district school board;
19 conducting a district legislative program; district school
20 board member participation at conferences, conventions, and
21 workshops, including member compensation and reimbursement for
22 expenses; district school board policy development, adoption,
23 and repeal; district school board meeting procedures,
24 including participation via telecommunications networks, use
25 of technology at meetings, and presentations by nondistrict
26 personnel; citizen communications with the district school
27 board and with individual district school board members;
28 collaboration with local government and other entities as
29 required by law; and organization of the district school
30 board, including special committees and advisory committees.
31
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1 (11) PERSONNEL.--The district school board may adopt
2 policies and procedures necessary for the management of all
3 personnel of the school system.
4 (12) COOPERATION WITH COMMUNITY COLLEGES.--The
5 district school board shall work with the community colleges
6 in the district to ensure that the community college students
7 have access to remedial education.
8 Section 57. Section 1001.44, Florida Statutes, is
9 created to read:
10 1001.44 Technical centers.--
11 (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE
12 TECHNICAL CENTERS.--Any district school board, after first
13 obtaining the approval of the Department of Education, may, as
14 a part of the district school system, organize, establish and
15 operate a technical center, or acquire and operate a technical
16 school previously established.
17 (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
18 ESTABLISH OR ACQUIRE TECHNICAL CENTERS.--The district school
19 boards of any two or more contiguous districts may, upon first
20 obtaining the approval of the department, enter into an
21 agreement to organize, establish and operate, or acquire and
22 operate, a technical center under this section.
23 (3) TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM
24 DIRECTED BY A DIRECTOR.--
25 (a) A technical center established or acquired under
26 provisions of law and minimum standards prescribed by the
27 commissioner shall comprise a part of the district school
28 system and shall mean an educational institution offering
29 terminal courses of a technical nature, and courses for
30 out-of-school youth and adults; shall be subject to all
31 applicable provisions of this code; shall be under the control
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1 of the district school board of the school district in which
2 it is located; and shall be directed by a director responsible
3 through the district school superintendent to the district
4 school board of the school district in which the center is
5 located.
6 (b) Each technical center shall maintain an academic
7 transcript for each student enrolled in the center. Such
8 transcript shall delineate each course completed by the
9 student. Courses shall be delineated by the course prefix and
10 title assigned pursuant to s. 1007.24. The center shall make
11 a copy of a student's transcript available to any student who
12 requests it.
13 Section 58. Section 1001.451, Florida Statutes, is
14 created to read:
15 1001.451 Regional consortium service
16 organizations.--In order to provide a full range of programs
17 to larger numbers of students, minimize duplication of
18 services, and encourage the development of new programs and
19 services:
20 (1) School districts with 20,000 or fewer unweighted
21 full-time equivalent students may enter into cooperative
22 agreements to form a regional consortium service organization.
23 Each regional consortium service organization shall provide,
24 at a minimum, three of the following services: exceptional
25 student education; teacher education centers; environmental
26 education; federal grant procurement and coordination; data
27 processing; health insurance; risk management insurance; staff
28 development; purchasing; or planning and accountability.
29 (2)(a) Each regional consortium service organization
30 that consists of four or more school districts is eligible to
31 receive, through the Department of Education, an incentive
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1 grant of $25,000 per school district to be used for the
2 delivery of services within the participating school
3 districts.
4 (b) Application for incentive grants shall be made to
5 the Commissioner of Education by July 30 of each year for
6 distribution to qualifying regional consortium service
7 organizations by January 1 of the fiscal year.
8 Section 59. Section 1001.452, Florida Statutes, is
9 created to read:
10 1001.452 District and school advisory councils.--
11 (1) ESTABLISHMENT.--
12 (a) The district school board shall establish an
13 advisory council for each school in the district and shall
14 develop procedures for the election and appointment of
15 advisory council members. Each school advisory council shall
16 include in its name the words "school advisory council." The
17 school advisory council shall be the sole body responsible for
18 final decisionmaking at the school relating to implementation
19 of the provisions of ss. 1008.345, and 1001.42(16). A majority
20 of the members of each school advisory council must be persons
21 who are not employed by the school. Each advisory council
22 shall be composed of the principal and an appropriately
23 balanced number of teachers, education support employees,
24 students, parents, and other business and community citizens
25 who are representative of the ethnic, racial, and economic
26 community served by the school. Technical center and high
27 school advisory councils shall include students, and middle
28 and junior high school advisory councils may include students.
29 School advisory councils of technical and adult education
30 centers are not required to include parents as members.
31 Council members representing teachers, education support
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1 employees, students, and parents shall be elected by their
2 respective peer groups at the school in a fair and equitable
3 manner as follows:
4 1. Teachers shall be elected by teachers.
5 2. Education support employees shall be elected by
6 education support employees.
7 3. Students shall be elected by students.
8 4. Parents shall be elected by parents.
9
10 The district school board shall establish procedures for use
11 by schools in selecting business and community members that
12 include means of ensuring wide notice of vacancies and of
13 taking input on possible members from local business, chambers
14 of commerce, community and civic organizations and groups, and
15 the public at large. The district school board shall review
16 the membership composition of each advisory council. If the
17 district school board determines that the membership elected
18 by the school is not representative of the ethnic, racial, and
19 economic community served by the school, the district school
20 board shall appoint additional members to achieve proper
21 representation. The commissioner shall determine if schools
22 have maximized their efforts to include on their advisory
23 councils minority persons and persons of lower socioeconomic
24 status. Although schools are strongly encouraged to establish
25 school advisory councils, the district school board of any
26 school district that has a student population of 10,000 or
27 fewer may establish a district advisory council which shall
28 include at least one duly elected teacher from each school in
29 the district. For the purposes of school advisory councils
30 and district advisory councils, the term "teacher" shall
31 include classroom teachers, certified student services
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1 personnel, and media specialists. For purposes of this
2 paragraph, "education support employee" means any person
3 employed by a school who is not defined as instructional or
4 administrative personnel pursuant to s. 1012.01 and whose
5 duties require 20 or more hours in each normal working week.
6 (b) The district school board may establish a district
7 advisory council representative of the district and composed
8 of teachers, students, parents, and other citizens or a
9 district advisory council that may be comprised of
10 representatives of each school advisory council. Recognized
11 schoolwide support groups that meet all criteria established
12 by law or rule may function as school advisory councils.
13 (c) For those schools operating for the purpose of
14 providing educational services to youth in Department of
15 Juvenile Justice programs, district school boards may
16 establish a district advisory council with appropriate
17 representatives for the purpose of developing and monitoring a
18 district school improvement plan that encompasses all such
19 schools in the district, pursuant to s. 1001.42(16)(a).
20 (2) DUTIES.--Each advisory council shall perform such
21 functions as are prescribed by regulations of the district
22 school board; however, no advisory council shall have any of
23 the powers and duties now reserved by law to the district
24 school board. Each school advisory council shall assist in the
25 preparation and evaluation of the school improvement plan
26 required pursuant to s. 1001.42(16). With technical assistance
27 from the Department of Education, each school advisory council
28 shall assist in the preparation of the school's annual budget
29 and plan as required by s. 1008.385(1). A portion of funds
30 provided in the annual General Appropriations Act for use by
31
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1 school advisory councils must be used for implementing the
2 school improvement plan.
3 Section 60. Section 1001.453, Florida Statutes, is
4 created to read:
5 1001.453 Direct-support organization; use of property;
6 board of directors; audit.--
7 (1) DEFINITIONS.--For the purposes of this section,
8 the term:
9 (a) "District school board direct-support
10 organization" means an organization that:
11 1. Is approved by the district school board;
12 2. Is a Florida corporation not for profit,
13 incorporated under the provisions of chapter 617 and approved
14 by the Department of State; and
15 3. Is organized and operated exclusively to receive,
16 hold, invest, and administer property and to make expenditures
17 to or for the benefit of public kindergarten through 12th
18 grade education and adult career and technical and community
19 education programs in this state.
20 (b) "Personal services" includes full-time or
21 part-time personnel, as well as payroll processing.
22 (2) USE OF PROPERTY.--A district school board:
23 (a) Is authorized to permit the use of property,
24 facilities, and personal services of the district by a
25 direct-support organization, subject to the provisions of this
26 section.
27 (b) Shall prescribe by rule conditions with which a
28 district school board direct-support organization must comply
29 in order to use property, facilities, or personal services of
30 the district. Adoption of such rules shall be coordinated with
31 the Department of Education. The rules shall provide for
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1 budget and audit review and oversight by the district school
2 board and the department.
3 (c) Shall not permit the use of property, facilities,
4 or personal services of a direct-support organization if such
5 organization does not provide equal employment opportunities
6 to all persons, regardless of race, color, religion, sex, age,
7 or national origin.
8 (3) BOARD OF DIRECTORS.--The board of directors of the
9 district school board direct-support organization shall be
10 approved by the district school board.
11 (4) ANNUAL AUDIT.--Each direct-support organization
12 with more than $100,000 in expenditures or expenses shall
13 provide for an annual financial audit of its accounts and
14 records, to be conducted by an independent certified public
15 accountant in accordance with rules adopted by the Auditor
16 General pursuant to s. 11.45(8) and the Commissioner of
17 Education. The annual audit report shall be submitted within 9
18 months after the fiscal year's end to the district school
19 board and the Auditor General. The Commissioner of Education,
20 the Auditor General, and the Office of Program Policy Analysis
21 and Government Accountability have the authority to require
22 and receive from the organization or the district auditor any
23 records relative to the operation of the organization. The
24 identity of donors and all information identifying donors and
25 prospective donors are confidential and exempt from the
26 provisions of s. 119.07(1), and that anonymity shall be
27 maintained in the auditor's report. All other records and
28 information shall be considered public records for the
29 purposes of chapter 119.
30
31
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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. 1004.725.
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
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1 part. The corporation shall maintain coverage under the State
2 Risk Management Trust Fund as provided in chapter 284.
3 (4) No bureau, department, division, agency, or
4 subdivision of the state shall exercise any responsibility and
5 authority to operate any state university except as
6 specifically provided by law or rules of the State Board of
7 Education. This section shall not prohibit any department,
8 bureau, division, agency, or subdivision of the state from
9 providing access to programs or systems or providing other
10 assistance to a state university pursuant to an agreement
11 between the board of trustees and such department, bureau,
12 division, agency, or subdivision of the state.
13 (5) University boards of trustees shall be
14 corporations primarily acting as instrumentalities or agencies
15 of the state, pursuant to s. 768.28(2), for purposes of
16 sovereign immunity.
17 Section 85. Section 1001.73, Florida Statutes, is
18 created to read:
19 1001.73 University board empowered to act as
20 trustee.--
21 (1) Whenever appointed by any competent court of the
22 state, or by any statute, or in any will, deed, or other
23 instrument, or in any manner whatever as trustee of any funds
24 or real or personal property in which any of the institutions
25 or agencies under its management, control, or supervision, or
26 their departments or branches or students, faculty members,
27 officers, or employees, may be interested as beneficiaries, or
28 otherwise, or for any educational purpose, a university board
29 of trustees is hereby authorized to act as trustee with full
30 legal capacity as trustee to administer such trust property,
31 and the title thereto shall vest in said board as trustee. In
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1 all such cases, the university board of trustees shall have
2 the power and capacity to do and perform all things as fully
3 as any individual trustee or other competent trustee might do
4 or perform, and with the same rights, privileges, and duties,
5 including the power, capacity, and authority to convey,
6 transfer, mortgage, or pledge such property held in trust and
7 to contract and execute all other documents relating to said
8 trust property which may be required for, or appropriate to,
9 the administration of such trust or to accomplish the purposes
10 of any such trust.
11 (2) Deeds, mortgages, leases, and other contracts of
12 the university board of trustees relating to real property of
13 any such trust or any interest therein may be executed by the
14 university board of trustees, as trustee, in the same manner
15 as is provided by the laws of the state for the execution of
16 similar documents by other corporations or may be executed by
17 the signatures of a majority of the members of the board of
18 trustees; however, to be effective, any such deed, mortgage,
19 or lease contract for more than 10 years of any trust
20 property, executed hereafter by the university board of
21 trustees, shall be approved by a resolution of the State Board
22 of Education; and such approving resolution may be evidenced
23 by the signature of either the chair or the secretary of the
24 State Board of Education to an endorsement on the instrument
25 approved, reciting the date of such approval, and bearing the
26 seal of the State Board of Education. Such signed and sealed
27 endorsement shall be a part of the instrument and entitled to
28 record without further proof.
29 (3) Any and all such appointments of, and acts by, the
30 Board of Regents as trustee of any estate, fund, or property
31 prior to May 18, 1949, are hereby validated, and said board's
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1 capacity and authority to act as trustee subject to the
2 provisions of s. 1000.01(5)(a) in all of such cases is
3 ratified and confirmed; and all deeds, conveyances, lease
4 contracts, and other contracts heretofore executed by the
5 Board of Regents, either by the signatures of a majority of
6 the members of the board or in the board's name by its chair
7 or chief executive officer, are hereby approved, ratified,
8 confirmed, and validated.
9 (4) Nothing herein shall be construed to authorize a
10 university board of trustees to contract a debt on behalf of,
11 or in any way to obligate, the state; and the satisfaction of
12 any debt or obligation incurred by the university board as
13 trustee under the provisions of this section shall be
14 exclusively from the trust property, mortgaged or encumbered;
15 and nothing herein shall in any manner affect or relate to the
16 provisions of ss. 1010.61-1010.619, or s. 1013.78.
17 Section 86. Section 1001.74, Florida Statutes, is
18 created to read:
19 1001.74 Powers and duties of university boards of
20 trustees.--
21 (1) The boards of trustees shall be responsible for
22 cost-effective policy decisions appropriate to the
23 university's mission, the implementation and maintenance of
24 high quality education programs within law and rules of the
25 State Board of Education, the measurement of performance, the
26 reporting of information, and the provision of input regarding
27 state policy, budgeting, and education standards.
28 (2) Each board of trustees is vested with the
29 authority to govern its university, as necessary to provide
30 proper governance and improvement of the university in
31 accordance with law and with rules of the State Board of
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1 Education. Each board of trustees shall perform all duties
2 assigned by law or by rule of the State Board of Education or
3 the Commissioner 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) Each board of trustees may adopt rules pursuant to
10 ss. 120.536(1) and 120.54 to implement the provisions of law
11 conferring duties upon it. Such rules must be consistent with
12 rules of the State Board of Education.
13 (5) Each board of trustees shall have the authority to
14 acquire real and personal property and contract for the sale
15 and disposal of same and approve and execute contracts for the
16 purchase, sale, lease, license, or acquisition of commodities,
17 goods, equipment, contractual services, leases of real and
18 personal property, and construction. The acquisition may
19 include purchase by installment or lease-purchase. Such
20 contracts may provide for payment of interest on the unpaid
21 portion of the purchase price. Title to all real property
22 acquired prior to January 7, 2003, and to all real property
23 acquired with funds appropriated by the Legislature shall be
24 vested in the Board of Trustees of the Internal Improvement
25 Trust Fund and shall be transferred and conveyed by it.
26 Notwithstanding any other provisions of this subsection, each
27 board of trustees shall comply with the provisions of s.
28 287.055 for the procurement of professional services as
29 defined therein.
30 (6) Each board of trustees shall have responsibility
31 for the use, maintenance, protection, and control of
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1 university-owned or university-controlled buildings and
2 grounds, property and equipment, name, trademarks and other
3 proprietary marks, and the financial and other resources of
4 the university. Such authority may include placing
5 restrictions on activities and on access to facilities,
6 firearms, food, tobacco, alcoholic beverages, distribution of
7 printed materials, commercial solicitation, animals, and
8 sound. The authority vested in the board of trustees in this
9 subsection includes the prioritization of the use of space,
10 property, equipment, and resources and the imposition of
11 charges for those items.
12 (7) Each board of trustees has responsibility for the
13 establishment and discontinuance of degree programs up to and
14 including the master's degree level; the establishment and
15 discontinuance of course offerings; provision of credit and
16 noncredit educational offerings; location of classes; services
17 provided; and dissemination of information concerning such
18 programs and services. Approval of new programs must be
19 pursuant to criteria established by the State Board of
20 Education.
21 (8) Each board of trustees is authorized to create
22 divisions of sponsored research pursuant to the provisions of
23 s. 1011.411 to serve the function of administration and
24 promotion of the programs of research.
25 (9) Each board of trustees has responsibility for:
26 ensuring that students have access to general education
27 courses as identified in rule and requiring no more than 120
28 semester hours of coursework for baccalaureate degree programs
29 unless approved by the State Board of Education. At least half
30 of the required coursework for any baccalaureate degree must
31
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1 be offered at the lower-division level, except in program
2 areas approved by the State Board of Education.
3 (10) Each board of trustees has responsibility for
4 policies related to students, enrollment of students, student
5 activities and organizations, financial assistance, and other
6 student services.
7 (a) Each board of trustees shall govern admission of
8 students pursuant to s. 1007.261 and rules of the State Board
9 of Education. Each board of trustees may consider the past
10 actions of any person applying for admission or enrollment and
11 may deny admission or enrollment to an applicant because of
12 misconduct if determined to be in the best interest of the
13 university.
14 (b) Each board of trustees shall establish student
15 performance standards for the award of degrees and
16 certificates.
17 (c) Each board of trustees must identify its core
18 curricula and work with school districts to ensure that its
19 curricula coordinate with the core curricula and prepare
20 students for college-level work.
21 (d) Each board of trustees must adopt a written
22 antihazing policy, appropriate penalties for violations of
23 such policy, and a program for enforcing such policy.
24 (e) Each board of trustees may establish a uniform
25 code of conduct and appropriate penalties for violations of
26 its rules by students and student organizations, including
27 rules governing student academic honesty. Such penalties,
28 unless otherwise provided by law, may include fines, the
29 withholding of diplomas or transcripts pending compliance with
30 rules or payment of fines, and the imposition of probation,
31 suspension, or dismissal.
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1 (f) Each board of trustees shall establish a
2 committee, at least one-half of the members of which shall be
3 students appointed by the student body president, to
4 periodically review and evaluate the student judicial system.
5 (g) Each board of trustees must adopt a policy
6 pursuant to s. 1006.53 that reasonably accommodates the
7 religious observance, practice, and belief of individual
8 students in regard to admissions, class attendance, and the
9 scheduling of examinations and work assignments.
10 (h) A board of trustees may establish
11 intrainstitutional and interinstitutional programs to maximize
12 articulation pursuant to s. 1007.22.
13 (i) Each board of trustees shall approve the internal
14 procedures of student government organizations.
15 (11) Each board of trustees shall establish fees
16 pursuant to ss. 1009.24 and 1009.26.
17 (12) Each board of trustees shall submit an
18 institutional budget request, including a request for fixed
19 capital outlay, and an operating budget to the State Board of
20 Education for approval in accordance with guidelines
21 established by the State Board of Education.
22 (13) Each board of trustees shall account for
23 expenditures of all state, local, federal, and other funds in
24 the manner described by the Department of Education.
25 (14) Each board of trustees shall develop a strategic
26 plan specifying institutional goals and objectives for the
27 university for recommendation to the State Board of Education.
28 (15) Each board of trustees shall develop an
29 accountability plan pursuant to guidelines established by the
30 State Board of Education.
31
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1 (16) Each board of trustees shall maintain an
2 effective information system to provide accurate, timely, and
3 cost-effective information about the university.
4 (17) Each board of trustees is authorized to secure
5 comprehensive general liability insurance pursuant to s.
6 1004.24.
7 (18) Each board of trustees may provide for payment of
8 the costs of civil actions against officers, employees, or
9 agents of the board pursuant to s. 1012.965.
10 (19) Each board of trustees shall establish the
11 personnel program for all employees of the university,
12 including the president, pursuant to the provisions of chapter
13 1012 and, in accordance with rules and guidelines of the State
14 Board of Education, including: compensation and other
15 conditions of employment, recruitment and selection,
16 nonreappointment, standards for performance and conduct,
17 evaluation, benefits and hours of work, leave policies,
18 recognition and awards, inventions and works, travel, learning
19 opportunities, exchange programs, academic freedom and
20 responsibility, promotion, assignment, demotion, transfer,
21 tenure and permanent status, ethical obligations and conflicts
22 of interest, restrictive covenants, disciplinary actions,
23 complaints, appeals and grievance procedures, and separation
24 and termination from employment. The Department of Management
25 Services shall retain authority over state university
26 employees for programs established in ss. 110.123, 110.1232,
27 110.1234, and 110.1238 and in chapters 121, 122, and 238.
28 (20) Each board of trustees may consider the past
29 actions of any person applying for employment and may deny
30 employment to a person because of misconduct if determined to
31 be in the best interest of the university.
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1 (21) Each board of trustees shall appoint a
2 presidential search committee to make recommendations to the
3 full board of trustees, from which the board of trustees may
4 select a candidate for ratification by the State Board of
5 Education.
6 (22) Each board of trustees shall conduct an annual
7 evaluation of the president in accordance with rules of the
8 State Board of Education and submit such evaluations to the
9 State Board of Education for review. The evaluation must
10 address the achievement of the performance goals established
11 by the accountability process implemented pursuant to s.
12 1008.46 and the performance of the president in achieving the
13 annual and long-term goals and objectives established in the
14 institution's employment equity accountability program
15 implemented pursuant to s. 1012.95.
16 (23) Each board of trustees constitutes the
17 contracting agent of the university.
18 (24) Each board of trustees may enter into agreements
19 for, and accept, credit card payments as compensation for
20 goods, services, tuition, and fees.
21 (25) Each board of trustees may establish educational
22 research centers for child development pursuant to s. 1011.48.
23 (26) Each board of trustees may develop and produce
24 work products relating to educational endeavors that are
25 subject to trademark, copyright, or patent statutes pursuant
26 to s. 1004.23.
27 (27) Each board of trustees shall submit to the State
28 Board of Education, for approval, all new campuses and
29 instructional centers.
30
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1 (28) Each board of trustees shall administer a program
2 for the maintenance and construction of facilities pursuant to
3 chapter 1013.
4 (29) Each board of trustees shall ensure compliance
5 with the provisions of s. 287.09451 for all procurement and
6 ss. 255.101 and 255.102 for construction contracts, and rules
7 adopted pursuant thereto, relating to the utilization of
8 minority business enterprises, except that procurements
9 costing less than the amount provided for in CATEGORY FIVE as
10 provided in s. 287.017 shall not be subject to s. 287.09451.
11 (30) Each board of trustees may exercise the right of
12 eminent domain pursuant to the provisions of chapter 1013. Any
13 suits or actions brought by the board of trustees shall be
14 brought in the name of the board of trustees, and the
15 Department of Legal Affairs shall conduct the proceedings for,
16 and act as the counsel of, the board of trustees.
17 (31) Notwithstanding the provisions of s. 253.025,
18 each board of trustees may, with the consent of the Board of
19 Trustees of the Internal Improvement Trust Fund, sell, convey,
20 transfer, exchange, trade, or purchase real property and
21 related improvements necessary and desirable to serve the
22 needs and purposes of the university.
23 (a) The board of trustees may secure appraisals and
24 surveys. The board of trustees shall comply with the rules of
25 the Board of Trustees of the Internal Improvement Trust Fund
26 in securing appraisals. Whenever the board of trustees finds
27 it necessary for timely property acquisition, it may contract,
28 without the need for competitive selection, with one or more
29 appraisers whose names are contained on the list of approved
30 appraisers maintained by the Division of State Lands in the
31 Department of Environmental Protection.
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1 (b) The board of trustees may negotiate and enter into
2 an option contract before an appraisal is obtained. The option
3 contract must state that the final purchase price may not
4 exceed the maximum value allowed by law. The consideration for
5 such an option contract may not exceed 10 percent of the
6 estimate obtained by the board of trustees or 10 percent of
7 the value of the parcel, whichever is greater, unless
8 otherwise authorized by the board of trustees.
9 (c) This subsection is not intended to abrogate in any
10 manner the authority delegated to the Board of Trustees of the
11 Internal Improvement Trust Fund or the Division of State Lands
12 to approve a contract for purchase of state lands or to
13 require policies and procedures to obtain clear legal title to
14 parcels purchased for state purposes. Title to property
15 acquired by a university board of trustees prior to January 7,
16 2003, and to property acquired with funds appropriated by the
17 Legislature shall vest in the Board of Trustees of the
18 Internal Improvement Trust Fund.
19 (32) Each board of trustees shall prepare and adopt a
20 campus master plan pursuant to s. 1013.30.
21 (33) Each board of trustees shall prepare, adopt, and
22 execute a campus development agreement pursuant to s. 1013.30.
23 (34) Each board of trustees has responsibility for
24 compliance with state and federal laws, rules, regulations,
25 and requirements.
26 (35) Each board of trustees may govern traffic on the
27 grounds of that campus pursuant to s. 1006.66.
28 (36) A board of trustees has responsibility for
29 supervising faculty practice plans for the academic health
30 science centers.
31
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1 (37) Each board of trustees shall prescribe conditions
2 for direct-support organizations and university health
3 services support organizations to be certified and to use
4 university property and services. Conditions relating to
5 certification must provide for audit review and oversight by
6 the board of trustees.
7 (38) Each board of trustees shall actively implement a
8 plan, in accordance with guidelines of the State Board of
9 Education, for working on a regular basis with the other
10 university boards of trustees, representatives of the
11 community college boards of trustees, and representatives of
12 the district school boards, to achieve the goals of the
13 seamless education system.
14 (39) Notwithstanding the provisions of s. 216.351, a
15 board of trustees may authorize the rent or lease of parking
16 facilities, provided that such facilities are funded through
17 parking fees or parking fines imposed by a university. A board
18 of trustees may authorize a university to charge fees for
19 parking at such rented or leased parking facilities.
20 (40) Each board of trustees may adopt rules and
21 procedures related to data and technology, including
22 information systems, communications systems, computer hardware
23 and software, and networks.
24 (41) A board of trustees shall perform such other
25 duties as are provided by law or rule of the State Board of
26 Education.
27 Section 87. Section 1001.75, Florida Statutes, is
28 created to read:
29 1001.75 University presidents; powers and duties.--The
30 president is the chief executive officer of the state
31 university, shall be corporate secretary of the university
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1 board of trustees, and is responsible for the operation and
2 administration of the university. Each state university
3 president shall:
4 (1) Recommend the adoption of rules, as appropriate,
5 to the university board of trustees to implement provisions of
6 law governing the operation and administration of the
7 university, which shall include the specific powers and duties
8 enumerated in this section. Such rules shall be consistent
9 with the mission of the university and the rules and policies
10 of the State Board of Education.
11 (2) Prepare a budget request and an operating budget
12 for approval by the university board of trustees.
13 (3) Establish and implement policies and procedures to
14 recruit, appoint, transfer, promote, compensate, evaluate,
15 reward, demote, discipline, and remove personnel, within law
16 and rules of the State Board of Education and in accordance
17 with rules or policies approved by the university board of
18 trustees.
19 (4) Govern admissions, subject to law and rules or
20 policies of the university board of trustees and the State
21 Board of Education.
22 (5) Approve, execute, and administer contracts for and
23 on behalf of the university board of trustees for licenses;
24 the acquisition or provision of commodities, goods, equipment,
25 and services; leases of real and personal property; and
26 planning and construction to be rendered to or by the
27 university, provided such contracts are within law and rules
28 of the State Board of Education and in conformance with
29 policies of the university board of trustees, and are for the
30 implementation of approved programs of the university.
31 University presidents shall comply with the provisions of s.
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1 287.055 for the procurement of professional services and may
2 approve and execute all contracts on behalf of the board of
3 trustees for planning, construction, and equipment. For the
4 purposes of a university president's contracting authority, a
5 "continuing contract" for professional services under the
6 provisions of s. 287.055 is one in which construction costs do
7 not exceed $1 million or the fee for study activity does not
8 exceed $100,000.
9 (6) Act for the university board of trustees as
10 custodian of all university property.
11 (7) Establish the internal academic calendar of the
12 university within general guidelines of the State Board of
13 Education.
14 (8) Administer the university's program of
15 intercollegiate athletics.
16 (9) Recommend to the board of trustees the
17 establishment and termination of undergraduate and
18 master's-level degree programs within the approved role and
19 scope of the university.
20 (10) Award degrees.
21 (11) Recommend to the board of trustees a schedule of
22 tuition and fees to be charged by the university, within law
23 and rules of the State Board of Education.
24 (12) Organize the university to efficiently and
25 effectively achieve the goals of the university.
26 (13) Review periodically the operations of the
27 university in order to determine how effectively and
28 efficiently the university is being administered and whether
29 it is meeting the goals of its strategic plan adopted by the
30 State Board of Education.
31
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1 (14) Enter into agreements for student exchange
2 programs that involve students at the university and students
3 in other postsecondary educational institutions.
4 (15) Provide purchasing, contracting, and budgetary
5 review processes for student government organizations.
6 (16) Ensure compliance with federal and state laws,
7 rules, regulations, and other requirements that are applicable
8 to the university.
9 (17) Maintain all data and information pertaining to
10 the operation of the university, and report on the attainment
11 by the university of institutional and statewide performance
12 accountability goals.
13 (18) Adjust property records and dispose of
14 state-owned tangible personal property in the university's
15 custody in accordance with procedures established by the
16 university board of trustees. Notwithstanding the provisions
17 of s. 273.055(5), all moneys received from the disposition of
18 state-owned tangible personal property shall be retained by
19 the university and disbursed for the acquisition of tangible
20 personal property and for all necessary operating
21 expenditures. The university shall maintain records of the
22 accounts into which such moneys are deposited.
23 (19) Have vested with the president or the president's
24 designee the powers, duties, and authority that is vested with
25 the university.
26 Section 88. Chapter 1002, Florida Statutes, shall be
27 entitled "Student and Parental Rights and Educational Choices"
28 and shall consist of ss. 1002.01-1002.44.
29 Section 89. Part I of chapter 1002, Florida Statutes,
30 shall be entitled "General Provisions" and shall consist of s.
31 1002.01.
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1 Section 90. Section 1002.01, Florida Statutes, is
2 created to read:
3 1002.01 Definitions.--
4 (1) A "home education program" means the sequentially
5 progressive instruction of a student directed by his or her
6 parent in order to satisfy the attendance requirements of ss.
7 1002.41, 1003.01(4), and 1003.21(1).
8 (2) A "private school" is a nonpublic school defined
9 as an individual, association, copartnership, or corporation,
10 or department, division, or section of such organizations,
11 that designates itself as an educational center that includes
12 kindergarten or a higher grade or as an elementary, secondary,
13 business, technical, or trade school below college level or
14 any organization that provides instructional services that
15 meet the intent of s. 1003.01(14) or that gives preemployment
16 or supplementary training in technology or in fields of trade
17 or industry or that offers academic, literary, or career and
18 technical training below college level, or any combination of
19 the above, including an institution that performs the
20 functions of the above schools through correspondence or
21 extension, except those licensed under the provisions of
22 chapter 1005. A private school may be a parochial, religious,
23 denominational, for-profit, or nonprofit school. This
24 definition does not include home education programs conducted
25 in accordance with s. 1002.41.
26 Section 91. Part II of chapter 1002, Florida Statutes,
27 shall be entitled "Student and Parental Rights" and shall
28 consist of ss. 1002.20-1002.22.
29 Section 92. Section 1002.20, Florida Statutes, is
30 created to read:
31
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1 1002.20 K-12 student and parent rights.--K-12 students
2 and their parents are afforded numerous statutory rights
3 including, but not limited to, the following:
4 (1) SYSTEM OF EDUCATION.--In accordance with s. 1,
5 Art. IX of the State Constitution, all K-12 public school
6 students are entitled to a uniform, safe, secure, efficient,
7 and high quality system of education, one that allows students
8 the opportunity to obtain a high quality education. Parents
9 are responsible to ready their children for school; however,
10 the State of Florida cannot be the guarantor of each
11 individual student's success.
12 (2) ATTENDANCE.--
13 (a) Compulsory school attendance.--The compulsory
14 school attendance laws apply to all children between the ages
15 of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),
16 and, in accordance with the provisions of s. 1003.21(1) and
17 (2)(a):
18 1. A student who attains the age of 16 years during
19 the school year has the right to file a formal declaration of
20 intent to terminate school enrollment if the declaration is
21 signed by the parent. The parent has the right to be notified
22 by the school district of the district's receipt of the
23 student's declaration of intent to terminate school
24 enrollment.
25 2. Students who become or have become married or who
26 are pregnant and parenting have the right to attend school and
27 receive the same or equivalent educational instruction as
28 other students.
29 (b) Regular school attendance.--Parents of students
30 who have attained the age of 6 years by February 1 of any
31 school year but who have not attained the age of 16 years must
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1 comply with the compulsory school attendance laws. Parents
2 have the option to comply with the school attendance laws by
3 attendance of the student in a public school; a parochial,
4 religious, or denominational school; a private school; a home
5 education program; or a private tutoring program, in
6 accordance with the provisions of s. 1003.01(14).
7 (c) Absence for religious purposes.--A parent of a
8 public school student may request and be granted permission
9 for absence of the student from school for religious
10 instruction or religious holidays, in accordance with the
11 provisions of s. 1003.21(2)(b).
12 (d) Dropout prevention and academic intervention
13 programs.--The parent of a public school student has the right
14 to receive written notice by certified mail prior to placement
15 of the student in a dropout prevention and academic
16 intervention program and shall be notified in writing and
17 entitled to an administrative review of any action by school
18 personnel relating to the student's placement, in accordance
19 with the provisions of s. 1003.53(5).
20 (3) HEALTH ISSUES.--
21 (a) School-entry health examinations.--The parent of
22 any child attending a public or private school shall be exempt
23 from the requirement of a health examination upon written
24 request stating objections on religious grounds in accordance
25 with the provisions of s. 1003.22(1) and (2).
26 (b) Immunizations.--The parent of any child attending
27 a public or private school shall be exempt from the school
28 immunization requirements upon meeting any of the exemptions
29 in accordance with the provisions of s. 1003.22(5).
30 (c) Biological experiments.--Parents may request that
31 their child be excused from performing surgery or dissection
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1 in biological science classes in accordance with the
2 provisions of s. 1003.47.
3 (d) Reproductive health and disease education.--A
4 public school student whose parent makes written request to
5 the school principal shall be exempted from the teaching of
6 reproductive health or any disease, including HIV/AIDS, in
7 accordance with the provisions of s. 1003.42(3).
8 (e) Contraceptive services to public school
9 students.--In accordance with the provisions of s.
10 1006.062(7), students may not be referred to or offered
11 contraceptive services at school facilities without the
12 parent's consent.
13 (f) Career and technical education courses involving
14 hazardous substances.--High school students must be given
15 plano safety glasses or devices in career and technical
16 education courses involving the use of hazardous substances
17 likely to cause eye injury, in accordance with the provisions
18 of s. 1006.65.
19 (g) Substance abuse reports.--The parent of a public
20 school student must be timely notified of any verified report
21 of a substance abuse violation by the student, in accordance
22 with the provisions of s. 1006.09(8).
23 (h) Inhaler use.--Asthmatic students whose parent and
24 physician provide their approval to the school principal may
25 carry a metered dose inhaler on their person while in school.
26 The school principal shall be provided a copy of the parent's
27 and physician's approval.
28 (4) DISCIPLINE.--
29 (a) Suspension of public school student.--In
30 accordance with the provisions of s. 1006.09(1)-(4):
31
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1 1. A student may be suspended only as provided by rule
2 of the district school board. A good faith effort must be made
3 to immediately inform the parent by telephone of the student's
4 suspension and the reason. Each suspension and the reason
5 must be reported in writing within 24 hours to the parent by
6 U.S. mail. A good faith effort must be made to use parental
7 assistance before suspension unless the situation requires
8 immediate suspension.
9 2. A student with a disability may only be recommended
10 for suspension or expulsion in accordance with State Board of
11 Education rules.
12 (b) Expulsion.--Public school students and their
13 parents have the right to written notice of a recommendation
14 of expulsion, including the charges against the student and a
15 statement of the right of the student to due process, in
16 accordance with the provisions of s. 1001.51(8).
17 (c) Corporal punishment.--In accordance with the
18 provisions of s. 1003.32, corporal punishment of a public
19 school student may only be administered by a teacher or school
20 principal within guidelines of the school principal and
21 according to district school board policy. Another adult must
22 be present and must be informed in the student's presence of
23 the reason for the punishment. Upon request, the teacher or
24 school principal must provide the parent with a written
25 explanation of the reason for the punishment and the name of
26 the other adult who was present.
27 (5) SAFETY.--In accordance with the provisions of s.
28 1006.13(5), students who have been victims of certain felony
29 offenses by other students, as well as the siblings of the
30 student victims, have the right to be kept separated from the
31
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1 student offender both at school and during school
2 transportation.
3 (6) EDUCATIONAL CHOICE.--
4 (a) Public school choices.--Parents of public school
5 students may seek whatever public school choice options that
6 are applicable to their students and are available to students
7 in their school districts. These options may include
8 controlled open enrollment, lab schools, charter schools,
9 charter technical career centers, magnet schools, alternative
10 schools, special programs, advanced placement, dual
11 enrollment, International Baccalaureate, early admissions,
12 credit by examination or demonstration of competency, the New
13 World School of the Arts, the Florida School for the Deaf and
14 the Blind, and the Florida Virtual School. These options may
15 also include the public school choice options of the
16 Opportunity Scholarship Program and the McKay Scholarships for
17 Students with Disabilities Program.
18 (b) Private school choices.--Parents of public school
19 students may seek private school choice options under certain
20 programs.
21 1. Under the Opportunity Scholarship Program, the
22 parent of a student in a failing public school may request and
23 receive an opportunity scholarship for the student to attend a
24 private school in accordance with the provisions of s.
25 1002.38.
26 2. Under the McKay Scholarships for Students with
27 Disabilities Program, the parent of a public school student
28 with a disability who is dissatisfied with the student's
29 progress may request and receive a McKay Scholarship for the
30 student to attend a private school in accordance with the
31 provisions of s. 1002.39.
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1 3. Under the corporate income tax credit scholarship
2 program, the parent of a student who qualifies for free or
3 reduced-price school lunch may seek a scholarship from an
4 eligible nonprofit scholarship-funding organization in
5 accordance with the provisions of s. 220.187.
6 (c) Home education.--The parent of a student may
7 choose to place the student in a home education program in
8 accordance with the provisions of s. 1002.41.
9 (d) Private tutoring.--The parent of a student may
10 choose to place the student in a private tutoring program in
11 accordance with the provisions of s. 1002.43(1).
12 (7) NONDISCRIMINATION.--All education programs,
13 activities, and opportunities offered by public educational
14 institutions must be made available without discrimination on
15 the basis of race, ethnicity, national origin, gender,
16 disability, or marital status, in accordance with the
17 provisions of s. 1000.05.
18 (8) STUDENTS WITH DISABILITIES.--Parents of public
19 school students with disabilities and parents of public school
20 students in residential care facilities are entitled to notice
21 and due process in accordance with the provisions of ss.
22 1003.57 and 1003.58. Public school students with disabilities
23 must be provided the opportunity to meet the graduation
24 requirements for a standard high school diploma in accordance
25 with the provisions of s. 1003.43(4). Certain public school
26 students with disabilities may be awarded a special diploma
27 upon high school graduation.
28 (9) BLIND STUDENTS.--Blind students have the right to
29 an individualized written education program and appropriate
30 instructional materials to attain literacy, in accordance with
31 provisions of s. 1003.55.
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1 (10) LIMITED ENGLISH PROFICIENT STUDENTS.--In
2 accordance with the provisions of s. 1003.56, limited English
3 proficient students have the right to receive ESOL (English
4 for Speakers of Other Languages) instruction designed to
5 develop the student's mastery of listening, speaking, reading,
6 and writing in English as rapidly as possible, and the
7 students' parents have the right of parental involvement in
8 the ESOL program.
9 (11) PLEDGE OF ALLEGIANCE.--A public school student
10 must be excused from reciting the pledge of allegiance upon
11 written request by the student's parent, in accordance with
12 the provisions of s. 1003.44.
13 (12) STUDENT RECORDS.--
14 (a) Parent rights.--Parents have rights regarding the
15 student records of their children, including right of access,
16 right of waiver of access, right to challenge and hearing, and
17 right of privacy, in accordance with the provisions of s.
18 1002.22.
19 (b) Student rights.--In accordance with the provisions
20 of s. 1008.386, a student is not required to provide his or
21 her social security number as a condition for enrollment or
22 graduation.
23 (13) STUDENT REPORT CARDS.--Students and their parents
24 have the right to receive student report cards on a regular
25 basis that clearly depict and grade the student's academic
26 performance in each class or course, the student's conduct,
27 and the student's attendance, in accordance with the
28 provisions of s. 1003.33.
29 (14) STUDENT PROGRESS REPORTS.--Parents of public
30 school students shall be apprised at regular intervals of the
31
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1 academic progress and other needed information regarding their
2 child, in accordance with the provisions of s. 1003.02(1)(h)2.
3 (15) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT
4 RATING REPORTS.--Parents of public school students are
5 entitled to an easy-to-read report card about the grade
6 designation, school accountability including the school
7 financial report, and school improvement rating of their
8 child's school in accordance with the provisions of ss.
9 1008.22, 1003.02(3), and 1010.215(5).
10 (16) ATHLETICS; PUBLIC HIGH SCHOOL.--
11 (a) Eligibility.--Eligibility requirements for all
12 students participating in high school athletic competition
13 must allow a student to be eligible in the school in which he
14 or she first enrolls each school year, or makes himself or
15 herself a candidate for an athletic team by engaging in
16 practice before enrolling, in accordance with the provisions
17 of s. 1006.20(2)(a).
18 (b) Medical evaluation.--Students must satisfactorily
19 pass a medical evaluation each year before participating in
20 athletics, unless the parent objects in writing based on
21 religious tenets or practices, in accordance with the
22 provisions of s. 1006.20(2)(d).
23 (17) EXTRACURRICULAR ACTIVITIES.--In accordance with
24 the provisions of s. 1006.15:
25 (a) Eligibility.--Students who meet specified academic
26 and conduct requirements are eligible to participate in
27 extracurricular activities.
28 (b) Home education students.--Home education students
29 who meet specified academic and conduct requirements are
30 eligible to participate in extracurricular activities at the
31 public school to which the student would be assigned or could
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1 choose to attend according to district school board policies,
2 or may develop an agreement to participate at a private
3 school.
4 (c) Charter school students.--Charter school students
5 who meet specified academic and conduct requirements are
6 eligible to participate in extracurricular activities at the
7 public school to which the student would be assigned or could
8 choose to attend according to district school board policies,
9 unless such activity is provided by the student's charter
10 school.
11 (d) Discrimination prohibited.--Organizations that
12 regulate or govern extracurricular activities of public
13 schools shall not discriminate against any eligible student
14 based on an educational choice of public, private, or home
15 education.
16 (18) INSTRUCTIONAL MATERIALS.--
17 (a) Core courses.--Each public school student is
18 entitled to sufficient instructional materials in the core
19 courses of mathematics, language arts, social studies,
20 science, reading, and literature, in accordance with the
21 provisions of ss. 1003.02(1)(d) and 1006.40(2).
22 (b) Curricular objectives.--The parent of each public
23 school student has the right to receive effective
24 communication from the school principal as to the manner in
25 which instructional materials are used to implement the
26 school's curricular objectives, in accordance with the
27 provisions of s. 1006.28(3)(a).
28 (c) Sale of instructional materials.--Upon request of
29 the parent of a public school student, the school principal
30 must sell to the parent any instructional materials used in
31
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1 the school, in accordance with the provisions of s.
2 1006.28(3)(c).
3 (d) Dual enrollment students.--Instructional materials
4 purchased by a district school board or community college
5 board of trustees on behalf of public school dual enrollment
6 students shall be made available to the dual enrollment
7 students free of charge, in accordance with the provisions of
8 s. 1007.271(14) and (15).
9 (19) JUVENILE JUSTICE PROGRAMS.--Students who are in
10 juvenile justice programs have the right to receive
11 educational programs and services in accordance with the
12 provisions of s. 1003.52.
13 (20) PARENTAL INPUT AND MEETINGS.--
14 (a) Meetings with school district personnel.--Parents
15 of public school students may be accompanied by another adult
16 of their choice at any meeting with school district personnel.
17 (b) School district best financial management practice
18 reviews.--Public school students and their parents may provide
19 input regarding their concerns about the operations and
20 management of the school district both during and after the
21 conduct of a school district best financial management
22 practices review, in accordance with the provisions of s.
23 1008.35.
24 (c) District school board educational facilities
25 programs.--Parents of public school students and other members
26 of the public have the right to receive proper public notice
27 and opportunity for public comment regarding the district
28 school board's educational facilities work program, in
29 accordance with the provisions of s. 1013.35.
30 (21) TRANSPORTATION.--
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1 (a) Transportation to school.--Public school students
2 shall be provided transportation to school, in accordance with
3 the provisions of s. 1006.21(3)(a).
4 (b) Hazardous walking conditions.--K-6 public school
5 students shall be provided transportation if they are
6 subjected to hazardous walking conditions, in accordance with
7 the provisions of ss. 1006.21(3)(b) and 1006.23.
8 (c) Parental consent.--Each parent of a public school
9 student must be notified in writing and give written consent
10 before the student may be transported in a privately owned
11 motor vehicle to a school function, in accordance with the
12 provisions of s. 1006.22(2)(b).
13 Section 93. Section 1002.21, Florida Statutes, is
14 created to read:
15 1002.21 Postsecondary student and parent rights.--
16 (1) STUDENT RECORDS.--Parents have rights regarding
17 the student records of their children, and students 18 years
18 of age and older have rights regarding their student records,
19 including right of access, right of waiver of access, right to
20 challenge and hearing, and right of privacy, in accordance
21 with the provisions of ss. 1002.22, 1005.36, and 1006.52.
22 (2) LEARNING DISABLED STUDENTS.--Impaired and learning
23 disabled students may be eligible for reasonable substitution
24 for admission, graduation, and upper-level division
25 requirements of public postsecondary educational institutions,
26 in accordance with the provisions of s. 1007.264.
27 (3) EXPULSION, SUSPENSION, DISCIPLINE.--Public
28 postsecondary education students may be expelled, suspended,
29 or otherwise disciplined by the president of a public
30 postsecondary educational institution after notice to the
31
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1 student of the charges and a hearing on the charges, in
2 accordance with the provisions of s. 1006.62.
3 (4) RELIGIOUS BELIEFS.--Public postsecondary
4 educational institutions must provide reasonable
5 accommodations for the religious practices and beliefs of
6 individual students in regard to admissions, class attendance,
7 and the scheduling of examinations and work assignments, in
8 accordance with the provisions of s. 1006.53, and must provide
9 and describe in the student handbook a grievance procedure for
10 students to seek redress when they feel they have been
11 unreasonably denied an educational benefit due to their
12 religious beliefs or practices.
13 (5) STUDENT HANDBOOKS.--Each state university and
14 community college shall provide its students with an
15 up-to-date student handbook that includes student rights and
16 responsibilities, appeals processes available to students,
17 contact persons available to help students, student conduct
18 code, and information regarding HIV and AIDS, in accordance
19 with the provisions of s. 1006.50.
20 (6) STUDENT OMBUDSMAN OFFICE.--Each state university
21 and community college shall maintain a student ombudsman
22 office and established procedures for students to appeal to
23 the office regarding decisions about the student's access to
24 courses and credit granted toward the student's degree, in
25 accordance with the provisions of s. 1006.51.
26 Section 94. Section 1002.22, Florida Statutes, is
27 created to read:
28 1002.22 Student records and reports; rights of parents
29 and students; notification; penalty.--
30 (1) PURPOSE.--The purpose of this section is to
31 protect the rights of students and their parents with respect
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1 to student records and reports as created, maintained, and
2 used by public educational institutions in the state. The
3 intent of the Legislature is that students and their parents
4 shall have rights of access, rights of challenge, and rights
5 of privacy with respect to such records and reports, and that
6 rules shall be available for the exercise of these rights.
7 (2) DEFINITIONS.--As used in this section:
8 (a) "Chief executive officer" means that person,
9 whether elected or appointed, who is responsible for the
10 management and administration of any public educational body
11 or unit, or the chief executive officer's designee for student
12 records; that is, the district school superintendent, the
13 director of an area technical center, the president of a
14 public postsecondary educational institution, or their
15 designees.
16 (b) "Directory information" includes the student's
17 name, address, telephone number if it is a listed number, date
18 and place of birth, major field of study, participation in
19 officially recognized activities and sports, weight and height
20 of members of athletic teams, dates of attendance, degrees and
21 awards received, and the most recent previous educational
22 agency or institution attended by the student.
23 (c) "Records" and "reports" mean official records,
24 files, and data directly related to students that are created,
25 maintained, and used by public educational institutions,
26 including all material that is incorporated into each
27 student's cumulative record folder and intended for school use
28 or to be available to parties outside the school or school
29 system for legitimate educational or research purposes.
30 Materials that shall be considered as part of a student's
31 record include, but are not necessarily limited to:
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1 identifying data, including a student's social security
2 number; academic work completed; level of achievement records,
3 including grades and standardized achievement test scores;
4 attendance data; scores on standardized intelligence,
5 aptitude, and psychological tests; interest inventory results;
6 health data; family background information; teacher or
7 counselor ratings and observations; verified reports of
8 serious or recurrent behavior patterns; and any other
9 evidence, knowledge, or information recorded in any medium,
10 including, but not limited to, handwriting, typewriting,
11 print, magnetic tapes, film, microfilm, and microfiche, and
12 maintained and used by an educational agency or institution or
13 by a person acting for such agency or institution. However,
14 the terms "records" and "reports" do not include:
15 1. Records of instructional, supervisory, and
16 administrative personnel, and educational personnel ancillary
17 to those persons, that are kept in the sole possession of the
18 maker of the record and are not accessible or revealed to any
19 other person except a substitute for any of such persons. An
20 example of records of this type is instructor's grade books.
21 2. Records of law enforcement units of the institution
22 that are maintained solely for law enforcement purposes and
23 that are not available to persons other than officials of the
24 institution or law enforcement officials of the same
25 jurisdiction in the exercise of that jurisdiction.
26 3. Records made and maintained by the institution in
27 the normal course of business that relate exclusively to a
28 student in his or her capacity as an employee and that are not
29 available for use for any other purpose.
30 4. Records created or maintained by a physician,
31 psychiatrist, psychologist, or other recognized professional
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1 or paraprofessional acting in his or her professional or
2 paraprofessional capacity, or assisting in that capacity, that
3 are created, maintained, or used only in connection with the
4 provision of treatment to the student and that are not
5 available to anyone other than persons providing such
6 treatment. However, such records shall be open to a physician
7 or other appropriate professional of the student's choice.
8 5. Directory information as defined in this section.
9 6. Other information, files, or data that do not
10 permit the personal identification of a student.
11 7. Letters or statements of recommendation or
12 evaluation that were confidential under Florida law and that
13 were received and made a part of the student's educational
14 records prior to July 1, 1977.
15 8. Copies of the student's fingerprints. No public
16 educational institution shall maintain any report or record
17 relative to a student that includes a copy of the student's
18 fingerprints.
19 (d) "Student" means any child or adult who is enrolled
20 or who has been enrolled in any instructional program or
21 activity conducted under the authority and direction of an
22 institution comprising a part of the state system of public
23 education and with respect to whom an educational institution
24 maintains educational records and reports or personally
25 identifiable information, but does not include a person who
26 has not been in attendance as an enrollee at such institution.
27 (3) RIGHTS OF PARENT OR STUDENT.--The parent of any
28 student who attends or has attended any public school, area
29 technical center, or public postsecondary educational
30 institution shall have the following rights with respect to
31 any records or reports created, maintained, and used by any
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1 public educational institution in the state. However,
2 whenever a student has attained 18 years of age, or is
3 attending a postsecondary educational institution, the
4 permission or consent required of, and the rights accorded to,
5 the parents of the student shall thereafter be required of and
6 accorded to the student only, unless the student is a
7 dependent student of such parents as defined in 26 U.S.C. s.
8 152 (s. 152 of the Internal Revenue Code of 1954). The State
9 Board of Education shall adopt rules whereby parents or
10 students may exercise these rights:
11 (a) Right of access.--
12 1. Such parent or student shall have the right, upon
13 request directed to the appropriate school official, to be
14 provided with a list of the types of records and reports,
15 directly related to students, as maintained by the institution
16 that the student attends or has attended.
17 2. Such parent or student shall have the right, upon
18 request, to be shown any record or report relating to such
19 student maintained by any public educational institution.
20 When the record or report includes information on more than
21 one student, the parent or student shall be entitled to
22 receive, or be informed of, only that part of the record or
23 report that pertains to the student who is the subject of the
24 request. Upon a reasonable request therefor, the institution
25 shall furnish such parent or student with an explanation or
26 interpretation of any such record or report.
27 3. Copies of any list, record, or report requested
28 under the provisions of this paragraph shall be furnished to
29 the parent or student upon request.
30 4. The State Board of Education shall adopt rules to
31 be followed by all public educational institutions in granting
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1 requests for lists, or for access to reports and records or
2 for copies or explanations thereof under this paragraph.
3 However, access to any report or record requested under the
4 provisions of subparagraph 2. shall be granted within 30 days
5 after receipt of such request by the institution. Fees may be
6 charged for furnishing any copies of reports or records
7 requested under subparagraph 3., but such fees shall not
8 exceed the actual cost to the institution of producing such
9 copies.
10 (b) Right of waiver of access to confidential letters
11 or statements.--A parent or student shall have the right to
12 waive the right of access to letters or statements of
13 recommendation or evaluation, except that such waiver shall
14 apply to recommendations or evaluations only if:
15 1. The parent or student is, upon request, notified of
16 the names of all persons submitting confidential letters or
17 statements.
18 2. Such recommendations or evaluations are used solely
19 for the purpose for which they were specifically intended.
20
21 Such waivers may not be required as a condition for admission
22 to, receipt of financial aid from, or receipt of any other
23 services or benefits from, any public agency or public
24 educational institution in this state.
25 (c) Right to challenge and hearing.--A parent or
26 student shall have the right to challenge the content of any
27 record or report to which such person is granted access under
28 paragraph (a), in order to ensure that the record or report is
29 not inaccurate, misleading, or otherwise in violation of the
30 privacy or other rights of the student and to provide an
31 opportunity for the correction, deletion, or expunction of any
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1 inaccurate, misleading, or otherwise inappropriate data or
2 material contained therein. Any challenge arising under the
3 provisions of this paragraph may be settled through informal
4 meetings or discussions between the parent or student and
5 appropriate officials of the educational institution. If the
6 parties at such a meeting agree to make corrections, to make
7 deletions, to expunge material, or to add a statement of
8 explanation or rebuttal to the file, such agreement shall be
9 reduced to writing and signed by the parties; and the
10 appropriate school officials shall take the necessary actions
11 to implement the agreement. If the parties cannot reach an
12 agreement, upon the request of either party, a hearing shall
13 be held on such challenge under rules adopted by the State
14 Board of Education. Upon the request of the parent or student,
15 the hearing shall be exempt from the requirements of s.
16 286.011. Such rules shall include at least the following
17 provisions:
18 1. The hearing shall be conducted within a reasonable
19 period of time following the request for the hearing.
20 2. The hearing shall be conducted, and the decision
21 rendered, by an official of the educational institution or
22 other party who does not have a direct interest in the outcome
23 of the hearing.
24 3. The parent or student shall be afforded a full and
25 fair opportunity to present evidence relevant to the issues
26 raised under this paragraph.
27 4. The decision shall be rendered in writing within a
28 reasonable period of time after the conclusion of the hearing.
29 5. The appropriate school officials shall take the
30 necessary actions to implement the decision.
31
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1 (d) Right of privacy.--Every student shall have a
2 right of privacy with respect to the educational records kept
3 on him or her. Personally identifiable records or reports of a
4 student, and any personal information contained therein, are
5 confidential and exempt from the provisions of s. 119.07(1).
6 No state or local educational agency, board, public school,
7 technical center, or public postsecondary educational
8 institution shall permit the release of such records, reports,
9 or information without the written consent of the student's
10 parent, or of the student himself or herself if he or she is
11 qualified as provided in this subsection, to any individual,
12 agency, or organization. However, personally identifiable
13 records or reports of a student may be released to the
14 following persons or organizations without the consent of the
15 student or the student's parent:
16 1. Officials of schools, school systems, technical
17 centers, or public postsecondary educational institutions in
18 which the student seeks or intends to enroll; and a copy of
19 such records or reports shall be furnished to the parent or
20 student upon request.
21 2. Other school officials, including teachers within
22 the educational institution or agency, who have legitimate
23 educational interests in the information contained in the
24 records.
25 3. The United States Secretary of Education, the
26 Director of the National Institute of Education, the Assistant
27 Secretary for Education, the Comptroller General of the United
28 States, or state or local educational authorities who are
29 authorized to receive such information subject to the
30 conditions set forth in applicable federal statutes and
31 regulations of the United States Department of Education, or
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1 in applicable state statutes and rules of the State Board of
2 Education.
3 4. Other school officials, in connection with a
4 student's application for or receipt of financial aid.
5 5. Individuals or organizations conducting studies for
6 or on behalf of an institution or a board of education for the
7 purpose of developing, validating, or administering predictive
8 tests, administering student aid programs, or improving
9 instruction, if such studies are conducted in such a manner as
10 will not permit the personal identification of students and
11 their parents by persons other than representatives of such
12 organizations and if such information will be destroyed when
13 no longer needed for the purpose of conducting such studies.
14 6. Accrediting organizations, in order to carry out
15 their accrediting functions.
16 7. School readiness coalitions and the Florida
17 Partnership for School Readiness in order to carry out their
18 assigned duties.
19 8. For use as evidence in student expulsion hearings
20 conducted by a district school board pursuant to the
21 provisions of chapter 120.
22 9. Appropriate parties in connection with an
23 emergency, if knowledge of the information in the student's
24 educational records is necessary to protect the health or
25 safety of the student or other individuals.
26 10. The Auditor General and the Office of Program
27 Policy Analysis and Government Accountability in connection
28 with their official functions; however, except when the
29 collection of personally identifiable information is
30 specifically authorized by law, any data collected by the
31 Auditor General and the Office of Program Policy Analysis and
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1 Government Accountability is confidential and exempt from the
2 provisions of s. 119.07(1) and shall be protected in such a
3 way as will not permit the personal identification of students
4 and their parents by other than the Auditor General, the
5 Office of Program Policy Analysis and Government
6 Accountability, and their staff, and such personally
7 identifiable data shall be destroyed when no longer needed for
8 the Auditor General's and the Office of Program Policy
9 Analysis and Government Accountability's official use.
10 11.a. A court of competent jurisdiction in compliance
11 with an order of that court or the attorney of record pursuant
12 to a lawfully issued subpoena, upon the condition that the
13 student and the student's parent are notified of the order or
14 subpoena in advance of compliance therewith by the educational
15 institution or agency.
16 b. A person or entity pursuant to a court of competent
17 jurisdiction in compliance with an order of that court or the
18 attorney of record pursuant to a lawfully issued subpoena,
19 upon the condition that the student, or his or her parent if
20 the student is either a minor and not attending a
21 postsecondary educational institution or a dependent of such
22 parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
23 Revenue Code of 1954), is notified of the order or subpoena in
24 advance of compliance therewith by the educational institution
25 or agency.
26 12. Credit bureaus, in connection with an agreement
27 for financial aid that the student has executed, provided that
28 such information may be disclosed only to the extent necessary
29 to enforce the terms or conditions of the financial aid
30 agreement. Credit bureaus shall not release any information
31 obtained pursuant to this paragraph to any person.
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1 13. Parties to an interagency agreement among the
2 Department of Juvenile Justice, school and law enforcement
3 authorities, and other signatory agencies for the purpose of
4 reducing juvenile crime and especially motor vehicle theft by
5 promoting cooperation and collaboration, and the sharing of
6 appropriate information in a joint effort to improve school
7 safety, to reduce truancy and in-school and out-of-school
8 suspensions, and to support alternatives to in-school and
9 out-of-school suspensions and expulsions that provide
10 structured and well-supervised educational programs
11 supplemented by a coordinated overlay of other appropriate
12 services designed to correct behaviors that lead to truancy,
13 suspensions, and expulsions, and that support students in
14 successfully completing their education. Information provided
15 in furtherance of such interagency agreements is intended
16 solely for use in determining the appropriate programs and
17 services for each juvenile or the juvenile's family, or for
18 coordinating the delivery of such programs and services, and
19 as such is inadmissible in any court proceedings prior to a
20 dispositional hearing unless written consent is provided by a
21 parent or other responsible adult on behalf of the juvenile.
22
23 This paragraph does not prohibit any educational institution
24 from publishing and releasing to the general public directory
25 information relating to a student if the institution elects to
26 do so. However, no educational institution shall release, to
27 any individual, agency, or organization that is not listed in
28 subparagraphs 1.-13., directory information relating to the
29 student body in general or a portion thereof unless it is
30 normally published for the purpose of release to the public in
31 general. Any educational institution making directory
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1 information public shall give public notice of the categories
2 of information that it has designated as directory information
3 with respect to all students attending the institution and
4 shall allow a reasonable period of time after such notice has
5 been given for a parent or student to inform the institution
6 in writing that any or all of the information designated
7 should not be released.
8 (4) NOTIFICATION.--Every parent and student entitled
9 to rights relating to student records and reports under the
10 provisions of subsection (3) shall be notified annually, in
11 writing, of such rights and that the institution has a policy
12 of supporting the law; the types of information and data
13 generally entered in the student records as maintained by the
14 institution; and the procedures to be followed in order to
15 exercise such rights. The notification shall be general in
16 form and in a manner to be determined by the State Board of
17 Education and may be incorporated with other printed materials
18 distributed to students, such as being printed on the back of
19 school assignment forms or report cards for students attending
20 kindergarten or grades 1 through 12 in the public school
21 system and being printed in college catalogs or in other
22 program announcement bulletins for students attending
23 postsecondary educational institutions.
24 (5) PENALTY.--In the event that any public school
25 official or employee, district school board official or
26 employee, technical center official or employee, or public
27 postsecondary educational institution official or employee
28 refuses to comply with any of the provisions of this section,
29 the aggrieved parent or student shall have an immediate right
30 to bring an action in the circuit court to enforce the
31 violated right by injunction. Any aggrieved parent or student
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1 who brings such an action and whose rights are vindicated may
2 be awarded attorney's fees and court costs.
3 (6) APPLICABILITY TO RECORDS OF DEFUNCT
4 INSTITUTIONS.--The provisions of this section also apply to
5 student records that any nonpublic educational institution
6 that is no longer operating has deposited with the district
7 school superintendent in the county where the nonpublic
8 educational institution was located.
9 Section 95. Part III of chapter 1002, Florida
10 Statutes, shall be entitled "Educational Choice" and shall
11 consist of ss. 1002.31-1002.39.
12 Section 96. Section 1002.31, Florida Statutes, is
13 created to read:
14 1002.31 Public school parental choice.--
15 (1) As used in this section, "controlled open
16 enrollment" means a public education delivery system that
17 allows school districts to make student school assignments
18 using parents' indicated preferential school choice as a
19 significant factor.
20 (2) Each district school board may offer controlled
21 open enrollment within the public schools. The controlled open
22 enrollment program shall be offered in addition to the
23 existing choice programs such as magnet schools, alternative
24 schools, special programs, advanced placement, and dual
25 enrollment.
26 (3) Each district school board shall develop a
27 controlled open enrollment plan which describes the
28 implementation of subsection (2).
29 (4) School districts shall adhere to federal
30 desegregation requirements. No controlled open enrollment
31
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1 plan that conflicts with federal desegregation orders shall be
2 implemented.
3 (5) Each school district shall develop a system of
4 priorities for its plan that includes consideration of the
5 following:
6 (a) An application process required to participate in
7 the controlled open enrollment program.
8 (b) A process that allows parents to declare school
9 preferences.
10 (c) A process that encourages placement of siblings
11 within the same school.
12 (d) A lottery procedure used by the school district to
13 determine student assignment.
14 (e) An appeals process for hardship cases.
15 (f) The procedures to maintain socioeconomic,
16 demographic, and racial balance.
17 (g) The availability of transportation.
18 (h) A process that promotes strong parental
19 involvement, including the designation of a parent liaison.
20 (i) A strategy that establishes a clearinghouse of
21 information designed to assist parents in making informed
22 choices.
23 (6) Plans shall be submitted to the Commissioner of
24 Education. The Commissioner of Education shall develop an
25 annual report on the status of school choice and deliver the
26 report to the Governor, the President of the Senate, and the
27 Speaker of the House of Representatives at least 90 days prior
28 to the convening of the regular session of the Legislature.
29 (7) Notwithstanding any provision of this section, a
30 school district with schools operating on both multiple
31 session schedules and single session schedules shall afford
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1 parents of students in multiple session schools preferred
2 access to the controlled open enrollment program of the school
3 district.
4 (8) Each district school board shall annually report
5 the number of students applying for and attending the various
6 types of public schools of choice in the district, including
7 schools such as magnet schools and public charter schools,
8 according to rules adopted by the State Board of Education.
9 Section 97. Section 1002.32, Florida Statutes, is
10 created to read:
11 1002.32 Developmental research (laboratory) schools.--
12 (1) SHORT TITLE.--This section may be cited as the
13 "Sidney Martin Developmental Research School Act."
14 (2) ESTABLISHMENT.--There is established a category of
15 public schools to be known as developmental research
16 (laboratory) schools (lab schools). Each lab school shall
17 provide sequential instruction and shall be affiliated with
18 the college of education within the state university of
19 closest geographic proximity. A lab school to which a charter
20 has been issued under s. 1002.33(5)(b) must be affiliated with
21 the college of education within the state university that
22 issued the charter, but is not subject to the requirement that
23 the state university be of closest geographic proximity. For
24 the purpose of state funding, Florida Agricultural and
25 Mechanical University, Florida Atlantic University, Florida
26 State University, the University of Florida, and other
27 universities approved by the State Board of Education and the
28 Legislature are authorized to sponsor one or more lab schools.
29 (3) MISSION.--The mission of a lab school shall be the
30 provision of a vehicle for the conduct of research,
31 demonstration, and evaluation regarding management, teaching,
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1 and learning. Programs to achieve the mission of a lab school
2 shall embody the goals and standards established pursuant to
3 ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate
4 education for its students.
5 (a) Each lab school shall emphasize mathematics,
6 science, computer science, and foreign languages. The primary
7 goal of a lab school is to enhance instruction and research in
8 such specialized subjects by using the resources available on
9 a state university campus, while also providing an education
10 in nonspecialized subjects. Each lab school shall provide
11 sequential elementary and secondary instruction where
12 appropriate. A lab school may not provide instruction at grade
13 levels higher than grade 12 without authorization from the
14 State Board of Education. Each developmental research school
15 shall develop and implement a school improvement plan pursuant
16 to s. 1003.02(3).
17 (b) Research, demonstration, and evaluation conducted
18 at a lab school may be generated by the college of education
19 and other colleges within the university with which the school
20 is affiliated.
21 (c) Research, demonstration, and evaluation conducted
22 at a lab school may be generated by the State Board of
23 Education. Such research shall respond to the needs of the
24 education community at large, rather than the specific needs
25 of the affiliated college.
26 (d) Research, demonstration, and evaluation conducted
27 at a lab school may consist of pilot projects to be generated
28 by the affiliated college, the State Board of Education, or
29 the Legislature.
30 (e) The exceptional education programs offered at a
31 lab school shall be determined by the research and evaluation
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1 goals and the availability of students for efficiently sized
2 programs. The fact that a lab school offers an exceptional
3 education program in no way lessens the general responsibility
4 of the local school district to provide exceptional education
5 programs.
6 (4) STUDENT ADMISSIONS.--Each lab school may establish
7 a primary research objective related to fundamental issues and
8 problems that occur in the public elementary and secondary
9 schools of the state. A student population reflective of the
10 student population of the public school environment in which
11 the issues and problems are most prevalent shall be promoted
12 and encouraged through the establishment and implementation of
13 an admission process that is designed to result in a
14 representative sample of public school enrollment based on
15 gender, race, socioeconomic status, and academic ability,
16 notwithstanding the provisions of s. 1000.05.
17 (5) STUDENT FEES.--Each lab school may charge a
18 student activity and service fee. Any school that elects to
19 charge such a fee shall provide information regarding the use
20 of the fee as well as an annual report that documents the
21 manner in which the moneys provided by such fee were expended.
22 The annual report prescribed in this subsection shall be
23 distributed to the parents of each student. No additional fees
24 shall be charged.
25 (6) SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each lab
26 school may accrue supplemental revenue from
27 supplemental-support organizations, which include, but are not
28 limited to, alumni associations, foundations, parent-teacher
29 associations, and booster associations. The governing body of
30 each supplemental-support organization shall recommend the
31 expenditure of moneys collected by the organization for the
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1 benefit of the school. Such expenditures shall be contingent
2 upon the recommendations of the school advisory council and
3 review of the director. The director may override any proposed
4 expenditure of the organization that would violate Florida
5 Statutes or breach sound educational management.
6 (7) PERSONNEL.--
7 (a) Each lab school may employ either a director or a
8 principal, or both, at the discretion of the university. The
9 duties of such personnel shall be as follows:
10 1. Each director shall be the chief executive officer
11 and shall oversee the education, research, and evaluation
12 goals of the school. The director shall be responsible for
13 recommending policy to the advisory board. The director shall
14 be accountable for the financial resources of the school.
15 2. Each principal shall be the chief educational
16 officer and shall oversee the educational program of the
17 school. The principal shall be accountable for the daily
18 operation and administration of the school.
19 (b) Faculty may serve simultaneously as instructional
20 personnel for the lab school and the university with which the
21 school is affiliated. Nothing in this section is intended to
22 affect the collective bargaining rights of lab school
23 employees, except as specifically provided in this section.
24 (c) Lab school faculty members shall meet the
25 certification requirements of ss. 1012.32 and 1012.42.
26 (8) ADVISORY BOARDS.--Each public school in the state
27 shall establish a school advisory council that is reflective
28 of the population served by the school, pursuant to s.
29 1001.452, and is responsible for the development and
30 implementation of the school improvement plan pursuant to s.
31
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1 1003.02(3). Lab schools shall comply with the provisions of s.
2 1001.452 in one of two ways:
3 (a) Each lab school may establish two advisory bodies
4 as follows:
5 1. An advisory body pursuant to the provisions and
6 requirements of s. 1001.452 to be responsible for the
7 development and implementation of the school improvement plan,
8 pursuant to s. 1003.02(3).
9 2. An advisory board to provide general oversight and
10 guidance. The dean of the affiliated college of education
11 shall be a standing member of the board, and the president of
12 the university shall appoint four faculty members from the
13 related university, at least two of whom are from the college
14 of education, one layperson who resides in the county in which
15 the school is located, two parents of students who attend the
16 lab school, and one lab school student appointed by the
17 principal to serve on the advisory board. The term of each
18 member shall be for 2 years, and any vacancy shall be filled
19 with a person of the same classification as his or her
20 predecessor for the balance of the unexpired term. The
21 president shall stagger the terms of the initial appointees in
22 a manner that results in the expiration of terms of no more
23 than two members in any year. The president shall call the
24 organizational meeting of the board. The board shall annually
25 elect a chair and a vice chair. There shall be no limitation
26 on successive appointments to the board or successive terms
27 that may be served by a chair or vice chair. The board shall
28 adopt internal organizational procedures or bylaws necessary
29 for efficient operation as provided in chapter 120. Board
30 members shall not receive per diem or travel expenses for the
31 performance of their duties. The board shall:
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1 a. Meet at least quarterly.
2 b. Monitor the operations of the school and the
3 distribution of moneys allocated for such operations.
4 c. Establish necessary policy, program, and
5 administration modifications.
6 d. Evaluate biennially the performance of the director
7 and principal and recommend corresponding action to the dean
8 of the college of education.
9 e. Annually review evaluations of the school's
10 operation and research findings.
11 (b) Each lab school may establish one advisory body
12 responsible for the development and implementation of the
13 school improvement plan, pursuant to s. 1003.02(3), in
14 addition to general oversight and guidance responsibilities.
15 The advisory body shall reflect the membership composition
16 requirements established in s. 1001.452, but may also include
17 membership by the dean of the college of education and
18 additional members appointed by the president of the
19 university that represent faculty members from the college of
20 education, the university, or other bodies deemed appropriate
21 for the mission of the school.
22 (9) FUNDING.--Funding for a lab school, including a
23 charter lab school, shall be provided as follows:
24 (a) Each lab school shall be allocated its
25 proportional share of operating funds from the Florida
26 Education Finance Program as provided in s. 1011.62 and the
27 General Appropriations Act. The nonvoted ad valorem millage
28 that would otherwise be required for lab schools shall be
29 allocated from state funds. The required local effort funds
30 calculated pursuant to s. 1011.62 shall be allocated from
31 state funds to the schools as a part of the allocation of
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1 operating funds pursuant to s. 1011.62. Each eligible lab
2 school shall also receive a proportional share of the sparsity
3 supplement as calculated pursuant to s. 1011.62. In addition,
4 each lab school shall receive its proportional share of all
5 categorical funds, with the exception of s. 1011.68, and new
6 categorical funds enacted after July 1, 1994, for the purpose
7 of elementary or secondary academic program enhancement. The
8 sum of funds available as provided in this paragraph shall be
9 included annually in the Florida Education Finance Program and
10 appropriate categorical programs funded in the General
11 Appropriations Act.
12 (b) There is created a Lab School Educational Facility
13 Trust Fund to be administered by the Commissioner of
14 Education. Allocations from such fund shall be expended solely
15 for the purpose of facility construction, repair, renovation,
16 remodeling, site improvement, or maintenance. The commissioner
17 shall administer the fund in accordance with ss. 1013.60,
18 1013.64, 1013.65, and 1013.66.
19 (c) All operating funds provided under this section
20 shall be deposited in a Lab School Trust Fund and shall be
21 expended for the purposes of this section. The university
22 assigned a lab school shall be the fiscal agent for these
23 funds, and all rules of the university governing the budgeting
24 and expenditure of state funds shall apply to these funds
25 unless otherwise provided by law or rule of the State Board of
26 Education. The State Board of Education shall be the public
27 employer of lab school personnel for collective bargaining
28 purposes.
29 (d) Each lab school shall receive funds for operating
30 purposes in an amount determined as follows: multiply the
31 maximum allowable nonvoted discretionary millage for
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1 operations pursuant to s. 1011.71(1) by the value of 95
2 percent of the current year's taxable value for school
3 purposes for the district in which each lab school is located;
4 divide the result by the total full-time equivalent membership
5 of the district; and multiply the result by the full-time
6 equivalent membership of the lab school. The amount thus
7 obtained shall be discretionary operating funds and shall be
8 appropriated from state funds in the General Appropriations
9 Act to the Lab School Trust Fund.
10 (e) Each lab school shall receive funds for capital
11 improvement purposes in an amount determined as follows:
12 multiply the maximum allowable nonvoted discretionary millage
13 for capital improvements pursuant to s. 1011.71(2) by the
14 value of 95 percent of the current year's taxable value for
15 school purposes for the district in which each lab school is
16 located; divide the result by the total full-time equivalent
17 membership of the district; and multiply the result by the
18 full-time equivalent membership of the lab school. The amount
19 thus obtained shall be discretionary capital improvement funds
20 and shall be appropriated from state funds in the General
21 Appropriations Act to the Lab School Educational Facility
22 Trust Fund.
23 (f) In addition to the funds appropriated for capital
24 outlay budget needs, lab schools may receive specific funding
25 as specified in the General Appropriations Act for upgrading,
26 renovating, and remodeling science laboratories.
27 (g) Each lab school is designated a teacher education
28 center and may provide inservice training to school district
29 personnel. The Department of Education shall provide funds to
30 the Lab School Trust Fund for this purpose from appropriations
31 for inservice teacher education.
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1 (h) A lab school to which a charter has been issued
2 under s. 1002.33(5)(b) is eligible to receive funding for
3 charter school capital outlay if it meets the eligibility
4 requirements of s. 1013.62. If the lab school receives funds
5 from charter school capital outlay, the school shall receive
6 capital outlay funds otherwise provided in this subsection
7 only to the extent that funds allocated pursuant to s. 1013.62
8 are insufficient to provide capital outlay funds to the lab
9 school at one-fifteenth of the cost per student station.
10 (10) IMPLEMENTATION.--The State Board of Education
11 shall adopt rules necessary to facilitate the implementation
12 of this section.
13 (11) EXCEPTIONS TO LAW.--To encourage innovative
14 practices and facilitate the mission of the lab schools, in
15 addition to the exceptions to law specified in s. 1001.23(2),
16 the following exceptions shall be permitted for lab schools:
17 (a) The methods and requirements of the following
18 statutes shall be held in abeyance: ss. 1001.30; 1001.31;
19 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361;
20 1001.362; 1001.363; 1001.37; 1001.371; 1001.372; 1001.38;
21 1001.39; 1001.395; 1001.40; 1001.41; 1001.44; 1001.46;
22 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
23 1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4);
24 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
25 1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
26 1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
27 (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
28 1011.72; 1011.73; 1011.74; 1013.77; and 316.75.
29 (b) With the exception of s. 1001.42(16), s. 1001.42
30 shall be held in abeyance. Reference to district school boards
31
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1 in s. 1001.42(16) shall mean the president of the university
2 or the president's designee.
3 Section 98. Section 1002.33, Florida Statutes, is
4 created to read:
5 1002.33 Charter schools.--
6 (1) AUTHORIZATION.--The creation of charter schools is
7 authorized. Charter schools shall be part of the state's
8 program of public education. All charter schools in Florida
9 are fully recognized as public schools. A charter school may
10 be formed by creating a new school or converting an existing
11 public school to charter status. A public school may not use
12 the term charter in its name unless it has been approved under
13 this section.
14 (2) PURPOSES.--
15 (a) Charter schools shall fulfill the following
16 purposes:
17 1. Improve student learning and academic achievement.
18 2. Increase learning opportunities for all students,
19 with special emphasis on low-performing students.
20 3. Create new professional opportunities for teachers,
21 including ownership of the learning program at the school
22 site.
23 4. Encourage the use of innovative learning methods.
24 5. Require the measurement of learning outcomes.
25 (b) Charter schools may fulfill the following
26 purposes:
27 1. Create innovative measurement tools.
28 2. Provide rigorous competition within the public
29 school district to stimulate continual improvement in all
30 public schools.
31 3. Expand the capacity of the public school system.
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1 (3) APPLICATION; UNLAWFUL REPRISAL.--
2 (a)1. An application for a new charter school may be
3 made by an individual, teachers, parents, a group of
4 individuals, a municipality, or a legal entity organized under
5 the laws of this state.
6 2. The district school board or 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, shall submit any application for
12 converting the school to a charter school. An application
13 submitted proposing to convert an existing public school to a
14 charter school shall demonstrate the support of at least 50
15 percent of the teachers employed at the school and 50 percent
16 of the parents voting whose children are enrolled at the
17 school, provided that a majority of the parents eligible to
18 vote participate in the ballot process, according to
19 procedures established by rules of the state board. A district
20 school board denying an application for a conversion charter
21 school shall provide notice of denial to the applicants in
22 writing within 30 days after the meeting at which the school
23 board denied the application. The notice must specify the
24 exact reasons for denial and must provide documentation
25 supporting those reasons. A private school, parochial school,
26 or home education program shall not be eligible for charter
27 school status.
28 (b) 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 force as a result
13 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 which 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 a reprisal prohibited by this
21 subsection, an employee may file a complaint with the
22 Department of Education.
23 2. Within 3 working days after receiving a complaint
24 under this section, the department shall acknowledge receipt
25 of the complaint and provide copies of the complaint and any
26 other relevant preliminary information available to each of
27 the other parties named in the complaint, which parties shall
28 each acknowledge receipt of such copies to the complainant.
29 3. If the department determines that the complaint
30 demonstrates reasonable cause to suspect that an unlawful
31
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1 reprisal has occurred, the department shall conduct an
2 investigation to produce a fact-finding report.
3 4. Within 90 days after receiving the complaint, the
4 department shall provide the superintendent of schools of the
5 complainant's district and the complainant with a fact-finding
6 report that may include recommendations to the parties or
7 proposed resolution of the complaint. The fact-finding report
8 shall be presumed admissible in any subsequent or related
9 administrative or judicial review.
10 5. If the department determines that reasonable
11 grounds exist to believe that an unlawful reprisal has
12 occurred, is occurring, or is to be taken, and is unable to
13 conciliate a complaint within 60 days after receipt of the
14 fact-finding report, the department shall terminate the
15 investigation. Upon termination of any investigation, the
16 department shall notify the complainant and the superintendent
17 of schools of the termination of the investigation, providing
18 a summary of relevant facts found during the investigation and
19 the reasons for terminating the investigation. A written
20 statement under this paragraph is presumed admissible as
21 evidence in any judicial or administrative proceeding.
22 6. The department shall either contract with the
23 Division of Administrative Hearings under s. 120.65, or
24 otherwise provide for a complaint for which the department
25 determines reasonable grounds exist to believe that an
26 unlawful reprisal has occurred, is occurring, or is to be
27 taken, and is unable to conciliate, to be heard by a panel of
28 impartial persons. Upon hearing the complaint, the panel must
29 make findings of fact and conclusions of law for a final
30 decision by the department.
31
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1 It shall be an affirmative defense to any action brought
2 pursuant to this section that the adverse action was
3 predicated upon grounds other than, and would have been taken
4 absent, the employee's exercise of rights protected by this
5 section.
6 (c) In any action brought under this section for which
7 it is determined reasonable grounds exist to believe that an
8 unlawful reprisal has occurred, is occurring, or is to be
9 taken, the relief must include the following:
10 1. Reinstatement of the employee to the same position
11 held before the unlawful reprisal was commenced, or to an
12 equivalent position, or payment of reasonable front pay as
13 alternative relief.
14 2. Reinstatement of the employee's full fringe
15 benefits and seniority rights, as appropriate.
16 3. Compensation, if appropriate, for lost wages,
17 benefits, or other lost remuneration caused by the unlawful
18 reprisal.
19 4. Payment of reasonable costs, including attorney's
20 fees, to a substantially prevailing employee, or to the
21 prevailing employer if the employee filed a frivolous action
22 in bad faith.
23 5. Issuance of an injunction, if appropriate, by a
24 court of competent jurisdiction.
25 6. Temporary reinstatement to the employee's former
26 position or to an equivalent position, pending the final
27 outcome on the complaint, if it is determined that the action
28 was not made in bad faith or for a wrongful purpose, and did
29 not occur after a district school board's initiation of a
30 personnel action against the employee which includes
31
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1 documentation of the employee's violation of a disciplinary
2 standard or performance deficiency.
3 (4) SPONSOR.--A district school board may sponsor a
4 charter school in the county over which the board has
5 jurisdiction.
6 (a) A district school board shall receive and review
7 all applications for a charter school. A district school board
8 shall receive and consider charter school applications
9 received on or before October 1 of each calendar year for
10 charter schools to be opened at the beginning of the school
11 district's next school year, or to be opened at a time agreed
12 to by the applicant and the district school board. A district
13 school board may receive applications later than this date if
14 it chooses. A sponsor may not charge an applicant for a
15 charter any fee for the processing or consideration of an
16 application, and a sponsor may not base its consideration or
17 approval of an application upon the promise of future payment
18 of any kind.
19 1. In order to facilitate an accurate budget
20 projection process, a district school board shall be held
21 harmless for FTE students which are not included in the FTE
22 projection due to approval of charter school applications
23 after the FTE projection deadline. In a further effort to
24 facilitate an accurate budget projection, within 15 calendar
25 days after receipt of a charter school application, a district
26 school board or other sponsor shall report to the Department
27 of Education the name of the applicant entity, the proposed
28 charter school location, and its projected FTE.
29 2. A district school board must by a majority vote
30 approve or deny an application no later than 60 calendar days
31 after the application is received, unless the district school
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1 board and the applicant mutually agree to temporarily postpone
2 the vote to a specific date, at which time the district school
3 board must by a majority vote approve or deny the application.
4 If the district school board fails to act on the application,
5 an applicant may appeal to the State Board of Education as
6 provided in paragraph (b). If an application is denied, the
7 district school board must, within 10 calendar days,
8 articulate in writing the specific reasons based upon good
9 cause supporting its denial of the charter application.
10 3. For budget projection purposes, the district school
11 board or other sponsor shall report to the department the
12 approval or denial of a charter application within 10 calendar
13 days after such approval or denial. In the event of approval,
14 the report to the department must include the final projected
15 FTE for the approved charter school.
16 4. Upon approval of a charter application, the initial
17 startup must commence with the beginning of the public school
18 calendar for the district in which the charter is granted
19 unless the district school board allows a waiver of this
20 provision for good cause.
21 (b) An applicant may appeal any denial of that
22 applicant's application or failure to act on an application to
23 the State Board of Education no later than 30 calendar days
24 after receipt of the district school board's decision or
25 failure to act and shall notify the district school board of
26 its appeal. Any response of the school board shall be
27 submitted to the state board within 30 calendar days after
28 notification of the appeal. The state board must by majority
29 vote accept or reject the decision of the district school
30 board no later than 60 calendar days after an appeal is filed
31 in accordance with state board rule. The state board may
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1 reject an appeal submission for failure to comply with
2 procedural rules governing the appeals process. The rejection
3 shall describe the submission errors. The appellant may have
4 up to 15 calendar days from notice of rejection to resubmit an
5 appeal that meets requirements of rule. An application for
6 appeal submitted subsequent to such rejection shall be
7 considered timely if the original appeal was filed within 30
8 calendar days after receipt of notice of the specific reasons
9 for the school board's denial of the charter application. The
10 state board shall remand the application to the district
11 school board with its written recommendation that the district
12 board approve or deny the application consistent with the
13 state board's decision. The decision of the State Board of
14 Education is not subject to the provisions of the
15 Administrative Procedure Act, chapter 120.
16 (c) The district school board must act upon the
17 recommendation of the State Board of Education within 30
18 calendar days after it is received. The district board may
19 fail to act in accordance with the recommendation of the state
20 board only for good cause. Good cause for failing to act in
21 accordance with the state board's recommendation arises only
22 if the district school board determines by competent
23 substantial evidence that approving the state board's
24 recommendation would be contrary to law or contrary to the
25 best interests of the pupils or the community. The district
26 school board must articulate in written findings the specific
27 reasons based upon good cause supporting its failure to act in
28 accordance with the state board's recommendation. The district
29 board's action on the state board's recommendation is a final
30 action subject to judicial review.
31
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1 (d) The Department of Education may provide technical
2 assistance to an applicant upon written request.
3 (e) Paragraph (a) notwithstanding, a state university
4 may grant a charter to a developmental research school. In
5 considering such charter, the state university must consult
6 with the district school board of the county in which the
7 developmental research school is located. The decision of a
8 state university may be appealed pursuant to the procedure
9 established in this subsection.
10 (f) The terms and conditions for the operation of a
11 charter school shall be set forth by the sponsor and the
12 applicant in a written contractual agreement, called a
13 charter. The sponsor shall not impose unreasonable rules or
14 regulations that violate the intent of giving charter schools
15 greater flexibility to meet educational goals. The applicant
16 and sponsor shall have 6 months in which to mutually agree to
17 the provisions of the charter. The Department of Education
18 shall provide mediation services for any dispute regarding
19 this section subsequent to the approval of a charter
20 application and for any dispute relating to the approved
21 charter, except disputes regarding charter school application
22 denials. If the Commissioner of Education determines that the
23 dispute cannot be settled through mediation, the dispute may
24 be appealed to an administrative law judge appointed by the
25 Division of Administrative Hearings. The administrative law
26 judge may rule on issues of equitable treatment of the charter
27 school as a public school, whether proposed provisions of the
28 charter violate the intended flexibility granted charter
29 schools by statute, or on any other matter regarding this
30 section except a charter school application denial, and shall
31 award the prevailing party reasonable attorney's fees and
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1 costs incurred to be paid by the losing party. The costs of
2 the administrative hearing shall be paid by the party whom the
3 administrative law judge rules against.
4 (g) The sponsor shall monitor and review the charter
5 school in its progress towards the goals established in the
6 charter.
7 (h) The sponsor shall monitor the revenues and
8 expenditures of the charter school.
9 (i) A charter school shall be exempt from the
10 sponsor's policies.
11 (5) CHARTER SCHOOL COOPERATIVES.--Charter schools may
12 enter into cooperative agreements to form charter school
13 cooperative organizations that may provide the following
14 services: charter school planning and development, direct
15 instructional services, contracts with charter school
16 governing boards to provide personnel administrative services,
17 payroll services, human resource management, evaluation and
18 assessment services, teacher preparation, and professional
19 development.
20 (6) NUMBER OF SCHOOLS.--
21 (a) The number of newly created charter schools is
22 limited to no more than 28 in each school district that has
23 100,000 or more students, no more than 20 in each school
24 district that has 50,000 to 99,999 students, and no more than
25 12 in each school district with fewer than 50,000 students.
26 (b) An existing public school which converts to a
27 charter school shall not be counted towards the limit
28 established by paragraph (a).
29
30 Notwithstanding any limit established by this subsection, a
31 district school board or a charter school applicant shall have
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1 the right to request an increase of the limit on the number of
2 charter schools authorized to be established within the
3 district from the State Board of Education.
4 (7) ELIGIBLE STUDENTS.--
5 (a) A charter school shall be open to any student
6 covered in an interdistrict agreement or residing in the
7 school district in which the charter school is located;
8 however, in the case of a developmental research school to
9 which a charter has been issued under paragraph (4)(e), the
10 charter school shall be open to any student eligible to attend
11 the developmental research school or who resides in the school
12 district in which the charter school is located. Any eligible
13 student shall be allowed interdistrict transfer to attend a
14 charter school when based on good cause. When a public school
15 converts to charter status, enrollment preference shall be
16 given to students who would have otherwise attended that
17 public school. A charter school may give enrollment preference
18 to a sibling of a student enrolled in the charter school, to
19 the child of a member of the governing board of the charter
20 school, or to the child of an employee of the charter school.
21 (b) The charter school shall enroll an eligible
22 student who submits a timely application, unless the number of
23 applications exceeds the capacity of a program, class, grade
24 level, or building. In such case, all applicants shall have an
25 equal chance of being admitted through a random selection
26 process.
27 (c) A charter school may limit the enrollment process
28 only to target the following student populations:
29 1. Students within specific age groups or grade
30 levels.
31
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1 2. Students considered at risk of dropping out of
2 school or academic failure. Such students shall include
3 exceptional education students.
4 3. Students enrolling in a charter
5 school-in-the-workplace or charter school-in-a-municipality
6 established pursuant to subsection (22).
7 4. Students residing within a reasonable distance of
8 the charter school, as described in paragraph (13)(c). Such
9 students shall be subject to a random lottery and to the
10 racial/ethnic balance provisions described in subparagraph
11 (9)(a)8. or any federal provisions which require a school to
12 achieve a racial/ethnic balance reflective of the community it
13 serves or within the racial/ethnic range of other public
14 schools in the same school district.
15 5. Students who meet reasonable academic, artistic, or
16 other eligibility standards established by the charter school
17 and included in the charter school application and charter or,
18 in the case of existing charter schools, standards that are
19 consistent with the school's mission and purpose. Such
20 standards must be in accordance with current state law and
21 practice in public schools and may not discriminate against
22 otherwise qualified individuals.
23 6. Students articulating from one charter school to
24 another pursuant to an articulation agreement between the
25 charter schools which has been approved by the sponsor.
26 (d) A student may withdraw from a charter school at
27 any time and enroll in another public school as determined by
28 school board policy.
29 (e) Students with handicapping conditions and students
30 served in English for Speakers of Other Languages programs
31
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1 shall have an equal opportunity of being selected for
2 enrollment in a charter school.
3 (f) The capacity of the charter school shall be
4 determined annually by the governing board, in conjunction
5 with the sponsor, of the charter school in consideration of
6 the factors identified in this subsection.
7 (8) LEGAL ENTITY.--A charter school shall organize as,
8 or be operated by, a nonprofit organization. A charter school
9 may be operated by a municipality or other public entity as
10 provided for by law. As such, the charter school may be either
11 a private or a public employer. As a public employer, a
12 charter school may participate in the Florida Retirement
13 System upon application and approval as a "covered group"
14 under s. 121.021(34). If a charter school participates in the
15 Florida Retirement System, the charter school employees shall
16 be compulsory members of the Florida Retirement System. As
17 either a private or a public employer, a charter school may
18 contract for services with an individual or group of
19 individuals who are organized as a partnership or a
20 cooperative. Individuals or groups of individuals who contract
21 their services to the charter school are not public employees.
22 (9) REQUIREMENTS.--
23 (a) A charter school shall be nonsectarian in its
24 programs, admission policies, employment practices, and
25 operations.
26 (b) A charter school shall admit students as provided
27 in subsection (6).
28 (c) A charter school shall be accountable to its
29 sponsor for performance as provided in subsection (10).
30 (d) A charter school shall not charge tuition or fees,
31 except those fees normally charged by other public schools.
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1 However, a developmental research school to which a charter
2 has been issued pursuant to paragraph (4)(e) may charge a
3 student activity and service fee as authorized by s. 1002.32.
4 (e) A charter school shall meet all applicable state
5 and local health, safety, and civil rights requirements.
6 (f) A charter school shall not violate the
7 antidiscrimination provisions of s. 1000.05.
8 (g) A charter school shall provide for an annual
9 financial audit in accordance with s. 218.39.
10 (h) No organization shall hold more than 15 charters
11 statewide.
12 (i) In order to provide financial information that is
13 comparable to that reported for other public schools, charter
14 schools are to maintain all financial records that constitute
15 their accounting system:
16 1. In accordance with the accounts and codes
17 prescribed in the most recent issuance of the publication
18 titled "Financial and Program Cost Accounting and Reporting
19 for Florida Schools"; or
20 2. At the discretion of the charter school governing
21 board, a charter school may elect to follow generally accepted
22 accounting standards for not-for-profit organizations, but
23 must reformat this information for reporting according to this
24 paragraph.
25
26 Charter schools are to provide annual financial report and
27 program cost report information in the state-required formats
28 for inclusion in district reporting in compliance with s.
29 1011.60(1). Charter schools which are operated by a
30 municipality or are a component unit of a parent nonprofit
31 organization may use the accounting system of the municipality
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1 or the parent, but must reformat this information for
2 reporting according to this paragraph.
3 (j) The governing board of the charter school shall
4 annually adopt and maintain an operating budget.
5 (10) CHARTER.--The major issues involving the
6 operation of a charter school shall be considered in advance
7 and written into the charter. The charter shall be signed by
8 the governing body of the charter school and the sponsor,
9 following a public hearing to ensure community input.
10 (a) The charter shall address, and criteria for
11 approval of the charter shall be based on:
12 1. The school's mission, the students to be served,
13 and the ages and grades to be included.
14 2. The focus of the curriculum, the instructional
15 methods to be used, any distinctive instructional techniques
16 to be employed, and identification and acquisition of
17 appropriate technologies needed to improve educational and
18 administrative performance. This must include a means for
19 promoting safe, ethical, and appropriate uses of technology
20 which comply with legal and professional standards.
21 3. The current incoming baseline standard of student
22 academic achievement, the outcomes to be achieved, and the
23 method of measurement that will be used. This section shall
24 include a detailed description for each of the following:
25 a. How the baseline student academic achievement
26 levels and prior rates of academic progress will be
27 established.
28 b. How these baseline rates will be compared to rates
29 of academic progress achieved by these same students while
30 attending the charter school.
31
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1 c. To the extent possible, how these rates of progress
2 will be evaluated and compared with rates of progress of other
3 closely comparable student populations.
4 d. The district school board is required to provide
5 academic student performance data to charter schools for each
6 of their students coming from the district school system, as
7 well as rates of academic progress of comparable student
8 populations in the district school system.
9 4. The methods used to identify the educational
10 strengths and needs of students and how well educational goals
11 and performance standards are met by students attending the
12 charter school. Included in the methods is a means for
13 ensuring accountability to its constituents by analyzing
14 student performance data and by evaluating the effectiveness
15 and efficiency of its major educational programs. Students in
16 charter schools shall, at a minimum, participate in the
17 statewide assessment program.
18 5. In secondary charter schools, a method for
19 determining that a student has satisfied the requirements for
20 graduation in s. 1003.43.
21 6. A method for resolving conflicts between the
22 governing body of the charter school and the sponsor.
23 7. The admissions procedures and dismissal procedures,
24 including the school's code of student conduct.
25 8. The ways by which the school will achieve a
26 racial/ethnic balance reflective of the community it serves or
27 within the racial/ethnic range of other public schools in the
28 same school district.
29 9. The financial and administrative management of the
30 school, including a reasonable demonstration of the
31 professional experience or competence of those individuals or
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1 organizations applying to operate the charter school or those
2 hired or retained to perform such professional services and
3 the description of clearly delineated responsibilities and the
4 policies and practices needed to effectively manage the
5 charter school. A description of internal audit procedures and
6 establishment of controls to ensure that financial resources
7 are properly managed must be included. Both public sector and
8 private sector professional experience shall be equally valid
9 in such a consideration.
10 10. A description of procedures that identify various
11 risks and provide for a comprehensive approach to reduce the
12 impact of losses; plans to ensure the safety and security of
13 students and staff; plans to identify, minimize, and protect
14 others from violent or disruptive student behavior; and the
15 manner in which the school will be insured, including whether
16 or not the school will be required to have liability
17 insurance, and, if so, the terms and conditions thereof and
18 the amounts of coverage.
19 11. The term of the charter which shall provide for
20 cancellation of the charter if insufficient progress has been
21 made in attaining the student achievement objectives of the
22 charter and if it is not likely that such objectives can be
23 achieved before expiration of the charter. The initial term of
24 a charter shall be for 3, 4, or 5 years. In order to
25 facilitate access to long-term financial resources for charter
26 school construction, charter schools that are operated by a
27 municipality or other public entity as provided by law are
28 eligible for up to a 15-year charter, subject to approval by
29 the local school board. A developmental research school is
30 eligible for a charter for a term of up to 15 years issued by
31 a state university pursuant to paragraph (4)(e). In addition,
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1 to facilitate access to long-term financial resources for
2 charter school construction, charter schools that are operated
3 by a private, not-for-profit, s. 501(c)(3) status corporation
4 are eligible for up to a 10-year charter, subject to approval
5 by the local school board. Such long-term charters remain
6 subject to annual review and may be terminated during the term
7 of the charter, but only for specific good cause according to
8 the provisions set forth in subsection (10).
9 12. The facilities to be used and their location.
10 13. The qualifications to be required of the teachers
11 and the potential strategies used to recruit, hire, train, and
12 retain qualified staff to achieve best value.
13 14. The governance structure of the school, including
14 the status of the charter school as a public or private
15 employer as required in subsection (8).
16 15. A timetable for implementing the charter which
17 addresses the implementation of each element thereof and the
18 date by which the charter shall be awarded in order to meet
19 this timetable.
20 16. In the case of an existing public school being
21 converted to charter status, alternative arrangements for
22 current students who choose not to attend the charter school
23 and for current teachers who choose not to teach in the
24 charter school after conversion in accordance with the
25 existing collective bargaining agreement or school board
26 policy in the absence of a collective bargaining agreement.
27 However, alternative arrangements shall not be required for
28 current teachers who choose not to teach in a developmental
29 research school to which a charter has been issued pursuant to
30 paragraph (4)(e), except as authorized by the employment
31
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1 policies of the state university which grants the charter to
2 the developmental research school.
3 (b) A charter may be renewed every 5 school years,
4 provided that a program review demonstrates that the criteria
5 in paragraph (a) have been successfully accomplished and that
6 none of the grounds for nonrenewal established by paragraph
7 (11)(a) have been documented. In order to facilitate long-term
8 financing for charter school construction, charter schools
9 operating for a minimum of 2 years and demonstrating exemplary
10 academic programming and fiscal management are eligible for a
11 15-year charter renewal. Such long-term charter is subject to
12 annual review and may be terminated during the term of the
13 charter.
14 (c) A charter may be modified during its initial term
15 or any renewal term upon the recommendation of the sponsor or
16 the charter school governing board and the approval of both
17 parties to the agreement.
18 (d) The governing body of the charter school shall
19 exercise continuing oversight over charter school operations
20 and make annual progress reports to its sponsor, which upon
21 verification shall be forwarded to the Commissioner of
22 Education at the same time as other annual school
23 accountability reports. The report shall contain at least the
24 following information:
25 1. The charter school's progress towards achieving the
26 goals outlined in its charter.
27 2. The information required in the annual school
28 report pursuant to s. 1008.345.
29 3. Financial records of the charter school, including
30 revenues and expenditures.
31
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1 4. Salary and benefit levels of charter school
2 employees.
3 (e) A sponsor shall ensure that the charter is
4 innovative and consistent with the state education goals
5 established by s. 1000.03(5).
6 (f) Upon receipt of the annual report required by
7 paragraph (d), the Department of Education shall provide to
8 the State Board of Education, the Commissioner of Education,
9 the President of the Senate, and the Speaker of the House of
10 Representatives an analysis and comparison of the overall
11 performance of charter school students, to include all
12 students whose scores are counted as part of the state
13 assessment program, versus comparable public school students
14 in the district as determined by the state assessment program
15 currently administered in the school district, and, as
16 appropriate, the Florida Writes Assessment Test, the High
17 School Competency Test, and other assessments administered
18 pursuant to s. 1008.22(3).
19 (g) Whenever a municipality has submitted charter
20 applications for the establishment of a charter school feeder
21 pattern (elementary, middle, and senior high schools), and
22 upon approval of each individual charter application by the
23 district school board, such applications will then be
24 designated as one charter for all purposes listed pursuant to
25 this section.
26 (11) CAUSES FOR NONRENEWAL OR TERMINATION.--
27 (a) At the end of the term of a charter, the sponsor
28 may choose not to renew the charter for any of the following
29 grounds:
30 1. Failure to meet the requirements for student
31 performance stated in the charter.
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1 2. Failure to meet generally accepted standards of
2 fiscal management.
3 3. Violation of law.
4 4. Other good cause shown.
5 (b) During the term of a charter, the sponsor may
6 terminate the charter for any of the grounds listed in
7 paragraph (a).
8 (c) At least 90 days prior to renewing or terminating
9 a charter, the sponsor shall notify the governing body of the
10 school of the proposed action in writing. The notice shall
11 state in reasonable detail the grounds for the proposed action
12 and stipulate that the school's governing body may, within 14
13 calendar days after receiving the notice, request an informal
14 hearing before the sponsor. The sponsor shall conduct the
15 informal hearing within 30 calendar days after receiving a
16 written request. The charter school's governing body may,
17 within 14 calendar days after receiving the sponsor's decision
18 to terminate or refuse to renew the charter, appeal the
19 decision pursuant to the procedure established in subsection
20 (4).
21 (d) A charter may be terminated immediately if the
22 sponsor determines that good cause has been shown or if the
23 health, safety, or welfare of the students is threatened. The
24 school district in which the charter school is located shall
25 assume operation of the school under these circumstances. The
26 charter school's governing board may, within 14 days after
27 receiving the sponsor's decision to terminate the charter,
28 appeal the decision pursuant to the procedure established in
29 subsection (4).
30 (e) When a charter is not renewed or is terminated,
31 the school shall be dissolved under the provisions of law
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1 under which the school was organized, and any unencumbered
2 public funds from the charter school shall revert to the
3 district school board. If a charter school is dissolved or is
4 otherwise terminated, all district school board property and
5 improvements, furnishings, and equipment purchased with public
6 funds shall automatically revert to full ownership by the
7 district school board, subject to complete satisfaction of any
8 lawful liens or encumbrances.
9 (f) If a charter is not renewed or is terminated, the
10 charter school is responsible for all debts of the charter
11 school. The district may not assume the debt from any contract
12 for services made between the governing body of the school and
13 a third party, except for a debt that is previously detailed
14 and agreed upon in writing by both the district and the
15 governing body of the school and that may not reasonably be
16 assumed to have been satisfied by the district.
17 (g) If a charter is not renewed or is terminated, a
18 student who attended the school may apply to, and shall be
19 enrolled in, another public school. Normal application
20 deadlines shall be disregarded under such circumstances.
21 (12) EXEMPTION FROM STATUTES.--A charter school shall
22 operate in accordance with its charter and shall be exempt
23 from all statutes of the Florida School Code, except those
24 specifically applying to charter schools; those pertaining to
25 the provision of services to students with disabilities; those
26 pertaining to civil rights, those relating to discrimination;
27 and those pertaining to student health, safety, and welfare;
28 or as otherwise required by this section. A charter school
29 shall not be exempt from the following statutes: chapter 119,
30 relating to public records, and s. 286.011, relating to public
31 meetings and records, public inspection, and penalties. The
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1 charter school's governing board may apply to the Commissioner
2 of Education for a waiver of provisions applicable to charter
3 schools under this section unless the waiver would affect
4 funding allocations or create inequity in public school
5 funding. The Commissioner of Education must confirm receipt of
6 a waiver request from a charter school by providing a copy of
7 the request to the sponsor. The commissioner may grant the
8 waiver if necessary to implement the school program and shall
9 provide notice of the final dispensation of the waiver request
10 to the charter school governing board and the charter school's
11 sponsor.
12 (13) EMPLOYEES OF CHARTER SCHOOLS.--
13 (a) A charter school shall select its own employees. A
14 charter school may contract with its sponsor for the services
15 of personnel employed by the sponsor.
16 (b) Charter school employees shall have the option to
17 bargain collectively. Employees may collectively bargain as a
18 separate unit or as part of the existing district collective
19 bargaining unit as determined by the structure of the charter
20 school.
21 (c) The employees of a conversion charter school shall
22 remain public employees for all purposes, unless such
23 employees choose not to do so.
24 (d) The teachers at a charter school may choose to be
25 part of a professional group that subcontracts with the
26 charter school to operate the instructional program under the
27 auspices of a partnership or cooperative that they
28 collectively own. Under this arrangement, the teachers would
29 not be public employees.
30 (e) Employees of a school district may take leave to
31 accept employment in a charter school upon the approval of the
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1 district school board. While employed by the charter school
2 and on leave that is approved by the school board, the
3 employee may retain seniority accrued in that school district
4 and may continue to be covered by the benefit programs of that
5 school district, if the charter school and the district school
6 board agree to this arrangement and its financing. School
7 districts shall not require resignations of teachers desiring
8 to teach in a charter school. This paragraph does not prohibit
9 a school board from approving alternative leave arrangements
10 consistent with chapter 1012.
11 (f) Teachers employed by or under contract to a
12 charter school shall be certified as required by chapter 1012.
13 A charter school governing board may employ or contract with
14 skilled selected noncertified personnel to provide
15 instructional services or to assist instructional staff
16 members as education paraprofessionals in the same manner as
17 defined in chapter 1012, and as provided by State Board of
18 Education rule for charter school governing boards. A charter
19 school may not knowingly employ an individual to provide
20 instructional services or to serve as an education
21 paraprofessional if the individual's certification or
22 licensure as an educator is suspended or revoked by this or
23 any other state. A charter school may not knowingly employ an
24 individual who has resigned from a school district in lieu of
25 disciplinary action with respect to child welfare or safety,
26 or who has been dismissed for just cause by any school
27 district with respect to child welfare or safety. The
28 qualifications of teachers shall be disclosed to parents.
29 (g) A charter school shall employ or contract with
30 employees who have been fingerprinted as provided in s.
31 1012.32. Members of the governing board of the charter school
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1 shall also be fingerprinted in a manner similar to that
2 provided in s. 1012.32.
3 (14) REVENUE.--Students enrolled in a charter school,
4 regardless of the sponsorship, shall be funded as if they are
5 in a basic program or a special program, the same as students
6 enrolled in other public schools in the school district.
7 Funding for a chartered developmental research school shall be
8 as provided in s. 1002.32.
9 (a) Each charter school shall report its student
10 enrollment to the district school board as required in s.
11 1011.62, and in accordance with the definitions in s. 1011.62.
12 The district school board shall include each charter school's
13 enrollment in the district's report of student enrollment. All
14 charter schools submitting student record information required
15 by the Department of Education shall comply with the
16 department's guidelines for electronic data formats for such
17 data, and all districts shall accept electronic data that
18 complies with the department's electronic format.
19 (b) The basis for the agreement for funding students
20 enrolled in a charter school shall be the sum of the school
21 district's operating funds from the Florida Education Finance
22 Program as provided in s. 1011.62 and the General
23 Appropriations Act, including gross state and local funds,
24 discretionary lottery funds, and funds from the school
25 district's current operating discretionary millage levy;
26 divided by total funded weighted full-time equivalent students
27 in the school district; multiplied by the weighted full-time
28 equivalent students for the charter school. Charter schools
29 whose students or programs meet the eligibility criteria in
30 law shall be entitled to their proportionate share of
31 categorical program funds included in the total funds
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1 available in the Florida Education Finance Program by the
2 Legislature, including transportation. Total funding for each
3 charter school will be recalculated during the year to reflect
4 the revised calculations under the Florida Education Finance
5 Program by the state and the actual weighted full-time
6 equivalent students reported by the charter school during the
7 full-time equivalent student survey periods designated by the
8 Commissioner of Education.
9 (c) Transportation of charter school students shall be
10 provided by the charter school consistent with the
11 requirements of part I.e. of chapter 1006. The governing body
12 of the charter school may provide transportation through an
13 agreement or contract with the district school board, a
14 private provider, or parents. The charter school and the
15 sponsor shall cooperate in making arrangements that ensure
16 that transportation is not a barrier to equal access for all
17 students residing within a reasonable distance of the charter
18 school as determined in its charter.
19 (d) If the district school board is providing programs
20 or services to students funded by federal funds, any eligible
21 students enrolled in charter schools in the school district
22 shall be provided federal funds for the same level of service
23 provided students in the schools operated by the district
24 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
25 10306, all charter schools shall receive all federal funding
26 for which the school is otherwise eligible, including Title I
27 funding, not later than 5 months after the charter school
28 first opens and within 5 months after any subsequent expansion
29 of enrollment.
30 (e) Any administrative fee charged by the school
31 district relating to a charter school shall be limited to 5
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1 percent of the available funds as defined in paragraph (b) not
2 including capital outlay funds, federal and state grants, or
3 any other funds unless explicitly provided by law. The sponsor
4 shall provide certain administrative and educational services
5 to charter schools at no additional fee. These services shall
6 include contract management services, FTE and data reporting,
7 exceptional student education administration, test
8 administration, processing of teacher certificate data, and
9 information services.
10 (f) School boards shall make every effort to ensure
11 that charter schools receive timely and efficient
12 reimbursement, including processing paperwork required to
13 access special state and federal funding for which they may be
14 eligible. The district school board may distribute funds to a
15 charter school for up to 3 months based on the projected
16 full-time equivalent student membership of the charter school.
17 Thereafter, the results of full-time equivalent student
18 membership surveys must be used in adjusting the amount of
19 funds distributed monthly to the charter school for the
20 remainder of the fiscal year. The payment shall be issued no
21 later than 10 working days after the district school board
22 receives a distribution of state or federal funds. If a
23 warrant for payment is not issued within 30 working days after
24 receipt of funding by the district school board, the school
25 district shall pay to the charter school, in addition to the
26 amount of the scheduled disbursement, interest at a rate of 1
27 percent per month calculated on a daily basis on the unpaid
28 balance from the expiration of the 30-day period until such
29 time as the warrant is issued.
30 (g) If a district school board facility or property is
31 available because it is surplus, marked for disposal, or
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1 otherwise unused, it shall be provided for a charter school's
2 use on the same basis as it is made available to other public
3 schools in the district. A charter school receiving property
4 from the school district may not sell or dispose of such
5 property without written permission of the school district.
6 Similarly, for an existing public school converting to charter
7 status, no rental or leasing fee for the existing facility or
8 for the property normally inventoried to the conversion school
9 may be charged by the district school board to the parents and
10 teachers organizing the charter school. The charter organizers
11 shall agree to reasonable maintenance provisions in order to
12 maintain the facility in a manner similar to district school
13 board standards. The Public Education Capital Outlay
14 maintenance funds or any other maintenance funds generated by
15 the facility operated as a conversion school shall remain with
16 the conversion school.
17 (h) If other goods and services are made available to
18 the charter school through the contract with the school
19 district, they shall be provided to the charter school at a
20 rate no greater than the district's actual cost. To maximize
21 the use of state funds, school districts shall allow charter
22 schools to participate in the sponsor's bulk purchasing
23 program if applicable.
24 (15) IMMUNITY.--For the purposes of tort liability,
25 the governing body and employees of a charter school shall be
26 governed by s. 768.28.
27 (16) LENGTH OF SCHOOL YEAR.--A charter school shall
28 provide instruction for at least the number of days required
29 by law for other public schools, and may provide instruction
30 for additional days.
31 (17) FACILITIES.--
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1 (a) A charter school shall use facilities that comply
2 with the State Uniform Building Code for Public Educational
3 Facilities Construction adopted pursuant to s. 1013.37 or with
4 applicable state minimum building codes pursuant to chapter
5 553 and state minimum fire protection codes pursuant to s.
6 633.025, as adopted by the authority in whose jurisdiction the
7 facility is located.
8 (b) Any facility, or portion thereof, used to house a
9 charter school whose charter has been approved by the sponsor
10 and the governing board, pursuant to subsection (9), shall be
11 exempt from ad valorem taxes pursuant to s. 196.1983.
12 (c) Charter school facilities shall utilize facilities
13 that comply with the Florida Building Code, pursuant to
14 chapter 553, and the Florida Fire Prevention Code, pursuant to
15 chapter 633.
16 (d) Charter school facilities are exempt from
17 assessments of fees for building permits, except as provided
18 in s. 553.80, and from assessments of impact fees or service
19 availability fees.
20 (18) INITIAL COSTS.--A sponsor may approve a charter
21 for a charter school before the applicant has secured space,
22 equipment, or personnel, if the applicant indicates approval
23 is necessary for it to raise working capital.
24 (19) INFORMATION.--The Department of Education shall
25 provide information to the public, directly and through
26 sponsors, both on how to form and operate a charter school and
27 on how to enroll in charter schools once they are created.
28 This information shall include a standard application format
29 which shall include the information specified in subsection
30 (9). This application format may be used by chartering
31 entities.
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1 (20) GENERAL AUTHORITY.--A charter school shall not
2 levy taxes or issue bonds secured by tax revenues.
3 (21) REVIEW.--
4 (a) The Department of Education shall regularly
5 convene a Charter School Review Panel in order to review
6 issues, practices, and policies regarding charter schools. The
7 composition of the review panel shall include individuals with
8 experience in finance, administration, law, education, and
9 school governance, and individuals familiar with charter
10 school construction and operation. The panel shall include two
11 appointees each from the Commissioner of Education, the
12 President of the Senate, and the Speaker of the House of
13 Representatives. The Governor shall appoint three members of
14 the panel and shall designate the chair. Each member of the
15 panel shall serve a 1-year term, unless renewed by the office
16 making the appointment. The panel shall make recommendations
17 to the Legislature, to the Department of Education, to charter
18 schools, and to school districts for improving charter school
19 operations and oversight and for ensuring best business
20 practices at and fair business relationships with charter
21 schools.
22 (b) The Legislature shall review the operation of
23 charter schools during the 2005 Regular Session of the
24 Legislature.
25 (22) RULEMAKING.--The Department of Education, after
26 consultation with school districts and charter school
27 directors, shall recommend that the State Board of Education
28 adopt rules to implement specific subsections of this section.
29 Such rules shall require minimum paperwork and shall not limit
30 charter school flexibility authorized by statute.
31
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1 (23) CHARTER SCHOOLS-IN-THE-WORKPLACE, CHARTER
2 SCHOOLS-IN-A-DEVELOPMENT, AND CHARTER SCHOOLS
3 IN-A-MUNICIPALITY.--
4 (a) In order to increase business partnerships in
5 education, to reduce school and classroom overcrowding
6 throughout the state, to encourage developers of residential
7 and other projects to provide school infrastructure concurrent
8 with school impacts, to promote and encourage local
9 communities to participate in and advance the cause of
10 neighborhood schools, and to offset the high costs for
11 educational facilities construction, the Legislature intends
12 to encourage the formation of business partnership schools or
13 satellite learning centers through charter school status.
14 (b) A charter school-in-the-workplace may be
15 established when a business partner provides the school
16 facility to be used; enrolls students based upon a random
17 lottery which involves all of the children of employees of
18 that business or corporation who are seeking enrollment, as
19 provided for in subsection (7); and enrolls students according
20 to the racial/ethnic balance provisions described in
21 subparagraph (10)(a)8. Any portion of a facility used for a
22 public charter school shall be exempt from ad valorem taxes,
23 as provided for in s. 1013.54, for the duration of its use as
24 a public school.
25 (c) A charter school-in-a-municipality designation may
26 be granted to a municipality that possesses a charter; enrolls
27 students based upon a random lottery that involves all of the
28 children of the residents of that municipality who are seeking
29 enrollment, as provided for in subsection (6); and enrolls
30 students according to the racial/ethnic balance provisions
31 described in subparagraph (10)(a)8. Any portion of the land
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1 and facility used for a public charter school shall be exempt
2 from ad valorem taxes, as provided for in s. 1013.54, for the
3 duration of its use as a public school.
4 (d) As used in this subsection, the terms "business
5 partner," "employer," "developer," or "municipality" may
6 include more than one business, employer, developer, or
7 municipality to form a charter school-in-the-workplace,
8 charter school-in-a-development, or charter
9 school-in-a-municipality.
10 Section 99. Section 1002.34, Florida Statutes, is
11 created to read:
12 1002.34 Charter technical career centers.--
13 (1) AUTHORIZATION.--The Legislature finds that the
14 establishment of charter technical career centers can assist
15 in promoting advances and innovations in workforce preparation
16 and economic development. A charter technical career center
17 may provide a learning environment that better serves the
18 needs of a specific population group or a group of
19 occupations, thus promoting diversity and choices within the
20 public education and public postsecondary technical education
21 community in this state. Therefore, the creation of such
22 centers is authorized as part of the state's program of public
23 education. A charter technical career center may be formed by
24 creating a new school or converting an existing school
25 district or community college program to charter technical
26 status.
27 (2) PURPOSE.--The purpose of a charter technical
28 career center is to:
29 (a) Develop a competitive workforce to support local
30 business and industry and economic development.
31
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1 (b) Create a training and education model that is
2 reflective of marketplace realities.
3 (c) Offer a continuum of career educational
4 opportunities using a school-to-work, tech-prep, technical,
5 academy, and magnet school model.
6 (d) Provide career pathways for lifelong learning and
7 career mobility.
8 (e) Enhance career and technical training.
9 (3) DEFINITIONS.--As used in this section, the term:
10 (a) "Charter technical career center" or "center"
11 means a public school or a public technical center operated
12 under a charter granted by a district school board or
13 community college board of trustees or a consortium, including
14 one or more district school boards and community college
15 boards of trustees, that includes the district in which the
16 facility is located, that is nonsectarian in its programs,
17 admission policies, employment practices, and operations, and
18 is managed by a board of directors.
19 (b) "Sponsor" means a district school board, a
20 community college board of trustees, or a consortium of one or
21 more of each.
22 (4) CHARTER.--A sponsor may designate centers as
23 provided in this section. An application to establish a
24 center may be submitted by a sponsor or another organization
25 that is determined, by rule of the State Board of Education,
26 to be appropriate. However, an independent school is not
27 eligible for status as a center. The charter must be signed
28 by the governing body of the center and the sponsor, and must
29 be approved by the district school board and community college
30 board of trustees in whose geographic region the facility is
31 located. If a charter technical career center is established
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1 by the conversion to charter status of a public technical
2 center formerly governed by a district school board, the
3 charter status of that center takes precedence in any question
4 of governance. The governance of the center or of any program
5 within the center remains with its board of directors unless
6 the board agrees to a change in governance or its charter is
7 revoked as provided in subsection (15). Such a conversion
8 charter technical career center is not affected by a change in
9 the governance of public technical centers or of programs
10 within other centers that are or have been governed by
11 district school boards. A charter technical career center, or
12 any program within such a center, that was governed by a
13 district school board and transferred to a community college
14 prior to the effective date of this act is not affected by
15 this provision. An applicant who wishes to establish a center
16 must submit to the district school board or community college
17 board of trustees, or a consortium of one or more of each, an
18 application that includes:
19 (a) The name of the proposed center.
20 (b) The proposed structure of the center, including a
21 list of proposed members of the board of directors or a
22 description of the qualifications for and method of their
23 appointment or election.
24 (c) The workforce development goals of the center, the
25 curriculum to be offered, and the outcomes and the methods of
26 assessing the extent to which the outcomes are met.
27 (d) The admissions policy and criteria for evaluating
28 the admission of students.
29 (e) A description of the staff responsibilities and
30 the proposed qualifications of the teaching staff.
31
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1 (f) A description of the procedures to be implemented
2 to ensure significant involvement of representatives of
3 business and industry in the operation of the center.
4 (g) A method for determining whether a student has
5 satisfied the requirements for graduation specified in s.
6 1003.43 and for completion of a postsecondary certificate or
7 degree.
8 (h) A method for granting secondary and postsecondary
9 diplomas, certificates, and degrees.
10 (i) A description of and address for the physical
11 facility in which the center will be located.
12 (j) A method of resolving conflicts between the
13 governing body of the center and the sponsor and between
14 consortium members, if applicable.
15 (k) A method for reporting student data as required by
16 law and rule.
17 (l) Other information required by the district school
18 board or community college board of trustees.
19
20 Students at a center must meet the same testing and academic
21 performance standards as those established by law and rule for
22 students at public schools and public technical centers. The
23 students must also meet any additional assessment indicators
24 that are included within the charter approved by the district
25 school board or community college board of trustees.
26 (5) APPLICATION.--An application to establish a center
27 must be submitted by February 1 of the year preceding the
28 school year in which the center will begin operation. The
29 sponsor must review the application and make a final decision
30 on whether to approve the application and grant the charter by
31 March 1, and may condition the granting of a charter on the
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1 center's taking certain actions or maintaining certain
2 conditions. Such actions and conditions must be provided to
3 the applicant in writing. The district school board or
4 community college board of trustees is not required to issue a
5 charter to any person.
6 (6) SPONSOR.--A district school board or community
7 college board of trustees or a consortium of one or more of
8 each may sponsor a center in the county in which the board has
9 jurisdiction.
10 (a) A sponsor must review all applications for centers
11 received through at least February 1 of each calendar year for
12 centers to be opened at the beginning of the sponsor's next
13 school year. A sponsor may receive applications later than
14 this date if it so chooses. To facilitate an accurate budget
15 projection process, a sponsor shall be held harmless for FTE
16 students who are not included in the FTE projection due to
17 approval of applications after the FTE projection deadline. A
18 sponsor must, by a majority vote, approve or deny an
19 application no later than 60 days after the application is
20 received. If an application is denied, the sponsor must,
21 within 10 days, notify the applicant in writing of the
22 specific reasons for denial, which must be based upon good
23 cause. Upon approval of a charter application, the initial
24 startup must be consistent with the beginning of the public
25 school or community college calendar for the district in which
26 the charter is granted, unless the sponsor allows a waiver of
27 this provision for good cause.
28 (b) An applicant may appeal any denial of its
29 application to the State Board of Education within 30 days
30 after the sponsor's denial and shall notify the sponsor of its
31 appeal. Any response of the sponsor must be submitted to the
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1 state board within 30 days after notification of the appeal.
2 The State Board of Education must, by majority vote, accept or
3 reject the decision of the sponsor no later than 60 days after
4 an appeal is filed, pursuant to State Board of Education rule.
5 The State Board of Education may reject an appeal for failure
6 to comply with procedural rules governing the appeals process,
7 and the rejection must describe the submission errors. The
8 appellant may have up to 15 days after notice of rejection to
9 resubmit an appeal. An application for appeal submitted after
10 a rejection is timely if the original appeal was filed within
11 30 days after the sponsor's denial. The State Board of
12 Education shall remand the application to the sponsor with a
13 written recommendation that the sponsor approve or deny the
14 application, consistent with the state board's decision. The
15 decision of the State Board of Education is not subject to the
16 provisions of chapter 120.
17 (c) The sponsor must act upon the recommendation of
18 the State Board of Education within 30 days after it is
19 received, unless the sponsor determines by competent
20 substantial evidence that approving the state board's
21 recommendation would be contrary to law or the best interests
22 of the students or the community. The sponsor must notify the
23 applicant in writing concerning the specific reasons for its
24 failure to follow the state board's recommendation. The
25 sponsor's action on the state board's recommendation is a
26 final action, subject to judicial review.
27 (d) The Department of Education may provide technical
28 assistance to an applicant upon written request.
29 (e) The terms and conditions for the operation of a
30 center must be agreed to by the sponsor and the applicant in a
31 written contract. The sponsor may not impose unreasonable
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1 requirements that violate the intent of giving centers greater
2 flexibility to meet educational goals. The applicant and
3 sponsor must reach an agreement on the provisions of the
4 contract or the application is deemed denied.
5 (f) The sponsor shall monitor and review the center's
6 progress towards charter goals and shall monitor the center's
7 revenues and expenditures.
8 (7) LEGAL ENTITY.--A center must organize as a
9 nonprofit organization and adopt a name and corporate seal. A
10 center is a body corporate and politic, with all powers to
11 implement its charter program. The center may:
12 (a) Be a private or a public employer.
13 (b) Sue and be sued, but only to the same extent and
14 upon the same conditions that a public entity can be sued.
15 (c) Acquire real property by purchase, lease, lease
16 with an option to purchase, or gift, to use as a center
17 facility.
18 (d) Receive and disburse funds.
19 (e) Enter into contracts or leases for services,
20 equipment, or supplies.
21 (f) Incur temporary debts in anticipation of the
22 receipt of funds.
23 (g) Solicit and accept gifts or grants for career
24 center purposes.
25 (h) Take any other action that is not inconsistent
26 with this section and rules adopted under this section.
27 (8) ELIGIBLE STUDENTS.--A center must be open to all
28 students as space is available and may not discriminate in
29 admissions policies or practices on the basis of an
30 individual's physical disability or proficiency in English or
31 on any other basis that would be unlawful if practiced by a
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1 public school or a community college. A center may establish
2 reasonable criteria by which to evaluate prospective students,
3 which criteria must be outlined in the charter.
4 (9) FACILITIES.--A center may be located in any
5 suitable location, including part of an existing public school
6 or community college building, space provided on a public
7 worksite, or a public building. A center's facilities must
8 comply with the State Uniform Building Code for Public
9 Educational Facilities Construction adopted pursuant to s.
10 1013.37, or with applicable state minimum building codes
11 pursuant to chapter 553, and state minimum fire protection
12 codes pursuant to s. 633.025, adopted by the authority in
13 whose jurisdiction the facility is located. If K-12 public
14 school funds are used for construction, the facility must
15 remain on the local school district's Florida Inventory of
16 School Houses (FISH) school building inventory of the district
17 school board and must revert to the district school board if
18 the consortium dissolves and the program is discontinued. If
19 community college public school funds are used for
20 construction, the facility must remain on the local community
21 college's facilities inventory and must revert to the local
22 community college board of trustees if the consortium
23 dissolves and the program is discontinued. The additional
24 student capacity created by the addition of the center to the
25 local school district's FISH may not be calculated in the
26 permanent student capacity for the purpose of determining need
27 or eligibility for state capital outlay funds while the
28 facility is used as a center. If the construction of the
29 center is funded jointly by K-12 public school funds and
30 community college funds, the sponsoring entities must agree,
31
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1 before granting the charter, on the appropriate owner and
2 terms of transfer of the facility if the charter is dissolved.
3 (10) EXEMPTION FROM STATUTES.--
4 (a) A center must operate pursuant to its charter and
5 is exempt from all statutes of the Florida School Code except
6 provisions pertaining to civil rights and to student health,
7 safety, and welfare, or as otherwise required by law.
8 (b) A center must comply with the Florida K-20
9 Education Code with respect to providing services to students
10 with disabilities.
11 (c) A center must comply with the antidiscrimination
12 provisions of s. 1000.05.
13 (11) FUNDING.--
14 (a) Each district school board and community college
15 that sponsors a charter technical career center shall pay
16 directly to the center an amount stated in the charter. State
17 funding shall be generated for the center for its student
18 enrollment and program outcomes as provided in law. A center
19 is eligible for funding from the Florida Workforce Development
20 Education Fund, the Florida Education Finance Program, and the
21 Community College Program Fund, depending upon the programs
22 conducted by the center.
23 (b) A center may receive other state and federal aid,
24 grants, and revenue through the district school board or
25 community college board of trustees.
26 (c) A center may receive gifts and grants from private
27 sources.
28 (d) A center may not levy taxes or issue bonds, but it
29 may charge a student tuition fee consistent with authority
30 granted in its charter and permitted by law.
31
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1 (e) A center shall provide for an annual financial
2 audit in accordance with s. 218.39.
3 (f) A center must provide instruction for at least the
4 number of days required by law for other public schools or
5 community colleges, as appropriate, and may provide
6 instruction for additional days.
7 (12) EMPLOYEES OF A CENTER.--
8 (a) A center may select its own employees.
9 (b) A center may contract for services with an
10 individual, partnership, or a cooperative. Such persons
11 contracted with are not public employees.
12 (c) If a center contracts with a public educational
13 agency for services, the terms of employment must follow
14 existing state law and rule and local policies and procedures.
15 (d) The employees of a center may bargain
16 collectively, as a separate unit or as part of the existing
17 district collective bargaining unit, as determined by the
18 structure of the center.
19 (e) As a public employer, a center may participate in:
20 1. The Florida Retirement System upon application and
21 approval as a "covered group" under s. 121.021(34). If a
22 center participates in the Florida Retirement System, its
23 employees are compulsory members of the Florida Retirement
24 System.
25 2. The State Community College System Optional
26 Retirement Program pursuant to s. 1012.875(2), if the charter
27 is granted by a community college that participates in the
28 optional retirement program and meets the eligibility criteria
29 of s. 121.051(2)(c).
30
31
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1 (f) Teachers who are considered qualified by the
2 career center are exempt from state certification
3 requirements.
4 (g) A public school or community college teacher or
5 administrator may take a leave of absence to accept employment
6 in a charter technical career center upon the approval of the
7 school district or community college.
8 (h) An employee who is on a leave of absence under
9 this section may retain seniority accrued in that school
10 district or community college and may continue to be covered
11 by the benefit programs of that district or community college
12 if the center and the district school board or community
13 college board of trustees agree to this arrangement and its
14 financing.
15 (13) BOARD OF DIRECTORS AUTHORITY.--The board of
16 directors of a center may decide matters relating to the
17 operation of the school, including budgeting, curriculum, and
18 operating procedures, subject to the center's charter.
19 (14) ACCOUNTABILITY.--Each center must submit a report
20 to the participating district school board or community
21 college board of trustees by August 1 of each year. The
22 report must be in such form as the sponsor prescribes and must
23 include:
24 (a) A discussion of progress made toward the
25 achievement of the goals outlined in the center's charter.
26 (b) A financial statement setting forth by appropriate
27 categories the revenue and expenditures for the previous
28 school year.
29 (15) TERMS OF THE CHARTER.--The term of an initial
30 charter may not exceed 5 years. Thereafter, the sponsor may
31 renew a charter for a period up to 5 years. The sponsor may
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1 refuse to renew a charter or may revoke a charter if the
2 center has not fulfilled a condition imposed under the charter
3 or if the center has violated any provision of the charter.
4 The sponsor may place the center on probationary status to
5 allow the implementation of a remedial plan, after which, if
6 the plan is unsuccessful, the charter may be summarily
7 revoked. The sponsor shall develop procedures and guidelines
8 for the revocation and renewal of a center's charter. The
9 sponsor must give written notice of its intent not to renew
10 the charter at least 12 months before the charter expires. If
11 the sponsor revokes a charter before the scheduled expiration
12 date, the sponsor must provide written notice to the governing
13 board of the center at least 60 days before the date of
14 termination, stating the grounds for the proposed revocation.
15 The governing board of the center may request in writing an
16 informal hearing before the sponsor within 14 days after
17 receiving the notice of revocation. A revocation takes effect
18 at the conclusion of a school year, unless the sponsor
19 determines that earlier revocation is necessary to protect the
20 health, safety, and welfare of students. The sponsor shall
21 monitor and review the center in its progress towards the
22 goals established in the charter and shall monitor the
23 revenues and expenditures of the center.
24 (16) TRANSPORTATION.--The center may provide
25 transportation, pursuant to chapter 1006, through a contract
26 with the district school board or the community college board
27 of trustees, a private provider, or parents of students. The
28 center must ensure that transportation is not a barrier to
29 equal access for all students in grades K-12 residing within a
30 reasonable distance of the facility.
31
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1 (17) IMMUNITY.--For the purposes of tort liability,
2 the governing body and employees of a center are governed by
3 s.