House Bill hb0007D
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Florida House of Representatives - 2002 HB 7-D
By Representative Byrd
1 A bill to be entitled
2 An act relating to education and matters
3 connected therewith; creating the "Florida K-20
4 Education Code"; creating ch. 1000, F.S.,
5 entitled "K-20 General Provisions," consisting
6 of part I relating to general provisions, part
7 II relating to systemwide definitions, and part
8 III relating to educational compacts; creating
9 ch. 1001, F.S., entitled "K-20 Governance,"
10 consisting of part I relating to state-level
11 governance, part II relating to school district
12 governance, part III relating to community
13 colleges, and part IV relating to state
14 universities; creating ch. 1002, F.S., entitled
15 "Student and Parental Rights and Educational
16 Choices," consisting of part I relating to
17 general provisions, part II relating to student
18 and parental rights, part III relating to
19 educational choice, and part IV relating to
20 home education, private schools, and other
21 education options; creating ch. 1003, F.S.,
22 entitled "Public K-12 Education," consisting of
23 part I relating to general provisions, part II
24 relating to school attendance, part III
25 relating to control of students, part IV
26 relating to public K-12 educational
27 instruction, part V relating to specialized
28 instruction for certain public K-12 students,
29 and part VI relating to pilot public K-12
30 education programs; creating ch. 1004, F.S.,
31 entitled "Public Postsecondary Education,"
1
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1 consisting of part I relating to general
2 provisions, part II relating to state
3 universities, part III relating to community
4 colleges, and part IV relating to workforce
5 development education; providing
6 appropriations; creating ch. 1005, F.S.,
7 entitled "Nonpublic Postsecondary Education,"
8 consisting of part I relating to general
9 provisions, part II relating to the Commission
10 for Independent Education, and part III
11 relating to licensure of nonpublic
12 postsecondary educational institutions;
13 creating ch. 1006, F.S., entitled "Support for
14 Learning and Student Services," consisting of
15 part I relating to public K-12 education
16 support for learning and student services and
17 part II relating to postsecondary educational
18 institutions; creating ch. 1007, F.S., entitled
19 "Access and Articulation," consisting of part I
20 relating to general provisions, part II
21 relating to articulation, and part III relating
22 to access to postsecondary education; creating
23 ch. 1008, F.S., entitled "Assessment and
24 Accountability," consisting of part I relating
25 to assessment, part II relating to
26 accountability, and part III relating to the
27 Council for Education Policy Research and
28 Improvement; creating ch. 1009, F.S., entitled
29 "Educational Scholarships, Fees, and Financial
30 Assistance," consisting of part I relating to
31 general provisions, part II relating to
2
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1 postsecondary student fees, part III relating
2 to financial assistance, part IV relating to
3 prepaid college board programs, and part V
4 relating to the Florida higher education loan
5 authority; creating ch. 1010, F.S., entitled
6 "Financial Matters," consisting of part I
7 relating to general accounting requirements,
8 part II relating to financial reporting, part
9 III relating to audit requirements and
10 procedures, part IV relating to bonding, and
11 part V relating to trust funds; creating ch.
12 1011, F.S., entitled "Planning and Budgeting,"
13 consisting of part I relating to preparation,
14 adoption, and implementation of budgets, part
15 II relating to funding for school districts,
16 part III relating to funding for workforce
17 education, part IV relating to funding for
18 community colleges, and part V relating to
19 funding for state universities; creating ch.
20 1012, F.S., entitled "Personnel," consisting of
21 part I relating to general provisions, part II
22 relating to K-20 personnel issues, part III
23 relating to public schools personnel, part IV
24 relating to public postsecondary educational
25 institutions personnel, part V relating to
26 professional development, and part VI relating
27 to the interstate compact on qualifications of
28 educational personnel; creating ch. 1013, F.S.,
29 entitled "Educational Facilities," consisting
30 of part I relating to functions of the
31 Department of Education, part II relating to
3
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1 use and management of educational facilities,
2 part III relating to planning and construction
3 of educational facilities, and part IV relating
4 to funding for educational facilities;
5 reenacting and amending s. 20.15, F.S.,
6 relating to the Department of Education, to
7 conform; amending ss. 11.061, 11.40, 11.45,
8 23.1225, 24.121, 39.0015, 39.407, 61.13015,
9 105.061, 110.1228, 110.123, 110.151, 110.181,
10 110.205, 112.1915, 112.313, 120.52, 120.55,
11 120.81, 121.051, 121.091, 145.131, 145.19,
12 153.77, 159.27, 163.3177, 163.3191, 195.096,
13 196.012, 196.031, 196.1983, 200.001, 200.065,
14 200.069, 201.24, 210.20, 212.04, 212.0602,
15 212.08, 213.053, 215.20, 215.82, 216.181,
16 216.301, 218.39, 220.183, 222.22, 250.115,
17 255.0515, 255.0516, 265.2861, 265.603, 267.173,
18 267.1732, 282.005, 282.103, 282.105, 282.106,
19 282.3031, 282.3063, 282.310, 284.34, 285.18,
20 287.042, 287.055, 287.064, 288.039, 288.8175,
21 295.01, 295.015, 295.016, 295.017, 295.018,
22 295.019, 295.0195, 316.003, 316.027, 316.515,
23 316.6145, 316.615, 316.70, 316.72, 318.12,
24 318.14, 320.08058, 320.20, 320.38, 322.031,
25 322.091, 322.095, 322.21, 333.03, 364.508,
26 380.0651, 381.003, 381.005, 381.0056, 381.0302,
27 391.055, 393.0657, 394.4572, 394.495, 394.498,
28 395.602, 395.605, 397.405, 397.451, 397.951,
29 402.22, 402.302, 402.3057, 409.145, 409.1757,
30 409.2598, 409.9071, 409.908, 409.9122, 411.01,
31 411.203, 411.223, 414.1251, 440.16, 445.04,
4
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1 445.0121, 445.024, 447.203, 447.301, 447.403,
2 450.081, 450.121, 458.3145, 458.324, 459.0125,
3 468.1115, 468.607, 468.723, 471.0035, 476.114,
4 476.144, 476.178, 477.0132, 477.019, 477.0201,
5 477.023, 480.033, 481.229, 488.01, 553.415,
6 559.902, 589.09, 627.733, 627.742, 627.912,
7 633.445, 633.50, 732.402, 784.081, 817.566,
8 817.567, 877.18, 921.187, 943.10, 943.22,
9 944.801, 948.03, 984.03, 984.05, 984.151,
10 984.19, 985.03, 985.04, 985.316, and 985.412,
11 F.S.; conforming provisions and cross
12 references; providing purpose of this act;
13 authorizing activities relating to the
14 reorganization of the Department of Education
15 and implementation of changes to the state
16 system of education; repealing s. 187.201(1),
17 F.S., relating to the education goals and
18 policies of the State Comprehensive Plan;
19 repealing s. 2 of ch. 2000-181, Laws of
20 Florida, relating to the repeal of s. 236.081,
21 F.S., effective June 30, 2004; repealing part I
22 of ch. 243, F.S., relating to the educational
23 institutions law, and ch. 228, 229, 230, 231,
24 232, 233, 234, 235, 236, 237, 239, 240, 241,
25 242, 244, and 246, F.S., relating to public
26 education general provisions, functions of
27 state educational agencies, the district school
28 system, personnel of the school system,
29 compulsory school attendance and child welfare,
30 courses of study and instructional aids,
31 transportation of school children, educational
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1 facilities, finance and taxation of schools,
2 financial accounts and expenditures for public
3 schools, vocational, adult, and community
4 education, postsecondary education, distance
5 learning, specialized state educational
6 institutions, educational compacts, and
7 nonpublic postsecondary institutions; providing
8 duties of the Division of Statutory Revision;
9 providing for review of ch. 1000-1013, F.S.,
10 during the 2003 Regular Session; providing for
11 severability; providing effective dates.
12
13 WHEREAS, Representative Jerry G. Melvin has served in
14 the Florida House of Representatives for 18 years, from
15 1968-1978 and 1995-2002, and is the current Dean of this great
16 institution, and
17 WHEREAS, Representative Jerry G. Melvin served for many
18 years on the Education Appropriations Committee, chaired the
19 Education Innovation Committee from 1997 through 2000, and has
20 chaired the Council for Lifelong Learning from 2000 through
21 2002, and
22 WHEREAS, in his many years of education chairmanship,
23 Representative Jerry G. Melvin has fought tirelessly to
24 achieve the public policy goals of the House leadership, and
25 WHEREAS, in his final year of service to this House,
26 Representative Jerry G. Melvin has accomplished his crowning
27 achievement by bringing before this body, as required in last
28 year's education governance legislation, a new, clear, concise
29 revision of the entire education code that reflects the new
30 governance structure, and
31
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1 WHEREAS, this new education code is the largest, most
2 comprehensive piece of legislation ever brought before this
3 Legislature and epitomizes the dedication and hard work of
4 Representative Jerry G. Melvin, NOW, THEREFORE,
5
6 Be It Enacted by the Legislature of the State of Florida:
7
8 Section 1. Chapter 1000, Florida Statutes, shall be
9 entitled "K-20 General Provisions" and shall consist of ss.
10 1000.01-1000.21.
11 Section 2. Part I of chapter 1000, Florida Statutes,
12 shall be entitled "General Provisions" and shall consist of
13 ss. 1000.01-1000.06.
14 Section 3. Section 1000.01, Florida Statutes, is
15 created to read:
16 1000.01 The Florida K-20 Education System; technical
17 provisions.--
18 (1) NAME.--Chapters 1000 through 1013 shall be known
19 and cited as the "Florida K-20 Education Code."
20 (2) LIBERAL CONSTRUCTION.--The provisions of the
21 Florida K-20 Education Code shall be liberally construed to
22 the end that its objectives may be effected. It is the
23 legislative intent that if any section, subsection, sentence,
24 clause, or provision of the Florida K-20 Education Code is
25 held invalid, the remainder of the code shall not be affected.
26 (3) PURPOSE.--The purpose of the Florida K-20
27 Education Code is to provide by law for a state system of
28 schools, courses, classes, and educational institutions and
29 services adequate to allow, for all Florida's students, the
30 opportunity to obtain a high quality education. The Florida
31 K-20 education system is established to accomplish this
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1 purpose; however, nothing in this code shall be construed to
2 require the provision of free public education beyond grade
3 12.
4 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS
5 INCLUDED.--As required by s. 1, Art. IX of the State
6 Constitution, the Florida K-20 education system shall include
7 the uniform system of free public K-12 schools. These public
8 K-12 schools shall provide 13 consecutive years of
9 instruction, beginning with kindergarten, and shall also
10 provide such instruction for students with disabilities,
11 gifted students, limited English proficient students, and
12 students in Department of Juvenile Justice programs as may be
13 required by law. The funds for support and maintenance of the
14 uniform system of free public K-12 schools shall be derived
15 from state, district, federal, and other lawful sources or
16 combinations of sources, including any fees charged
17 nonresidents as provided by law.
18 (5) EDUCATION GOVERNANCE TRANSFERS.--
19 (a) Effective July 1, 2001:
20 1. The Board of Regents is abolished.
21 2. All of the powers, duties, functions, records,
22 personnel, and property; unexpended balances of
23 appropriations, allocations, and other funds; administrative
24 authority; administrative rules; pending issues; and existing
25 contracts of the Board of Regents are transferred by a type
26 two transfer, pursuant to s. 20.06(2), to the Florida Board of
27 Education.
28 3. The State Board of Community Colleges is abolished.
29 4. All of the powers, duties, functions, records,
30 personnel, and property; unexpended balances of
31 appropriations, allocations, and other funds; administrative
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1 authority; administrative rules; pending issues; and existing
2 contracts of the State Board of Community Colleges are
3 transferred by a type two transfer, pursuant to s. 20.06(2),
4 from the Department of Education to the Florida Board of
5 Education.
6 5. The Postsecondary Education Planning Commission is
7 abolished.
8 6. The Council for Education Policy Research and
9 Improvement is created as an independent office under the
10 Office of Legislative Services.
11 7. All personnel, unexpended balances of
12 appropriations, and allocations of the Postsecondary Education
13 Planning Commission are transferred to the Council for
14 Education Policy Research and Improvement.
15 8. The Articulation Coordinating Committee and the
16 Education Standards Commission are transferred by a type two
17 transfer, pursuant to s. 20.06(2), from the Department of
18 Education to the Florida Board of Education.
19 (b) Effective January 7, 2003:
20 1. The Florida Board of Education is renamed the State
21 Board of Education.
22 2. The Secretary of the Florida Board of Education is
23 renamed the Commissioner of Education.
24 (c) All rules of the State Board of Education, the
25 Commissioner of Education, and the Department of Education,
26 and all rules of the district school boards, the community
27 college boards of trustees, and the state university boards of
28 trustees, in effect on January 2, 2003, remain in effect until
29 specifically amended or repealed in the manner provided by
30 law.
31 (d) Effective January 7, 2003:
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1 1. The administrative rules of the Department of
2 Education and the Commissioner of Education shall become the
3 rules of the State Board of Education.
4 2. The administrative rules of the State Board of
5 Education shall become the rules of the appointed State Board
6 of Education.
7 (e) All administrative rules of the State Board of
8 Education, the Commissioner of Education, and the Department
9 of Education are transferred by a type two transfer, as
10 defined in s. 20.06(2), Florida Statutes, to the appointed
11 State Board of Education.
12 (f) This act creating the Florida K-20 Education Code
13 shall not affect the validity of any judicial or
14 administrative action involving the Department of Education,
15 pending on January 7, 2003. This act shall not affect the
16 validity of any judicial or administrative action involving
17 the Commissioner of Education or the State Board of Education,
18 pending on January 7, 2003, and the appointed State Board of
19 Education shall be substituted as a party of interest in any
20 such action.
21 Section 4. Section 1000.02, Florida Statutes, is
22 created to read:
23 1000.02 Policy and guiding principles for the Florida
24 K-20 education system.--
25 (1) It is the policy of the Legislature:
26 (a) To achieve within existing resources a seamless
27 academic educational system that fosters an integrated
28 continuum of kindergarten through graduate school education
29 for Florida's students.
30
31
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1 (b) To promote enhanced academic success and funding
2 efficiency of educational delivery systems by aligning
3 responsibility with accountability.
4 (c) To provide consistent education policy across all
5 educational delivery systems, focusing on students.
6 (d) To provide substantially improved articulation
7 across all educational delivery systems.
8 (e) To provide for the decentralization of authority
9 to the schools, community colleges, universities, and other
10 education institutions that deliver educational services to
11 the public.
12 (f) To ensure that independent education institutions
13 and home education programs maintain their independence,
14 autonomy, and nongovernmental status.
15 (2) The guiding principles for Florida's K-20
16 education system are:
17 (a) A coordinated, seamless system for kindergarten
18 through graduate school education.
19 (b) A system that is student-centered in every facet.
20 (c) A system that maximizes education access and
21 allows the opportunity for a high quality education for all
22 Floridians.
23 (d) A system that safeguards equity and supports
24 academic excellence.
25 (e) A system that provides for local operational
26 flexibility while promoting accountability for student
27 achievement and improvement.
28 Section 5. Section 1000.03, Florida Statutes, is
29 created to read:
30 1000.03 Function, mission, and goals of the Florida
31 K-20 education system.--
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1 (1) Florida's K-20 education system shall be a
2 decentralized system without excess layers of bureaucracy. The
3 State Board of Education may appoint on an ad hoc basis a
4 committee or committees to assist it on any and all issues
5 within the K-20 education system. Florida's K-20 education
6 system shall maintain a systemwide technology plan based on a
7 common set of data definitions.
8 (2)(a) The Legislature shall establish education
9 policy, enact education laws, and appropriate and allocate
10 education resources.
11 (b) The State Board of Education shall oversee the
12 enforcement of all laws and rules, and the timely provision of
13 direction, resources, assistance, intervention when needed,
14 and strong incentives and disincentives to force
15 accountability for results.
16 (c) The Commissioner of Education shall serve as chief
17 executive officer of the K-20 education system. The
18 commissioner shall be responsible for enforcing compliance
19 with the mission and goals of the K-20 education system. The
20 commissioner's office shall operate all statewide functions
21 necessary to support the State Board of Education and the K-20
22 education system.
23 (3) Public education is a cooperative function of the
24 state and local educational authorities. The state retains
25 responsibility for establishing a system of public education
26 through laws, standards, and rules to assure efficient
27 operation of a K-20 system of public education and adequate
28 educational opportunities for all individuals. Local
29 educational authorities have a duty to fully and faithfully
30 comply with state laws, standards, and rules and to
31
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1 efficiently use the resources available to them to assist the
2 state in allowing adequate educational opportunities.
3 (4) The mission of Florida's K-20 education system is
4 to allow its students to increase their proficiency by
5 allowing them the opportunity to expand their knowledge and
6 skills through adequate learning opportunities, in accordance
7 with the mission statement and accountability requirements of
8 s. 1008.31.
9 (5) The priorities of Florida's K-20 education system
10 include:
11 (a) Learning and completion at all levels, including
12 increased high school graduation rate and readiness for
13 postsecondary education without remediation.--All students
14 demonstrate increased learning and completion at all levels,
15 graduate from high school, and are prepared to enter
16 postsecondary education without remediation.
17 (b) Student performance.--Students demonstrate that
18 they meet the expected academic standards consistently at all
19 levels of their education.
20 (c) Alignment of standards and resources.--Academic
21 standards for every level of the K-20 education system are
22 aligned, and education financial resources are aligned with
23 student performance expectations at each level of the K-20
24 education system.
25 (d) Educational leadership.--The quality of
26 educational leadership at all levels of K-20 education is
27 improved.
28 (e) Workforce education.--Workforce education is
29 appropriately aligned with the skills required by the new
30 global economy.
31
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1 (f) Parental, student, family, educational
2 institution, and community involvement.--Parents, students,
3 families, educational institutions, and communities are
4 collaborative partners in education, and each plays an
5 important role in the success of individual students.
6 Therefore, the State of Florida cannot be the guarantor of
7 each individual student's success. The goals of Florida's K-20
8 education system are not guarantees that each individual
9 student will succeed or that each individual school will
10 perform at the level indicated in the goals.
11 Section 6. Section 1000.04, Florida Statutes, is
12 created to read:
13 1000.04 Components for the delivery of public
14 education within the Florida K-20 education system.--Florida's
15 K-20 education system provides for the delivery of public
16 education through publicly supported and controlled K-12
17 schools, community colleges, state universities and other
18 postsecondary educational institutions, other educational
19 institutions, and other educational services as provided or
20 authorized by the Constitution and laws of the state.
21 (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools
22 include charter schools and consist of kindergarten classes;
23 elementary, middle, and high school grades and special
24 classes; workforce development education; area technical
25 centers; adult, part-time, career and technical, and evening
26 schools, courses, or classes, as authorized by law to be
27 operated under the control of district school boards; and lab
28 schools operated under the control of state universities.
29 (2) PUBLIC POSTSECONDARY EDUCATIONAL
30 INSTITUTIONS.--Public postsecondary educational institutions
31 include workforce development education; community colleges;
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1 colleges; state universities; and all other state-supported
2 postsecondary educational institutions that are authorized and
3 established by law.
4 (3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.--The
5 Florida School for the Deaf and the Blind is a component of
6 the delivery of public education within Florida's K-20
7 education system.
8 (4) THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual
9 School is a component of the delivery of public education
10 within Florida's K-20 education system.
11 Section 7. Section 1000.05, Florida Statutes, is
12 created to read:
13 1000.05 Discrimination against students and employees
14 in the Florida K-20 public education system prohibited;
15 equality of access required.--
16 (1) This section may be cited as the "Florida
17 Educational Equity Act."
18 (2)(a) Discrimination on the basis of race, ethnicity,
19 national origin, gender, disability, or marital status against
20 a student or an employee in the state system of public K-20
21 education is prohibited. No person in this state shall, on the
22 basis of race, ethnicity, national origin, gender, disability,
23 or marital status, be excluded from participation in, be
24 denied the benefits of, or be subjected to discrimination
25 under any public K-20 education program or activity, or in any
26 employment conditions or practices, conducted by a public
27 educational institution that receives or benefits from federal
28 or state financial assistance.
29 (b) The criteria for admission to a program or course
30 shall not have the effect of restricting access by persons of
31
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1 a particular race, ethnicity, national origin, gender,
2 disability, or marital status.
3 (c) All public K-20 education classes shall be
4 available to all students without regard to race, ethnicity,
5 national origin, gender, disability, or marital status;
6 however, this is not intended to eliminate the provision of
7 programs designed to meet the needs of students with limited
8 proficiency in English, gifted students, or students with
9 disabilities or programs tailored to students with specialized
10 talents or skills.
11 (d) Students may be separated by gender for any
12 portion of a class that deals with human reproduction or
13 during participation in bodily contact sports. For the
14 purpose of this section, bodily contact sports include
15 wrestling, boxing, rugby, ice hockey, football, basketball,
16 and other sports in which the purpose or major activity
17 involves bodily contact.
18 (e) Guidance services, counseling services, and
19 financial assistance services in the state public K-20
20 education system shall be available to students equally.
21 Guidance and counseling services, materials, and promotional
22 events shall stress access to academic, career and technical
23 opportunities for students without regard to race, ethnicity,
24 national origin, gender, disability, or marital status.
25 (3)(a) No person shall, on the basis of gender, be
26 excluded from participating in, be denied the benefits of, or
27 be treated differently from another person or otherwise be
28 discriminated against in any interscholastic, intercollegiate,
29 club, or intramural athletics offered by a public K-20
30 educational institution; and no public K-20 educational
31 institution shall provide athletics separately on such basis.
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1 (b) Notwithstanding the requirements of paragraph (a),
2 a public K-20 educational institution may operate or sponsor
3 separate teams for members of each gender if the selection for
4 such teams is based upon competitive skill or the activity
5 involved is a bodily contact sport. However, when a public
6 K-20 educational institution operates or sponsors a team in a
7 particular sport for members of one gender but does not
8 operate or sponsor such a team for members of the other
9 gender, and athletic opportunities for that gender have
10 previously been limited, members of the excluded gender must
11 be allowed to try out for the team offered.
12 (c) This subsection does not prohibit the grouping of
13 students in physical education classes and activities by
14 ability as assessed by objective standards of individual
15 performance developed and applied without regard to gender.
16 However, when use of a single standard of measuring skill or
17 progress in a physical education class has an adverse effect
18 on members of one gender, the educational institution shall
19 use appropriate standards which do not have such effect.
20 (d) A public K-20 educational institution which
21 operates or sponsors interscholastic, intercollegiate, club,
22 or intramural athletics shall provide equal athletic
23 opportunity for members of both genders. In determining
24 whether equal opportunities are available, the Commissioner of
25 Education shall consider, among other factors:
26 1. Whether the selection of sports and levels of
27 competition effectively accommodate the interests and
28 abilities of members of both genders.
29 2. The provision of equipment and supplies.
30 3. Scheduling of games and practice times.
31 4. Travel and per diem allowances.
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1 5. Opportunities to receive coaching and academic
2 tutoring.
3 6. Assignment and compensation of coaches and tutors.
4 7. Provision of locker room, practice, and competitive
5 facilities.
6 8. Provision of medical and training facilities and
7 services.
8 9. Provision of housing and dining facilities and
9 services.
10 10. Publicity.
11
12 Unequal aggregate expenditures for members of each gender or
13 unequal expenditures for male and female teams if a public
14 K-20 educational institution operates or sponsors separate
15 teams do not constitute nonimplementation of this subsection,
16 but the Commissioner of Education shall consider the failure
17 to provide necessary funds for teams for one gender in
18 assessing equality of opportunity for members of each gender.
19 (e) A public K-20 educational institution may provide
20 separate toilet, locker room, and shower facilities on the
21 basis of gender, but such facilities shall be comparable to
22 such facilities provided for students of the other gender.
23 (4) Educational institutions within the state public
24 K-20 education system shall develop and implement methods and
25 strategies to increase the participation of students of a
26 particular race, ethnicity, national origin, gender,
27 disability, or marital status in programs and courses in which
28 students of that particular race, ethnicity, national origin,
29 gender, disability, or marital status have been traditionally
30 underrepresented, including, but not limited to, mathematics,
31
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1 science, computer technology, electronics, communications
2 technology, engineering, and career and technical education.
3 (5) The State Board of Education shall adopt rules to
4 implement this section.
5 (6) The functions of the Office of Equal Educational
6 Opportunity of the Department of Education shall include, but
7 are not limited to:
8 (a) Requiring all district school boards, community
9 college boards of trustees, and state university boards of
10 trustees to develop and submit plans for the implementation of
11 this section to the Department of Education.
12 (b) Conducting periodic reviews of public K-20
13 educational agencies to determine compliance with this section
14 and, after a finding that an educational agency is not in
15 compliance with this section, notifying the agency of the
16 steps that it must take to attain compliance and performing
17 followup monitoring.
18 (c) Providing technical assistance, including
19 assisting public K-20 educational agencies in identifying
20 unlawful discrimination and instructing them in remedies for
21 correction and prevention of such discrimination and
22 performing followup monitoring.
23 (d) Conducting studies of the effectiveness of methods
24 and strategies designed to increase the participation of
25 students in programs and courses in which students of a
26 particular race, ethnicity, national origin, gender,
27 disability, or marital status have been traditionally
28 underrepresented and monitoring the success of students in
29 such programs or courses, including performing followup
30 monitoring.
31
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1 (e) Requiring all district school boards, community
2 college boards of trustees, and state university boards of
3 trustees to submit data and information necessary to determine
4 compliance with this section. The Commissioner of Education
5 shall prescribe the format and the date for submission of such
6 data and any other educational equity data. If any board does
7 not submit the required compliance data or other required
8 educational equity data by the prescribed date, the
9 commissioner shall notify the board of this fact and, if the
10 board does not take appropriate action to immediately submit
11 the required report, the State Board of Education shall impose
12 monetary sanctions.
13 (f) Based upon rules of the State Board of Education,
14 developing and implementing enforcement mechanisms with
15 appropriate penalties to ensure that public K-12 schools,
16 community colleges, and state universities comply with Title
17 IX of the Education Amendments of 1972 and subsection (3) of
18 this section. However, the State Board of Education may not
19 force an educational agency to conduct, nor penalize an
20 educational agency for not conducting, a program of athletic
21 activity or athletic scholarship for female athletes unless it
22 is an athletic activity approved for women by a recognized
23 association whose purpose is to promote athletics and a
24 conference or league exists to promote interscholastic or
25 intercollegiate competition for women in that athletic
26 activity.
27 (g) Reporting to the Commissioner of Education any
28 district school board, community college board of trustees, or
29 state university board of trustees found to be out of
30 compliance with rules of the State Board of Education adopted
31
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1 as required by paragraph (f) or paragraph (3)(d). To penalize
2 the board, the State Board of Education shall:
3 1. Declare the educational agency ineligible for
4 competitive state grants.
5 2. Notwithstanding the provisions of s. 216.192,
6 direct the Comptroller to withhold general revenue funds
7 sufficient to obtain compliance from the educational agency.
8
9 The educational agency shall remain ineligible and the funds
10 shall not be paid until the agency comes into compliance or
11 the State Board of Education approves a plan for compliance.
12 (7) A person aggrieved by a violation of this section
13 or a violation of a rule adopted under this section has a
14 right of action for such equitable relief as the court may
15 determine. The court may also award reasonable attorney's
16 fees and court costs to a prevailing party.
17 Section 8. Section 1000.06, Florida Statutes, is
18 created to read:
19 1000.06 Display of flags.--Every public K-20
20 educational institution that is provided or authorized by the
21 Constitution and laws of Florida shall display daily the flag
22 of the United States and the official flag of Florida when the
23 weather permits upon one building or on a suitable flagstaff
24 upon the grounds of each public postsecondary educational
25 institution and upon every district school board building or
26 grounds except when the institution or school is closed for
27 vacation, provided that, if two or more buildings are located
28 on the same or on adjacent sites, one flag may be displayed
29 for the entire group of buildings.
30
31
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1 Section 9. Part II of chapter 1000, Florida Statutes,
2 shall be entitled "Systemwide Definitions" and shall consist
3 of s. 1000.21.
4 Section 10. Section 1000.21, Florida Statutes, is
5 created to read:
6 1000.21 Systemwide definitions.--As used in the
7 Florida K-20 Education Code:
8 (1) "Articulation" is the systematic coordination that
9 provides the means by which students proceed toward their
10 educational objectives in as rapid and student-friendly manner
11 as their circumstances permit, from grade level to grade
12 level, from elementary to middle to high school, to and
13 through postsecondary education, and when transferring from
14 one educational institution or program to another.
15 (2) "Commissioner" is the Commissioner of Education.
16 (3) "Community college," except as otherwise
17 specifically provided, includes the following institutions and
18 any branch campuses, centers, or other affiliates of the
19 institution:
20 (a) Brevard Community College.
21 (b) Broward Community College.
22 (c) Central Florida Community College.
23 (d) Chipola Junior College.
24 (e) Daytona Beach Community College.
25 (f) Edison Community College.
26 (g) Florida Community College at Jacksonville.
27 (h) Florida Keys Community College.
28 (i) Gulf Coast Community College.
29 (j) Hillsborough Community College.
30 (k) Indian River Community College.
31 (l) Lake City Community College.
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1 (m) Lake-Sumter Community College.
2 (n) Manatee Community College.
3 (o) Miami-Dade Community College.
4 (p) North Florida Community College.
5 (q) Okaloosa-Walton Community College.
6 (r) Palm Beach Community College.
7 (s) Pasco-Hernando Community College.
8 (t) Pensacola Junior College.
9 (u) Polk Community College.
10 (v) St. Johns River Community College.
11 (w) St. Petersburg College.
12 (x) Santa Fe Community College.
13 (y) Seminole Community College.
14 (z) South Florida Community College.
15 (aa) Tallahassee Community College.
16 (bb) Valencia Community College.
17 (4) "Department" is the Department of Education.
18 (5) "Parent" is either or both parents of a student,
19 any guardian of a student, any person in a parental
20 relationship to a student, or any person exercising
21 supervisory authority over a student in place of the parent.
22 (6) "State university," except as otherwise
23 specifically provided, includes the following institutions and
24 any branch campuses, centers, or other affiliates of the
25 institution:
26 (a) The University of Florida.
27 (b) The Florida State University.
28 (c) The Florida Agricultural and Mechanical
29 University.
30 (d) The University of South Florida.
31 (e) The Florida Atlantic University.
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1 (f) The University of West Florida.
2 (g) The University of Central Florida.
3 (h) The University of North Florida.
4 (i) The Florida International University.
5 (j) The Florida Gulf Coast University.
6 (k) New College of Florida.
7 (7) "Sunshine State Standards" are standards that
8 identify what public school students should know and be able
9 to do. These standards delineate the academic achievement of
10 students for which the state will hold its public schools
11 accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects
12 of language arts, mathematics, science, social studies, the
13 arts, health and physical education, foreign languages,
14 reading, writing, history, government, geography, economics,
15 and computer literacy.
16 Section 11. Part III of chapter 1000, Florida
17 Statutes, shall be entitled "Educational Compacts" and shall
18 consist of ss. 1000.31-1000.34.
19 Section 12. Section 1000.31, Florida Statutes, is
20 created to read:
21 1000.31 Regional education; state policy.--It is
22 hereby declared to be the policy of the state to promote the
23 development and maintenance of regional education services and
24 facilities in the Southern States in the professional,
25 technological, scientific, literary and other fields so as to
26 provide greater educational advantages for the citizens of the
27 state and the citizens in the several states in said region;
28 and it is found and determined by the Legislature of the state
29 that greater educational advantages and facilities for the
30 citizens of the state in certain phases of the professional,
31 technological, scientific, literary and other fields in
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1 education can best be accomplished by the development and
2 maintenance of regional educational services and facilities,
3 under the plan embodied in "The Regional Pact" hereinafter
4 adopted; and this law shall be liberally construed to
5 accomplish such purposes.
6 Section 13. Section 1000.32, Florida Statutes, is
7 created to read:
8 1000.32 Regional compact.--The compact entered into by
9 the state and other Southern States by and through their
10 respective governors on February 8, 1948, as amended, relative
11 to the development and maintenance of regional education
12 services and schools in the Southern States in the
13 professional, technological, scientific, literary and other
14 fields so as to promote greater educational facilities for the
15 citizens of the several states who reside in said region, a
16 copy of said compact, as amended, being as follows:
17
18 THE REGIONAL COMPACT
19 (as amended)
20
21 WHEREAS, The States who are parties hereto have during
22 the past several years conducted careful investigation looking
23 toward the establishment and maintenance of jointly owned and
24 operated regional educational institutions in the Southern
25 States in the professional, technological, scientific,
26 literary, and other fields, so as to provide greater
27 educational advantages and facilities for the citizens of the
28 several states who reside within such region; and
29 WHEREAS, Meharry Medical College of Nashville,
30 Tennessee, has proposed that its lands, buildings, equipment,
31 and the net income from its endowment be turned over to the
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1 Southern States, or to an agency acting in their behalf, to be
2 operated as a regional institution for medical, dental and
3 nursing education upon terms and conditions to be hereafter
4 agreed upon between the Southern States and Meharry Medical
5 College, which proposal, because of the present financial
6 condition of the institution, has been approved by the said
7 states who are parties hereto; and
8 WHEREAS, the said states desire to enter into a compact
9 with each other providing for the planning and establishment
10 of regional educational facilities;
11 NOW, THEREFORE, in consideration of the mutual
12 agreements, covenants and obligations assumed by the
13 respective states who are parties hereto (hereinafter referred
14 to as "states"), the said several states do hereby form a
15 geographical district or region consisting of the areas lying
16 within the boundaries of the contracting states which, for the
17 purposes of this compact, shall constitute an area for
18 regional education supported by public funds derived from
19 taxation by the constituent states and derived from other
20 sources for the establishment, acquisition, operation and
21 maintenance of regional educational schools and institutions
22 for the benefit of citizens of the respective states residing
23 within the region so established as may be determined from
24 time to time in accordance with the terms and provisions of
25 this compact.
26 The states do further hereby establish and create a
27 joint agency which shall be known as the Board of Control for
28 Southern Regional Education (hereinafter referred to as the
29 "board"), the members of which board shall consist of the
30 governor of each state, ex officio, and four additional
31 citizens of each state to be appointed by the governor
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1 thereof, at least one of whom shall be selected from the field
2 of education, and at least one of whom shall be a member of
3 the legislature of that state. The governor shall continue as
4 a member of the board during his or her tenure of office as
5 governor of the state, but the members of the board appointed
6 by the governor shall hold office for a period of four years
7 except that in the original appointments one board member so
8 appointed by the governor shall be designated at the time of
9 his or her appointment to serve an initial term of two years,
10 one board member to serve an initial term of three years, and
11 the remaining board member to serve the full term of four
12 years, but thereafter the successor of each appointed board
13 member shall serve the full term of four years. Vacancies on
14 the board caused by death, resignation, refusal or inability
15 to serve, shall be filled by appointment by the governor for
16 the unexpired portion of the term. The officers of the board
17 shall be a chair, a vice chair, a secretary, a treasurer, and
18 such additional officers as may be created by the board from
19 time to time. The board shall meet annually and officers
20 shall be elected to hold office until the next annual meeting.
21 The board shall have the right to formulate and establish
22 bylaws not inconsistent with the provisions of this compact to
23 govern its own actions in the performance of the duties
24 delegated to it including the right to create and appoint an
25 executive committee and a finance committee with such powers
26 and authority as the board may delegate to them from time to
27 time. The board may, within its discretion, elect as its
28 chair a person who is not a member of the board, provided such
29 person resides within a signatory state, and upon such
30 election such person shall become a member of the board with
31 all the rights and privileges of such membership. This
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1 paragraph as amended in 1957 shall be effective when eight or
2 more of the states party to the compact have given legislative
3 approval to the amendment.
4 It shall be the duty of the board to submit plans and
5 recommendations to the states from time to time for their
6 approval and adoption by appropriate legislative action for
7 the development, establishment, acquisition, operation and
8 maintenance of educational schools and institutions within the
9 geographical limits of the regional area of the states, of
10 such character and type and for such educational purposes,
11 professional, technological, scientific, literary, or
12 otherwise, as they may deem and determine to be proper,
13 necessary or advisable. Title to all such educational
14 institutions when so established by appropriate legislative
15 actions of the states and to all properties and facilities
16 used in connection therewith shall be vested in said board as
17 the agency of and for the use and benefit of the said states
18 and the citizens thereof, and all such educational
19 institutions shall be operated, maintained and financed in the
20 manner herein set out, subject to any provisions or
21 limitations which may be contained in the legislative acts of
22 the states authorizing the creation, establishment and
23 operation of such educational institutions.
24 In addition to the power and authority heretofore
25 granted, the board shall have the power to enter into such
26 agreements or arrangements with any of the states and with
27 educational institutions or agencies, as may be required in
28 the judgment of the board, to provide adequate services and
29 facilities for the graduate, professional, and technical
30 education for the benefit of the citizens of the respective
31 states residing within the region, and such additional and
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1 general power and authority as may be vested in the board from
2 time to time by legislative enactment of the said states.
3 Any two or more states who are parties of this compact
4 shall have the right to enter into supplemental agreements
5 providing for the establishment, financing and operation of
6 regional educational institutions for the benefit of citizens
7 residing within an area which constitutes a portion of the
8 general region herein created, such institutions to be
9 financed exclusively by such states and to be controlled
10 exclusively by the members of the board representing such
11 states provided such agreement is submitted to and approved by
12 the board prior to the establishment of such institutions.
13 Each state agrees that, when authorized by the
14 legislature, it will from time to time make available and pay
15 over to said board such funds as may be required for the
16 establishment, acquisition, operation and maintenance of such
17 regional educational institutions as may be authorized by the
18 states under the terms of this compact, the contribution of
19 each state at all times to be in the proportion that its
20 population bears to the total combined population of the
21 states who are parties hereto as shown from time to time by
22 the most recent official published report of the bureau of the
23 census of the United States of America; or upon such other
24 basis as may be agreed upon.
25 This compact shall not take effect or be binding upon
26 any state unless and until it shall be approved by proper
27 legislative action of as many as six or more of the states
28 whose governors have subscribed hereto within a period of
29 eighteen months from the date hereof. When and if six or more
30 states shall have given legislative approval to this compact
31 within said eighteen months period, it shall be and become
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1 binding upon such six or more states sixty days after the date
2 of legislative approval by the sixth state and the governors
3 of such six or more states shall forthwith name the members of
4 the board from their states as hereinabove set out, and the
5 board shall then meet on call of the governor of any state
6 approving this compact, at which time the board shall elect
7 officers, adopt bylaws, appoint committees and otherwise fully
8 organize. Other states whose names are subscribed hereto
9 shall thereafter become parties hereto upon approval of this
10 compact by legislative action within two years from the date
11 hereof, upon such conditions as may be agreed upon at the
12 time. Provided, however, that with respect to any state whose
13 constitution may require amendment in order to permit
14 legislative approval of the compact, such state or states
15 shall become parties hereto upon approval of this compact by
16 legislative action within seven years from the date hereof,
17 upon such conditions as may be agreed upon at the time.
18 After becoming effective this compact shall thereafter
19 continue without limitation of time; provided, however, that
20 it may be terminated at any time by unanimous action of the
21 states and provided further that any state may withdraw from
22 this compact if such withdrawal is approved by its
23 legislature, such withdrawal to become effective two years
24 after written notice thereof to the board accompanied by a
25 certified copy of the requisite legislative action, but such
26 withdrawal shall not relieve the withdrawing state from its
27 obligations hereunder accruing up to the effective date of
28 such withdrawal. Any state so withdrawing shall ipso facto
29 cease to have any claim to or ownership of any of the property
30 held or vested in the board or to any of the funds of the
31 board held under the terms of this compact.
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1 If any state shall at any time become in default in the
2 performance of any of its obligations assumed herein or with
3 respect to any obligation imposed upon said state as
4 authorized by and in compliance with the terms and provisions
5 of this compact, all rights, privileges and benefits of such
6 defaulting state, its members on the board and its citizens
7 shall ipso facto be and become suspended from and after the
8 date of such default. Unless such default shall be remedied
9 and made good within a period of one year immediately
10 following the date of such default this compact may be
11 terminated with respect to such defaulting state by an
12 affirmative vote of three-fourths of the members of the board
13 (exclusive of the members representing the state in default),
14 from and after which time such state shall cease to be a party
15 to this compact and shall have no further claim to or
16 ownership of any of the property held by or vested in the
17 board or to any of the funds of the board held under the terms
18 of this compact, but such termination shall in no manner
19 release such defaulting state from any accrued obligation or
20 otherwise affect this compact or the rights, duties,
21 privileges or obligations of the remaining states thereunder.
22 IN WITNESS WHEREOF this compact has been approved and
23 signed by governors of the several states, subject to the
24 approval of their respective legislatures in the manner
25 hereinabove set out, as of the 8th day of February, 1948.
26 STATE OF FLORIDA BY Millard F. Caldwell, Governor.
27 STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor. STATE
28 OF GEORGIA BY M. E. Thompson, Governor. STATE OF LOUISIANA
29 BY J. H. Davis, Governor. STATE OF ALABAMA BY James E.
30 Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,
31 Governor. STATE OF TENNESSEE BY Jim McCord, Governor. STATE
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1 OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA
2 BY Wm. M. Tuck, Governor. STATE OF NORTH CAROLINA BY R. Gregg
3 Cherry, Governor. STATE OF SOUTH CAROLINA BY J. Strom
4 Thurmond, Governor. STATE OF TEXAS BY Beauford H. Jester,
5 Governor. STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE
6 OF WEST VIRGINIA BY Clarence W. Meadows, Governor.
7
8 be and the same is hereby approved and the State of Florida is
9 hereby declared to be a party to said compact and the
10 agreements, covenants and obligations contained therein are
11 hereby declared to be binding upon the State of Florida.
12 Section 14. Section 1000.33, Florida Statutes, is
13 created to read:
14 1000.33 Copies to other states approving.--After the
15 effective date of this law the Secretary of State of Florida
16 shall furnish to each of the states approving the said compact
17 an engrossed copy of this bill.
18 Section 15. Section 1000.34, Florida Statutes, is
19 created to read:
20 1000.34 Member jurisdictions.--The compact for
21 education is entered into with all jurisdictions legally
22 joining therein and enacted into law in the following form:
23
24 COMPACT FOR EDUCATION
25
26 ARTICLE I
27
28 PURPOSE AND POLICY.--
29 A. It is the purpose of this compact to:
30 1. Establish and maintain close cooperation and
31 understanding among executive, legislative, professional
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1 educational and lay leadership on a nationwide basis at the
2 state and local levels.
3 2. Provide a forum for the discussion, development,
4 crystallization and recommendation of public policy
5 alternatives in the field of education.
6 3. Provide a clearinghouse of information on matters
7 relating to educational problems and how they are being met in
8 different places throughout the nation, so that the executive
9 and legislative branches of state government and of local
10 communities may have ready access to the experience and record
11 of the entire country, and so that both lay and professional
12 groups in the field of education may have additional avenues
13 for the sharing of experience and the interchange of ideas in
14 the formation of public policy in education.
15 4. Facilitate the improvement of state and local
16 educational systems so that all of them will be able to meet
17 adequate and desirable goals in a society which requires
18 continuous qualitative and quantitative advance in educational
19 opportunities, methods and facilities.
20 B. It is the policy of this compact to encourage and
21 promote local and state initiative in the development,
22 maintenance, improvement and administration of educational
23 systems and institutions in a manner which will accord with
24 the needs and advantages of diversity among localities and
25 states.
26 C. The party states recognize that each of them has an
27 interest in the quality and quantity of education furnished in
28 each of the other states, as well as in the excellence of its
29 own educational systems and institutions, because of the
30 highly mobile character of individuals within the nation, and
31 because the products and services contributing to the health,
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1 welfare and economic advancement of each state are supplied in
2 significant part by persons educated in other states.
3
4 ARTICLE II
5
6 STATE DEFINED.--
7 As used in this compact, "state" means a state,
8 territory, or possession of the United States, the District of
9 Columbia, or the Commonwealth of Puerto Rico.
10
11 ARTICLE III
12
13 THE COMMISSION.--
14 A. The Education Commission of the States, hereinafter
15 called "the commission," is hereby established. The
16 commission shall consist of seven members representing each
17 party state. One of such members representing Florida shall
18 be the governor; two shall be members of the state senate
19 appointed by the president; two shall be members of the house
20 of representatives appointed by the speaker; and two shall be
21 appointed by and serve at the pleasure of the governor. The
22 guiding principle for the composition of the membership on the
23 commission shall be that the members, by virtue of their
24 training, experience, knowledge or affiliations be in a
25 position collectively to reflect broadly the interests of the
26 state government, higher education, the state education
27 system, local education, lay and professional, public and
28 nonpublic educational leadership. Of those appointees, one
29 shall be the head of a state agency or institution, designated
30 by the governor, having responsibility for one or more
31 programs of public education. In addition to the members of
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1 the commission representing the party states, there may be not
2 to exceed ten nonvoting commissioners selected by the steering
3 committee for terms of one year. Such commissioners shall
4 represent leading national organizations of professional
5 educators or persons concerned with educational
6 administration.
7 B. The members of the commission shall be entitled to
8 one vote each on the commission. No action of the commission
9 shall be binding unless taken at a meeting at which a majority
10 of the total number of votes on the commission are cast in
11 favor thereof. Action of the commission shall be only at a
12 meeting at which a majority of the commissioners are present.
13 The commission shall meet at least once a year. In its
14 bylaws, and subject to such directions and limitations as may
15 be contained therein, the commission may delegate the exercise
16 of any of its powers to the steering committee or the
17 executive director, except for the power to approve budgets or
18 requests for appropriations, the power to make policy
19 recommendations pursuant to Article IV and adoption of the
20 annual report pursuant to Article III, J.
21 C. The commission shall have a seal.
22 D. The commission shall elect annually, from among its
23 members, a chair, who shall be a governor, a vice chair and a
24 treasurer. The commission shall provide for the appointment
25 of an executive director. Such executive director shall serve
26 at the pleasure of the commission, and, together with the
27 treasurer and such other personnel as the commission may deem
28 appropriate, shall be bonded in such amount as the commission
29 shall determine. The executive director shall be secretary.
30 E. Irrespective of the civil service, personnel or
31 other merit system laws of any of the party states, the
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1 executive director, subject to the approval of the steering
2 committee, shall appoint, remove or discharge such personnel
3 as may be necessary for the performance of the functions of
4 the commission, and shall fix the duties and compensation of
5 such personnel. The commission in its bylaws shall provide
6 for the personnel policies and programs of the commission.
7 F. The commission may borrow, accept or contract for
8 the services of personnel from any party jurisdiction, the
9 United States, or any subdivision or agency of the
10 aforementioned governments, or from any agency of two or more
11 of the party jurisdictions or their subdivisions.
12 G. The commission may accept for any of its purposes
13 and functions under this compact any and all donations and
14 grants of money, equipment, supplies, materials and services,
15 conditional or otherwise, from any state, the United States,
16 or any other governmental agency, or from any person, firm,
17 association, foundation, or corporation, and may receive,
18 utilize and dispose of the same. Any donation or grant
19 accepted by the commission pursuant to this paragraph or
20 services borrowed pursuant to paragraph F of this Article
21 shall be reported in the annual report of the commission.
22 Such report shall include the nature, amount and conditions,
23 if any, of the donation, grant, or services borrowed, and the
24 identity of the donor or lender.
25 H. The commission may establish and maintain such
26 facilities as may be necessary for the transacting of its
27 business. The commission may acquire, hold, and convey real
28 and personal property and any interest therein.
29 I. The commission shall adopt bylaws for the conduct
30 of its business and shall have the power to amend and rescind
31 these bylaws. The commission shall publish its bylaws in
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1 convenient form and shall file a copy thereof and a copy of
2 any amendment thereto, with the appropriate agency or officer
3 in each of the party states.
4 J. The commission annually shall make to the governor
5 and legislature of each party state a report covering the
6 activities of the commission for the preceding year. The
7 commission may make such additional reports as it may deem
8 desirable.
9
10 ARTICLE IV
11
12 POWERS.--
13 In addition to authority conferred on the commission by
14 other provisions of the compact, the commission shall have
15 authority to:
16 1. Collect, correlate, analyze and interpret
17 information and data concerning educational needs and
18 resources.
19 2. Encourage and foster research in all aspects of
20 education, but with special reference to the desirable scope
21 of instruction, organization, administration, and
22 instructional methods and standards employed or suitable for
23 employment in public educational systems.
24 3. Develop proposals for adequate financing of
25 education as a whole and at each of its many levels.
26 4. Conduct or participate in research of the types
27 referred to in this article in any instance where the
28 commission finds that such research is necessary for the
29 advancement of the purposes and policies of this compact,
30 utilizing fully the resources of national associations,
31
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1 regional compact organizations for higher education, and other
2 agencies and institutions, both public and private.
3 5. Formulate suggested policies and plans for the
4 improvement of public education as a whole, or for any segment
5 thereof, and make recommendations with respect thereto
6 available to the appropriate governmental units, agencies and
7 public officials.
8 6. Do such other things as may be necessary or
9 incidental to the administration of any of its authority or
10 functions pursuant to this compact.
11
12 ARTICLE V
13
14 COOPERATION WITH FEDERAL GOVERNMENT.--
15 A. If the laws of the United States specifically so
16 provide, or if administrative provision is made therefor
17 within the federal government, the United States may be
18 represented on the commission by not to exceed ten
19 representatives. Any such representative or representatives
20 of the United States shall be appointed and serve in such
21 manner as may be provided by or pursuant to federal law, and
22 may be drawn from any one or more branches of the federal
23 government, but no such representative shall have a vote on
24 the commission.
25 B. The commission may provide information and make
26 recommendations to any executive or legislative agency or
27 officer of the federal government concerning the common
28 educational policies of the states, and may advise with any
29 such agencies or officers concerning any matter of mutual
30 interest.
31
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1 ARTICLE VI
2
3 COMMITTEES.--
4 A. To assist in the expeditious conduct of its
5 business when the full commission is not meeting, the
6 commission shall elect a steering committee of thirty-two
7 members which, subject to the provisions of this compact and
8 consistent with the policies of the commission, shall be
9 constituted and function as provided in the bylaws of the
10 commission. One-fourth of the voting membership of the
11 steering committee shall consist of governors, one-fourth
12 shall consist of legislators, and the remainder shall consist
13 of other members of the commission. A federal representative
14 on the commission may serve with the steering committee, but
15 without vote. The voting members of the steering committee
16 shall serve for terms of two years, except that members
17 elected to the first steering committee of the commission
18 shall be elected as follows: sixteen for one year and sixteen
19 for two years. The chair, vice chair, and treasurer of the
20 commission shall be members of the steering committee and,
21 anything in this paragraph to the contrary notwithstanding,
22 shall serve during their continuance in these offices.
23 Vacancies in the steering committee shall not affect its
24 authority to act, but the commission at its next regularly
25 ensuing meeting following the occurrence of any vacancy shall
26 fill it for the unexpired term. No person shall serve more
27 than two terms as a member of the steering committee; provided
28 that service for a partial term of one year or less shall not
29 be counted toward the two term limitations.
30 B. The commission may establish advisory and technical
31 committees composed of state, local, and federal officials,
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1 and private persons to advise it with respect to any one or
2 more of its functions. Any advisory or technical committee
3 may, on request of the states concerned, be established to
4 consider any matter of special concern to two or more of the
5 party states.
6 C. The commission may establish such additional
7 committees as its bylaws may provide.
8
9 ARTICLE VII
10
11 FINANCE.--
12 A. The commission shall advise the governor or
13 designated officer or officers of each party state of its
14 budget and estimated expenditures for such period as may be
15 required by the laws of that party state. Each of the
16 commission's budgets of estimated expenditures shall contain
17 specific recommendations of the amount or amounts to be
18 appropriated by each of the party states.
19 B. The total amount of appropriation requests under
20 any budget shall be apportioned among the party states. In
21 making such apportionment, the commission shall devise and
22 employ a formula which takes equitable account of the
23 populations and per capita income levels of the party states.
24 C. The commission shall not pledge the credit of any
25 party states. The commission may meet any of its obligations
26 in whole or in part with funds available to it pursuant to
27 Article III, G of this compact, provided that the commission
28 takes specific action setting aside such funds prior to
29 incurring an obligation to be met in whole or in part in such
30 manner. Except where the commission makes use of funds
31 available to it pursuant to Article III, G thereof, the
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1 commission shall not incur any obligation prior to the
2 allotment of funds by the party states adequate to meet the
3 same.
4 D. The commission shall keep accurate accounts of all
5 receipts and disbursements. The receipts and disbursements of
6 the commission shall be subject to the audit and accounting
7 procedures established by its bylaws. However, all receipts
8 and disbursements of funds handled by the commission shall be
9 audited yearly by a qualified public accountant, and the
10 report of the audit shall be included in and become part of
11 the annual reports of the commission.
12 E. The accounts of the commission shall be open at any
13 reasonable time for inspection by duly constituted officers of
14 the party states and by any persons authorized by the
15 commission.
16 F. Nothing contained herein shall be construed to
17 prevent commission compliance with laws relating to audit or
18 inspection of accounts by or on behalf of any government
19 contributing to the support of the commission.
20
21 ARTICLE VIII
22
23 ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--
24 A. This compact shall have as eligible parties all
25 states, territories, and possessions of the United States, the
26 District of Columbia, and the Commonwealth of Puerto Rico. In
27 respect of any such jurisdiction not having a governor, the
28 term "governor," as used in this compact, shall mean the
29 closest equivalent official of such jurisdiction.
30 B. Any state or other eligible jurisdiction may enter
31 into this compact and it shall become binding thereon when it
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1 has adopted the same; provided that in order to enter into
2 initial effect, adoption by at least ten eligible party
3 jurisdictions shall be required.
4 C. Adoption of the compact may be either by enactment
5 thereof or by adherence thereto by the governor; provided that
6 in the absence of enactment, adherence by the governor shall
7 be sufficient to make his or her state a party only until
8 December 31, 1967. During any period when a state is
9 participating in this compact through gubernatorial action,
10 the governor shall appoint those persons who, in addition to
11 himself or herself, shall serve as the members of the
12 commission from his or her state, and shall provide to the
13 commission an equitable share of the financial support of the
14 commission from any source available to him or her.
15 D. Except for a withdrawal effective on December 31,
16 1967, in accordance with paragraph C of this article, any
17 party state may withdraw from this compact by enacting a
18 statute repealing the same, but no such withdrawal shall take
19 effect until one year after the governor of the withdrawing
20 state has given notice in writing of the withdrawal to the
21 governors of all other party states. No withdrawal shall
22 affect any liability already incurred by or chargeable to a
23 party state prior to the time of such withdrawal.
24
25 ARTICLE IX
26
27 CONSTRUCTION AND SEVERABILITY.--
28 This compact shall be liberally construed so as to
29 effectuate the purposes thereof. The provisions of this
30 compact shall be severable, and if any phrase, clause,
31 sentence or provision of this compact is declared to be
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1 contrary to the constitution of any state or of the United
2 States, or the application thereof to any government, agency,
3 person or circumstance is held invalid, the validity of the
4 remainder of this compact and the applicability thereof to any
5 government, agency, person or circumstance shall not be
6 affected thereby. If this compact shall be held contrary to
7 the constitution of any state participating therein, the
8 compact shall remain in full force and effect as to the state
9 affected as to all severable matters.
10 Section 16. Chapter 1001, Florida Statutes, shall be
11 entitled "K-20 Governance" and shall consist of ss.
12 1001.01-1001.75.
13 Section 17. Part I of chapter 1001, Florida Statutes,
14 shall be entitled "State-Level Governance" and shall consist
15 of ss. 1001.01-1001.28.
16 Section 18. Part I.a. of chapter 1001, Florida
17 Statutes, shall be entitled "State Board of Education" and
18 shall consist of ss. 1001.01-1001.03.
19 Section 19. Section 1001.01, Florida Statutes, is
20 created to read:
21 1001.01 State Board of Education generally.--
22 (1) The State Board of Education is established as a
23 body corporate. The state board shall be a citizen board
24 consisting of seven members who are residents of the state
25 appointed by the Governor to staggered 4-year terms, subject
26 to confirmation by the Senate. Members of the state board
27 shall serve without compensation but shall be entitled to
28 reimbursement of travel and per diem expenses in accordance
29 with s. 112.061. Members may be reappointed by the Governor
30 for additional terms not to exceed 8 years of consecutive
31 service.
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1 (2) The State Board of Education shall select a chair
2 and a vice chair from its appointed members. The chair shall
3 serve a 2-year term and may be reselected for one additional
4 consecutive term.
5 (3) Four members of the State Board of Education shall
6 constitute a quorum. No business may be transacted at any
7 meeting unless a quorum is present.
8 Section 20. Section 1001.02, Florida Statutes, is
9 created to read:
10 1001.02 General powers of State Board of Education.--
11 (1) The State Board of Education is the chief
12 implementing and coordinating body of public education in
13 Florida, and it shall focus on high-level policy decisions. It
14 has authority to adopt rules pursuant to ss. 120.536(1) and
15 120.54 to implement the provisions of law conferring duties
16 upon it for the improvement of the state system of K-20 public
17 education. Except as otherwise provided herein, it may, as it
18 finds appropriate, delegate its general powers to the
19 Commissioner of Education or the directors of the divisions of
20 the department.
21 (2) The State Board of Education has the following
22 duties:
23 (a) To adopt comprehensive educational objectives for
24 public education.
25 (b) To adopt comprehensive long-range plans and
26 short-range programs for the development of the state system
27 of public education.
28 (c) To exercise general supervision over the divisions
29 of the Department of Education as necessary to ensure
30 coordination of educational plans and programs and resolve
31 controversies and to minimize problems of articulation and
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1 student transfers, to ensure that students moving from one
2 level of education to the next have acquired competencies
3 necessary for satisfactory performance at that level, and to
4 ensure maximum utilization of facilities.
5 (d) To adopt for state universities and community
6 colleges, and from time to time modify, minimum and uniform
7 standards of college-level communication and computation
8 skills generally associated with successful performance and
9 progression through the baccalaureate level and to identify
10 college-preparatory high school coursework and
11 postsecondary-level coursework that prepares students with the
12 academic skills necessary to succeed in postsecondary
13 education.
14 (e) To adopt and submit to the Governor and
15 Legislature, on or before September 1 of each year, a
16 coordinated K-20 education budget that estimates the
17 expenditure requirements for the State Board of Education,
18 including the Department of Education, the Commissioner of
19 Education, and all of the boards, institutions, agencies, and
20 services under the general supervision of the State Board of
21 Education for the ensuing fiscal year. Any program recommended
22 by the State Board of Education which will require increases
23 in state funding for more than 1 year must be presented in a
24 multiyear budget plan.
25 (f) To hold meetings, transact business, keep records,
26 adopt a seal, and perform such other duties as may be
27 necessary for the enforcement of all laws and rules relating
28 to the state system of public education.
29 (g) To approve plans for cooperating with the Federal
30 Government.
31
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1 (h) To approve plans for cooperating with other public
2 agencies in the development of rules and in the enforcement of
3 laws for which the state board and such agencies are jointly
4 responsible.
5 (i) To review plans for cooperating with appropriate
6 nonpublic agencies for the improvement of conditions relating
7 to the welfare of schools.
8 (j) To create such subordinate advisory bodies as are
9 required by law or as it finds necessary for the improvement
10 of education.
11 (k) To constitute any education bodies or other
12 structures as required by federal law.
13 (l) To assist in the economic development of the state
14 by developing a state-level planning process to identify
15 future training needs for industry, especially high-technology
16 industry.
17 (m) To assist in the planning and economic development
18 of the state by establishing a clearinghouse for information
19 on educational programs of value to economic development.
20 (n) To adopt cohesive rules pursuant to ss. 120.536(1)
21 and 120.54, within statutory authority, for education
22 systemwide issues.
23 (o) To authorize the allocation of resources in
24 accordance with law and rule.
25 (p) To contract with independent institutions
26 accredited by an agency whose standards are comparable to the
27 minimum standards required to operate a postsecondary
28 educational institution at that level in the state. The
29 purpose of the contract is to provide those educational
30 programs and facilities which will meet needs unfulfilled by
31 the state system of public postsecondary education.
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1 (q) To recommend that a district school board take
2 action consistent with the state board's decision relating to
3 an appeal of a charter school application.
4 (r) To enforce systemwide education goals and
5 policies.
6 (s) To establish a detailed procedure for the
7 implementation and operation of a systemwide K-20 technology
8 plan that is based on a common set of data definitions.
9 (t) To establish accountability standards for existing
10 legislative performance goals, standards, and measures, and
11 order the development of mechanisms to implement new
12 legislative goals, standards, and measures.
13 (u) To adopt criteria and implementation plans for
14 future growth issues, such as new colleges and universities
15 and campus mergers, and to provide for cooperative agreements
16 between and within public and private education sectors.
17 (v) To develop, and periodically review for
18 adjustment, a coordinated 5-year plan for postsecondary
19 enrollment and annually submit the plan to the Legislature.
20 (w) To approve a new program at the professional level
21 or doctoral level, if:
22 1. The university has taken into account the need and
23 demand for the program, the university's mission, and similar
24 program offerings by public and nonpublic counterparts.
25 2. The addition of the program will not alter the
26 university's emphasis on undergraduate education.
27 (x) To review, and approve or disapprove, degree
28 programs identified as unique pursuant to s. 1007.25.
29 (y) To recommend to the Legislature a plan for
30 implementing block tuition programs and providing other
31 incentives to encourage students to graduate within 4 years.
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1 (3) The State Board of Education shall adopt rules to
2 establish the criteria for assigning, reviewing, and removing
3 limited-access status to an educational program. The State
4 Board of Education shall monitor the extent of limited-access
5 programs within the state universities and report to the
6 Legislature admissions and enrollment data for limited-access
7 programs. Such report shall be submitted annually by December
8 1 and shall assist in determining the potential need for
9 academic program contracts with independent institutions
10 pursuant to paragraph (2)(p). The report must specify, for
11 each limited-access program within each institution, the
12 following categories, by race and gender:
13 (a) The number of applicants.
14 (b) The number of applicants granted admission.
15 (c) The number of applicants who are granted admission
16 and enroll.
17 (d) The number of applicants denied admission.
18 (e) The number of applicants neither granted admission
19 nor denied admission.
20
21 Each category must be reported for each term. Each category
22 must be reported by type of student, including the following
23 subcategories: native students, community college associate in
24 arts degree transfer students, and other students. Each
25 category and subcategory must further be reported according to
26 the number of students who meet or exceed the minimum
27 eligibility requirements for admission to the program and the
28 number of students who do not meet or exceed the minimum
29 eligibility requirements for admission to the program.
30 (4) The State Board of Education shall review, and
31 approve or disapprove, baccalaureate-degree programs that
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1 exceed 120 semester hours, after considering accreditation
2 requirements, employment and earnings of graduates,
3 comparative program lengths nationally, and comparisons with
4 similar programs offered by independent institutions. By
5 December 31 of each year, the State Board of Education must
6 report to the Legislature any degrees in the state
7 universities that require more than 120 hours, along with
8 appropriate evidence of need. At least every 5 years, the
9 State Board of Education must determine whether the programs
10 still require more than the standard length of 120 hours.
11 (5)(a) The State Board of Education shall adopt a
12 systemwide strategic plan that specifies goals and objectives
13 for the state universities and community colleges. In
14 developing this plan, the State Board of Education shall
15 consider the role of individual public and independent
16 institutions within the state. The plan shall provide for the
17 roles of the universities and community colleges to be
18 coordinated to best meet state needs and reflect
19 cost-effective use of state resources. The strategic plan must
20 clarify mission statements and identify degree programs to be
21 offered at each university and community college in accordance
22 with the objectives provided in this subsection. The
23 systemwide strategic plan must cover a period of 5 years, with
24 modification of the program lists after 2 years. Development
25 of each 5-year plan must be coordinated with and initiated
26 after completion of the master plan. The systemwide and
27 university and community college strategic plans must
28 specifically include programs and procedures for responding to
29 the educational needs of teachers and students in the public
30 schools of this state. The state board shall submit a report
31
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1 to the President of the Senate and the Speaker of the House of
2 Representatives upon modification of the system plan.
3 (b) The State Board of Education shall develop
4 long-range plans and annual reports for financial aid in this
5 state. The long-range plans shall establish goals and
6 objectives for a comprehensive program of financial aid for
7 Florida students and shall be updated every 5 years. The
8 annual report shall include an assessment of progress made in
9 achieving goals and objectives established in the long-range
10 plans and recommendations for repealing or modifying existing
11 financial aid programs or establishing new programs. A
12 long-range plan shall be submitted by January 1, 2004, and
13 every 5 years thereafter. An annual report shall be submitted
14 on January 1, 2004, and in each successive year that a
15 long-range plan is not submitted, to the President of the
16 Senate and the Speaker of the House of Representatives.
17 (6) The State Board of Education shall coordinate the
18 programs with the Council for Education Policy Research and
19 Improvement, including doctoral programs. The programs shall
20 be reviewed every 5 years or whenever the state board
21 determines that the effectiveness or efficiency of a program
22 is jeopardized. The State Board of Education shall define the
23 indicators of quality and the criteria for program review for
24 every program. Such indicators include need, student demand,
25 industry-driven competencies for advanced technology and
26 related programs, and resources available to support
27 continuation. The results of the program reviews must be tied
28 to the university and community college budget requests.
29 (7) The State Board of Education shall:
30
31
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1 (a) Provide for each community college to offer
2 educational training and service programs designed to meet the
3 needs of both students and the communities served.
4 (b) Specify, by rule, procedures to be used by the
5 boards of trustees in the annual evaluations of presidents and
6 review the evaluations of presidents by the boards of
7 trustees.
8 (c) Establish an effective information system that
9 will provide composite data concerning the community colleges
10 and state universities and ensure that special analyses and
11 studies concerning the institutions are conducted, as
12 necessary, for provision of accurate and cost-effective
13 information concerning the institutions.
14 (d) Establish criteria for making recommendations for
15 modifying district boundary lines for community colleges.
16 (e) Establish criteria for making recommendations
17 concerning all proposals for the establishment of additional
18 centers or campuses for community colleges and state
19 universities.
20 (f) Examine the annual administrative review of each
21 community college and state university.
22 (g) Specify, by rule, the degree program courses that
23 may be taken by students concurrently enrolled in
24 college-preparatory instruction.
25 (h) Adopt and submit to the Legislature a 3-year list
26 of priorities for fixed-capital-outlay projects.
27 (8) The State Board of Education is responsible for
28 reviewing and administering the state program of support for
29 the community colleges and, subject to existing law, shall
30 establish the tuition and out-of-state fees for
31 college-preparatory instruction and for credit instruction
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1 that may be counted toward an associate in arts degree, an
2 associate in applied science degree, or an associate in
3 science degree.
4 (9) The State Board of Education shall prescribe
5 minimum standards, definitions, and guidelines for community
6 colleges and state universities that will ensure the quality
7 of education, coordination among the community colleges and
8 state universities, and efficient progress toward
9 accomplishing the community college and state university
10 mission. At a minimum, these rules must address:
11 (a) Personnel.
12 (b) Contracting.
13 (c) Program offerings and classification, including
14 college-level communication and computation skills associated
15 with successful performance in college and with tests and
16 other assessment procedures that measure student achievement
17 of those skills. The performance measures must provide that
18 students moving from one level of education to the next
19 acquire the necessary competencies for that level.
20 (d) Provisions for curriculum development, graduation
21 requirements, college calendars, and program service areas.
22 These provisions must include rules that:
23 1. Provide for the award of an associate in arts
24 degree to a student who successfully completes 60 semester
25 credit hours at the community college.
26 2. Require all of the credits accepted for the
27 associate in arts degree to be in the statewide course
28 numbering system as credits towards a baccalaureate degree
29 offered by a state university.
30 3. Require no more than 36 semester credit hours in
31 general education courses in the subject areas of
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1 communication, mathematics, social sciences, humanities, and
2 natural sciences.
3
4 The rules should encourage community colleges to enter into
5 agreements with state universities that allow community
6 college students to complete upper-division-level courses at a
7 community college. An agreement may provide for concurrent
8 enrollment at the community college and the state university
9 and may authorize the community college to offer an
10 upper-division-level course or distance learning.
11 (e) Student admissions, conduct and discipline,
12 nonclassroom activities, and fees.
13 (f) Budgeting.
14 (g) Business and financial matters.
15 (h) Student services.
16 (i) Reports, surveys, and information systems,
17 including forms and dates of submission.
18 Section 21. Section 1001.03, Florida Statutes, is
19 created to read:
20 1001.03 Specific powers of State Board of Education.--
21 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
22 State Board of Education shall approve the student performance
23 standards known as the Sunshine State Standards in key
24 academic subject areas and grade levels.
25 (2) DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF
26 EDUCATION.--The State Board of Education shall govern issues
27 relating to use of property, facilities, and personal services
28 between the Department of Education and its direct-support
29 organization and shall certify that the organization operates
30 at all times in a manner consistent with the goals and best
31 interest of the department, pursuant to s. 1001.24.
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1 (3) PROFESSIONAL CERTIFICATES.--The State Board of
2 Education shall classify school services, designate the
3 certification subject areas, establish competencies, including
4 the use of technology to enhance student learning, and
5 certification requirements for all school-based personnel, and
6 prescribe rules in accordance with which the professional,
7 temporary, and part-time certificates shall be issued by the
8 Department of Education to applicants who meet the standards
9 prescribed by such rules for their class of service, as
10 described in chapter 1012.
11 (4) PROFESSIONAL TEACHER ASSOCIATIONS.--The State
12 Board of Education shall ensure that not-for-profit,
13 professional teacher associations that offer membership to all
14 teachers, noninstructional personnel, and administrators, and
15 that offer teacher training and staff development at no fee to
16 the district, shall be given equal access to voluntary teacher
17 meetings, be provided access to teacher mailboxes for
18 distribution of professional literature, and be authorized to
19 collect voluntary membership fees through payroll deduction.
20 (5) IDENTIFICATION OF CRITICAL TEACHER SHORTAGE
21 AREAS.--The State Board of Education shall identify critical
22 teacher shortage areas pursuant to s. 1012.07.
23 (6) CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX
24 ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of
25 Education shall issue bonds and approve resolutions regarding
26 the expenditure of funds for capital projects and purposes
27 pursuant to the State Constitution and other applicable law.
28 (7) ARTICULATION ACCOUNTABILITY.--The State Board of
29 Education shall develop articulation accountability measures
30 that assess the status of systemwide articulation processes,
31
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1 and shall establish an articulation accountability process in
2 accordance with the provisions of chapter 1008.
3 (8) SYSTEMWIDE ENFORCEMENT.--The State Board of
4 Education shall enforce compliance with law and state board
5 rule by all school districts and public postsecondary
6 educational institutions, in accordance with the provisions of
7 s. 1008.32.
8 (9) MANAGEMENT INFORMATION DATABASES.--The State Board
9 of Education shall continue to collect and maintain, at a
10 minimum, the management information databases for state
11 universities, and all other components of the public K-20
12 education system as such databases existed on June 30, 2002.
13 (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
14 EDUCATION.--The State Board of Education shall develop and
15 implement a common placement test to assess the basic
16 computation and communication skills of students who intend to
17 enter a degree program at any community college or state
18 university.
19 (11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
20 EDUCATION.--The State Board of Education shall adopt minimum
21 standards relating to nonpublic postsecondary education and
22 institutions, in accordance with the provisions of chapter
23 1005.
24 (12) COMMON POSTSECONDARY DEFINITIONS.--The State
25 Board of Education shall adopt, by rule, common definitions
26 for associate in science degrees and for certificates.
27 (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
28 PROGRAMS.--The State Board of Education shall provide for the
29 cyclic review of all academic programs in community colleges
30 and state universities at least every 7 years. Program reviews
31 shall document how individual academic programs are achieving
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1 stated student learning and program objectives within the
2 context of the institution's mission. The results of the
3 program reviews shall inform strategic planning, program
4 development, and budgeting decisions at the institutional
5 level.
6 (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
7 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
8 Education shall recommend to the Legislature by February 1,
9 2003, a uniform classification system for school district
10 administrative and management personnel that will facilitate
11 the uniform coding of administrative and management personnel
12 to total district employees.
13 Section 22. Part I.b. of chapter 1001, Florida
14 Statutes, shall be entitled "Commissioner of Education" and
15 shall consist of ss. 1001.10-1001.11.
16 Section 23. Section 1001.10, Florida Statutes, is
17 created to read:
18 1001.10 Commissioner of Education; general powers and
19 duties.--The Commissioner of Education is the chief
20 educational officer of the state, and is responsible for
21 giving full assistance to the State Board of Education in
22 enforcing compliance with the mission and goals of the
23 seamless K-20 education system. To facilitate innovative
24 practices and to allow local selection of educational methods,
25 the State Board of Education may authorize the commissioner to
26 waive, upon the request of a district school board, State
27 Board of Education rules that relate to district school
28 instruction and school operations, except those rules
29 pertaining to civil rights, and student health, safety, and
30 welfare. The Commissioner of Education is not authorized to
31 grant waivers for any provisions in rule pertaining to the
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1 allocation and appropriation of state and local funds for
2 public education; the election, compensation, and organization
3 of school board members and superintendents; graduation and
4 state accountability standards; financial reporting
5 requirements; reporting of out-of-field teaching assignments
6 under s. 1012.42; public meetings; public records; or due
7 process hearings governed by chapter 120. No later than
8 January 1 of each year, the commissioner shall report to the
9 Legislature and the State Board of Education all approved
10 waiver requests in the preceding year. Additionally, the
11 commissioner has the following general powers and duties:
12 (1) To appoint staff necessary to carry out his or her
13 powers and duties.
14 (2) To advise and counsel with the State Board of
15 Education on all matters pertaining to education; to recommend
16 to the State Board of Education actions and policies as, in
17 the commissioner's opinion, should be acted upon or adopted;
18 and to execute or provide for the execution of all acts and
19 policies as are approved.
20 (3) To keep such records as are necessary to set forth
21 clearly all acts and proceedings of the State Board of
22 Education.
23 (4) To have a seal for his or her office with which,
24 in connection with his or her own signature, the commissioner
25 shall authenticate true copies of decisions, acts, or
26 documents.
27 (5) To recommend to the State Board of Education
28 policies and steps designed to protect and preserve the
29 principal of the State School Fund; to provide an assured and
30 stable income from the fund; to execute such policies and
31
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1 actions as are approved; and to administer the State School
2 Fund.
3 (6) To take action on the release of mineral rights
4 based upon the recommendations of the Board of Trustees of the
5 Internal Improvement Trust Fund.
6 (7) To submit to the State Board of Education, on or
7 before August 1 of each year, recommendations for a
8 coordinated K-20 education budget that estimates the
9 expenditures for the State Board of Education, including the
10 Department of Education, the Commissioner of Education, and
11 all of the boards, institutions, agencies, and services under
12 the general supervision of the State Board of Education for
13 the ensuing fiscal year. Any program recommended to the State
14 Board of Education that will require increases in state
15 funding for more than 1 year must be presented in a multiyear
16 budget plan.
17 (8) To develop and implement a plan for cooperating
18 with the Federal Government in carrying out any or all phases
19 of the educational program and to recommend policies for
20 administering funds that are appropriated by Congress and
21 apportioned to the state for any or all educational purposes.
22 (9) To develop and implement policies for cooperating
23 with other public agencies in carrying out those phases of the
24 program in which such cooperation is required by law or is
25 deemed by the commissioner to be desirable and to cooperate
26 with public and nonpublic agencies in planning and bringing
27 about improvements in the educational program.
28 (10) To prepare forms and procedures as are necessary
29 to be used by district school boards and all other educational
30 agencies to assure uniformity, accuracy, and efficiency in the
31 keeping of records, the execution of contracts, the
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1 preparation of budgets, or the submission of reports; and to
2 furnish at state expense, when deemed advisable by the
3 commissioner, those forms that can more economically and
4 efficiently be provided.
5 (11) To implement a program of school improvement and
6 education accountability designed to provide all students the
7 opportunity to make adequate learning gains in each year of
8 school as provided by statute and State Board of Education
9 rule based upon the achievement of the state education goals,
10 recognizing the following:
11 (a) The State Board of Education is the body corporate
12 responsible for the supervision of the system of public
13 education.
14 (b) The district school board is responsible for
15 school and student performance.
16 (c) The individual school is the unit for education
17 accountability.
18 (d) The community college board of trustees is
19 responsible for community college performance and student
20 performance.
21 (e) The university board of trustees is responsible
22 for university performance and student performance.
23 (12) To establish a Citizen Information Center
24 responsible for the preparation, publication, and distribution
25 of materials relating to the state system of seamless K-20
26 public education.
27 (13) To prepare and publish annually reports giving
28 statistics and other useful information pertaining to the
29 Opportunity Scholarship Program.
30
31
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1 (14) To have printed or electronic copies of school
2 laws, forms, instruments, instructions, and rules of the State
3 Board of Education and provide for their distribution.
4 (15) To develop criteria for use by state
5 instructional materials committees in evaluating materials
6 submitted for adoption consideration. The criteria shall, as
7 appropriate, be based on instructional expectations reflected
8 in curriculum frameworks and student performance standards.
9 The criteria for each subject or course shall be made
10 available to publishers of instructional materials pursuant to
11 the requirements of chapter 1006.
12 (16) To prescribe procedures for evaluating
13 instructional materials submitted by publishers and
14 manufacturers in each adoption.
15
16 The commissioner's office shall operate all statewide
17 functions necessary to support the State Board of Education
18 and the K-20 education system, including strategic planning
19 and budget development, general administration, and assessment
20 and accountability.
21 Section 24. Section 1001.11, Florida Statutes, is
22 created to read:
23 1001.11 Commissioner of Education; other duties.--
24 (1) The Commissioner of Education must independently
25 perform the following duties:
26 (a) Cooperate with and coordinate responses to
27 requests from the members of the Legislature.
28 (b) Serve as the primary source of information to the
29 Legislature, including the President of the Senate and the
30 Speaker of the House of Representatives, concerning the State
31 Board of Education and the K-20 education system.
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1 (c) Develop and implement a process for receiving and
2 processing requests, in conjunction with the Legislature, for
3 the allocation of PECO funds for qualified postsecondary
4 education projects.
5 (d) Integrally work with the boards of trustees of the
6 state universities and community colleges.
7 (e) Monitor the activities of the State Board of
8 Education and provide information related to current and
9 pending policies to the members of the boards of trustees of
10 the community colleges and state universities.
11 (f) Ensure the timely provision of information
12 requested by the Legislature from the State Board of
13 Education, the commissioner's office, and the Department of
14 Education.
15 (2)(a) The Commissioner of Education shall recommend
16 to the State Board of Education performance goals addressing
17 the educational needs of the state for the K-20 education
18 system. The Council for Education Policy Research and
19 Improvement, as an independent entity, shall develop a report
20 card assigning grades to indicate Florida's progress toward
21 meeting those goals. The annual report card shall contain
22 information showing Florida's performance relative to other
23 states on selected measures, as well as Florida's ability to
24 meet the need for postsecondary degrees and programs and how
25 well the Legislature has provided resources to meet this need.
26 The information shall include the results of the National
27 Assessment of Educational Progress or a similar national
28 assessment program administered to students in Florida. By
29 January 1 of each year, the Council for Education Policy
30 Research and Improvement shall submit the report card to the
31 Legislature, the Governor, and the public.
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1 (b) Prior to the regular legislative session, the
2 Commissioner of Education shall present to the Legislature a
3 plan for correcting any deficiencies identified in the report
4 card.
5 (3) Notwithstanding any other provision of law to the
6 contrary, the Commissioner of Education, in conjunction with
7 the Legislature, must recommend funding priorities for the
8 distribution of capital outlay funds for public postsecondary
9 educational institutions, based on priorities that include,
10 but are not limited to, the following criteria:
11 (a) Growth at the institutions.
12 (b) Need for specific skills statewide.
13 (c) Need for maintaining and repairing existing
14 facilities.
15 (4) The commissioner shall develop and implement an
16 integrated K-20 information system for educational management
17 in accordance with the requirements of chapter 1008.
18 (5) The commissioner shall design and implement a
19 statewide program of educational assessment that provides
20 information for the improvement of the operation and
21 management of the public schools, including schools operating
22 for the purpose of providing educational services to youth in
23 Department of Juvenile Justice programs, in accordance with
24 the requirements of chapter 1008.
25 (6) The commissioner is responsible for implementing
26 and maintaining a system of intensive school improvement and
27 stringent education accountability, in accordance with the
28 requirements of chapter 1008.
29 Section 25. Part I.c. of chapter 1001, Florida
30 Statutes, shall be entitled "Department of Education" and
31 shall consist of ss. 1001.20-1001.28.
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1 Section 26. Section 1001.20, Florida Statutes, is
2 created to read:
3 1001.20 Department under direction of state board.--
4 (1) The Department of Education shall be organized
5 consistently with the requirements of s. 20.15, and shall act
6 as an administrative and supervisory agency under the
7 implementation direction of the State Board of Education.
8 (2) The department is to be located in the offices of
9 the Commissioner of Education and shall assist in providing
10 professional leadership and guidance and in carrying out the
11 policies, procedures, and duties authorized by law or by the
12 State Board of Education or found necessary by it to attain
13 the purposes and objectives of this code.
14 (3) The Department of Education shall maintain an
15 Office of the Commissioner of Education that includes the
16 general areas of operation that are common to all delivery
17 sectors, such as administration, communication, legal
18 services, financial aid, and government and public relations,
19 in order to increase efficiency, improve service delivery to
20 students, and fully support the operational needs of the State
21 Board of Education.
22 (4) The Department of Education shall establish the
23 following offices within the Office of the Commissioner of
24 Education which shall coordinate their activities with all
25 other divisions and offices:
26 (a) Office of Technology and Information
27 Services.--Responsible for developing a systemwide technology
28 plan, making budget recommendations to the commissioner,
29 providing data collection and management for the system, and
30 coordinating services with other state, local, and private
31 agencies. The office shall develop a method to address the
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1 need for a statewide approach to planning and operations of
2 library and information services to achieve a single K-20
3 education system library information portal and a unified
4 higher education library management system. The Florida
5 Virtual School shall be administratively housed within the
6 office.
7 (b) Office of Workforce and Economic
8 Development.--Responsible for evaluating the role of each
9 sector of education in Florida's workforce and economic
10 development, assessing the specific work skills and variety of
11 careers provided, and reporting to the State Board of
12 Education the effectiveness of each sector.
13 (c) Office of Educational Facilities and SMART Schools
14 Clearinghouse.--Responsible for validating all educational
15 plant surveys and verifying Florida Inventory of School Houses
16 (FISH) data. The office shall provide technical assistance to
17 public school districts when requested.
18 (d) Office of Student Financial
19 Assistance.--Responsible for providing access to and
20 administering state and federal grants, scholarships, and
21 loans to those students seeking financial assistance for
22 postsecondary study pursuant to program criteria and
23 eligibility requirements.
24 (e) Office of Inspector General.--Organized using
25 existing resources and funds and responsible for promoting
26 accountability, efficiency, and effectiveness and detecting
27 fraud and abuse within school districts, community colleges,
28 and state universities in Florida. If the Commissioner of
29 Education determines that a district school board or public
30 postsecondary educational institution board is unwilling or
31 unable to address substantiated allegations made by any person
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1 relating to waste, fraud, or financial mismanagement, the
2 office shall conduct, coordinate, or request investigations
3 into substantiated allegations made by any person relating to
4 waste, fraud, or financial mismanagement within school
5 districts, community colleges, and state universities in
6 Florida. The office shall have access to all information and
7 personnel necessary to perform its duties and shall have all
8 of its current powers, duties, and responsibilities authorized
9 in s. 20.055.
10 Section 27. Section 1001.21, Florida Statutes, is
11 created to read:
12 1001.21 Office of Private Schools and Home Education
13 Programs.--The state recognizes the contributions of private
14 schools and home education programs in providing alternatives
15 to public school education. These nongovernmental educational
16 systems serve the public, but are not considered to be a part
17 of the public system of education.
18 (1) The Office of Private Schools and Home Education
19 Programs is established within the Department of Education.
20 The Department of Education and the Commissioner of Education
21 have no authority over the institutions or students served by
22 the office. The office shall:
23 (a) Serve the interests of students and the parents of
24 students in private schools and home education programs.
25 (b) Serve the interests of private institutions.
26 (c) Provide general information to the public about
27 private and home education delivery systems.
28 (2) The Commissioner of Education shall appoint an
29 executive director for the office who shall:
30
31
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1 (a) Serve as a source of communication between private
2 schools, home education programs, the Commissioner of
3 Education, and the State Board of Education.
4 (b) Evaluate pending policy to ensure that the policy
5 does not subject private schools and home education programs
6 to additional regulation or mandates.
7 (c) Establish a clearinghouse of information for the
8 public.
9 (d) Foster a collaborative spirit and working
10 relationship among private schools, home education programs,
11 and the public sector.
12 (e) Identify and convey the best practices of private
13 schools and home education programs for the benefit of the
14 public and private education delivery sectors.
15 (f) Represent issues and concerns relating to home
16 education programs and private schools on all applicable ad
17 hoc advisory bodies.
18 Section 28. Section 1001.22, Florida Statutes, is
19 created to read:
20 1001.22 Commission for Independent Education.--The
21 Commission for Independent Education shall authorize granting
22 of certificates, diplomas, and degrees for independent
23 postsecondary educational institutions pursuant to chapter
24 1005.
25 Section 29. Section 1001.23, Florida Statutes, is
26 created to read:
27 1001.23 Specific powers and duties of the Department
28 of Education.--In addition to all other duties assigned to it
29 by law or by rule of the State Board of Education, the
30 department shall:
31
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1 (1) Adopt the school readiness uniform screening
2 developed by the Florida Partnership for School Readiness, in
3 accordance with the criteria itemized in chapter 1008.
4 (2) Implement a training program to develop among
5 state and district educators a cadre of facilitators of school
6 improvement in accordance with the provisions of chapter 1008.
7 (3) Identify the needs of the state system of public
8 education as they relate to the development and production of
9 materials used in instruction, in accordance with the
10 requirements of chapter 1006.
11 (4) After complying with the provisions of s. 257.37,
12 the Department of Education may:
13 (a) Photograph, microphotograph, or reproduce on film
14 or prints, documents, records, data, and information of a
15 permanent character and destroy any of the documents after
16 they have been photographed and after audit of the department
17 has been completed for the period embracing the dates of the
18 instruments. Photographs or microphotographs in the form of
19 film or prints made in compliance with the provisions of this
20 subsection shall have the same force and effect as the
21 originals would have, and shall be treated as originals for
22 the purpose of their admissibility in evidence. Duly certified
23 or authenticated reproductions of such photographs or
24 microphotographs shall be admitted in evidence equally with
25 the original photographs or microphotographs.
26 (b) Destroy general correspondence that is over 3
27 years old; records of bills, accounts, vouchers, and
28 requisitions that are over 5 years old and copies of which
29 have been filed with the Comptroller; and other records,
30 papers, and documents over 3 years old that do not serve as
31
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1 part of an agreement or understanding and do not have value as
2 permanent records.
3 Section 30. Section 1001.24, Florida Statutes, is
4 created to read:
5 1001.24 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) "Department of Education direct-support
10 organization" means an organization:
11 1. That is a corporation not for profit that is
12 incorporated under the provisions of chapter 617 and approved
13 by the Department of State.
14 2. That is organized and operated exclusively to
15 receive, hold, invest, and administer property and to make
16 expenditures to or for the benefit of public prekindergarten
17 through 12th grade education in this state.
18 3. That the State Board of Education, after review,
19 has certified to be operating in a manner consistent with the
20 goals and best interest of the Department of Education.
21 (b) "Personal services" includes full-time or
22 part-time personnel, as well as payroll processing.
23 (2) USE OF PROPERTY.--The State Board of Education:
24 (a) May permit the use of property, facilities, and
25 personal services of the department by the direct-support
26 organization, subject to the provisions of this section.
27 (b) Shall prescribe by rule conditions with which the
28 direct-support organization must comply in order to use
29 property, facilities, or personal services of the department.
30 Such rules shall provide for budget and audit review and for
31 oversight by the department.
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1 (c) Shall not permit the use of property, facilities,
2 or personal services of the direct-support organization if
3 such organization does not provide equal employment
4 opportunities to all persons, regardless of race, color,
5 national origin, gender, age, or religion.
6 (3) BOARD OF DIRECTORS.--The board of directors of the
7 department direct-support organization shall be appointed by
8 the commissioner and shall include representation from
9 business, industry, and other components of Florida's economy.
10 (4) ANNUAL AUDIT.--Each direct-support organization
11 shall provide for an annual financial audit in accordance with
12 s. 215.981. The identity of donors who desire to remain
13 anonymous shall be protected, and that anonymity shall be
14 maintained in the auditor's report. All records of the
15 organization other than the auditor's report, management
16 letter, and any supplemental data requested by the Auditor
17 General and the Office of Program Policy Analysis and
18 Government Accountability shall be confidential and exempt
19 from the provisions of s. 119.07(1).
20 Section 31. Section 1001.25, Florida Statutes, is
21 created to read:
22 1001.25 Educational television.--
23 (1) ESTABLISHMENT AND UTILIZATION OF NETWORK.--The
24 department may establish a television network connecting such
25 communities or such stations as it designates. For this
26 purpose, it may lease facilities in the name of the state from
27 communications' common carriers and use such transmission
28 channels as are necessary; however, if the department decides,
29 upon investigation, that it could more economically construct
30 and maintain such transmission channels, it may design,
31 construct, operate, and maintain them, including a television
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1 microwave network. The network shall be utilized primarily for
2 the instruction of students at existing and future public and
3 private educational institutions and of the general public, as
4 practical. The origination and transmission of all programs
5 over such networks shall be as directed under policies
6 approved by the State Board of Education. The department may
7 cooperate with and assist all local and state educational
8 agencies in making surveys pertaining to the use and economics
9 of educational television in the fields of primary,
10 elementary, secondary, or college level education and in the
11 field of adult education, and may assist all public agencies
12 in the planning of programs calculated to further the
13 education of the state's citizens.
14 (2) POWERS OF DEPARTMENT.--
15 (a) The department may encourage:
16 1. The extension of educational television network
17 facilities.
18 2. The coordination of Florida's educational
19 television with that of other states and with the Federal
20 Government.
21 3. The further development of educational television
22 within the state.
23 (b) The department shall provide through educational
24 television and other electronic media a means of extending
25 educational services to all the state system of public
26 education, except the state universities, which provision by
27 the department is limited by paragraph (c) and by s.
28 1006.26(1). The department shall recommend to the State Board
29 of Education rules necessary to provide such services.
30 (c) The department may provide equipment, funds, and
31 other services to extend and update both the existing and the
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1 proposed educational television and radio systems of
2 tax-supported and nonprofit, corporate-owned facilities. All
3 stations funded must be qualified by the Corporation for
4 Public Broadcasting. New stations eligible for funding shall
5 provide a first service to an audience that is not currently
6 receiving a broadcast signal or provide a significant new
7 program service as defined by State Board of Education rules.
8 Funds appropriated to the department for educational
9 television and funds appropriated to the department for
10 educational radio may be used by the department for either
11 educational television or educational radio, or both.
12 (3) PROHIBITED USE, PENALTY.--
13 (a) None of the facilities, plant, or personnel of any
14 educational television system that is supported in whole or in
15 part by state funds shall be used directly or indirectly for
16 the promotion, advertisement, or advancement of any political
17 candidate for any municipal, county, legislative,
18 congressional, or state office. However, fair, open, and free
19 discussion between political candidates for municipal, county,
20 legislative, congressional, or state office may be permitted
21 in order to help materially reduce the excessive cost of
22 campaigns and to ensure that the state's citizens are fully
23 informed about issues and candidates in campaigns. The
24 provisions of this paragraph apply to the advocacy for, or
25 opposition to, any specific program, existing or proposed, of
26 governmental action which includes, but is not limited to,
27 constitutional amendments, tax referenda, and bond issues. The
28 provisions of this paragraph shall be in accordance with rules
29 of the State Board of Education.
30
31
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1 (b) Violation of any prohibition contained in this
2 section is a misdemeanor of the second degree, punishable as
3 provided in s. 775.082 or s. 775.083.
4 (4) DUTY OF DEPARTMENT.--The department is responsible
5 for identifying the needs of the state system of public
6 education as they relate to the development and production of
7 materials used in instruction. When such identified needs are
8 considered to be best satisfied by the production of new
9 materials, the department may commission or contract for the
10 production of such materials.
11 Section 32. Section 1001.26, Florida Statutes, is
12 created to read:
13 1001.26 Public broadcasting program system.--
14 (1) There is created a public broadcasting program
15 system for the state. The department shall administer this
16 program system pursuant to rules adopted by the State Board of
17 Education. This program system must complement and share
18 resources with the instructional programming service of the
19 Department of Education and educational UHF, VHF, ITFS, and FM
20 stations in the state. The program system must include:
21 (a) Support for existing Corporation for Public
22 Broadcasting qualified program system educational radio and
23 television stations and new stations meeting Corporation for
24 Public Broadcasting qualifications and providing a first
25 service to an audience that does not currently receive a
26 broadcast signal or providing a significant new program
27 service as defined by rule by the State Board of Education.
28 (b) Maintenance of quality broadcast capability for
29 educational stations that are part of the program system.
30 (c) Interconnection of all educational stations that
31 are part of the program system for simultaneous broadcast and
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1 of such stations with all universities and other institutions
2 as necessary for sharing of resources and delivery of
3 programming.
4 (d) Establishment and maintenance of a capability for
5 statewide program distribution with facilities and staff,
6 provided such facilities and staff complement and strengthen
7 existing or future educational television and radio stations
8 in accordance with paragraph (a) and s. 1001.25(2)(c).
9 (e) Provision of both statewide programming funds and
10 station programming support for educational television and
11 educational radio to meet statewide priorities. Priorities for
12 station programming need not be the same as priorities for
13 programming to be used statewide. Station programming may
14 include, but shall not be limited to, citizens' participation
15 programs, music and fine arts programs, coverage of public
16 hearings and governmental meetings, equal air time for
17 political candidates, and other public interest programming.
18 (2)(a) The Department of Education is responsible for
19 implementing the provisions of this section pursuant to part
20 III of chapter 287 and may employ personnel, acquire equipment
21 and facilities, and perform all duties necessary for carrying
22 out the purposes and objectives of this section.
23 (b) The department shall provide through educational
24 television and other electronic media a means of extending
25 educational services to all the state system of public
26 education. The department shall recommend to the State Board
27 of Education rules necessary to provide such services.
28 (c) The department is authorized to provide equipment,
29 funds, and other services to extend and update both the
30 existing and the proposed educational television and radio
31 systems of tax-supported and nonprofit, corporate-owned
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1 facilities. All stations funded must be qualified by the
2 Corporation for Public Broadcasting. New stations eligible
3 for funding shall provide a first service to an audience that
4 is not currently receiving a broadcast signal or provide a
5 significant new program service as defined by State Board of
6 Education rules. Funds appropriated to the department for
7 educational television and funds appropriated to the
8 department for educational radio may be used by the department
9 for either educational television or educational radio, or for
10 both.
11 (3) The State Board of Education shall adopt rules for
12 the proper enforcement and carrying out of these provisions.
13 Section 33. Section 1001.27, Florida Statutes, is
14 created to read:
15 1001.27 State satellite network.--
16 (1) There is created a state satellite network, which
17 shall provide one-way video and audio transmissions with
18 regional access for all Floridians, state agencies, county and
19 municipal governments, business and industry, and other public
20 and private entities to participate in classroom instruction,
21 continuing education, special events programs, and one-way
22 video teleconferencing.
23 (2) The network shall consist of compatible satellite
24 receiving equipment at public educational institutions in each
25 of the 28 community college regions.
26 (3) The department, in consultation with the
27 Department of Management Services, shall implement the
28 provisions of this section and coordinate the network.
29 Specifically, the department shall:
30 (a) Provide for technical analysis of suitable
31 existing satellite receiving equipment at Florida public
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1 postsecondary educational institutions for inclusion in the
2 network.
3 (b) Acquire by competitive sealed bid and place
4 appropriate receiving equipment in those community college
5 regions of the state in which such equipment is presently not
6 available at a public postsecondary educational institution.
7 (c) Develop an implementation plan that provides for
8 designation of a site in each community college region for
9 inclusion in the initial network. Criteria for selection
10 shall include:
11 1. Accessibility to a substantial portion of the
12 population of the region.
13 2. Demonstrated institutional commitment to support
14 and encourage use of the network both within the region and
15 statewide.
16 3. Willingness to complement state support with
17 matching institutional resources.
18 4. Evidence of cooperation and coordinated planning
19 with other postsecondary educational institutions in the
20 region.
21 5. Availability of existing telecommunications
22 equipment which is compatible or adaptable for use in the
23 network.
24 (d) Identify additional sites for inclusion in the
25 network in the event that demand exceeds the capacity of the
26 initial network.
27 (e) Coordinate scheduling and encourage use of the
28 network.
29 (f) Develop operating procedures for the system and
30 recommend fee schedules for both public and private entities
31 wishing to transmit or receive programming through the
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1 network. Scheduling procedures shall assign the highest
2 priority to educational programming.
3 (g) Provide training for institutional, state agency,
4 and other personnel in effective techniques for the use of the
5 network.
6 (h) Provide initial startup support for operations,
7 maintenance, and publicity costs of the network. Continuation
8 costs in these areas shall be recovered through user fees and
9 local resources.
10 (4) All audio components of this system that are not
11 transmitted simultaneously with video to a domestic satellite
12 shall be transmitted through common carriers regulated
13 pursuant to chapter 364.
14 (5) The State Board of Education may adopt any rules
15 necessary for the implementation of this section.
16 (6) This section shall be implemented only to the
17 extent specifically authorized and funded by law.
18 Section 34. Section 1001.28, Florida Statutes, is
19 created to read:
20 1001.28 Distance learning duties.--The duties of the
21 Department of Education concerning distance learning include,
22 but are not limited to, the duty to:
23 (1) Facilitate the implementation of a statewide
24 coordinated system and resource system for cost-efficient
25 advanced telecommunications services and distance education
26 which will increase overall student access to education.
27 (2) Coordinate the use of existing resources,
28 including, but not limited to, the state's satellite
29 transponders on the education satellites, the SUNCOM Network,
30 the Florida Information Resource Network (FIRN), the
31 Department of Management Services, the Department of
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1 Corrections, and the Department of Children and Family
2 Services' satellite communication facilities to support a
3 statewide advanced telecommunications services and distance
4 learning network.
5 (3) Assist in the coordination of the utilization of
6 the production and uplink capabilities available through
7 Florida's public television stations, eligible facilities,
8 independent colleges and universities, private firms, and
9 others as needed.
10 (4) Seek the assistance and cooperation of Florida's
11 cable television providers in the implementation of the
12 statewide advanced telecommunications services and distance
13 learning network.
14 (5) Seek the assistance and cooperation of Florida's
15 telecommunications carriers to provide affordable student
16 access to advanced telecommunications services and to distance
17 learning.
18 (6) Coordinate partnerships for development,
19 acquisition, use, and distribution of distance learning.
20 (7) Secure and administer funding for programs and
21 activities for distance learning from federal, state, local,
22 and private sources and from fees derived from services and
23 materials.
24 (8) Manage the state's satellite transponder resources
25 and enter into lease agreements to maximize the use of
26 available transponder time. All net revenue realized through
27 the leasing of available transponder time, after deducting the
28 costs of performing the management function, shall be recycled
29 to support the public education distance learning in this
30 state based upon an allocation formula of one-third to the
31
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1 Department of Education, one-third to community colleges, and
2 one-third to state universities.
3 (9) Hire appropriate staff which may include a
4 position that shall be exempt from part II of chapter 110 and
5 is included in the Senior Management Service in accordance
6 with s. 110.205.
7
8 Nothing in this section shall be construed to abrogate,
9 supersede, alter, or amend the powers and duties of any state
10 agency, district school board, community college board of
11 trustees, university board of trustees, or the State Board of
12 Education.
13 Section 35. Part II of chapter 1001, Florida Statutes,
14 shall be entitled "School District Governance" and shall
15 consist of ss. 1001.30-1001.55.
16 Section 36. Section 1001.30, Florida Statutes, is
17 created to read:
18 1001.30 District unit.--Each county shall constitute a
19 school district and shall be known as the school district of
20 .... County, Florida. Each district shall constitute a unit
21 for the control, organization, and administration of schools.
22 The responsibility for the actual operation and administration
23 of all schools needed within the districts in conformity with
24 rules and minimum standards prescribed by the state, and also
25 the responsibility for the provision of any desirable and
26 practicable opportunities authorized by law beyond those
27 required by the state, are delegated by law to the school
28 officials of the respective districts.
29 Section 37. Section 1001.31, Florida Statutes, is
30 created to read:
31
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1 1001.31 Scope of district system.--A district school
2 system shall include all public schools, classes, and courses
3 of instruction and all services and activities directly
4 related to education in that district which are under the
5 direction of the district school officials. A district school
6 system may also include alternative site schools for
7 disruptive or violent youth. Such schools for disruptive or
8 violent youth may be funded by each district or provided
9 through cooperative programs administered by a consortium of
10 school districts, private providers, state and local law
11 enforcement agencies, and the Department of Juvenile Justice.
12 Pursuant to cooperative agreement, a district school system
13 shall provide instructional personnel at juvenile justice
14 facilities of 50 or more beds or slots with access to the
15 district school system database for the purpose of accessing
16 student academic, immunization, and registration records for
17 students assigned to the programs. Such access shall be in the
18 same manner as provided to other schools in the district.
19 Section 38. Section 1001.32, Florida Statutes, is
20 created to read:
21 1001.32 Management, control, operation,
22 administration, and supervision.--The district school system
23 must be managed, controlled, operated, administered, and
24 supervised as follows:
25 (1) DISTRICT SYSTEM.--The district school system shall
26 be considered as a part of the state system of public
27 education. All actions of district school officials shall be
28 consistent and in harmony with state laws and with rules and
29 minimum standards of the state board and the commissioner.
30 District school officials, however, shall have the authority
31 to provide additional educational opportunities, as desired,
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1 which are authorized, but not required, by law or by the
2 district school board.
3 (2) DISTRICT SCHOOL BOARD.--In accordance with the
4 provisions of s. 4(b) of Art. IX of the State Constitution,
5 district school boards shall operate, control, and supervise
6 all free public schools in their respective districts and may
7 exercise any power except as expressly prohibited by the State
8 Constitution or general law.
9 (3) DISTRICT SCHOOL SUPERINTENDENT.--Responsibility
10 for the administration and management of the schools and for
11 the supervision of instruction in the district shall be vested
12 in the district school superintendent as the secretary and
13 executive officer of the district school board, as provided by
14 law.
15 (4) SCHOOL PRINCIPAL OR HEAD OF
16 SCHOOL.--Responsibility for the administration of any school
17 or schools at a given school center, for the supervision of
18 instruction therein, and for providing leadership in the
19 development or revision and implementation of a school
20 improvement plan required pursuant to s. 1001.42(16) shall be
21 delegated to the school principal or head of the school or
22 schools in accordance with rules established by the district
23 school board.
24 Section 39. Section 1001.33, Florida Statutes, is
25 created to read:
26 1001.33 Schools under control of district school board
27 and district school superintendent.--Except as otherwise
28 provided by law, all public schools conducted within the
29 district shall be under the direction and control of the
30 district school board with the district school superintendent
31 as executive officer.
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1 Section 40. Part II.a. of chapter 1001, Florida
2 Statutes, shall be entitled "District School Boards" and shall
3 consist of ss. 1001.34-1001.453.
4 Section 41. Section 1001.34, Florida Statutes, is
5 created to read:
6 1001.34 Membership of district school board.--Each
7 district school board shall be composed of not less than five
8 members. Each member of the district school board shall be a
9 qualified elector of the district in which she or he serves,
10 shall be a resident of the district school board member
11 residence area from which she or he is elected, and shall
12 maintain said residency throughout her or his term of office.
13 Section 42. Section 1001.35, Florida Statutes, is
14 created to read:
15 1001.35 Term of office.--District school board members
16 shall be elected at the general election in November for terms
17 of 4 years.
18 Section 43. Section 1001.36, Florida Statutes, is
19 created to read:
20 1001.36 District school board member residence
21 areas.--
22 (1) For the purpose of electing district school board
23 members, each district shall be divided into at least five
24 district school board member residence areas, which shall be
25 numbered one to five, inclusive, and which shall, as nearly as
26 practicable, be equal in population.
27 (a) For those school districts, which have seven
28 district school board members, the district may be divided
29 into five district school board member residence areas, with
30 two district school board members elected at large, or the
31 district may be divided into seven district school board
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1 member residence areas. In the latter case, the residence
2 areas shall be numbered one to seven inclusive and shall be
3 equal in population as nearly as practicable.
4 (b) For those school districts which have seven
5 district school board members, the number of district school
6 board member residence areas shall be determined by resolution
7 passed by a majority vote of the district school board.
8 (2) Any district school board may make any change that
9 it deems necessary in the boundaries of any district school
10 board member residence area at any meeting of the district
11 school board, provided that such changes shall be made only in
12 odd-numbered years and that no change that would affect the
13 residence qualifications of any incumbent member shall
14 disqualify such incumbent member during the term for which he
15 or she is elected.
16 (3) Such changes in boundaries shall be shown by
17 resolutions spread upon the minutes of the district school
18 board, shall be recorded in the office of the clerk of the
19 circuit court, and shall be published at least once in a
20 newspaper published in the district within 30 days after the
21 adoption of the resolution, or, if there be no newspaper
22 published in the district, shall be posted at the county
23 courthouse door for 4 weeks thereafter. A certified copy of
24 this resolution shall be transmitted to the Department of
25 State.
26 Section 44. Section 1001.361, Florida Statutes, is
27 created to read:
28 1001.361 Election of board by districtwide
29 vote.--Notwithstanding any provision of local law or any
30 county charter, the election of members of the district school
31 board shall be by vote of the qualified electors of the entire
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1 district in a nonpartisan election as provided in chapter 105.
2 Each candidate for district school board member shall, at the
3 time she or he qualifies, be a resident of the district school
4 board member residence area from which the candidate seeks
5 election. Each candidate who qualifies to have her or his name
6 placed on the ballot shall be listed according to the district
7 school board member residence area in which she or he resides.
8 Each qualified elector of the district shall be entitled to
9 vote for one candidate from each district school board member
10 residence area. The candidate from each district school board
11 member residence area who receives the highest number of votes
12 in the general election shall be elected to the district
13 school board.
14 Section 45. Section 1001.362, Florida Statutes, is
15 created to read:
16 1001.362 Alternate procedure for the election of
17 district school board members to provide for single-member
18 representation.--
19 (1) This section shall be known and may be referred to
20 as "The School District Local Option Single-Member
21 Representation Law of 1984."
22 (2) District school board members shall be elected to
23 office in accordance with the provisions of ss. 1001.36 and
24 1001.361, or as otherwise provided by law, unless a
25 proposition calling for single-member representation within
26 the residence areas of the district is submitted to and
27 approved by a majority of the qualified electors voting on
28 such proposition in the manner provided in subsection (3).
29 (a) If the district school board is composed of five
30 members, such proposition shall provide that the five members
31 shall reside one in each of five residence areas, the areas
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1 together covering the entire district and as nearly equal in
2 population as practicable, pursuant to s. 1001.36, each of
3 whom shall be elected only by the qualified electors who
4 reside in the same residence area as the member.
5 (b) If the district school board is composed of seven
6 members, at the option of the school board, such proposition
7 shall provide that:
8 1. Five of the seven members shall reside one in each
9 of five residence areas, the areas together covering the
10 entire district and as nearly equal in population as
11 practicable, pursuant to s. 1001.36, each of whom shall be
12 elected only by the qualified electors who reside in the same
13 residence area as the member, and two of the seven members
14 shall be elected at large; or
15 2. All seven members shall reside one in each of seven
16 residence areas, the areas together covering the entire
17 district and as nearly equal in population as practicable,
18 pursuant to s. 1001.36, each of whom shall be elected only by
19 the qualified electors who reside in the same residence area
20 as the member.
21 (c) All members shall be elected for 4-year terms, but
22 such terms shall be staggered so that, alternately, one more
23 or one less than half of the members elected from residence
24 areas and, if applicable, one of the members elected at large
25 from the entire district are elected every 2 years. Any
26 member may be elected to an initial term of less than 4 years
27 if necessary to achieve or maintain such system of staggered
28 terms.
29 (3) A proposition calling for single-member
30 representation within the residence areas of the district
31 shall be submitted to the electors of the district at any
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1 primary, general, or otherwise-called special election, in
2 either manner following:
3 (a) The district school board may adopt a formal
4 resolution directing an election to be held to place the
5 proposition on the ballot.
6 (b) The electors of the school district may petition
7 to have the proposition placed on the ballot by presenting to
8 the school board petitions signed by not less than 10 percent
9 of the duly qualified electors residing within the school
10 district. The number of signatures required shall be
11 determined by the supervisor of elections according to the
12 number of registered electors in the district as of the date
13 the petitioning electors register as a political committee as
14 provided in subsection (4).
15 (4) The electors petitioning to have the proposition
16 placed on the ballot shall register as a political committee
17 pursuant to s. 106.03, and a specific person shall be
18 designated therein as chair of the committee to act for the
19 committee.
20 (5)(a) Each petition form circulated for single-member
21 representation within the residence areas of a district where
22 the school board is composed of five members shall include the
23 wording: "As a registered elector of the school district of
24 .... County, Florida, I am petitioning for a referendum
25 election to determine whether the five school board members of
26 said district shall be elected from single-member residence
27 areas by electors residing in each of those areas only."
28 (b) Each petition form circulated for single-member
29 representation within the residence areas of a district where
30 the district school board is composed of seven members, none
31 of whom are to be elected at large, shall include the wording:
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1 "As a registered elector of the school district of ....
2 County, Florida, I am petitioning for a referendum election to
3 determine whether the seven members of said district shall be
4 elected from single-member residence areas by electors
5 residing in each of those areas only."
6 (c) Each petition form circulated for single-member
7 representation within the residence areas of a district where
8 the school board is composed of seven members, two of whom are
9 to be elected at large, shall include the wording: "As a
10 registered elector of the school district of .... County,
11 Florida, I am petitioning for a referendum election to
12 determine whether five of the seven district school board
13 members of said district shall be elected from single-member
14 residence areas by electors residing in each of those areas
15 only, with the two remaining members being elected at large."
16
17 The petition shall also include space for the signature and
18 address of the elector. Each signature obtained shall be
19 dated when made and is valid for a period of 4 years following
20 that date.
21 (6) Upon the filing of the petitions with the district
22 school board by the chair of the committee, the district
23 school board shall submit the petitions to the supervisor of
24 elections for verification of the signatures. Within a period
25 of not more than 30 days, the supervisor of elections shall
26 determine whether the petitions contain the required number of
27 valid signatures. The supervisor of elections shall be paid
28 by the committee seeking verification the sum of 10 cents for
29 each name checked.
30 (7) If it is determined that the petitions have the
31 required signatures, the supervisor of elections shall certify
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1 the petitions to the district school board, which shall adopt
2 a resolution requesting that an election date be set to
3 conform to the earliest primary, general, or otherwise-called
4 special election that occurs not less than 30 days after
5 certification of the petitions. If it is determined that the
6 petitions do not contain the required signatures, the
7 supervisor of elections shall so notify the district school
8 board, which shall file the petitions without taking further
9 action, and the matter shall be at an end. No additional names
10 may be added to the petitions, and the petitions may not be
11 used in any other proceeding.
12 (8) No special election may be called for the sole
13 purpose of presenting the proposition to the vote of the
14 electors.
15 (9) Any district adopting any of the propositions set
16 forth in this section may thereafter return to the procedures
17 otherwise provided by law by following the same procedure
18 outlined in subsection (3).
19 (10) No district school board member elected prior to
20 or at the election that approves any revision as permitted
21 herein shall be affected in his or her term of office. The
22 resolution adopted by the district school board under
23 paragraph (3)(a) or subsection (7) which presents the proposed
24 revision to the electorate for approval shall specify an
25 orderly method and procedure for implementing the revision
26 contemplated in the resolution.
27 Section 46. Section 1001.363, Florida Statutes, is
28 created to read:
29 1001.363 District school board members to represent
30 entire district.--Each district school board of each district
31 shall represent the entire district. Each member of the
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1 district school board shall serve as the representative of the
2 entire district, rather than as the representative of a
3 district school board member residence area.
4 Section 47. Section 1001.37, Florida Statutes, is
5 created to read:
6 1001.37 District school board members shall
7 qualify.--Before entering upon the duties of office after
8 being elected, or, if appointed, within 10 days after
9 receiving notice of appointment, each member of the district
10 school board shall take the prescribed oath of office.
11 Section 48. Section 1001.371, Florida Statutes, is
12 created to read:
13 1001.371 Organization of district school board.--On
14 the third Tuesday after the first Monday in November of each
15 year, the district school board shall organize by electing a
16 chair. It may elect a vice chair, and the district school
17 superintendent shall act ex officio as the secretary. If a
18 vacancy should occur in the position of chair, the district
19 school board shall proceed to elect a chair at the next
20 ensuing regular or special meeting. At the organization
21 meeting, the district school superintendent shall act as chair
22 until the organization is completed. The chair and secretary
23 shall then make and sign a copy of the proceedings of
24 organization, including the schedule for regular meetings and
25 the names and addresses of all district school officers, and
26 annex their affidavits that the same is a true and correct
27 copy of the original, and the secretary shall file the
28 document within 2 weeks with the Department of Education.
29 Section 49. Section 1001.372, Florida Statutes, is
30 created to read:
31 1001.372 District school board meetings.--
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1 (1) REGULAR AND SPECIAL MEETINGS.--The district school
2 board shall hold not less than one regular meeting each month
3 for the transaction of business according to a schedule
4 arranged by the district school board and shall convene in
5 special sessions when called by the district school
6 superintendent or by the district school superintendent on
7 request of the chair of the district school board, or on
8 request of a majority of the members of the district school
9 board; provided that actions taken at special meetings shall
10 have the same force and effect as if taken at a regular
11 meeting; and provided further that in the event the district
12 school superintendent should fail to call a special meeting
13 when requested to do so, as prescribed herein, such a meeting
14 may be called by the chair of the district school board or by
15 a majority of the members of the district school board by
16 giving 2 days' written notice of the time and purpose of the
17 meeting to all members and to the district school
18 superintendent, in which event the minutes of the meeting
19 shall set forth the facts regarding the procedure in calling
20 the meeting and the reason therefor and shall be signed either
21 by the chair or by a majority of the members of the district
22 school board.
23 (2) PLACE OF MEETINGS.--
24 (a) Except as provided in paragraph (b), all regular
25 and special meetings of the district school board shall be
26 held in the office of the district school superintendent or in
27 a room convenient to that office and regularly designated as
28 the district school board meeting room.
29 (b) Upon the giving of due public notice, regular or
30 special meetings of the district school board may be held at
31 any appropriate public place in the county.
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1 (c) For purpose of this section, due public notice
2 shall consist of publication in a newspaper of general
3 circulation in the county or in each county where there is no
4 newspaper of general circulation in the county an announcement
5 over at least one radio station whose signal is generally
6 received in the county, a reasonable number of times daily
7 during the 48 hours immediately preceding the date of such
8 meeting, or by posting a notice at the courthouse door if no
9 newspaper is published in the county, at least 2 days prior to
10 the meeting.
11 (3) REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
12 presiding officer of any district school board may order the
13 removal, from a public meeting held by the district school
14 board, of any person interfering with the expeditious or
15 orderly process of such meeting, provided such officer has
16 first issued a warning that continued interference with the
17 orderly processes of the meeting will result in removal. Any
18 law enforcement authority or a sergeant-at-arms designated by
19 the officer shall remove any person ordered removed pursuant
20 to this section.
21 (4) MAJORITY A QUORUM.--A majority shall constitute a
22 quorum for any meeting of the district school board. No
23 business may be transacted at any meeting unless a quorum is
24 present, except that a minority of the district school board
25 may adjourn the meeting from time to time until a quorum is
26 present.
27 Section 50. Section 1001.38, Florida Statutes, is
28 created to read:
29 1001.38 Vacancies; how filled.--The office of any
30 district school board member shall be vacant when the member
31 removes his or her residence from the district school board
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1 member residence area from which he or she was elected. All
2 vacancies on the district school board shall be filled by
3 appointment by the Governor.
4 Section 51. Section 1001.39, Florida Statutes, is
5 created to read:
6 1001.39 District school board members; travel
7 expenses.--
8 (1) In addition to the salary provided in s. 1001.395,
9 each member of a district school board shall be allowed, from
10 the district school fund, reimbursement of travel expenses as
11 authorized in s. 112.061, except as provided in subsection
12 (2). Any travel outside the district shall also be governed
13 by the rules of the State Board of Education.
14 (2) Each district school board may reimburse a
15 district school board member for travel expenses for travel
16 from the member's residence incurred in the performance of a
17 public purpose authorized by law to be performed by the
18 district school board, including, but not limited to,
19 attendance at regular and special board meetings. Mileage
20 allowance in the amount provided by law for reimbursement of
21 travel expenses, when authorized, shall be computed from the
22 member's place of residence to the place of the meeting or
23 function and return.
24 Section 52. Effective upon this act becoming a law,
25 section 1001.395, Florida Statutes, is created to read:
26 1001.395 District school board members;
27 compensation.--
28 (1) Each district school board shall annually
29 determine the salary of its members at the first regular
30 meeting following the organizational meeting held pursuant to
31 s. 1001.371. The salary shall be set at any amount up to but
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1 not more than the lowest entry-level bachelor's degree step on
2 the teacher pay scale in the district. The proposed salary to
3 be adopted shall be noticed at the time of the meeting notice
4 and shall not be increased during the meeting. The salary
5 adopted by the district school board shall be in effect during
6 the succeeding 12 months.
7 (2) This section shall apply to any district school
8 board member elected or reelected at the November 2002 general
9 election or any subsequent general election and to any person
10 appointed to fill a vacancy in the office of any such member.
11 Section 53. Section 1001.40, Florida Statutes, is
12 created to read:
13 1001.40 District school board to constitute a
14 corporation.--The governing body of each school district shall
15 be a district school board. Each district school board is
16 constituted a body corporate by the name of "The School Board
17 of .... County, Florida." In all suits against district
18 school boards, service of process shall be had on the chair of
19 the district school board or, if he or she cannot be found, on
20 the district school superintendent as executive officer of the
21 district school board or, in the absence of the chair and the
22 district school superintendent, on another member of the
23 district school board.
24 Section 54. Section 1001.41, Florida Statutes, is
25 created to read:
26 1001.41 General powers of district school board.--The
27 district school board, after considering recommendations
28 submitted by the district school superintendent, shall
29 exercise the following general powers:
30 (1) Determine policies and programs consistent with
31 state law and rule deemed necessary by it for the efficient
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1 operation and general improvement of the district school
2 system.
3 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54
4 to implement the provisions of law conferring duties upon it
5 to supplement those prescribed by the State Board of Education
6 and the Commissioner of Education.
7 (3) Prescribe and adopt standards as are considered
8 desirable by it for improving the district school system.
9 (4) Contract, sue, and be sued. The district school
10 board shall constitute the contracting agent for the district
11 school system.
12 (5) Perform duties and exercise those responsibilities
13 that are assigned to it by law or by rules of the State Board
14 of Education or the Commissioner of Education and, in addition
15 thereto, those that it may find to be necessary for the
16 improvement of the district school system in carrying out the
17 purposes and objectives of the education code.
18 (6) Assign students to schools.
19 (7) Enter into agreements for accepting credit card,
20 charge card, and debit card payments as compensation for
21 goods, services, tuition, and fees, as authorized by law.
22 Section 55. Section 1001.42, Florida Statutes, is
23 created to read:
24 1001.42 Powers and duties of district school
25 board.--The district school board, acting as a board, shall
26 exercise all powers and perform all duties listed below:
27 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require
28 the district school superintendent, as secretary, to keep such
29 minutes and records as are necessary to set forth clearly all
30 actions and proceedings of the school board.
31
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1 (a) Minutes, recording.--The minutes of each meeting
2 shall be reviewed, corrected if necessary, and approved at the
3 next regular meeting, provided that this action may be taken
4 at an intervening special meeting if the district school board
5 desires. The minutes shall be kept as a public record in a
6 permanent location.
7 (b) Minutes, contents.--The minutes shall show the
8 vote of each member present on all matters on which the
9 district school board takes action. It shall be the duty of
10 each member to see to it that both the matter and his or her
11 vote thereon are properly recorded in the minutes. Unless
12 otherwise shown by the minutes, it shall be presumed that the
13 vote of each member present supported any action taken by the
14 district school board in either the exercise of, violation of,
15 or neglect of the powers and duties imposed upon the district
16 school board by law or rule, whether such action is recorded
17 in the minutes or is otherwise established. It shall also be
18 presumed that the policies, appointments, programs, and
19 expenditures not recorded in the minutes but made and actually
20 in effect in the district school system were made and put into
21 effect at the direction of the district school board, unless
22 it can be shown that they were done without the actual or
23 constructive knowledge of the members of the district school
24 board.
25 (2) CONTROL PROPERTY.--Subject to rules of the State
26 Board of Education, control property and convey the title to
27 real and personal property.
28 (3) ADOPT SCHOOL PROGRAM.--Adopt a school program for
29 the entire school district.
30 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
31 SCHOOLS.--Adopt and provide for the execution of plans for the
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1 establishment, organization, and operation of the schools of
2 the district, including, but not limited to, the following:
3 (a) Schools and enrollment plans.--Establish schools
4 and adopt enrollment plans that may include school attendance
5 areas and open enrollment provisions.
6 (b) Elimination of school centers and consolidation of
7 schools.--Provide for the elimination of school centers and
8 the consolidation of schools.
9 (c) Adequate educational facilities for all children
10 without tuition.--Provide adequate educational facilities for
11 all children without payment of tuition.
12 (d) Cooperate with school boards of adjoining
13 districts in maintaining schools.--Approve plans for
14 cooperating with school boards of adjoining districts in this
15 state or in adjoining states for establishing school
16 attendance areas composed of territory lying within the
17 districts and for the joint maintenance of district-line
18 schools or other schools which are to serve those attendance
19 areas. The conditions of such cooperation shall be as
20 follows:
21 1. Establishment.--The establishment of a school to
22 serve attendance areas lying in more than one district and the
23 plans for maintaining the school and providing educational
24 services to students shall be effected by annual resolutions
25 spread upon the minutes of each district school board
26 concerned, which resolutions shall set out the territorial
27 limits of the areas from which children are to attend the
28 school and the plan to be followed in maintaining and
29 operating the school.
30 2. Control.--Control of the school or schools involved
31 shall be vested in the district school board of the district
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1 in which the school or schools are located unless otherwise
2 agreed by the district school boards.
3 3. Settlement of disagreements.--In the event an
4 agreement cannot be reached relating to such attendance areas
5 or to the school or schools therein, the matter may be
6 referred jointly by the cooperating district school boards or
7 by either district school board to the Department of Education
8 for decision under rules of the State Board of Education, and
9 its decision shall be binding on both school boards.
10 (e) Classification and standardization of
11 schools.--Provide for the classification and standardization
12 of schools.
13 (f) Opening and closing of schools; fixing uniform
14 date.--Adopt policies for the opening and closing of schools
15 and fix uniform dates.
16 (g) Observance of school holidays and vacation
17 periods.--Designate the observance of school holidays and
18 vacation periods.
19 (h) Career and technical classes and schools.--Provide
20 for the establishment and maintenance of career and technical
21 schools, departments, or classes, giving instruction in career
22 and technical education as defined by rules of the State Board
23 of Education, and use any moneys raised by public taxation in
24 the same manner as moneys for other school purposes are used
25 for the maintenance and support of public schools or classes.
26 (i) District school boards may establish public
27 evening schools.--Have the authority to establish public
28 evening schools.
29 (j) Cooperate with other agencies in joint
30 projects.--Cooperate with other agencies in joint projects.
31
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1 (k) Planning time for teachers.--May adopt rules for
2 planning time for teachers in accordance with the provisions
3 of chapter 1012.
4 (l) Exceptional students.--Provide for an appropriate
5 program of special instruction, facilities, and services for
6 exceptional students as prescribed by the State Board of
7 Education as acceptable in accordance with the provisions of
8 s. 1003.57.
9 (m) Alternative education programs for students in
10 residential care facilities.--Provide, in accordance with the
11 provisions of chapter 1006, educational programs according to
12 rules of the State Board of Education to students who reside
13 in residential care facilities operated by the Department of
14 Children and Family Services.
15 (n) Educational services in detention facilities.--In
16 accordance with the provisions of chapter 1006, offer services
17 to students in detention facilities.
18 (5) PERSONNEL.--Designate positions to be filled,
19 prescribe qualifications for those positions, and provide for
20 the appointment, compensation, promotion, suspension, and
21 dismissal of employees, subject to the requirements of chapter
22 1012. Notwithstanding s. 1012.55 or any other provision of law
23 or rule to the contrary, the district school board may,
24 consistent with adopted district school board policy relating
25 to alternative certification for school principals, appoint
26 persons to the position of school principal who do not hold
27 educator certification.
28 (6) CHILD WELFARE.--In accordance with the provisions
29 of chapters 1003 and 1006, provide for the proper accounting
30 for all children of school age, for the attendance and control
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1 of students at school, and for proper attention to health,
2 safety, and other matters relating to the welfare of children.
3 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
4 MATERIALS.--Provide adequate instructional materials for all
5 students in accordance with the requirements of chapter 1006.
6 (8) TRANSPORTATION OF STUDENTS.--After considering
7 recommendations of the district school superintendent, make
8 provision for the transportation of students to the public
9 schools or school activities they are required or expected to
10 attend; authorize transportation routes arranged efficiently
11 and economically; provide the necessary transportation
12 facilities, and, when authorized under rules of the State
13 Board of Education and if more economical to do so, provide
14 limited subsistence in lieu thereof; and adopt the necessary
15 rules and regulations to ensure safety, economy, and
16 efficiency in the operation of all buses, as prescribed in
17 chapter 1006.
18 (9) SCHOOL PLANT.--Approve plans for locating,
19 planning, constructing, sanitating, insuring, maintaining,
20 protecting, and condemning school property as prescribed in
21 chapter 1013 and as follows:
22 (a) School building program.--Approve and adopt a
23 districtwide school building program.
24 (b) Sites, buildings, and equipment.--
25 1. Select and purchase school sites, playgrounds, and
26 recreational areas located at centers at which schools are to
27 be constructed, of adequate size to meet the needs of
28 projected students to be accommodated.
29 2. Approve the proposed purchase of any site,
30 playground, or recreational area for which district funds are
31 to be used.
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1 3. Expand existing sites.
2 4. Rent buildings when necessary.
3 5. Enter into leases or lease-purchase arrangements,
4 in accordance with the requirements and conditions provided in
5 s. 1013.15(2), with private individuals or corporations for
6 the rental of necessary grounds and educational facilities for
7 school purposes or of educational facilities to be erected for
8 school purposes. Current or other funds authorized by law may
9 be used to make payments under a lease-purchase agreement.
10 Notwithstanding any other statutes, if the rental is to be
11 paid from funds received from ad valorem taxation and the
12 agreement is for a period greater than 12 months, an approving
13 referendum must be held. The provisions of such contracts,
14 including building plans, shall be subject to approval by the
15 Department of Education, and no such contract shall be entered
16 into without such approval. As used in this section,
17 "educational facilities" means the buildings and equipment
18 that are built, installed, or established to serve educational
19 purposes and that may lawfully be used. The State Board of
20 Education may adopt such rules as are necessary to implement
21 these provisions.
22 6. Provide for the proper supervision of construction.
23 7. Make or contract for additions, alterations, and
24 repairs on buildings and other school properties.
25 8. Ensure that all plans and specifications for
26 buildings provide adequately for the safety and well-being of
27 students, as well as for economy of construction.
28 (c) Maintenance and upkeep of school plant.--Provide
29 adequately for the proper maintenance and upkeep of school
30 plants, so that students may attend school without sanitary or
31 physical hazards, and provide for the necessary heat, lights,
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1 water, power, and other supplies and utilities necessary for
2 the operation of the schools.
3 (d) Insurance of school property.--Carry insurance on
4 every school building in all school plants including contents,
5 boilers, and machinery, except buildings of three classrooms
6 or less that are of frame construction and located in a tenth
7 class public protection zone as defined by the Florida
8 Inspection and Rating Bureau, and on all school buses and
9 other property under the control of the district school board
10 or title to which is vested in the district school board,
11 except as exceptions may be authorized under rules of the
12 State Board of Education.
13 (e) Condemnation of buildings.--Condemn and prohibit
14 the use for public school purposes of any building that can be
15 shown for sanitary or other reasons to be no longer suitable
16 for such use and, when any building is condemned by any state
17 or other government agency as authorized in chapter 1013, see
18 that it is no longer used for school purposes.
19 (10) FINANCE.--Take steps to assure students adequate
20 educational facilities through the financial procedure
21 authorized in chapters 1010 and 1011 and as prescribed below:
22 (a) Provide for all schools to operate at least 180
23 days.--Provide for the operation of all public schools, both
24 elementary and secondary, as free schools for a term of at
25 least 180 days or the equivalent on an hourly basis as
26 specified by rules of the State Board of Education; determine
27 district school funds necessary in addition to state funds to
28 operate all schools for such minimum term; and arrange for the
29 levying of district school taxes necessary to provide the
30 amount needed from district sources.
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1 (b) Annual budget.--Cause to be prepared, adopt, and
2 have submitted to the Department of Education as required by
3 law and rules of the State Board of Education, the annual
4 school budget, such budget to be so prepared and executed as
5 to promote the improvement of the district school system.
6 (c) Tax levies.--Adopt and spread on its minutes a
7 resolution fixing the district school tax levy, provided for
8 under s. 9, Art. VII of the State Constitution, necessary to
9 carry on the school program adopted for the district for the
10 next ensuing fiscal year as required by law, and fixing the
11 district bond interest and sinking fund tax levy necessary for
12 districts against which bonds are outstanding; and adopt and
13 spread on its minutes a resolution suggesting the tax levy
14 provided for in s. 9, Art. VII of the State Constitution,
15 found necessary to carry on the school program adopted for the
16 district for the next ensuing fiscal year.
17 (d) School funds.--Require that an accurate account is
18 kept of all funds that should be transmitted to the district
19 school board for school purposes at various periods during the
20 year from all sources and, if any funds are not transmitted
21 promptly, take the necessary steps to have such funds made
22 available.
23 (e) Borrow money.--Borrow money, as prescribed in ss.
24 1011.12-1011.16, when necessary in anticipation of funds
25 reasonably to be expected during the year as shown by the
26 budget.
27 (f) Financial records and accounts.--Provide for
28 keeping of accurate records of all financial transactions.
29 (g) Approval and payment of accounts.--Implement a
30 system of accounting and budgetary control to ensure that
31 payments do not exceed amounts budgeted, as required by law;
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1 make available all records for proper audit by state officials
2 or independent certified public accountants; and have prepared
3 required periodic statements to be filed with the Department
4 of Education as provided by rules of the State Board of
5 Education.
6 (h) Bonds of employees.--Fix and prescribe the bonds,
7 and pay the premium on all such bonds, of all school employees
8 who are responsible for school funds in order to provide
9 reasonable safeguards for all such funds or property.
10 (i) Contracts for materials, supplies, and
11 services.--Contract for materials, supplies, and services
12 needed for the district school system. No contract for
13 supplying these needs shall be made with any member of the
14 district school board, with the district school
15 superintendent, or with any business organization in which any
16 district school board member or the district school
17 superintendent has any financial interest whatsoever.
18 (j) Purchasing regulations to be secured from
19 Department of Management Services.--Secure purchasing
20 regulations and amendments and changes thereto from the
21 Department of Management Services and prior to any purchase
22 have reported to it by its staff, and give consideration to
23 the lowest price available to it under such regulations,
24 provided a regulation applicable to the item or items being
25 purchased has been adopted by the department. The department
26 should meet with educational administrators to expand the
27 inventory of standard items for common usage in all schools
28 and postsecondary educational institutions.
29 (k) Protection against loss.--Provide for adequate
30 protection against any loss or damage to school property or
31 loss resulting from any liability for which the district
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1 school board or its officers, agents, or employees may be
2 responsible under law. In fulfilling this responsibility, the
3 district school board may purchase insurance, to be
4 self-insured, to enter into risk management programs managed
5 by district school boards, school-related associations, or
6 insurance companies, or to have any combination thereof in any
7 area to the extent the district school board is either
8 authorized or required by law to contract for insurance. Any
9 risk management program entered into pursuant to this
10 subsection shall provide for strict accountability of all
11 funds to the member district school boards and an annual audit
12 by an independent certified public accountant of all receipts
13 and disbursements.
14 (l) Internal auditor.--May employ an internal auditor
15 to perform ongoing financial verification of the financial
16 records of the school district. The internal auditor shall
17 report directly to the district school board or its designee.
18 (m) Financial and performance audits.--In addition to
19 the audits required by ss. 11.45 and 218.39, may contract with
20 an independent certified public accountant to conduct a
21 financial or performance audit of its accounts and records
22 retained by it and paid from its public funds.
23 (11) RECORDS AND REPORTS.--Provide for the keeping of
24 all necessary records and the making of all needed or required
25 reports, as follows:
26 (a) Forms, blanks, and reports.--Require all employees
27 to keep accurately all records and to make promptly in the
28 proper form all reports required by law or by rules of the
29 State Board of Education.
30 (b) Reports to the department.--Require that the
31 district school superintendent prepare all reports to the
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1 Department of Education that may be required by law or rules
2 of the State Board of Education; see that all such reports are
3 promptly transmitted to the department; withhold the further
4 payment of salary to the superintendent or employee when
5 notified by the department that he or she has failed to file
6 any report within the time or in the manner prescribed; and
7 continue to withhold the salary until the district school
8 board is notified by the department that such report has been
9 received and accepted, provided that when any report has not
10 been received by the date due and after due notice has been
11 given to the district school board of that fact, the
12 department, if it deems necessary, may require the report to
13 be prepared by a member of its staff, and the district school
14 board shall pay all expenses connected therewith. Any member
15 of the district school board who is responsible for the
16 violation of this provision is subject to suspension and
17 removal.
18 (c) Reports to parents.--Require that, at regular
19 intervals, reports are made by school principals or teachers
20 to parents, apprising them of the progress being made by the
21 students in their studies and giving other needful
22 information.
23 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
24 BOARDS.--May establish and participate in educational
25 consortia that are designed to provide joint programs and
26 services to cooperating school districts, consistent with the
27 provisions of s. 4(b), Art. IX of the State Constitution. The
28 State Board of Education shall adopt rules providing for the
29 establishment, funding, administration, and operation of such
30 consortia.
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1 (13) ENFORCEMENT OF LAW AND RULES.--Require that all
2 laws and rules of the State Board of Education or of the
3 district school board are properly enforced.
4 (14) SCHOOL LUNCH PROGRAM.--Assume such
5 responsibilities and exercise such powers and perform such
6 duties as may be assigned to it by law or as may be required
7 by rules of the State Board of Education or, as in the opinion
8 of the district school board, are necessary to ensure school
9 lunch services, consistent with needs of students; effective
10 and efficient operation of the program; and the proper
11 articulation of the school lunch program with other phases of
12 education in the district.
13 (15) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT
14 PROGRAM.--
15 (a) Adopt procedures whereby the general public can be
16 adequately informed of the educational programs, needs, and
17 objectives of public education within the district, including
18 educational opportunities available through the Florida
19 Virtual School.
20 (b) Encourage teachers and administrators to keep
21 parents informed of student progress, student programs,
22 student attendance requirements pursuant to ss. 1003.26,
23 1003.27, 414.1251, and 984.151, and availability of resources
24 for academic assistance.
25 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
26 ACCOUNTABILITY.--Maintain a system of school improvement and
27 education accountability as provided by statute and State
28 Board of Education rule. This system of school improvement and
29 education accountability shall be consistent with, and
30 implemented through, the district's continuing system of
31 planning and budgeting required by this section and ss.
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1 1008.385, 1010.01, and 1011.01. This system of school
2 improvement and education accountability shall include, but is
3 not limited to, the following:
4 (a) School improvement plans.--Annually approve and
5 require implementation of a new, amended, or continuation
6 school improvement plan for each school in the district,
7 except that a district school board may establish a district
8 school improvement plan that includes all schools in the
9 district operating for the purpose of providing educational
10 services to youth in Department of Juvenile Justice programs.
11 Such plan shall be designed to achieve the state education
12 priorities pursuant to s. 1000.03(5) and student performance
13 standards. Each plan shall also address issues relative to
14 budget, training, instructional materials, technology,
15 staffing, student support services, specific school safety and
16 discipline strategies, and other matters of resource
17 allocation, as determined by district school board policy, and
18 shall be based on an analysis of student achievement and other
19 school performance data.
20 (b) Approval process.--Develop a process for approval
21 of a school improvement plan presented by an individual school
22 and its advisory council. In the event a district school board
23 does not approve a school improvement plan after exhausting
24 this process, the Department of Education shall be notified of
25 the need for assistance.
26 (c) Assistance and intervention.--
27 1. Develop a 2-year plan of increasing individualized
28 assistance and intervention for each school in danger of not
29 meeting state standards or making adequate progress, as
30 defined pursuant to statute and State Board of Education rule,
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1 toward meeting the goals and standards of its approved school
2 improvement plan.
3 2. Provide assistance and intervention to a school
4 that is identified as being in performance grade category "D"
5 pursuant to s. 1008.34 and is in danger of failing.
6 3. Develop a plan to encourage teachers with
7 demonstrated mastery in improving student performance to
8 remain at or transfer to a school designated as performance
9 grade category "D" or "F" or to an alternative school that
10 serves disruptive or violent youths. If a classroom teacher,
11 as defined by s. 1012.01(2)(a), who meets the definition of
12 teaching mastery developed according to the provisions of this
13 paragraph, requests assignment to a school designated as
14 performance grade category "D" or "F" or to an alternative
15 school that serves disruptive or violent youths, the district
16 school board shall make every practical effort to grant the
17 request.
18 4. Prioritize, to the extent possible, the
19 expenditures of funds received from the supplemental academic
20 instruction categorical fund under s. 1011.62(1)(f) to improve
21 student performance in schools that receive a performance
22 grade category designation of "D" or "F."
23 (d) After 2 years.--Notify the Commissioner of
24 Education and the State Board of Education in the event any
25 school does not make adequate progress toward meeting the
26 goals and standards of a school improvement plan by the end of
27 2 years of failing to make adequate progress and proceed
28 according to guidelines developed pursuant to statute and
29 State Board of Education rule. School districts shall provide
30 intervention and assistance to schools in danger of being
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1 designated as performance grade category "F," failing to make
2 adequate progress.
3 (e) Public disclosure.--Provide information regarding
4 performance of students and educational programs as required
5 pursuant to ss. 1008.385 and 1008.22 and implement a system of
6 school reports as required by statute and State Board of
7 Education rule that shall include schools operating for the
8 purpose of providing educational services to youth in
9 Department of Juvenile Justice programs, and for those
10 schools, report on the elements specified in s. 1003.52(20).
11 Annual public disclosure reports shall be in an easy-to-read
12 report card format and shall include the school's student and
13 school performance grade category designation and performance
14 data as specified in state board rule.
15 (f) School improvement funds.--Provide funds to
16 schools for developing and implementing school improvement
17 plans. Such funds shall include those funds appropriated for
18 the purpose of school improvement pursuant to s. 24.121(5)(c).
19 (17) LOCAL-LEVEL DECISIONMAKING.--
20 (a) Adopt policies that clearly encourage and enhance
21 maximum decisionmaking appropriate to the school site. Such
22 policies must include guidelines for schools in the adoption
23 and purchase of district and school site instructional
24 materials and technology, staff training, school advisory
25 council member training, student support services, budgeting,
26 and the allocation of staff resources.
27 (b) Adopt waiver process policies to enable all
28 schools to exercise maximum flexibility and notify advisory
29 councils of processes to waive school district and state
30 policies.
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1 (c) Develop policies for periodically monitoring the
2 membership composition of school advisory councils to ensure
3 compliance with requirements established in s. 1001.452.
4 (d) Adopt policies that assist in giving greater
5 autonomy, including authority over the allocation of the
6 school's budget, to schools designated as performance grade
7 category "A," making excellent progress, and schools rated as
8 having improved at least two performance grade categories.
9 (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies
10 allowing students attending schools that have been designated
11 as performance grade category "F," failing to make adequate
12 progress, for 2 school years in a 4-year period to attend a
13 higher performing school in the district or an adjoining
14 district or be granted a state opportunity scholarship to a
15 private school, in conformance with s. 1002.38 and State Board
16 of Education rule.
17 (19) AUTHORITY TO DECLARE AN EMERGENCY.--May declare
18 an emergency in cases in which one or more schools in the
19 district are failing or are in danger of failing and negotiate
20 special provisions of its contract with the appropriate
21 bargaining units to free these schools from contract
22 restrictions that limit the school's ability to implement
23 programs and strategies needed to improve student performance.
24 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
25 anonymity of students in large schools, adopt policies to
26 encourage any school that does not meet the definition of a
27 small school, as established by s. 1013.43(2), to subdivide
28 into schools-within-a-school, that shall operate within
29 existing resources in accordance with the provisions of
30 chapter 1003.
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1 (21) FLORIDA VIRTUAL SCHOOL.--Provide students with
2 access to enroll in courses available through the Florida
3 Virtual School and award credit for successful completion of
4 such courses. Access shall be available to students during or
5 after the normal school day, and through summer school
6 enrollment.
7 (22) ADOPT RULES.--Adopt rules pursuant to ss.
8 120.536(1) and 120.54 to implement this section.
9 Section 56. Section 1001.43, Florida Statutes, is
10 created to read:
11 1001.43 Supplemental powers and duties of district
12 school board.--The district school board may exercise the
13 following supplemental powers and duties as authorized by this
14 code or State Board of Education rule.
15 (1) STUDENT MANAGEMENT.--The district school board may
16 adopt programs and policies to ensure the safety and welfare
17 of individuals, the student body, and school personnel, which
18 programs and policies may:
19 (a) Prohibit the possession of weapons and drugs on
20 campus, student hazing, and other activities that could
21 threaten the operation of the school or the safety and welfare
22 of the student body or school personnel.
23 (b) Require uniforms to be worn by the student body,
24 or impose other dress-related requirements, if the district
25 school board finds that those requirements are necessary for
26 the safety or welfare of the student body or school personnel.
27 (c) Provide procedures for student dismissal
28 precautions and for granting permission for students to leave
29 school grounds during school hours, including releasing a
30 student from school upon request by a parent or for public
31 appearances of school groups.
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1 (d) Provide procedures for managing protests,
2 demonstrations, sit-ins, walk-outs, or other acts of civil
3 disobedience.
4 (e) Provide procedures for detaining students and for
5 readmission of students after expulsion.
6 (f) Regulate student automobile use and parking.
7 (2) FISCAL MANAGEMENT.--The district school board may
8 adopt policies providing for fiscal management of the school
9 district with respect to school purchasing, facilities,
10 nonstate revenue sources, budgeting, fundraising, and other
11 activities relating to the fiscal management of district
12 resources, including, but not limited to, the policies
13 governing:
14 (a) Sales calls and demonstrations by agents,
15 solicitors, salespersons, and vendors on campus; local
16 preference criteria for vendors; specifications for quantity
17 purchasing; prioritization of awards for bids; declining bid
18 awards; and purchase requisitions, approvals, and routing.
19 (b) Sales by booster clubs; marathon fundraisers; and
20 student sales of candy, paper products, or other goods
21 authorized by the district school board.
22 (c) Inventory and disposal of district property; use
23 of safe-deposit boxes; and selection of real estate
24 appraisers.
25 (d) Payment of contractors and other service
26 providers.
27 (e) Accounting systems; petty cash accounts procedures
28 and reporting; school activities funds procedures and
29 reporting; management and reporting of grants from private
30 sources; and management of funds, including auxiliary
31 enterprise funds.
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1 (f) District budgeting system, including setting
2 budget deadlines and schedules, budget planning, and
3 implementation and determination of budget priorities.
4 (3) INSTRUCTIONAL AIDS.--The district school board may
5 adopt policies providing for innovative teaching techniques,
6 teaching programs and methods, instructional aids and
7 objectives, extracurricular and interscholastic activities,
8 and supplemental programs including, but not limited to,
9 policies providing for:
10 (a) Use of technology, including appropriate use of
11 the Internet as a tool for learning.
12 (b) Instructional priorities and objectives, pilot
13 projects and evaluations, curriculum adoption and design, and
14 lesson planning.
15 (c) Extracurricular and interscholastic activities,
16 including field trips, publishing a student newspaper and
17 other publications, and special programs relating to the arts,
18 music, or other topics of current interest.
19 (d) Participation in physical education programs,
20 including appropriate physical education attire and protective
21 gear; programs for exceptional students; summer school; and
22 the Title I program, including comparability procedures.
23 (4) FACILITIES MANAGEMENT.--The district school board
24 may adopt policies providing for management of the physical
25 campus and its environs, including, but not limited to, energy
26 conservation measures; building and ground maintenance;
27 fencing, landscaping, and other property improvements; site
28 acquisition; new construction and renovation; dedication and
29 rededication or naming and renaming of district buildings and
30 other district facilities; and development of facilities
31 management planning and priorities.
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1 (5) SCHOOL COMMUNITY RELATIONS.--The district school
2 board may adopt policies governing public gifts and donations
3 to schools; input from the community concerning instruction
4 resources; advertising in schools; participation in community
5 affairs, including coordination with local governments and
6 planning authorities; protocols for interagency agreements;
7 business community partnerships; community use of school
8 facilities; public solicitations in schools, including the
9 distribution and posting of promotional materials and
10 literature; visitors to the school campus; school advisory
11 councils; and parent volunteers and chaperones.
12 (6) LEGAL ISSUES.--The district school board may adopt
13 policies and procedures necessary to implement federal
14 mandates and programs, court orders, and other legal
15 requirements of the state.
16 (7) FIRST AID AND EMERGENCIES.--The district school
17 board may adopt programs and policies to ensure appropriate
18 response in emergency situations; the provision of first aid
19 to individuals, the student body, and school personnel; and
20 the effective management of student illness, which programs
21 and policies may include, but are not limited to:
22 (a) The provision of first aid and emergency medical
23 care and the provision of school health care facilities and
24 services.
25 (b) The provision of school safety patrol.
26 (c) Procedures for reporting hazards, including
27 threats of nature, bomb threats, threatening messages, and
28 similar occurrences, and the provision of warning systems
29 including alarm systems and other technical devices.
30 (d) Procedures for evacuating the classrooms,
31 playground, or any other district facility.
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1 (e) Procedures for reporting accidents, including
2 traffic accidents and traffic violations involving
3 district-owned vehicles.
4 (f) Student insurance programs.
5 (8) STUDENT ASSESSMENT AND AFFAIRS.--The district
6 school board may adopt policies and procedures governing
7 attendance monitoring and checks; truancy; graduation
8 requirements and graduation exercises; fees, fines, and
9 charges imposed on students; evaluation of student records and
10 transcripts; transfer of student records; grading and academic
11 evaluation of students; tests and examinations, including
12 early examinations; guidance and counseling; and student
13 participation in competitions, student performances and
14 exhibitions, contests for students, and social events.
15 (9) ADMINISTRATIVE SUPPORT SERVICES.--The district
16 school board may adopt policies and procedures governing
17 purchase of property insurance, including comprehensive
18 general liability insurance; transportation of students for
19 extracurricular activities and special events, including
20 transportation of students in privately owned vehicles;
21 transportation of district personnel, including personal use
22 of district owned vehicles; computer security and computer
23 room access and computer database resources; mail and delivery
24 services, including use of couriers; copyright compliance; and
25 computerized data systems, including computer use,
26 transmission of data, access to the Internet, and other
27 technology-based services.
28 (10) DISTRICT SCHOOL BOARD GOVERNANCE AND
29 OPERATIONS.--The district school board may adopt policies and
30 procedures necessary for the daily business operation of the
31 district school board, including, but not limited to, the
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1 provision of legal services for the district school board;
2 conducting a district legislative program; district school
3 board member participation at conferences, conventions, and
4 workshops, including member compensation and reimbursement for
5 expenses; district school board policy development, adoption,
6 and repeal; district school board meeting procedures,
7 including participation via telecommunications networks, use
8 of technology at meetings, and presentations by nondistrict
9 personnel; citizen communications with the district school
10 board and with individual district school board members;
11 collaboration with local government and other entities as
12 required by law; and organization of the district school
13 board, including special committees and advisory committees.
14 (11) PERSONNEL.--The district school board may adopt
15 policies and procedures necessary for the management of all
16 personnel of the school system.
17 (12) COOPERATION WITH COMMUNITY COLLEGES.--The
18 district school board shall work with the community colleges
19 in the district to ensure that the community college students
20 have access to remedial education.
21 Section 57. Section 1001.44, Florida Statutes, is
22 created to read:
23 1001.44 Technical centers.--
24 (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE
25 TECHNICAL CENTERS.--Any district school board, after first
26 obtaining the approval of the Department of Education, may, as
27 a part of the district school system, organize, establish and
28 operate a technical center, or acquire and operate a technical
29 school previously established.
30 (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
31 ESTABLISH OR ACQUIRE TECHNICAL CENTERS.--The district school
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1 boards of any two or more contiguous districts may, upon first
2 obtaining the approval of the department, enter into an
3 agreement to organize, establish and operate, or acquire and
4 operate, a technical center under this section.
5 (3) TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM
6 DIRECTED BY A DIRECTOR.--
7 (a) A technical center established or acquired under
8 provisions of law and minimum standards prescribed by the
9 commissioner shall comprise a part of the district school
10 system and shall mean an educational institution offering
11 terminal courses of a technical nature, and courses for
12 out-of-school youth and adults; shall be subject to all
13 applicable provisions of this code; shall be under the control
14 of the district school board of the school district in which
15 it is located; and shall be directed by a director responsible
16 through the district school superintendent to the district
17 school board of the school district in which the center is
18 located.
19 (b) Each technical center shall maintain an academic
20 transcript for each student enrolled in the center. Such
21 transcript shall delineate each course completed by the
22 student. Courses shall be delineated by the course prefix and
23 title assigned pursuant to s. 1007.24. The center shall make
24 a copy of a student's transcript available to any student who
25 requests it.
26 Section 58. Section 1001.451, Florida Statutes, is
27 created to read:
28 1001.451 Regional consortium service
29 organizations.--In order to provide a full range of programs
30 to larger numbers of students, minimize duplication of
31
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1 services, and encourage the development of new programs and
2 services:
3 (1) School districts with 20,000 or fewer unweighted
4 full-time equivalent students may enter into cooperative
5 agreements to form a regional consortium service organization.
6 Each regional consortium service organization shall provide,
7 at a minimum, three of the following services: exceptional
8 student education; teacher education centers; environmental
9 education; federal grant procurement and coordination; data
10 processing; health insurance; risk management insurance; staff
11 development; purchasing; or planning and accountability.
12 (2)(a) Each regional consortium service organization
13 that consists of four or more school districts is eligible to
14 receive, through the Department of Education, an incentive
15 grant of $25,000 per school district to be used for the
16 delivery of services within the participating school
17 districts.
18 (b) Application for incentive grants shall be made to
19 the Commissioner of Education by July 30 of each year for
20 distribution to qualifying regional consortium service
21 organizations by January 1 of the fiscal year.
22 Section 59. Section 1001.452, Florida Statutes, is
23 created to read:
24 1001.452 District and school advisory councils.--
25 (1) ESTABLISHMENT.--
26 (a) The district school board shall establish an
27 advisory council for each school in the district and shall
28 develop procedures for the election and appointment of
29 advisory council members. Each school advisory council shall
30 include in its name the words "school advisory council." The
31 school advisory council shall be the sole body responsible for
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1 final decisionmaking at the school relating to implementation
2 of the provisions of ss. 1008.345, and 1001.42(16). A majority
3 of the members of each school advisory council must be persons
4 who are not employed by the school. Each advisory council
5 shall be composed of the principal and an appropriately
6 balanced number of teachers, education support employees,
7 students, parents, and other business and community citizens
8 who are representative of the ethnic, racial, and economic
9 community served by the school. Technical center and high
10 school advisory councils shall include students, and middle
11 and junior high school advisory councils may include students.
12 School advisory councils of technical and adult education
13 centers are not required to include parents as members.
14 Council members representing teachers, education support
15 employees, students, and parents shall be elected by their
16 respective peer groups at the school in a fair and equitable
17 manner as follows:
18 1. Teachers shall be elected by teachers.
19 2. Education support employees shall be elected by
20 education support employees.
21 3. Students shall be elected by students.
22 4. Parents shall be elected by parents.
23
24 The district school board shall establish procedures for use
25 by schools in selecting business and community members that
26 include means of ensuring wide notice of vacancies and of
27 taking input on possible members from local business, chambers
28 of commerce, community and civic organizations and groups, and
29 the public at large. The district school board shall review
30 the membership composition of each advisory council. If the
31 district school board determines that the membership elected
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1 by the school is not representative of the ethnic, racial, and
2 economic community served by the school, the district school
3 board shall appoint additional members to achieve proper
4 representation. The commissioner shall determine if schools
5 have maximized their efforts to include on their advisory
6 councils minority persons and persons of lower socioeconomic
7 status. Although schools are strongly encouraged to establish
8 school advisory councils, the district school board of any
9 school district that has a student population of 10,000 or
10 fewer may establish a district advisory council which shall
11 include at least one duly elected teacher from each school in
12 the district. For the purposes of school advisory councils
13 and district advisory councils, the term "teacher" shall
14 include classroom teachers, certified student services
15 personnel, and media specialists. For purposes of this
16 paragraph, "education support employee" means any person
17 employed by a school who is not defined as instructional or
18 administrative personnel pursuant to s. 1012.01 and whose
19 duties require 20 or more hours in each normal working week.
20 (b) The district school board may establish a district
21 advisory council representative of the district and composed
22 of teachers, students, parents, and other citizens or a
23 district advisory council that may be comprised of
24 representatives of each school advisory council. Recognized
25 schoolwide support groups that meet all criteria established
26 by law or rule may function as school advisory councils.
27 (c) For those schools operating for the purpose of
28 providing educational services to youth in Department of
29 Juvenile Justice programs, district school boards may
30 establish a district advisory council with appropriate
31 representatives for the purpose of developing and monitoring a
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1 district school improvement plan that encompasses all such
2 schools in the district, pursuant to s. 1001.42(16)(a).
3 (2) DUTIES.--Each advisory council shall perform such
4 functions as are prescribed by regulations of the district
5 school board; however, no advisory council shall have any of
6 the powers and duties now reserved by law to the district
7 school board. Each school advisory council shall assist in the
8 preparation and evaluation of the school improvement plan
9 required pursuant to s. 1001.42(16). With technical assistance
10 from the Department of Education, each school advisory council
11 shall assist in the preparation of the school's annual budget
12 and plan as required by s. 1008.385(1). A portion of funds
13 provided in the annual General Appropriations Act for use by
14 school advisory councils must be used for implementing the
15 school improvement plan.
16 Section 60. Section 1001.453, Florida Statutes, is
17 created to read:
18 1001.453 Direct-support organization; use of property;
19 board of directors; audit.--
20 (1) DEFINITIONS.--For the purposes of this section,
21 the term:
22 (a) "District school board direct-support
23 organization" means an organization that:
24 1. Is approved by the district school board;
25 2. Is a Florida corporation not for profit,
26 incorporated under the provisions of chapter 617 and approved
27 by the Department of State; and
28 3. Is organized and operated exclusively to receive,
29 hold, invest, and administer property and to make expenditures
30 to or for the benefit of public kindergarten through 12th
31
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1 grade education and adult career and technical and community
2 education programs in this state.
3 (b) "Personal services" includes full-time or
4 part-time personnel, as well as payroll processing.
5 (2) USE OF PROPERTY.--A district school board:
6 (a) Is authorized to permit the use of property,
7 facilities, and personal services of the district by a
8 direct-support organization, subject to the provisions of this
9 section.
10 (b) Shall prescribe by rule conditions with which a
11 district school board direct-support organization must comply
12 in order to use property, facilities, or personal services of
13 the district. Adoption of such rules shall be coordinated with
14 the Department of Education. The rules shall provide for
15 budget and audit review and oversight by the district school
16 board and the department.
17 (c) Shall not permit the use of property, facilities,
18 or personal services of a direct-support organization if such
19 organization does not provide equal employment opportunities
20 to all persons, regardless of race, color, religion, sex, age,
21 or national origin.
22 (3) BOARD OF DIRECTORS.--The board of directors of the
23 district school board direct-support organization shall be
24 approved by the district school board.
25 (4) ANNUAL AUDIT.--Each direct-support organization
26 with more than $100,000 in expenditures or expenses shall
27 provide for an annual financial audit of its accounts and
28 records, to be conducted by an independent certified public
29 accountant in accordance with rules adopted by the Auditor
30 General pursuant to s. 11.45(8) and the Commissioner of
31 Education. The annual audit report shall be submitted within 9
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1 months after the fiscal year's end to the district school
2 board and the Auditor General. The Commissioner of Education,
3 the Auditor General, and the Office of Program Policy Analysis
4 and Government Accountability have the authority to require
5 and receive from the organization or the district auditor any
6 records relative to the operation of the organization. The
7 identity of donors and all information identifying donors and
8 prospective donors are confidential and exempt from the
9 provisions of s. 119.07(1), and that anonymity shall be
10 maintained in the auditor's report. All other records and
11 information shall be considered public records for the
12 purposes of chapter 119.
13 Section 61. Part II.b. of chapter 1001, Florida
14 Statutes, shall be entitled "District School Superintendents"
15 and shall consist of ss. 1001.46-1001.53.
16 Section 62. Section 1001.46, Florida Statutes, is
17 created to read:
18 1001.46 District school superintendent; election and
19 term of office.--The district school superintendent shall be
20 elected for a term of 4 years or until the election or
21 appointment and qualification of his or her successor.
22 Section 63. Section 1001.461, Florida Statutes, is
23 created to read:
24 1001.461 District school superintendent; procedures
25 for making office appointive.--
26 (1) Pursuant to the provisions of s. 5, Art. IX of the
27 State Constitution, the district school superintendent shall
28 be appointed by the district school board in a school district
29 wherein the proposition is affirmed by a majority of the
30 qualified electors voting in the same election making the
31 office of district school superintendent appointive.
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1 (2) To submit the proposition to the electors, the
2 district school board by formal resolution shall request an
3 election, that shall be at a general election or a statewide
4 primary or special election. The board of county
5 commissioners, upon such timely request from the district
6 school board, shall cause to be placed on the ballot at such
7 election the proposition to make the office of district school
8 superintendent appointive.
9 (3) Any district adopting the appointive method for
10 its district school superintendent may after 4 years return to
11 its former status and reject the provisions of this section by
12 following the same procedure outlined in subsection (2) for
13 adopting the provisions thereof.
14 Section 64. Section 1001.462, Florida Statutes, is
15 created to read:
16 1001.462 Oath of district school
17 superintendent.--Before entering upon the duties of his or her
18 office, the district school superintendent shall take the oath
19 of office prescribed by the State Constitution.
20 Section 65. Section 1001.463, Florida Statutes, is
21 created to read:
22 1001.463 Vacancy in office of district school
23 superintendent.--The office of district school superintendent
24 in any district shall be vacant when the district school
25 superintendent removes his or her residence from the district.
26 Section 66. Section 1001.464, Florida Statutes, is
27 created to read:
28 1001.464 District school superintendent to devote full
29 time to office.--The position of district school
30 superintendent shall be considered a full-time position.
31
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1 Section 67. Section 1001.47, Florida Statutes, is
2 created to read:
3 1001.47 District school superintendent; salary.--
4 (1) Each district school superintendent shall receive
5 as salary the amount indicated pursuant to this section.
6 However, a district school board, by majority vote, may
7 approve a salary in excess of the amount specified in this
8 section.
9 (2) Notwithstanding the provisions of chapter 145 to
10 the contrary, the annual salaries of elected district school
11 superintendents for 1993 and each year thereafter shall be
12 established at the same amounts as the district school
13 superintendents were paid for fiscal year 1991-1992, adjusted
14 by each annual increase provided for in chapter 145.
15 (3) This section does not apply to a district school
16 superintendent appointed pursuant to the terms of s. 1001.50.
17 (4)(a) There shall be an additional $2,000 per year
18 special qualification salary for each district school
19 superintendent who has met the certification requirements
20 established by the Department of Education. Any district
21 school superintendent who is certified during a calendar year
22 shall receive in that year a pro rata share of the special
23 qualification salary based on the remaining period of the
24 year.
25 (b) In order to qualify for the special qualification
26 salary provided by paragraph (a), the district school
27 superintendent must complete the requirements established by
28 the Department of Education within 6 years after first taking
29 office.
30 (c) After a district school superintendent meets the
31 requirements of paragraph (a), in order to remain certified
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1 the district school superintendent shall thereafter be
2 required to complete each year a course of continuing
3 education as prescribed by the Department of Education.
4 (5)(a) The Department of Education shall provide a
5 leadership development and performance compensation program
6 for district school superintendents, comparable to chief
7 executive officer development programs for corporate executive
8 officers, to include:
9 1. A content-knowledge-and-skills phase consisting of:
10 creative leadership models and theory, demonstration of
11 effective practice, simulation exercises and personal skills
12 practice, and assessment with feedback, taught in a
13 professional training setting under the direction of
14 experienced, successful trainers.
15 2. A competency-acquisition phase consisting of
16 on-the-job application of knowledge and skills for a period of
17 not less than 6 months following the successful completion of
18 the content-knowledge-and-skills phase. The
19 competency-acquisition phase shall be supported by adequate
20 professional technical assistance provided by experienced
21 trainers approved by the department. Competency acquisition
22 shall be demonstrated through assessment and feedback.
23 (b) Upon the successful completion of both phases and
24 demonstrated successful performance, as determined by the
25 department, a district school superintendent shall be issued a
26 Chief Executive Officer Leadership Development Certificate and
27 shall be given an annual performance salary incentive of not
28 less than $3,000 or more than $7,500 based upon his or her
29 performance evaluation.
30 (c) A district school superintendent's eligibility to
31 continue receiving the annual performance salary incentive is
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1 contingent upon his or her continued performance assessment
2 and followup training prescribed by the department.
3 Section 68. Section 1001.48, Florida Statutes, is
4 created to read:
5 1001.48 Secretary and executive officer of the
6 district school board.--The district school superintendent
7 shall be the secretary and executive officer of the district
8 school board, provided that when the district school
9 superintendent is required to be absent on account of
10 performing services in the volunteer forces of the United
11 States or in the National Guard of the state or in the regular
12 Army or Navy of the United States, when said district school
13 superintendent shall be called into active training or service
14 of the United States under an Act of Congress or pursuant to a
15 proclamation by the President of the United States, the
16 district school superintendent shall then be entitled to a
17 leave of absence not to exceed the remaining portion of the
18 term for which he or she was elected.
19 Section 69. Section 1001.49, Florida Statutes, is
20 created to read:
21 1001.49 General powers of district school
22 superintendent.--The district school superintendent shall have
23 the authority, and when necessary for the more efficient and
24 adequate operation of the district school system, the district
25 school superintendent shall exercise the following powers:
26 (1) GENERAL OVERSIGHT.--Exercise general oversight
27 over the district school system in order to determine problems
28 and needs, and recommend improvements.
29 (2) ADVISE, COUNSEL, AND RECOMMEND TO DISTRICT SCHOOL
30 BOARD.--Advise and counsel with the district school board on
31
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1 all educational matters and recommend to the district school
2 board for action such matters as should be acted upon.
3 (3) RECOMMEND POLICIES.--Recommend to the district
4 school board for adoption such policies pertaining to the
5 district school system as the district school superintendent
6 may consider necessary for its more efficient operation.
7 (4) RECOMMEND AND EXECUTE RULES.--Prepare and organize
8 by subjects and submit to the district school board for
9 adoption such rules to supplement those adopted by the State
10 Board of Education as, in the district school superintendent's
11 opinion, will contribute to the efficient operation of any
12 aspect of education in the district. When rules have been
13 adopted, the district school superintendent shall see that
14 they are executed.
15 (5) RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From
16 time to time prepare, organize by subject, and submit to the
17 district school board for adoption such minimum standards
18 relating to the operation of any phase of the district school
19 system as are needed to supplement those adopted by the State
20 Board of Education and as will contribute to the efficient
21 operation of any aspect of education in the district and
22 ensure that minimum standards adopted by the district school
23 board and the state board are observed.
24 (6) PERFORM DUTIES AND EXERCISE
25 RESPONSIBILITIES.--Perform such duties and exercise such
26 responsibilities as are assigned to the district school
27 superintendent by law and by rules of the State Board of
28 Education.
29 Section 70. Section 1001.50, Florida Statutes, is
30 created to read:
31
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1 1001.50 Superintendents employed under Art. IX of the
2 State Constitution.--
3 (1) In every district authorized to employ a district
4 school superintendent under Art. IX of the State Constitution,
5 the district school superintendent shall be the executive
6 officer of the district school board and shall not be subject
7 to the provisions of law, either general or special, relating
8 to tenure of employment or contracts of other school
9 personnel. The district school superintendent's duties
10 relating to the district school system shall be as provided by
11 law and rules of the State Board of Education.
12 (2) The district school board of each of such
13 districts shall enter into contracts of employment with the
14 district school superintendent and shall adopt rules relating
15 to his or her appointment.
16 (3) The district school board of each such district
17 shall pay to the district school superintendent a reasonable
18 annual salary. In determining the amount of compensation to be
19 paid, the board shall take into account such factors as:
20 (a) The population of the district.
21 (b) The rate and character of population growth.
22 (c) The size and composition of the student body to be
23 served.
24 (d) The geographic extent of the district.
25 (e) The number and character of the schools to be
26 supervised.
27 (f) The educational qualifications, professional
28 experience, and age of the candidate for the position of
29 district school superintendent.
30 Section 71. Section 1001.51, Florida Statutes, is
31 created to read:
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1 1001.51 Duties and responsibilities of district school
2 superintendent.--The district school superintendent shall
3 exercise all powers and perform all duties listed below and
4 elsewhere in the law, provided that, in so doing, he or she
5 shall advise and counsel with the district school board. The
6 district school superintendent shall perform all tasks
7 necessary to make sound recommendations, nominations,
8 proposals, and reports required by law to be acted upon by the
9 district school board. All such recommendations, nominations,
10 proposals, and reports by the district school superintendent
11 shall be either recorded in the minutes or shall be made in
12 writing, noted in the minutes, and filed in the public records
13 of the district school board. It shall be presumed that, in
14 the absence of the record required in this section, the
15 recommendations, nominations, and proposals required of the
16 district school superintendent were not contrary to the action
17 taken by the district school board in such matters.
18 (1) ASSIST IN ORGANIZATION OF DISTRICT SCHOOL
19 BOARD.--Preside at the organization meeting of the district
20 school board and transmit to the Department of Education,
21 within 2 weeks following such meeting, a certified copy of the
22 proceedings of organization, including the schedule of regular
23 meetings, and the names and addresses of district school
24 officials.
25 (2) REGULAR AND SPECIAL MEETINGS OF THE DISTRICT
26 SCHOOL BOARD.--Attend all regular meetings of the district
27 school board, call special meetings when emergencies arise,
28 and advise, but not vote, on questions under consideration.
29 (3) RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep
30 minutes of all official actions and proceedings of the
31 district school board and keep such other records, including
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1 records of property held or disposed of by the district school
2 board, as may be necessary to provide complete information
3 regarding the district school system.
4 (4) SCHOOL PROPERTY.--Act for the district school
5 board as custodian of school property.
6 (5) SCHOOL PROGRAM; PREPARE PLANS.--Supervise the
7 assembling of data and sponsor studies and surveys essential
8 to the development of a planned school program for the entire
9 district and prepare and recommend such a program to the
10 district school board as the basis for operating the district
11 school system.
12 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
13 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,
14 organization, and operation of such schools, classes, and
15 services as are needed to provide adequate educational
16 opportunities for all children in the district.
17 (7) PERSONNEL.--Be responsible, as required herein,
18 for directing the work of the personnel, subject to the
19 requirements of chapter 1012.
20 (8) COURSES OF STUDY AND OTHER INSTRUCTIONAL
21 AIDS.--Recommend such plans for improving, providing,
22 distributing, accounting for, and caring for textbooks and
23 other instructional aids as will result in general improvement
24 of the district school system, as prescribed in chapter 1006.
25 (9) TRANSPORTATION OF STUDENTS.--Provide for student
26 transportation as prescribed in s. 1006.21.
27 (10) SCHOOL PLANT.--Recommend plans, and execute such
28 plans as are approved, regarding all phases of the school
29 plant program, as prescribed in chapter 1013.
30 (11) FINANCE.--Recommend measures to the district
31 school board to assure adequate educational facilities
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1 throughout the district, in accordance with the financial
2 procedure authorized in chapters 1010 and 1011 and as
3 prescribed below:
4 (a) Plan for operating all schools for minimum
5 term.--Determine and recommend district funds necessary in
6 addition to state funds to provide for at least a 180-day
7 school term or the equivalent on an hourly basis as specified
8 by rules adopted by the State Board of Education and recommend
9 plans for ensuring the operation of all schools for the term
10 authorized by the district school board.
11 (b) Annual budget.--Prepare the annual school budget
12 to be submitted to the district school board for adoption
13 according to law and submit this budget, when adopted by the
14 district school board, to the Department of Education on or
15 before the date required by rules of the State Board of
16 Education.
17 (c) Tax levies.--Recommend to the district school
18 board, on the basis of the needs shown by the budget, the
19 amount of district school tax levy necessary to provide the
20 district school funds needed for the maintenance of the public
21 schools; recommend to the district school board the tax levy
22 required on the basis of the needs shown in the budget for the
23 district bond interest and sinking fund of each district; and
24 recommend to the district school board to be included on the
25 ballot at each district millage election the school district
26 tax levies necessary to carry on the school program.
27 (d) School funds.--Keep an accurate account of all
28 funds that should be transmitted to the district school board
29 for school purposes at various periods during the year and
30 ensure, insofar as possible, that these funds are transmitted
31 promptly and report promptly to the district school board any
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1 delinquencies or delays that occur in making available any
2 funds that should be made available for school purposes.
3 (e) Borrowing money.--Recommend when necessary the
4 borrowing of money as prescribed by law.
5 (f) Financial records and accounting.--Keep or have
6 kept accurate records of all financial transactions.
7 (g) Payrolls and accounts.--Maintain accurate and
8 current statements of accounts due to be paid by the district
9 school board; certify these statements as correct; liquidate
10 district school board obligations in accordance with the
11 official budget and rules of the district school board; and
12 prepare periodic reports as required by rules of the State
13 Board of Education, showing receipts, balances, and
14 disbursements to date, and file copies of such periodic
15 reports with the Department of Education.
16 (h) Bonds for employees.--Recommend the bonds of all
17 school employees who should be bonded in order to provide
18 reasonable safeguards for all school funds or property.
19 (i) Contracts.--After study of the feasibility of
20 contractual services with industry, recommend to the district
21 school board the desirable terms, conditions, and
22 specifications for contracts for supplies, materials, or
23 services to be rendered and see that materials, supplies, or
24 services are provided according to contract.
25 (j) Investment policies.--After careful examination,
26 recommend policies to the district school board that will
27 provide for the investment or deposit of school funds not
28 needed for immediate expenditures which shall earn the maximum
29 possible yield under the circumstances on such investments or
30 deposits. The district school superintendent shall cause to be
31 invested at all times all school moneys not immediately needed
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1 for expenditures pursuant to the policies of the district
2 school board.
3 (k) Protection against loss.--Recommend programs and
4 procedures to the district school board necessary to protect
5 the school system adequately against loss or damage to school
6 property or against loss resulting from any liability for
7 which the district school board or its officers, agents, or
8 employees may be responsible under law.
9 (l) Millage elections.--Recommend plans and procedures
10 for holding and supervising all school district millage
11 elections.
12 (m) Budgets and expenditures.--Prepare, after
13 consulting with the principals of the various schools,
14 tentative annual budgets for the expenditure of district funds
15 for the benefit of public school students of the district.
16 (n) Bonds.--Recommend the amounts of bonds to be
17 issued in the district and assist in the preparation of the
18 necessary papers for an election to determine whether the
19 proposed bond issue will be approved by the electors and, if
20 such bond issue be approved by the electors, recommend plans
21 for the sale of bonds and for the proper expenditure of the
22 funds derived therefrom.
23 (12) RECORDS AND REPORTS.--Recommend such records as
24 should be kept in addition to those prescribed by rules of the
25 State Board of Education; prepare forms for keeping such
26 records as are approved by the district school board; ensure
27 that such records are properly kept; and make all reports that
28 are needed or required, as follows:
29 (a) Forms, blanks, and reports.--Require that all
30 employees accurately keep all records and promptly make in
31 proper form all reports required by the education code or by
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1 rules of the State Board of Education; recommend the keeping
2 of such additional records and the making of such additional
3 reports as may be deemed necessary to provide data essential
4 for the operation of the school system; and prepare such forms
5 and blanks as may be required and ensure that these records
6 and reports are properly prepared.
7 (b) Reports to the department.--Prepare, for the
8 approval of the district school board, all reports that may be
9 required by law or rules of the State Board of Education to be
10 made to the department and transmit promptly all such reports,
11 when approved, to the department, as required by law. If any
12 such reports are not transmitted at the time and in the manner
13 prescribed by law or by State Board of Education rules, the
14 salary of the district school superintendent must be withheld
15 until the report has been properly submitted. Unless otherwise
16 provided by rules of the State Board of Education, the annual
17 report on attendance and personnel is due on or before July 1,
18 and the annual school budget and the report on finance are due
19 on the date prescribed by the commissioner.
20
21 Any district school superintendent who knowingly signs and
22 transmits to any state official a false or incorrect report
23 shall forfeit his or her right to any salary for the period of
24 1 year from that date.
25 (13) COOPERATION WITH OTHER AGENCIES.--
26 (a) Cooperation with governmental agencies in
27 enforcement of laws and rules.--Recommend plans for
28 cooperating with, and, on the basis of approved plans,
29 cooperate with federal, state, county, and municipal agencies
30 in the enforcement of laws and rules pertaining to all matters
31 relating to education and child welfare.
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1 (b) Identifying and reporting names of migratory
2 children, other information.--Recommend plans for identifying
3 and reporting to the Department of Education the name of each
4 child in the school district who qualifies according to the
5 definition of a migratory child, based on Pub. L. No. 95-561,
6 and for reporting such other information as may be prescribed
7 by the department.
8 (14) ENFORCEMENT OF LAWS AND RULES.--Require that all
9 laws and rules of the State Board of Education, as well as
10 supplementary rules of the district school board, are properly
11 observed and report to the district school board any violation
12 that the district school superintendent does not succeed in
13 having corrected.
14 (15) COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate
15 with the district school board in every manner practicable to
16 the end that the district school system may continuously be
17 improved.
18 (16) VISITATION OF SCHOOLS.--Visit the schools;
19 observe the management and instruction; give suggestions for
20 improvement; and advise supervisors, principals, teachers,
21 patrons, and other citizens with the view of promoting
22 interest in education and improving the school conditions of
23 the district.
24 (17) CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call
25 and conduct institutes and conferences with employees of the
26 district school board, school patrons, and other interested
27 citizens; organize and direct study and extension courses for
28 employees, advising them as to their professional studies; and
29 assist patrons and people generally in acquiring knowledge of
30 the aims, services, and needs of the schools.
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1 (18) PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend
2 such conferences for district school superintendents as may be
3 called or scheduled by the Department of Education and avail
4 himself or herself of means of professional and general
5 improvement so that he or she may function most efficiently.
6 (19) RECOMMEND REVOKING CERTIFICATES.--Recommend in
7 writing to the Department of Education the revoking of any
8 certificate for good cause, including a full statement of the
9 reason for the district school superintendent's
10 recommendation.
11 (20) MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with
12 the district school board and make available to his or her
13 successor, upon retiring from office, a complete inventory of
14 school equipment and other property, together with all
15 official records and such other records as may be needed in
16 supervising instruction and in administering the district
17 school system.
18 (21) RECOMMEND PROCEDURES FOR INFORMING GENERAL
19 PUBLIC.--Recommend to the district school board procedures
20 whereby the general public can be adequately informed of the
21 educational programs, needs, and objectives of public
22 education within the district.
23 (22) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend
24 procedures for implementing and maintaining a system of school
25 improvement and education accountability as provided by
26 statute and State Board of Education rule.
27 (23) OTHER DUTIES AND RESPONSIBILITIES.--Perform such
28 other duties as are assigned to the district school
29 superintendent by law or by rules of the State Board of
30 Education.
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1 Section 72. Section 1001.52, Florida Statutes, is
2 created to read:
3 1001.52 Reproduction and destruction of district
4 school records.--
5 (1) The purpose of this section is to reduce the
6 present space required by the district school systems for the
7 storage of their records and to permit the district school
8 superintendent to administer the affairs of the district
9 school system more efficiently.
10 (2) After complying with the provisions of s. 257.37,
11 the district school superintendent may photograph,
12 microphotograph, or reproduce documents, records, data, and
13 information of a permanent character which in his or her
14 discretion he or she may select, and the district school
15 superintendent may destroy any of the said documents after
16 they have been reproduced and after audit of the district
17 school superintendent's office has been completed for the
18 period embracing the dates of said instruments. Information
19 made in compliance with the provisions of this section shall
20 have the same force and effect as the originals thereof would
21 have, and shall be treated as originals for the purpose of
22 their admissibility into evidence. Duly certified or
23 authenticated reproductions shall be admitted into evidence
24 equally with the originals.
25 (3) After complying with the provisions of s. 257.37,
26 the district school superintendent may, in his or her
27 discretion, destroy general correspondence that is over 3
28 years old and other records, papers, and documents over 3
29 years old that do not serve as part of an agreement or
30 understanding and do not have value as permanent records.
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1 Section 73. Section 1001.53, Florida Statutes, is
2 created to read:
3 1001.53 District school superintendent responsible for
4 enforcement of attendance.--The district school superintendent
5 shall be responsible for the enforcement of the attendance
6 provisions of chapters 1003 and 1006. In a district in which
7 no attendance assistant is employed, the district school
8 superintendent shall have those duties and responsibilities
9 and exercise those powers assigned by law to attendance
10 assistants.
11 Section 74. Part II.c. of chapter 1001, Florida
12 Statutes, shall be entitled "School Principals" and shall
13 consist of s. 1001.54.
14 Section 75. Section 1001.54, Florida Statutes, is
15 created to read:
16 1001.54 Duties of school principals.--
17 (1) A district school board shall employ, through
18 written contract, public school principals. The school
19 principal has authority over school district personnel in
20 accordance with s. 1012.28.
21 (2) Each school principal shall provide leadership in
22 the development or revision and implementation of a school
23 improvement plan, pursuant to s. 1001.42(16).
24 (3) Each school principal must make the necessary
25 provisions to ensure that all school reports are accurate and
26 timely, and must provide the necessary training opportunities
27 for staff to accurately report attendance, FTE program
28 participation, student performance, teacher appraisal, and
29 school safety and discipline data.
30
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1 (4) Each school principal is responsible for the
2 management and care of instructional materials, in accordance
3 with the provisions of chapter 1006.
4 Section 76. Part III of chapter 1001, Florida
5 Statutes, shall be entitled "Community Colleges" and shall
6 consist of ss. 1001.61-1001.65.
7 Section 77. Section 1001.61, Florida Statutes, is
8 created to read:
9 1001.61 Community college boards of trustees;
10 membership.--
11 (1) Community college boards of trustees shall be
12 comprised of five members when a community college district is
13 confined to one school board district; seven members when a
14 community college district is confined to one school board
15 district and the board of trustees so elects; and not more
16 than nine members when the district contains two or more
17 school board districts, as provided by rules of the State
18 Board of Education. However, Florida Community College at
19 Jacksonville shall have an odd number of trustees.
20 (2) Trustees shall be appointed by the Governor and
21 confirmed by the Senate in regular session.
22 (3) Members of the board of trustees shall receive no
23 compensation but may receive reimbursement for expenses as
24 provided in s. 112.061.
25 (4) At its first regular meeting after July 1 of each
26 year, each community college board of trustees shall organize
27 by electing a chair, whose duty as such is to preside at all
28 meetings of the board, to call special meetings thereof, and
29 to attest to actions of the board, and a vice chair, whose
30 duty as such is to act as chair during the absence or
31 disability of the elected chair. It is the further duty of the
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1 chair of each board of trustees to notify the Governor, in
2 writing, whenever a board member fails to attend three
3 consecutive regular board meetings in any one fiscal year,
4 which absences may be grounds for removal.
5 (5) A community college president shall serve as the
6 executive officer and corporate secretary of the board of
7 trustees and shall be responsible to the board of trustees for
8 setting the agenda for meetings of the board of trustees in
9 consultation with the chair. The president also serves as the
10 chief administrative officer of the community college, and all
11 the components of the institution and all aspects of its
12 operation are responsible to the board of trustees through the
13 president.
14 Section 78. Section 1001.62, Florida Statutes, is
15 created to read:
16 1001.62 Transfer of benefits arising under local or
17 special acts.--All local or special acts in force on July 1,
18 1968, that provide benefits for a community college through a
19 district school board shall continue in full force and effect,
20 and such benefits shall be transmitted to the community
21 college board of trustees.
22 Section 79. Section 1001.63, Florida Statutes, is
23 created to read:
24 1001.63 Community college board of trustees; board of
25 trustees to constitute a corporation.--Each community college
26 board of trustees is constituted a body corporate by the name
27 of "The District Board of Trustees of ...(name of community
28 college)..., Florida" with all the powers and duties of a body
29 corporate, including the power to adopt a corporate seal, to
30 contract and be contracted with, to sue or be sued, to plead
31 and be impleaded in all courts of law or equity, and to give
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1 and receive donations. In all suits against a board of
2 trustees, service of process shall be made on the chair of the
3 board of trustees or, in the absence of the chair, the
4 corporate secretary or designee of the chair.
5 Section 80. Section 1001.64, Florida Statutes, is
6 created to read:
7 1001.64 Community college boards of trustees; powers
8 and duties.--
9 (1) The boards of trustees shall be responsible for
10 cost-effective policy decisions appropriate to the community
11 college's mission, the implementation and maintenance of
12 high-quality education programs within law and rules of the
13 State Board of Education, the measurement of performance, the
14 reporting of information, and the provision of input regarding
15 state policy, budgeting, and education standards.
16 (2) Each board of trustees is vested with the
17 responsibility to govern its respective community college and
18 with such necessary authority as is needed for the proper
19 operation and improvement thereof in accordance with rules of
20 the State Board of Education.
21 (3) A board of trustees shall have the power to take
22 action without a recommendation from the president and shall
23 have the power to require the president to deliver to the
24 board of trustees all data and information required by the
25 board of trustees in the performance of its duties.
26 (4)(a) The board of trustees, after considering
27 recommendations submitted by the community college president,
28 may adopt rules pursuant to ss. 120.536(1) and 120.54 to
29 implement the provisions of law conferring duties upon it.
30 These rules may supplement those prescribed by the State Board
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1 of Education if they will contribute to the more orderly and
2 efficient operation of community colleges.
3 (b) Each board of trustees is specifically authorized
4 to adopt rules, procedures, and policies, consistent with law
5 and rules of the State Board of Education, related to its
6 mission and responsibilities as set forth in s. 1004.65, its
7 governance, personnel, budget and finance, administration,
8 programs, curriculum and instruction, buildings and grounds,
9 travel and purchasing, technology, students, contracts and
10 grants, or college property.
11 (5) Each board of trustees shall have responsibility
12 for the use, maintenance, protection, and control of community
13 college owned or community college controlled buildings and
14 grounds, property and equipment, name, trademarks and other
15 proprietary marks, and the financial and other resources of
16 the community college. Such authority may include placing
17 restrictions on activities and on access to facilities,
18 firearms, food, tobacco, alcoholic beverages, distribution of
19 printed materials, commercial solicitation, animals, and
20 sound.
21 (6) Each board of trustees has responsibility for the
22 establishment and discontinuance of program and course
23 offerings in accordance with law and rule; provision for
24 instructional and noninstructional community services,
25 location of classes, and services provided; and dissemination
26 of information concerning such programs and services. New
27 programs must be approved pursuant to s. 1004.03.
28 (7) Each board of trustees has responsibility for:
29 ensuring that students have access to general education
30 courses as identified in rule; requiring no more than 60
31 semester hours of degree program coursework, including 36
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1 semester hours of general education coursework, for an
2 associate in arts degree; notifying students that earned hours
3 in excess of 60 semester hours may not be accepted by state
4 universities; notifying students of unique program
5 prerequisites; and ensuring that degree program coursework
6 beyond general education coursework is consistent with degree
7 program prerequisite requirements adopted pursuant to s.
8 1007.25(5).
9 (8) Each board of trustees has authority for policies
10 related to students, enrollment of students, student records,
11 student activities, financial assistance, and other student
12 services.
13 (a) Each board of trustees shall govern admission of
14 students pursuant to s. 1007.263 and rules of the State Board
15 of Education. A board of trustees may establish additional
16 admissions criteria, which shall be included in the district
17 interinstitutional articulation agreement developed according
18 to s. 1007.235, to ensure student readiness for postsecondary
19 instruction. Each board of trustees may consider the past
20 actions of any person applying for admission or enrollment and
21 may deny admission or enrollment to an applicant because of
22 misconduct if determined to be in the best interest of the
23 community college.
24 (b) Each board of trustees shall adopt rules
25 establishing student performance standards for the award of
26 degrees and certificates pursuant to s. 1004.68.
27 (c) Boards of trustees are authorized to establish
28 intrainstitutional and interinstitutional programs to maximize
29 articulation pursuant to s. 1007.22.
30 (d) Boards of trustees shall identify their core
31 curricula, which shall include courses required by the State
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1 Board of Education, pursuant to the provisions of s.
2 1007.25(6).
3 (e) Each board of trustees must adopt a written
4 antihazing policy, provide a program for the enforcement of
5 such rules, and adopt appropriate penalties for violations of
6 such rules pursuant to the provisions of s. 1006.63(1)-(3).
7 (f) Each board of trustees may establish a uniform
8 code of conduct and appropriate penalties for violation of its
9 rules by students and student organizations, including rules
10 governing student academic honesty. Such penalties, unless
11 otherwise provided by law, may include fines, the withholding
12 of diplomas or transcripts pending compliance with rules or
13 payment of fines, and the imposition of probation, suspension,
14 or dismissal.
15 (g) Each board of trustees pursuant to s. 1006.53
16 shall adopt a policy in accordance with rules of the State
17 Board of Education that reasonably accommodates the religious
18 observance, practice, and belief of individual students in
19 regard to admissions, class attendance, and the scheduling of
20 examinations and work assignments.
21 (9) A board of trustees may contract with the board of
22 trustees of a state university for the community college to
23 provide college-preparatory instruction on the state
24 university campus.
25 (10) Each board of trustees shall establish fees
26 pursuant to ss. 1009.22, 1009.23, 1009.25, 1009.26, and
27 1009.27.
28 (11) Each board of trustees shall submit an
29 institutional budget request, including a request for fixed
30 capital outlay, and an operating budget to the State Board of
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1 Education for approval in accordance with guidelines
2 established by the State Board of Education.
3 (12) Each board of trustees shall account for
4 expenditures of all state, local, federal and other funds in
5 the manner described by the Department of Education.
6 (13) Each board of trustees is responsible for the
7 uses for the proceeds of academic improvement trust funds
8 pursuant to s. 1011.85.
9 (14) Each board of trustees shall develop a strategic
10 plan specifying institutional goals and objectives for the
11 community college for recommendation to the State Board of
12 Education.
13 (15) Each board of trustees shall develop an
14 accountability plan pursuant to s. 1008.45.
15 (16) Each board of trustees must expend performance
16 funds provided for workforce development education pursuant to
17 the provisions of s. 1011.80.
18 (17) Each board of trustees is accountable for
19 performance in certificate career education and diploma
20 programs pursuant to s. 1008.44.
21 (18) Each board of trustees shall establish the
22 personnel program for all employees of the community college,
23 including the president, pursuant to the provisions of chapter
24 1012 and rules and guidelines of the State Board of Education,
25 including: compensation and other conditions of employment;
26 recruitment and selection; nonreappointment; standards for
27 performance and conduct; evaluation; benefits and hours of
28 work; leave policies; recognition; inventions and work
29 products; travel; learning opportunities; exchange programs;
30 academic freedom and responsibility; promotion; assignment;
31 demotion; transfer; ethical obligations and conflict of
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1 interest; restrictive covenants; disciplinary actions;
2 complaints; appeals and grievance procedures; and separation
3 and termination from employment.
4 (19) Each board of trustees shall appoint, suspend, or
5 remove the president of the community college. The board of
6 trustees may appoint a search committee. The board of trustees
7 shall conduct annual evaluations of the president in
8 accordance with rules of the State Board of Education and
9 submit such evaluations to the State Board of Education for
10 review. The evaluation must address the achievement of the
11 performance goals established by the accountability process
12 implemented pursuant to s. 1008.45 and the performance of the
13 president in achieving the annual and long-term goals and
14 objectives established in the community college's employment
15 accountability program implemented pursuant to s. 1012.86.
16 (20) Each board of trustees is authorized to enter
17 into contracts to provide a State Community College System
18 Optional Retirement Program pursuant to s. 1012.875 and to
19 enter into consortia with other boards of trustees for this
20 purpose.
21 (21) Each board of trustees is authorized to purchase
22 annuities for its community college personnel who have 25 or
23 more years of creditable service and who have reached age 55
24 and have applied for retirement under the Florida Retirement
25 System pursuant to the provisions of s. 1012.87.
26 (22) A board of trustees may defray all costs of
27 defending civil actions against officers, employees, or agents
28 of the board of trustees pursuant to s. 1012.85.
29 (23) Each board of trustees has authority for risk
30 management, safety, security, and law enforcement operations.
31 Each board of trustees is authorized to employ personnel,
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1 including police officers pursuant to s. 1012.88, to carry out
2 the duties imposed by this subsection.
3 (24) Each board of trustees shall provide rules
4 governing parking and the direction and flow of traffic within
5 campus boundaries. Except for sworn law enforcement personnel,
6 persons employed to enforce campus parking rules have no
7 authority to arrest or issue citations for moving traffic
8 violations. The board of trustees may adopt a uniform code of
9 appropriate penalties for violations. Such penalties, unless
10 otherwise provided by law, may include the levying of fines,
11 the withholding of diplomas or transcripts pending compliance
12 with rules or payment of fines, and the imposition of
13 probation, suspension, or dismissal. Moneys collected from
14 parking rule infractions shall be deposited in appropriate
15 funds at each community college for student financial aid
16 purposes.
17 (25) Each board of trustees constitutes the
18 contracting agent of the community college. It may when acting
19 as a body make contracts, sue, and be sued in the name of the
20 board of trustees. In any suit, a change in personnel of the
21 board of trustees shall not abate the suit, which shall
22 proceed as if such change had not taken place.
23 (26) Each board of trustees is authorized to contract
24 for the purchase, sale, lease, license, or acquisition in any
25 manner (including purchase by installment or lease-purchase
26 contract which may provide for the payment of interest on the
27 unpaid portion of the purchase price and for the granting of a
28 security interest in the items purchased) of goods, materials,
29 equipment, and services required by the community college. The
30 board of trustees may choose to consolidate equipment
31
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1 contracts under master equipment financing agreements made
2 pursuant to s. 287.064.
3 (27) Each board of trustees shall be responsible for
4 managing and protecting real and personal property acquired or
5 held in trust for use by and for the benefit of such community
6 college. To that end, any board of trustees is authorized to
7 be self-insured, to enter into risk management programs, or to
8 purchase insurance for whatever coverage it may choose, or to
9 have any combination thereof, in anticipation of any loss,
10 damage, or destruction. A board of trustees may contract for
11 self-insurance services pursuant to s. 1001.64(27).
12 (28) Each board of trustees is authorized to enter
13 into agreements for, and accept, credit card, charge card, and
14 debit card payments as compensation for goods, services,
15 tuition, and fees. Each community college is further
16 authorized to establish accounts in credit card, charge card,
17 and debit card banks for the deposit of sales invoices.
18 (29) Each board of trustees may provide incubator
19 facilities to eligible small business concerns pursuant to s.
20 1004.79.
21 (30) Each board of trustees may establish a technology
22 transfer center for the purpose of providing institutional
23 support to local business and industry and governmental
24 agencies in the application of new research in technology
25 pursuant to the provisions of s. 1004.78.
26 (31) Each board of trustees may establish economic
27 development centers for the purpose of serving as liaisons
28 between community colleges and the business sector pursuant to
29 the provisions of s. 1004.80.
30 (32) Each board of trustees may establish a child
31 development training center pursuant to s. 1004.81.
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1 (33) Each board of trustees is authorized to develop
2 and produce work products relating to educational endeavors
3 that are subject to trademark, copyright, or patent statutes
4 pursuant to chapter 1004.
5 (34) Each board of trustees shall administer the
6 facilities program pursuant to chapter 1013, including but not
7 limited to: the construction of public educational and
8 ancillary plants; the acquisition and disposal of property;
9 compliance with building and life safety codes; submission of
10 data and information relating to facilities and construction;
11 use of buildings and grounds; establishment of safety and
12 sanitation programs for the protection of building occupants;
13 and site planning and selection.
14 (35) Each board of trustees may exercise the right of
15 eminent domain pursuant to the provisions of chapter 1013.
16 (36) Each board of trustees may enter into
17 lease-purchase arrangements with private individuals or
18 corporations for necessary grounds and buildings for community
19 college purposes, other than dormitories, or for buildings
20 other than dormitories to be erected for community college
21 purposes. Such arrangements shall be paid from capital outlay
22 and debt service funds as provided by s. 1011.84(2), with
23 terms not to exceed 30 years at a stipulated rate. The
24 provisions of such contracts, including building plans, are
25 subject to approval by the Department of Education, and no
26 such contract may be entered into without such approval.
27 (37) Each board of trustees may purchase, acquire,
28 receive, hold, own, manage, lease, sell, dispose of, and
29 convey title to real property, in the best interests of the
30 community college.
31
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1 (38) Each board of trustees is authorized to borrow
2 funds and incur debt, including entering into lease-purchase
3 agreements and the issuance of revenue bonds as specifically
4 authorized and only for the purposes authorized in ss.
5 1009.22(6) and (9) and 1009.23(11) and (12). At the option of
6 the board of trustees, bonds may be issued which are secured
7 by a combination of revenues authorized to be pledged to bonds
8 pursuant to ss. 1009.22(6) and 1009.23(11) or ss. 1009.22(9)
9 and 1009.23(12). Lease-purchase agreements may be secured by a
10 combination of revenues as specifically authorized pursuant to
11 ss. 1009.22(7) and 1009.23(10).
12 (39) Each board of trustees shall prescribe conditions
13 for direct-support organizations to be certified and to use
14 community college property and services. Conditions relating
15 to certification must provide for audit review and oversight
16 by the board of trustees.
17 (40) Each board of trustees may adopt policies
18 pursuant to s. 1010.02 that provide procedures for
19 transferring to the direct-support organization of that
20 community college for administration by such organization
21 contributions made to the community college.
22 (41) The board of trustees shall exert every effort to
23 collect all delinquent accounts pursuant to s. 1010.03.
24 (42) Each board of trustees shall implement a plan, in
25 accordance with guidelines of the State Board of Education,
26 for working on a regular basis with the other community
27 college boards of trustees, representatives of the university
28 boards of trustees, and representatives of the district school
29 boards to achieve the goals of the seamless education system.
30
31
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1 (43) Each board of trustees has responsibility for
2 compliance with state and federal laws, rules, regulations,
3 and requirements.
4 (44) Each board of trustees may adopt rules,
5 procedures, and policies related to institutional governance,
6 administration, and management in order to promote orderly and
7 efficient operation, including, but not limited to, financial
8 management, budget management, physical plant management, and
9 property management.
10 (45) Each board of trustees may adopt rules and
11 procedures related to data or technology, including, but not
12 limited to, information systems, communications systems,
13 computer hardware and software, and networks.
14 (46) Each board of trustees may consider the past
15 actions of any person applying for employment and may deny
16 employment to a person because of misconduct if determined to
17 be in the best interest of the community college.
18 Section 81. Section 1001.65, Florida Statutes, is
19 created to read:
20 1001.65 Community college presidents; powers and
21 duties.--The president is the chief executive officer of the
22 community college, shall be corporate secretary of the
23 community college board of trustees, and is responsible for
24 the operation and administration of the community college.
25 Each community college president shall:
26 (1) Recommend the adoption of rules, as appropriate,
27 to the community college board of trustees to implement
28 provisions of law governing the operation and administration
29 of the community college, which shall include the specific
30 powers and duties enumerated in this section. Such rules shall
31
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1 be consistent with law, the mission of the community college
2 and the rules and policies of the State Board of Education.
3 (2) Prepare a budget request and an operating budget
4 pursuant to s. 1011.30 for approval by the community college
5 board of trustees at such time and in such format as the State
6 Board of Education may prescribe.
7 (3) Establish and implement policies and procedures to
8 recruit, appoint, transfer, promote, compensate, evaluate,
9 reward, demote, discipline, and remove personnel, within law
10 and rules of the State Board of Education and in accordance
11 with rules or policies approved by the community college board
12 of trustees.
13 (4) Govern admissions, subject to law and rules or
14 policies of the community college board of trustees and the
15 State Board of Education.
16 (5) Approve, execute, and administer contracts for and
17 on behalf of the community college board of trustees for
18 licenses; the acquisition or provision of commodities, goods,
19 equipment, and services; leases of real and personal property;
20 and planning and construction to be rendered to or by the
21 community college, provided such contracts are within law and
22 guidelines of the State Board of Education and in conformance
23 with policies of the community college board of trustees, and
24 are for the implementation of approved programs of the
25 community college.
26 (6) Act for the community college board of trustees as
27 custodian of all community college property and financial
28 resources. The authority vested in the community college
29 president under this subsection includes the authority to
30 prioritize the use of community college space, property,
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1 equipment, and resources and the authority to impose charges
2 for the use of those items.
3 (7) Establish the internal academic calendar of the
4 community college within general guidelines of the State Board
5 of Education.
6 (8) Administer the community college's program of
7 intercollegiate athletics.
8 (9) Recommend to the board of trustees the
9 establishment and termination of programs within the approved
10 role and scope of the community college.
11 (10) Award degrees.
12 (11) Recommend to the board of trustees a schedule of
13 tuition and fees to be charged by the community college,
14 within law and rules of the State Board of Education.
15 (12) Organize the community college to efficiently and
16 effectively achieve the goals of the community college.
17 (13) Review periodically the operations of the
18 community college in order to determine how effectively and
19 efficiently the community college is being administered and
20 whether it is meeting the goals of its strategic plan adopted
21 by the State Board of Education.
22 (14) Enter into agreements for student exchange
23 programs that involve students at the community college and
24 students in other institutions of higher learning.
25 (15) Approve the internal procedures of student
26 government organizations and provide purchasing, contracting,
27 and budgetary review processes for these organizations.
28 (16) Ensure compliance with federal and state laws,
29 rules, regulations, and other requirements that are applicable
30 to the community college.
31
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1 (17) Maintain all data and information pertaining to
2 the operation of the community college, and report on the
3 attainment by the community college of institutional and
4 statewide performance accountability goals.
5 (18) Certify to the department a project's compliance
6 with the requirements for expenditure of PECO funds prior to
7 release of funds pursuant to the provisions of chapter 1013.
8 (19) Provide to the law enforcement agency and fire
9 department that has jurisdiction over the community college a
10 copy of the floor plans and other relevant documents for each
11 educational facility as defined in s. 1013.01(6). After the
12 initial submission of the floor plans and other relevant
13 documents, the community college president shall submit, by
14 October 1 of each year, revised floor plans and other relevant
15 documents for each educational facility that was modified
16 during the preceding year.
17 (20) Establish a committee to consider requests for
18 waivers from the provisions of s. 1008.29 and approve or
19 disapprove the committee's recommendations.
20 (21) Develop and implement jointly with school
21 superintendents a comprehensive articulated acceleration
22 program, including a comprehensive interinstitutional
23 articulation agreement, for the students enrolled in their
24 respective school districts and service areas pursuant to the
25 provisions of s. 1007.235.
26 (22) Have authority, after notice to the student of
27 the charges and after a hearing thereon, to expel, suspend, or
28 otherwise discipline any student who is found to have violated
29 any law, ordinance, or rule or regulation of the State Board
30 of Education or of the board of trustees of the community
31 college pursuant to the provisions of s. 1006.62.
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1 (23) Submit an annual employment accountability plan
2 to the Department of Education pursuant to the provisions of
3 s. 1012.86.
4 (24) Annually evaluate, or have a designee annually
5 evaluate, each department chairperson, dean, provost, and vice
6 president in achieving the annual and long-term goals and
7 objectives of the community college's employment
8 accountability plan.
9 (25) Have vested with the president or the president's
10 designee the authority that is vested with the community
11 college.
12 Section 82. Part IV of chapter 1001, Florida Statutes,
13 shall be entitled "State Universities" and shall consist of
14 ss. 1001.71-1001.75.
15 Section 83. Section 1001.71, Florida Statutes, is
16 created to read:
17 1001.71 University boards of trustees; membership.--
18 (1) University boards of trustees shall be comprised
19 of 12 members appointed by the Governor and confirmed by the
20 Senate in the regular legislative session immediately
21 following his or her appointment. In addition, the student
22 body president elected on the main campus of the university
23 shall serve ex officio as a voting member of his or her
24 university board of trustees. There shall be no state
25 residency requirement for university board members, but the
26 Governor shall consider diversity and regional representation.
27 (2) Members of the boards of trustees shall receive no
28 compensation but may be reimbursed for travel and per diem
29 expenses as provided in s. 112.061.
30 (3) The Governor may remove a trustee upon the
31 recommendation of the State Board of Education, or for cause.
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1 (4) Boards of trustees' members shall be appointed for
2 staggered 4-year terms, and may be reappointed for additional
3 terms not to exceed 8 years of service.
4 (5) Each board of trustees shall select its chair and
5 vice chair from the appointed members at its first regular
6 meeting after July 1. The chair shall serve for 2 years and
7 may be reselected for one additional consecutive term. The
8 duties of the chair shall include presiding at all meetings of
9 the board of trustees, calling special meetings of the board
10 of trustees, attesting to actions of the board of trustees,
11 and notifying the Governor in writing whenever a board member
12 fails to attend three consecutive regular board meetings in
13 any fiscal year, which failure may be grounds for removal. The
14 duty of the vice chair is to act as chair during the absence
15 or disability of the chair.
16 (6) The university president shall serve as executive
17 officer and corporate secretary of the board of trustees and
18 shall be responsible to the board of trustees for all
19 operations of the university and for setting the agenda for
20 meetings of the board of trustees in consultation with the
21 chair.
22 Section 84. Section 1001.72, Florida Statutes, is
23 created to read:
24 1001.72 University boards of trustees; boards to
25 constitute a corporation.--
26 (1) Each board of trustees shall be a public body
27 corporate by the name of "The (name of university) Board of
28 Trustees," with all the powers of a body corporate, including
29 the power to adopt a corporate seal, to contract and be
30 contracted with, to sue and be sued, to plead and be impleaded
31 in all courts of law or equity, and to give and receive
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1 donations. In all suits against a board of trustees, service
2 of process shall be made on the chair of the board of trustees
3 or, in the absence of the chair, on the corporate secretary or
4 designee.
5 (2) It is the intent of the Legislature that the
6 university boards of trustees are not departments of the
7 executive branch of state government within the scope and
8 meaning of s. 6, Art. IV of the State Constitution.
9 (3) The corporation is constituted as a public
10 instrumentality, and the exercise by the corporation of the
11 power conferred by this section is considered to be the
12 performance of an essential public function. The corporation
13 shall constitute an agency for the purposes of s. 120.52. The
14 corporation is subject to chapter 119, subject to exceptions
15 applicable to the corporation, and to the provisions of
16 chapter 286; however, the corporation shall be entitled to
17 provide notice of internal review committee meetings for
18 competitive proposals or procurement to applicants by mail or
19 facsimile rather than by means of publication. The corporation
20 is not governed by chapter 607, but by the provisions of this
21 part.
22 (4) No bureau, department, division, agency, or
23 subdivision of the state shall exercise any responsibility and
24 authority to operate any state university except as
25 specifically provided by law or rules of the State Board of
26 Education. This section shall not prohibit any department,
27 bureau, division, agency, or subdivision of the state from
28 providing access to programs or systems or providing other
29 assistance to a state university pursuant to an agreement
30 between the board of trustees and such department, bureau,
31 division, agency, or subdivision of the state.
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1 Section 85. Section 1001.73, Florida Statutes, is
2 created to read:
3 1001.73 University board empowered to act as
4 trustee.--
5 (1) Whenever appointed by any competent court of the
6 state, or by any statute, or in any will, deed, or other
7 instrument, or in any manner whatever as trustee of any funds
8 or real or personal property in which any of the institutions
9 or agencies under its management, control, or supervision, or
10 their departments or branches or students, faculty members,
11 officers, or employees, may be interested as beneficiaries, or
12 otherwise, or for any educational purpose, a university board
13 of trustees is hereby authorized to act as trustee with full
14 legal capacity as trustee to administer such trust property,
15 and the title thereto shall vest in said board as trustee. In
16 all such cases, the university board of trustees shall have
17 the power and capacity to do and perform all things as fully
18 as any individual trustee or other competent trustee might do
19 or perform, and with the same rights, privileges, and duties,
20 including the power, capacity, and authority to convey,
21 transfer, mortgage, or pledge such property held in trust and
22 to contract and execute all other documents relating to said
23 trust property which may be required for, or appropriate to,
24 the administration of such trust or to accomplish the purposes
25 of any such trust.
26 (2) Deeds, mortgages, leases, and other contracts of
27 the university board of trustees relating to real property of
28 any such trust or any interest therein may be executed by the
29 university board of trustees, as trustee, in the same manner
30 as is provided by the laws of the state for the execution of
31 similar documents by other corporations or may be executed by
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1 the signatures of a majority of the members of the board of
2 trustees; however, to be effective, any such deed, mortgage,
3 or lease contract for more than 10 years of any trust
4 property, executed hereafter by the university board of
5 trustees, shall be approved by a resolution of the State Board
6 of Education; and such approving resolution may be evidenced
7 by the signature of either the chair or the secretary of the
8 State Board of Education to an endorsement on the instrument
9 approved, reciting the date of such approval, and bearing the
10 seal of the State Board of Education. Such signed and sealed
11 endorsement shall be a part of the instrument and entitled to
12 record without further proof.
13 (3) Any and all such appointments of, and acts by, the
14 Board of Regents as trustee of any estate, fund, or property
15 prior to May 18, 1949, are hereby validated, and said board's
16 capacity and authority to act as trustee subject to the
17 provisions of s. 1000.01(5)(a) in all of such cases is
18 ratified and confirmed; and all deeds, conveyances, lease
19 contracts, and other contracts heretofore executed by the
20 Board of Regents, either by the signatures of a majority of
21 the members of the board or in the board's name by its chair
22 or chief executive officer, are hereby approved, ratified,
23 confirmed, and validated.
24 (4) Nothing herein shall be construed to authorize a
25 university board of trustees to contract a debt on behalf of,
26 or in any way to obligate, the state; and the satisfaction of
27 any debt or obligation incurred by the university board as
28 trustee under the provisions of this section shall be
29 exclusively from the trust property, mortgaged or encumbered;
30 and nothing herein shall in any manner affect or relate to the
31 provisions of ss. 1010.61-1010.619, or s. 1013.78.
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1 Section 86. Section 1001.74, Florida Statutes, is
2 created to read:
3 1001.74 Powers and duties of university boards of
4 trustees.--
5 (1) The boards of trustees shall be responsible for
6 cost-effective policy decisions appropriate to the
7 university's mission, the implementation and maintenance of
8 high quality education programs within law and rules of the
9 State Board of Education, the measurement of performance, the
10 reporting of information, and the provision of input regarding
11 state policy, budgeting, and education standards.
12 (2) Each board of trustees is vested with the
13 authority to govern its university, as necessary to provide
14 proper governance and improvement of the university in
15 accordance with law and with rules of the State Board of
16 Education. Each board of trustees shall perform all duties
17 assigned by law or by rule of the State Board of Education or
18 the Commissioner of Education.
19 (3) A board of trustees shall have the power to take
20 action without a recommendation from the president and shall
21 have the power to require the president to deliver to the
22 board of trustees all data and information required by the
23 board of trustees in the performance of its duties.
24 (4) Each board of trustees may adopt rules pursuant to
25 ss. 120.536(1) and 120.54 to implement the provisions of law
26 conferring duties upon it. Such rules must be consistent with
27 rules of the State Board of Education.
28 (5) Each board of trustees shall have the authority to
29 acquire real and personal property and contract for the sale
30 and disposal of same and approve and execute contracts for the
31 purchase, sale, lease, license, or acquisition of commodities,
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1 goods, equipment, contractual services, leases of real and
2 personal property, and construction. The acquisition may
3 include purchase by installment or lease-purchase. Such
4 contracts may provide for payment of interest on the unpaid
5 portion of the purchase price. Title to all real property
6 acquired prior to January 7, 2003, and to all real property
7 acquired with funds appropriated by the Legislature shall be
8 vested in the Board of Trustees of the Internal Improvement
9 Trust Fund and shall be transferred and conveyed by it.
10 Notwithstanding any other provisions of this subsection, each
11 board of trustees shall comply with the provisions of s.
12 287.055 for the procurement of professional services as
13 defined therein.
14 (6) Each board of trustees shall have responsibility
15 for the use, maintenance, protection, and control of
16 university-owned or university-controlled buildings and
17 grounds, property and equipment, name, trademarks and other
18 proprietary marks, and the financial and other resources of
19 the university. Such authority may include placing
20 restrictions on activities and on access to facilities,
21 firearms, food, tobacco, alcoholic beverages, distribution of
22 printed materials, commercial solicitation, animals, and
23 sound. The authority vested in the board of trustees in this
24 subsection includes the prioritization of the use of space,
25 property, equipment, and resources and the imposition of
26 charges for those items.
27 (7) Each board of trustees has responsibility for the
28 establishment and discontinuance of degree programs up to and
29 including the master's degree level; the establishment and
30 discontinuance of course offerings; provision of credit and
31 noncredit educational offerings; location of classes; services
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1 provided; and dissemination of information concerning such
2 programs and services. Approval of new programs must be
3 pursuant to criteria established by the State Board of
4 Education.
5 (8) Each board of trustees is authorized to create
6 divisions of sponsored research pursuant to the provisions of
7 s. 1011.411 to serve the function of administration and
8 promotion of the programs of research.
9 (9) Each board of trustees has responsibility for:
10 ensuring that students have access to general education
11 courses as identified in rule and requiring no more than 120
12 semester hours of coursework for baccalaureate degree programs
13 unless approved by the State Board of Education. At least half
14 of the required coursework for any baccalaureate degree must
15 be offered at the lower-division level, except in program
16 areas approved by the State Board of Education.
17 (10) Each board of trustees has responsibility for
18 policies related to students, enrollment of students, student
19 activities and organizations, financial assistance, and other
20 student services.
21 (a) Each board of trustees shall govern admission of
22 students pursuant to s. 1007.261 and rules of the State Board
23 of Education. Each board of trustees may consider the past
24 actions of any person applying for admission or enrollment and
25 may deny admission or enrollment to an applicant because of
26 misconduct if determined to be in the best interest of the
27 university.
28 (b) Each board of trustees shall establish student
29 performance standards for the award of degrees and
30 certificates.
31
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1 (c) Each board of trustees must identify its core
2 curricula and work with school districts to ensure that its
3 curricula coordinate with the core curricula and prepare
4 students for college-level work.
5 (d) Each board of trustees must adopt a written
6 antihazing policy, appropriate penalties for violations of
7 such policy, and a program for enforcing such policy.
8 (e) Each board of trustees may establish a uniform
9 code of conduct and appropriate penalties for violations of
10 its rules by students and student organizations, including
11 rules governing student academic honesty. Such penalties,
12 unless otherwise provided by law, may include fines, the
13 withholding of diplomas or transcripts pending compliance with
14 rules or payment of fines, and the imposition of probation,
15 suspension, or dismissal.
16 (f) Each board of trustees shall establish a
17 committee, at least one-half of the members of which shall be
18 students appointed by the student body president, to
19 periodically review and evaluate the student judicial system.
20 (g) Each board of trustees must adopt a policy
21 pursuant to s. 1006.53 that reasonably accommodates the
22 religious observance, practice, and belief of individual
23 students in regard to admissions, class attendance, and the
24 scheduling of examinations and work assignments.
25 (h) A board of trustees may establish
26 intrainstitutional and interinstitutional programs to maximize
27 articulation pursuant to s. 1007.22.
28 (i) Each board of trustees shall approve the internal
29 procedures of student government organizations.
30 (11) Each board of trustees shall establish fees
31 pursuant to ss. 1009.24 and 1009.26.
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1 (12) Each board of trustees shall submit an
2 institutional budget request, including a request for fixed
3 capital outlay, and an operating budget to the State Board of
4 Education for approval in accordance with guidelines
5 established by the State Board of Education.
6 (13) Each board of trustees shall account for
7 expenditures of all state, local, federal, and other funds in
8 the manner described by the Department of Education.
9 (14) Each board of trustees shall develop a strategic
10 plan specifying institutional goals and objectives for the
11 university for recommendation to the State Board of Education.
12 (15) Each board of trustees shall develop an
13 accountability plan pursuant to guidelines established by the
14 State Board of Education.
15 (16) Each board of trustees shall maintain an
16 effective information system to provide accurate, timely, and
17 cost-effective information about the university.
18 (17) Each board of trustees is authorized to secure
19 comprehensive general liability insurance pursuant to s.
20 1004.24.
21 (18) Each board of trustees may provide for payment of
22 the costs of civil actions against officers, employees, or
23 agents of the board pursuant to s. 1012.965.
24 (19) Each board of trustees shall establish the
25 personnel program for all employees of the university,
26 including the president, pursuant to the provisions of chapter
27 1012 and, in accordance with rules and guidelines of the State
28 Board of Education, including: compensation and other
29 conditions of employment, recruitment and selection,
30 nonreappointment, standards for performance and conduct,
31 evaluation, benefits and hours of work, leave policies,
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1 recognition and awards, inventions and works, travel, learning
2 opportunities, exchange programs, academic freedom and
3 responsibility, promotion, assignment, demotion, transfer,
4 tenure and permanent status, ethical obligations and conflicts
5 of interest, restrictive covenants, disciplinary actions,
6 complaints, appeals and grievance procedures, and separation
7 and termination from employment.
8 (20) Each board of trustees may consider the past
9 actions of any person applying for employment and may deny
10 employment to a person because of misconduct if determined to
11 be in the best interest of the university.
12 (21) Each board of trustees shall appoint a
13 presidential search committee to make recommendations to the
14 full board of trustees, from which the board of trustees may
15 select a candidate for ratification by the State Board of
16 Education.
17 (22) Each board of trustees shall conduct an annual
18 evaluation of the president in accordance with rules of the
19 State Board of Education and submit such evaluations to the
20 State Board of Education for review. The evaluation must
21 address the achievement of the performance goals established
22 by the accountability process implemented pursuant to s.
23 1008.46 and the performance of the president in achieving the
24 annual and long-term goals and objectives established in the
25 institution's employment equity accountability program
26 implemented pursuant to s. 1012.95.
27 (23) Each board of trustees constitutes the
28 contracting agent of the university.
29 (24) Each board of trustees may enter into agreements
30 for, and accept, credit card payments as compensation for
31 goods, services, tuition, and fees.
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1 (25) Each board of trustees may establish educational
2 research centers for child development pursuant to s. 1011.48.
3 (26) Each board of trustees may develop and produce
4 work products relating to educational endeavors that are
5 subject to trademark, copyright, or patent statutes pursuant
6 to s. 1004.23.
7 (27) Each board of trustees shall submit to the State
8 Board of Education, for approval, all new campuses and
9 instructional centers.
10 (28) Each board of trustees shall administer a program
11 for the maintenance and construction of facilities pursuant to
12 chapter 1013.
13 (29) Each board of trustees shall ensure compliance
14 with the provisions of s. 287.09451 for all procurement and
15 ss. 255.101 and 255.102 for construction contracts, and rules
16 adopted pursuant thereto, relating to the utilization of
17 minority business enterprises, except that procurements
18 costing less than the amount provided for in CATEGORY FIVE as
19 provided in s. 287.017 shall not be subject to s. 287.09451.
20 (30) Each board of trustees may exercise the right of
21 eminent domain pursuant to the provisions of chapter 1013. Any
22 suits or actions brought by the board of trustees shall be
23 brought in the name of the board of trustees, and the
24 Department of Legal Affairs shall conduct the proceedings for,
25 and act as the counsel of, the board of trustees.
26 (31) Notwithstanding the provisions of s. 253.025,
27 each board of trustees may, with the consent of the Board of
28 Trustees of the Internal Improvement Trust Fund, sell, convey,
29 transfer, exchange, trade, or purchase real property and
30 related improvements necessary and desirable to serve the
31 needs and purposes of the university.
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1 (a) The board of trustees may secure appraisals and
2 surveys. The board of trustees shall comply with the rules of
3 the Board of Trustees of the Internal Improvement Trust Fund
4 in securing appraisals. Whenever the board of trustees finds
5 it necessary for timely property acquisition, it may contract,
6 without the need for competitive selection, with one or more
7 appraisers whose names are contained on the list of approved
8 appraisers maintained by the Division of State Lands in the
9 Department of Environmental Protection.
10 (b) The board of trustees may negotiate and enter into
11 an option contract before an appraisal is obtained. The option
12 contract must state that the final purchase price may not
13 exceed the maximum value allowed by law. The consideration for
14 such an option contract may not exceed 10 percent of the
15 estimate obtained by the board of trustees or 10 percent of
16 the value of the parcel, whichever is greater, unless
17 otherwise authorized by the board of trustees.
18 (c) This subsection is not intended to abrogate in any
19 manner the authority delegated to the Board of Trustees of the
20 Internal Improvement Trust Fund or the Division of State Lands
21 to approve a contract for purchase of state lands or to
22 require policies and procedures to obtain clear legal title to
23 parcels purchased for state purposes. Title to property
24 acquired by a university board of trustees prior to January 7,
25 2003, and to property acquired with funds appropriated by the
26 Legislature shall vest in the Board of Trustees of the
27 Internal Improvement Trust Fund.
28 (32) Each board of trustees shall prepare and adopt a
29 campus master plan pursuant to s. 1013.30.
30 (33) Each board of trustees shall prepare, adopt, and
31 execute a campus development agreement pursuant to s. 1013.30.
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1 (34) Each board of trustees has responsibility for
2 compliance with state and federal laws, rules, regulations,
3 and requirements.
4 (35) Each board of trustees may govern traffic on the
5 grounds of that campus pursuant to s. 1006.66.
6 (36) A board of trustees has responsibility for
7 supervising faculty practice plans for the academic health
8 science centers.
9 (37) Each board of trustees shall prescribe conditions
10 for direct-support organizations and university health
11 services support organizations to be certified and to use
12 university property and services. Conditions relating to
13 certification must provide for audit review and oversight by
14 the board of trustees.
15 (38) Each board of trustees shall actively implement a
16 plan, in accordance with guidelines of the State Board of
17 Education, for working on a regular basis with the other
18 university boards of trustees, representatives of the
19 community college boards of trustees, and representatives of
20 the district school boards, to achieve the goals of the
21 seamless education system.
22 (39) Notwithstanding the provisions of s. 216.351, a
23 board of trustees may authorize the rent or lease of parking
24 facilities, provided that such facilities are funded through
25 parking fees or parking fines imposed by a university. A board
26 of trustees may authorize a university to charge fees for
27 parking at such rented or leased parking facilities.
28 (40) Each board of trustees may adopt rules and
29 procedures related to data and technology, including
30 information systems, communications systems, computer hardware
31 and software, and networks.
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1 (41) A board of trustees shall perform such other
2 duties as are provided by law or rule of the State Board of
3 Education.
4 Section 87. Section 1001.75, Florida Statutes, is
5 created to read:
6 1001.75 University presidents; powers and duties.--The
7 president is the chief executive officer of the state
8 university, shall be corporate secretary of the university
9 board of trustees, and is responsible for the operation and
10 administration of the university. Each state university
11 president shall:
12 (1) Recommend the adoption of rules, as appropriate,
13 to the university board of trustees to implement provisions of
14 law governing the operation and administration of the
15 university, which shall include the specific powers and duties
16 enumerated in this section. Such rules shall be consistent
17 with the mission of the university and the rules and policies
18 of the State Board of Education.
19 (2) Prepare a budget request and an operating budget
20 for approval by the university board of trustees.
21 (3) Establish and implement policies and procedures to
22 recruit, appoint, transfer, promote, compensate, evaluate,
23 reward, demote, discipline, and remove personnel, within law
24 and rules of the State Board of Education and in accordance
25 with rules or policies approved by the university board of
26 trustees.
27 (4) Govern admissions, subject to law and rules or
28 policies of the university board of trustees and the State
29 Board of Education.
30 (5) Approve, execute, and administer contracts for and
31 on behalf of the university board of trustees for licenses;
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1 the acquisition or provision of commodities, goods, equipment,
2 and services; leases of real and personal property; and
3 planning and construction to be rendered to or by the
4 university, provided such contracts are within law and rules
5 of the State Board of Education and in conformance with
6 policies of the university board of trustees, and are for the
7 implementation of approved programs of the university.
8 University presidents shall comply with the provisions of s.
9 287.055 for the procurement of professional services and may
10 approve and execute all contracts on behalf of the board of
11 trustees for planning, construction, and equipment. For the
12 purposes of a university president's contracting authority, a
13 "continuing contract" for professional services under the
14 provisions of s. 287.055 is one in which construction costs do
15 not exceed $1 million or the fee for study activity does not
16 exceed $100,000.
17 (6) Act for the university board of trustees as
18 custodian of all university property.
19 (7) Establish the internal academic calendar of the
20 university within general guidelines of the State Board of
21 Education.
22 (8) Administer the university's program of
23 intercollegiate athletics.
24 (9) Recommend to the board of trustees the
25 establishment and termination of undergraduate and
26 master's-level degree programs within the approved role and
27 scope of the university.
28 (10) Award degrees.
29 (11) Recommend to the board of trustees a schedule of
30 tuition and fees to be charged by the university, within law
31 and rules of the State Board of Education.
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1 (12) Organize the university to efficiently and
2 effectively achieve the goals of the university.
3 (13) Review periodically the operations of the
4 university in order to determine how effectively and
5 efficiently the university is being administered and whether
6 it is meeting the goals of its strategic plan adopted by the
7 State Board of Education.
8 (14) Enter into agreements for student exchange
9 programs that involve students at the university and students
10 in other postsecondary educational institutions.
11 (15) Provide purchasing, contracting, and budgetary
12 review processes for student government organizations.
13 (16) Ensure compliance with federal and state laws,
14 rules, regulations, and other requirements that are applicable
15 to the university.
16 (17) Maintain all data and information pertaining to
17 the operation of the university, and report on the attainment
18 by the university of institutional and statewide performance
19 accountability goals.
20 (18) Adjust property records and dispose of
21 state-owned tangible personal property in the university's
22 custody in accordance with procedures established by the
23 university board of trustees. Notwithstanding the provisions
24 of s. 273.055(5), all moneys received from the disposition of
25 state-owned tangible personal property shall be retained by
26 the university and disbursed for the acquisition of tangible
27 personal property and for all necessary operating
28 expenditures. The university shall maintain records of the
29 accounts into which such moneys are deposited.
30
31
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1 (19) Have vested with the president or the president's
2 designee the powers, duties, and authority that is vested with
3 the university.
4 Section 88. Chapter 1002, Florida Statutes, shall be
5 entitled "Student and Parental Rights and Educational Choices"
6 and shall consist of ss. 1002.01-1002.44.
7 Section 89. Part I of chapter 1002, Florida Statutes,
8 shall be entitled "General Provisions" and shall consist of s.
9 1002.01.
10 Section 90. Section 1002.01, Florida Statutes, is
11 created to read:
12 1002.01 Definitions.--
13 (1) A "home education program" means the sequentially
14 progressive instruction of a student directed by his or her
15 parent in order to satisfy the attendance requirements of ss.
16 1002.41, 1003.01(4), and 1003.21(1).
17 (2) A "private school" is a nonpublic school defined
18 as an individual, association, copartnership, or corporation,
19 or department, division, or section of such organizations,
20 that designates itself as an educational center that includes
21 kindergarten or a higher grade or as an elementary, secondary,
22 business, technical, or trade school below college level or
23 any organization that provides instructional services that
24 meet the intent of s. 1003.01(14) or that gives preemployment
25 or supplementary training in technology or in fields of trade
26 or industry or that offers academic, literary, or career and
27 technical training below college level, or any combination of
28 the above, including an institution that performs the
29 functions of the above schools through correspondence or
30 extension, except those licensed under the provisions of
31 chapter 1005. A private school may be a parochial, religious,
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1 denominational, for-profit, or nonprofit school. This
2 definition does not include home education programs conducted
3 in accordance with s. 1002.41.
4 Section 91. Part II of chapter 1002, Florida Statutes,
5 shall be entitled "Student and Parental Rights" and shall
6 consist of ss. 1002.20-1002.22.
7 Section 92. Section 1002.20, Florida Statutes, is
8 created to read:
9 1002.20 K-12 student and parent rights.--K-12 students
10 and their parents are afforded numerous statutory rights
11 including, but not limited to, the following:
12 (1) SYSTEM OF EDUCATION.--In accordance with s. 1,
13 Art. IX of the State Constitution, all K-12 public school
14 students are entitled to a uniform, safe, secure, efficient,
15 and high quality system of education, one that allows students
16 the opportunity to obtain a high quality education. Parents
17 are responsible to ready their children for school; however,
18 the State of Florida cannot be the guarantor of each
19 individual student's success.
20 (2) ATTENDANCE.--
21 (a) Compulsory school attendance.--The compulsory
22 school attendance laws apply to all children between the ages
23 of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),
24 and, in accordance with the provisions of s. 1003.21(1) and
25 (2)(a):
26 1. A student who attains the age of 16 years during
27 the school year has the right to file a formal declaration of
28 intent to terminate school enrollment if the declaration is
29 signed by the parent. The parent has the right to be notified
30 by the school district of the district's receipt of the
31
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1 student's declaration of intent to terminate school
2 enrollment.
3 2. Students who become or have become married or who
4 are pregnant and parenting have the right to attend school and
5 receive the same or equivalent educational instruction as
6 other students.
7 (b) Regular school attendance.--Parents of students
8 who have attained the age of 6 years by February 1 of any
9 school year but who have not attained the age of 16 years must
10 comply with the compulsory school attendance laws. Parents
11 have the option to comply with the school attendance laws by
12 attendance of the student in a public school; a parochial,
13 religious, or denominational school; a private school; a home
14 education program; or a private tutoring program, in
15 accordance with the provisions of s. 1003.01(14).
16 (c) Absence for religious purposes.--A parent of a
17 public school student may request and be granted permission
18 for absence of the student from school for religious
19 instruction or religious holidays, in accordance with the
20 provisions of s. 1003.21(2)(b).
21 (d) Dropout prevention and academic intervention
22 programs.--The parent of a public school student has the right
23 to receive written notice by certified mail prior to placement
24 of the student in a dropout prevention and academic
25 intervention program and shall be notified in writing and
26 entitled to an administrative review of any action by school
27 personnel relating to the student's placement, in accordance
28 with the provisions of s. 1003.53(5).
29 (3) HEALTH ISSUES.--
30 (a) School-entry health examinations.--The parent of
31 any child attending a public or private school shall be exempt
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1 from the requirement of a health examination upon written
2 request stating objections on religious grounds in accordance
3 with the provisions of s. 1003.22(1) and (2).
4 (b) Immunizations.--The parent of any child attending
5 a public or private school shall be exempt from the school
6 immunization requirements upon meeting any of the exemptions
7 in accordance with the provisions of s. 1003.22(5).
8 (c) Biological experiments.--Parents may request that
9 their child be excused from performing surgery or dissection
10 in biological science classes in accordance with the
11 provisions of s. 1003.47.
12 (d) Reproductive health and disease education.--A
13 public school student whose parent makes written request to
14 the school principal shall be exempted from the teaching of
15 reproductive health or any disease, including HIV/AIDS, in
16 accordance with the provisions of s. 1003.42(3).
17 (e) Contraceptive services to public school
18 students.--In accordance with the provisions of s.
19 1006.062(7), students may not be referred to or offered
20 contraceptive services at school facilities without the
21 parent's consent.
22 (f) Career and technical education courses involving
23 hazardous substances.--High school students must be given
24 plano safety glasses or devices in career and technical
25 education courses involving the use of hazardous substances
26 likely to cause eye injury, in accordance with the provisions
27 of s. 1006.65.
28 (g) Substance abuse reports.--The parent of a public
29 school student must be timely notified of any verified report
30 of a substance abuse violation by the student, in accordance
31 with the provisions of s. 1006.09(8).
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1 (h) Inhaler use.--Asthmatic students whose parent and
2 physician provide their approval to the school principal may
3 carry a metered dose inhaler on their person while in school.
4 The school principal shall be provided a copy of the parent's
5 and physician's approval.
6 (4) DISCIPLINE.--
7 (a) Suspension of public school student.--In
8 accordance with the provisions of s. 1006.09(1)-(4):
9 1. A student may be suspended only as provided by rule
10 of the district school board. A good faith effort must be made
11 to immediately inform the parent by telephone of the student's
12 suspension and the reason. Each suspension and the reason
13 must be reported in writing within 24 hours to the parent by
14 U.S. mail. A good faith effort must be made to use parental
15 assistance before suspension unless the situation requires
16 immediate suspension.
17 2. A student with a disability may only be recommended
18 for suspension or expulsion in accordance with State Board of
19 Education rules.
20 (b) Expulsion.--Public school students and their
21 parents have the right to written notice of a recommendation
22 of expulsion, including the charges against the student and a
23 statement of the right of the student to due process, in
24 accordance with the provisions of s. 1001.51(8).
25 (c) Corporal punishment.--In accordance with the
26 provisions of s. 1003.32, corporal punishment of a public
27 school student may only be administered by a teacher or school
28 principal within guidelines of the school principal and
29 according to district school board policy. Another adult must
30 be present and must be informed in the student's presence of
31 the reason for the punishment. Upon request, the teacher or
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1 school principal must provide the parent with a written
2 explanation of the reason for the punishment and the name of
3 the other adult who was present.
4 (5) SAFETY.--In accordance with the provisions of s.
5 1006.13(5), students who have been victims of certain felony
6 offenses by other students, as well as the siblings of the
7 student victims, have the right to be kept separated from the
8 student offender both at school and during school
9 transportation.
10 (6) EDUCATIONAL CHOICE.--
11 (a) Public school choices.--Parents of public school
12 students may seek whatever public school choice options that
13 are applicable to their students and are available to students
14 in their school districts. These options may include
15 controlled open enrollment, lab schools, charter schools,
16 charter technical career centers, magnet schools, alternative
17 schools, special programs, advanced placement, dual
18 enrollment, International Baccalaureate, early admissions,
19 credit by examination or demonstration of competency, the New
20 World School of the Arts, the Florida School for the Deaf and
21 the Blind, and the Florida Virtual School. These options may
22 also include the public school choice options of the
23 Opportunity Scholarship Program and the McKay Scholarships for
24 Students with Disabilities Program.
25 (b) Private school choices.--Parents of public school
26 students may seek private school choice options under certain
27 programs.
28 1. Under the Opportunity Scholarship Program, the
29 parent of a student in a failing public school may request and
30 receive an opportunity scholarship for the student to attend a
31
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1 private school in accordance with the provisions of s.
2 1002.38.
3 2. Under the McKay Scholarships for Students with
4 Disabilities Program, the parent of a public school student
5 with a disability who is dissatisfied with the student's
6 progress may request and receive a McKay Scholarship for the
7 student to attend a private school in accordance with the
8 provisions of s. 1002.39.
9 3. Under the corporate income tax credit scholarship
10 program, the parent of a student who qualifies for free or
11 reduced-price school lunch may seek a scholarship from an
12 eligible nonprofit scholarship-funding organization in
13 accordance with the provisions of s. 220.187.
14 (c) Home education.--The parent of a student may
15 choose to place the student in a home education program in
16 accordance with the provisions of s. 1002.41.
17 (d) Private tutoring.--The parent of a student may
18 choose to place the student in a private tutoring program in
19 accordance with the provisions of s. 1002.43(1).
20 (7) NONDISCRIMINATION.--All education programs,
21 activities, and opportunities offered by public educational
22 institutions must be made available without discrimination on
23 the basis of race, ethnicity, national origin, gender,
24 disability, or marital status, in accordance with the
25 provisions of s. 1000.05.
26 (8) STUDENTS WITH DISABILITIES.--Parents of public
27 school students with disabilities and parents of public school
28 students in residential care facilities are entitled to notice
29 and due process in accordance with the provisions of ss.
30 1003.57 and 1003.58. Public school students with disabilities
31 must be provided the opportunity to meet the graduation
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1 requirements for a standard high school diploma in accordance
2 with the provisions of s. 1003.43(4). Certain public school
3 students with disabilities may be awarded a special diploma
4 upon high school graduation.
5 (9) BLIND STUDENTS.--Blind students have the right to
6 an individualized written education program and appropriate
7 instructional materials to attain literacy, in accordance with
8 provisions of s. 1003.55.
9 (10) LIMITED ENGLISH PROFICIENT STUDENTS.--In
10 accordance with the provisions of s. 1003.56, limited English
11 proficient students have the right to receive ESOL (English
12 for Speakers of Other Languages) instruction designed to
13 develop the student's mastery of listening, speaking, reading,
14 and writing in English as rapidly as possible, and the
15 students' parents have the right of parental involvement in
16 the ESOL program.
17 (11) BASIC RELIGIOUS FREEDOMS.--In accordance with the
18 joint statement of current case law by the American Jewish
19 Congress, the ACLU, the Anti-Defamation League, and others:
20 (a) Right to pray.--Students have the right to pray
21 individually or in groups or to discuss their religious views
22 with their peers so long as they are not disruptive.
23 (b) Right to express.--Students may express their
24 religious beliefs in the form of reports, homework, and
25 artwork, and such expressions are constitutionally protected.
26 Teachers may not reject or correct such submissions simply
27 because they include a religious symbol or address religious
28 themes.
29 (c) Right to distribute.--Students have the right to
30 distribute religious literature to their schoolmates, subject
31 to those reasonable time, place, and manner or other
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1 constitutionally acceptable restrictions imposed on the
2 distribution of all nonschool literature.
3 (d) Right to participate.--Student participation in
4 before-school or after-school events, such as "See you at the
5 pole," is permissible.
6 (e) Right to speak.--Students have the right to speak
7 to, and attempt to persuade, their peers about religious
8 topics just as they do with regard to political topics.
9 (f) Right to meet.--Student religious clubs in
10 secondary schools must be permitted to meet and to have equal
11 access to campus media to announce their meetings if a school
12 receives federal funds and permits any student noncurricular
13 club to meet during noninstructional time.
14 (12) PLEDGE OF ALLEGIANCE.--A public school student
15 must be excused from reciting the pledge of allegiance upon
16 written request by the student's parent, in accordance with
17 the provisions of s. 1003.44.
18 (13) STUDENT RECORDS.--
19 (a) Parent rights.--Parents have rights regarding the
20 student records of their children, including right of access,
21 right of waiver of access, right to challenge and hearing, and
22 right of privacy, in accordance with the provisions of s.
23 1002.22.
24 (b) Student rights.--In accordance with the provisions
25 of s. 1008.386, a student is not required to provide his or
26 her social security number as a condition for enrollment or
27 graduation.
28 (14) STUDENT REPORT CARDS.--Students and their parents
29 have the right to receive student report cards on a regular
30 basis that clearly depict and grade the student's academic
31 performance in each class or course, the student's conduct,
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1 and the student's attendance, in accordance with the
2 provisions of s. 1003.33.
3 (15) STUDENT PROGRESS REPORTS.--Parents of public
4 school students shall be apprised at regular intervals of the
5 academic progress and other needed information regarding their
6 child, in accordance with the provisions of s. 1003.02(1)(h)2.
7 (16) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT
8 RATING REPORTS.--Parents of public school students are
9 entitled to an easy-to-read report card about the grade
10 designation, school accountability including the school
11 financial report, and school improvement rating of their
12 child's school in accordance with the provisions of ss.
13 1008.22, 1003.02(3), and 1010.215(5).
14 (17) ATHLETICS; PUBLIC HIGH SCHOOL.--
15 (a) Eligibility.--Eligibility requirements for all
16 students participating in high school athletic competition
17 must allow a student to be eligible in the school in which he
18 or she first enrolls each school year, or makes himself or
19 herself a candidate for an athletic team by engaging in
20 practice before enrolling, in accordance with the provisions
21 of s. 1006.20(2)(a).
22 (b) Medical evaluation.--Students must satisfactorily
23 pass a medical evaluation each year before participating in
24 athletics, unless the parent objects in writing based on
25 religious tenets or practices, in accordance with the
26 provisions of s. 1006.20(2)(d).
27 (18) EXTRACURRICULAR ACTIVITIES.--In accordance with
28 the provisions of s. 1006.15:
29 (a) Eligibility.--Students who meet specified academic
30 and conduct requirements are eligible to participate in
31 extracurricular activities.
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1 (b) Home education students.--Home education students
2 who meet specified academic and conduct requirements are
3 eligible to participate in extracurricular activities at the
4 public school to which the student would be assigned or could
5 choose to attend according to district school board policies,
6 or may develop an agreement to participate at a private
7 school.
8 (c) Charter school students.--Charter school students
9 who meet specified academic and conduct requirements are
10 eligible to participate in extracurricular activities at the
11 public school to which the student would be assigned or could
12 choose to attend according to district school board policies,
13 unless such activity is provided by the student's charter
14 school.
15 (d) Discrimination prohibited.--Organizations that
16 regulate or govern extracurricular activities of public
17 schools shall not discriminate against any eligible student
18 based on an educational choice of public, private, or home
19 education.
20 (19) INSTRUCTIONAL MATERIALS.--
21 (a) Core courses.--Each public school student is
22 entitled to sufficient instructional materials in the core
23 courses of mathematics, language arts, social studies,
24 science, reading, and literature, in accordance with the
25 provisions of ss. 1003.02(1)(d) and 1006.40(2).
26 (b) Curricular objectives.--The parent of each public
27 school student has the right to receive effective
28 communication from the school principal as to the manner in
29 which instructional materials are used to implement the
30 school's curricular objectives, in accordance with the
31 provisions of s. 1006.28(3)(a).
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1 (c) Sale of instructional materials.--Upon request of
2 the parent of a public school student, the school principal
3 must sell to the parent any instructional materials used in
4 the school, in accordance with the provisions of s.
5 1006.28(3)(c).
6 (d) Dual enrollment students.--Instructional materials
7 purchased by a district school board or community college
8 board of trustees on behalf of public school dual enrollment
9 students shall be made available to the dual enrollment
10 students free of charge, in accordance with the provisions of
11 s. 1007.271(14) and (15).
12 (20) JUVENILE JUSTICE PROGRAMS.--Students who are in
13 juvenile justice programs have the right to receive
14 educational programs and services in accordance with the
15 provisions of s. 1003.52.
16 (21) PARENTAL INPUT AND MEETINGS.--
17 (a) Meetings with school district personnel.--Parents
18 of public school students may be accompanied by another adult
19 of their choice at any meeting with school district personnel.
20 (b) School district best financial management practice
21 reviews.--Public school students and their parents may provide
22 input regarding their concerns about the operations and
23 management of the school district both during and after the
24 conduct of a school district best financial management
25 practices review, in accordance with the provisions of s.
26 1008.35.
27 (c) District school board educational facilities
28 programs.--Parents of public school students and other members
29 of the public have the right to receive proper public notice
30 and opportunity for public comment regarding the district
31
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1 school board's educational facilities work program, in
2 accordance with the provisions of s. 1013.35.
3 (22) TRANSPORTATION.--
4 (a) Transportation to school.--Public school students
5 shall be provided transportation to school, in accordance with
6 the provisions of s. 1006.21(3)(a).
7 (b) Hazardous walking conditions.--K-6 public school
8 students shall be provided transportation if they are
9 subjected to hazardous walking conditions, in accordance with
10 the provisions of ss. 1006.21(3)(b) and 1006.23.
11 (c) Parental consent.--Each parent of a public school
12 student must be notified in writing and give written consent
13 before the student may be transported in a privately owned
14 motor vehicle to a school function, in accordance with the
15 provisions of s. 1006.22(2)(b).
16 Section 93. Section 1002.21, Florida Statutes, is
17 created to read:
18 1002.21 Postsecondary student and parent rights.--
19 (1) STUDENT RECORDS.--Parents have rights regarding
20 the student records of their children, and students 18 years
21 of age and older have rights regarding their student records,
22 including right of access, right of waiver of access, right to
23 challenge and hearing, and right of privacy, in accordance
24 with the provisions of ss. 1002.22, 1005.36, and 1006.52.
25 (2) LEARNING DISABLED STUDENTS.--Impaired and learning
26 disabled students may be eligible for reasonable substitution
27 for admission, graduation, and upper-level division
28 requirements of public postsecondary educational institutions,
29 in accordance with the provisions of s. 1007.264.
30 (3) EXPULSION, SUSPENSION, DISCIPLINE.--Public
31 postsecondary education students may be expelled, suspended,
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1 or otherwise disciplined by the president of a public
2 postsecondary educational institution after notice to the
3 student of the charges and a hearing on the charges, in
4 accordance with the provisions of s. 1006.62.
5 (4) RELIGIOUS BELIEFS.--Public postsecondary
6 educational institutions must provide reasonable
7 accommodations for the religious practices and beliefs of
8 individual students in regard to admissions, class attendance,
9 and the scheduling of examinations and work assignments, in
10 accordance with the provisions of s. 1006.53, and must provide
11 and describe in the student handbook a grievance procedure for
12 students to seek redress when they feel they have been
13 unreasonably denied an educational benefit due to their
14 religious beliefs or practices.
15 (5) STUDENT HANDBOOKS.--Each state university and
16 community college shall provide its students with an
17 up-to-date student handbook that includes student rights and
18 responsibilities, appeals processes available to students,
19 contact persons available to help students, student conduct
20 code, and information regarding HIV and AIDS, in accordance
21 with the provisions of s. 1006.50.
22 (6) STUDENT OMBUDSMAN OFFICE.--Each state university
23 and community college shall maintain a student ombudsman
24 office and established procedures for students to appeal to
25 the office regarding decisions about the student's access to
26 courses and credit granted toward the student's degree, in
27 accordance with the provisions of s. 1006.51.
28 Section 94. Section 1002.22, Florida Statutes, is
29 created to read:
30 1002.22 Student records and reports; rights of parents
31 and students; notification; penalty.--
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1 (1) PURPOSE.--The purpose of this section is to
2 protect the rights of students and their parents with respect
3 to student records and reports as created, maintained, and
4 used by public educational institutions in the state. The
5 intent of the Legislature is that students and their parents
6 shall have rights of access, rights of challenge, and rights
7 of privacy with respect to such records and reports, and that
8 rules shall be available for the exercise of these rights.
9 (2) DEFINITIONS.--As used in this section:
10 (a) "Chief executive officer" means that person,
11 whether elected or appointed, who is responsible for the
12 management and administration of any public educational body
13 or unit, or the chief executive officer's designee for student
14 records; that is, the district school superintendent, the
15 director of an area technical center, the president of a
16 public postsecondary educational institution, or their
17 designees.
18 (b) "Directory information" includes the student's
19 name, address, telephone number if it is a listed number, date
20 and place of birth, major field of study, participation in
21 officially recognized activities and sports, weight and height
22 of members of athletic teams, dates of attendance, degrees and
23 awards received, and the most recent previous educational
24 agency or institution attended by the student.
25 (c) "Records" and "reports" mean official records,
26 files, and data directly related to students that are created,
27 maintained, and used by public educational institutions,
28 including all material that is incorporated into each
29 student's cumulative record folder and intended for school use
30 or to be available to parties outside the school or school
31 system for legitimate educational or research purposes.
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1 Materials that shall be considered as part of a student's
2 record include, but are not necessarily limited to:
3 identifying data, including a student's social security
4 number; academic work completed; level of achievement records,
5 including grades and standardized achievement test scores;
6 attendance data; scores on standardized intelligence,
7 aptitude, and psychological tests; interest inventory results;
8 health data; family background information; teacher or
9 counselor ratings and observations; verified reports of
10 serious or recurrent behavior patterns; and any other
11 evidence, knowledge, or information recorded in any medium,
12 including, but not limited to, handwriting, typewriting,
13 print, magnetic tapes, film, microfilm, and microfiche, and
14 maintained and used by an educational agency or institution or
15 by a person acting for such agency or institution. However,
16 the terms "records" and "reports" do not include:
17 1. Records of instructional, supervisory, and
18 administrative personnel, and educational personnel ancillary
19 to those persons, that are kept in the sole possession of the
20 maker of the record and are not accessible or revealed to any
21 other person except a substitute for any of such persons. An
22 example of records of this type is instructor's grade books.
23 2. Records of law enforcement units of the institution
24 that are maintained solely for law enforcement purposes and
25 that are not available to persons other than officials of the
26 institution or law enforcement officials of the same
27 jurisdiction in the exercise of that jurisdiction.
28 3. Records made and maintained by the institution in
29 the normal course of business that relate exclusively to a
30 student in his or her capacity as an employee and that are not
31 available for use for any other purpose.
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1 4. Records created or maintained by a physician,
2 psychiatrist, psychologist, or other recognized professional
3 or paraprofessional acting in his or her professional or
4 paraprofessional capacity, or assisting in that capacity, that
5 are created, maintained, or used only in connection with the
6 provision of treatment to the student and that are not
7 available to anyone other than persons providing such
8 treatment. However, such records shall be open to a physician
9 or other appropriate professional of the student's choice.
10 5. Directory information as defined in this section.
11 6. Other information, files, or data that do not
12 permit the personal identification of a student.
13 7. Letters or statements of recommendation or
14 evaluation that were confidential under Florida law and that
15 were received and made a part of the student's educational
16 records prior to July 1, 1977.
17 8. Copies of the student's fingerprints. No public
18 educational institution shall maintain any report or record
19 relative to a student that includes a copy of the student's
20 fingerprints.
21 (d) "Student" means any child or adult who is enrolled
22 or who has been enrolled in any instructional program or
23 activity conducted under the authority and direction of an
24 institution comprising a part of the state system of public
25 education and with respect to whom an educational institution
26 maintains educational records and reports or personally
27 identifiable information, but does not include a person who
28 has not been in attendance as an enrollee at such institution.
29 (3) RIGHTS OF PARENT OR STUDENT.--The parent of any
30 student who attends or has attended any public school, area
31 technical center, or public postsecondary educational
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1 institution shall have the following rights with respect to
2 any records or reports created, maintained, and used by any
3 public educational institution in the state. However,
4 whenever a student has attained 18 years of age, or is
5 attending a postsecondary educational institution, the
6 permission or consent required of, and the rights accorded to,
7 the parents of the student shall thereafter be required of and
8 accorded to the student only, unless the student is a
9 dependent student of such parents as defined in 26 U.S.C. s.
10 152 (s. 152 of the Internal Revenue Code of 1954). The State
11 Board of Education shall adopt rules whereby parents or
12 students may exercise these rights:
13 (a) Right of access.--
14 1. Such parent or student shall have the right, upon
15 request directed to the appropriate school official, to be
16 provided with a list of the types of records and reports,
17 directly related to students, as maintained by the institution
18 that the student attends or has attended.
19 2. Such parent or student shall have the right, upon
20 request, to be shown any record or report relating to such
21 student maintained by any public educational institution.
22 When the record or report includes information on more than
23 one student, the parent or student shall be entitled to
24 receive, or be informed of, only that part of the record or
25 report that pertains to the student who is the subject of the
26 request. Upon a reasonable request therefor, the institution
27 shall furnish such parent or student with an explanation or
28 interpretation of any such record or report.
29 3. Copies of any list, record, or report requested
30 under the provisions of this paragraph shall be furnished to
31 the parent or student upon request.
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1 4. The State Board of Education shall adopt rules to
2 be followed by all public educational institutions in granting
3 requests for lists, or for access to reports and records or
4 for copies or explanations thereof under this paragraph.
5 However, access to any report or record requested under the
6 provisions of subparagraph 2. shall be granted within 30 days
7 after receipt of such request by the institution. Fees may be
8 charged for furnishing any copies of reports or records
9 requested under subparagraph 3., but such fees shall not
10 exceed the actual cost to the institution of producing such
11 copies.
12 (b) Right of waiver of access to confidential letters
13 or statements.--A parent or student shall have the right to
14 waive the right of access to letters or statements of
15 recommendation or evaluation, except that such waiver shall
16 apply to recommendations or evaluations only if:
17 1. The parent or student is, upon request, notified of
18 the names of all persons submitting confidential letters or
19 statements.
20 2. Such recommendations or evaluations are used solely
21 for the purpose for which they were specifically intended.
22
23 Such waivers may not be required as a condition for admission
24 to, receipt of financial aid from, or receipt of any other
25 services or benefits from, any public agency or public
26 educational institution in this state.
27 (c) Right to challenge and hearing.--A parent or
28 student shall have the right to challenge the content of any
29 record or report to which such person is granted access under
30 paragraph (a), in order to ensure that the record or report is
31 not inaccurate, misleading, or otherwise in violation of the
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1 privacy or other rights of the student and to provide an
2 opportunity for the correction, deletion, or expunction of any
3 inaccurate, misleading, or otherwise inappropriate data or
4 material contained therein. Any challenge arising under the
5 provisions of this paragraph may be settled through informal
6 meetings or discussions between the parent or student and
7 appropriate officials of the educational institution. If the
8 parties at such a meeting agree to make corrections, to make
9 deletions, to expunge material, or to add a statement of
10 explanation or rebuttal to the file, such agreement shall be
11 reduced to writing and signed by the parties; and the
12 appropriate school officials shall take the necessary actions
13 to implement the agreement. If the parties cannot reach an
14 agreement, upon the request of either party, a hearing shall
15 be held on such challenge under rules adopted by the State
16 Board of Education. Upon the request of the parent or student,
17 the hearing shall be exempt from the requirements of s.
18 286.011. Such rules shall include at least the following
19 provisions:
20 1. The hearing shall be conducted within a reasonable
21 period of time following the request for the hearing.
22 2. The hearing shall be conducted, and the decision
23 rendered, by an official of the educational institution or
24 other party who does not have a direct interest in the outcome
25 of the hearing.
26 3. The parent or student shall be afforded a full and
27 fair opportunity to present evidence relevant to the issues
28 raised under this paragraph.
29 4. The decision shall be rendered in writing within a
30 reasonable period of time after the conclusion of the hearing.
31
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1 5. The appropriate school officials shall take the
2 necessary actions to implement the decision.
3 (d) Right of privacy.--Every student shall have a
4 right of privacy with respect to the educational records kept
5 on him or her. Personally identifiable records or reports of a
6 student, and any personal information contained therein, are
7 confidential and exempt from the provisions of s. 119.07(1).
8 No state or local educational agency, board, public school,
9 technical center, or public postsecondary educational
10 institution shall permit the release of such records, reports,
11 or information without the written consent of the student's
12 parent, or of the student himself or herself if he or she is
13 qualified as provided in this subsection, to any individual,
14 agency, or organization. However, personally identifiable
15 records or reports of a student may be released to the
16 following persons or organizations without the consent of the
17 student or the student's parent:
18 1. Officials of schools, school systems, technical
19 centers, or public postsecondary educational institutions in
20 which the student seeks or intends to enroll; and a copy of
21 such records or reports shall be furnished to the parent or
22 student upon request.
23 2. Other school officials, including teachers within
24 the educational institution or agency, who have legitimate
25 educational interests in the information contained in the
26 records.
27 3. The United States Secretary of Education, the
28 Director of the National Institute of Education, the Assistant
29 Secretary for Education, the Comptroller General of the United
30 States, or state or local educational authorities who are
31 authorized to receive such information subject to the
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1 conditions set forth in applicable federal statutes and
2 regulations of the United States Department of Education, or
3 in applicable state statutes and rules of the State Board of
4 Education.
5 4. Other school officials, in connection with a
6 student's application for or receipt of financial aid.
7 5. Individuals or organizations conducting studies for
8 or on behalf of an institution or a board of education for the
9 purpose of developing, validating, or administering predictive
10 tests, administering student aid programs, or improving
11 instruction, if such studies are conducted in such a manner as
12 will not permit the personal identification of students and
13 their parents by persons other than representatives of such
14 organizations and if such information will be destroyed when
15 no longer needed for the purpose of conducting such studies.
16 6. Accrediting organizations, in order to carry out
17 their accrediting functions.
18 7. School readiness coalitions and the Florida
19 Partnership for School Readiness in order to carry out their
20 assigned duties.
21 8. For use as evidence in student expulsion hearings
22 conducted by a district school board pursuant to the
23 provisions of chapter 120.
24 9. Appropriate parties in connection with an
25 emergency, if knowledge of the information in the student's
26 educational records is necessary to protect the health or
27 safety of the student or other individuals.
28 10. The Auditor General and the Office of Program
29 Policy Analysis and Government Accountability in connection
30 with their official functions; however, except when the
31 collection of personally identifiable information is
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1 specifically authorized by law, any data collected by the
2 Auditor General and the Office of Program Policy Analysis and
3 Government Accountability is confidential and exempt from the
4 provisions of s. 119.07(1) and shall be protected in such a
5 way as will not permit the personal identification of students
6 and their parents by other than the Auditor General, the
7 Office of Program Policy Analysis and Government
8 Accountability, and their staff, and such personally
9 identifiable data shall be destroyed when no longer needed for
10 the Auditor General's and the Office of Program Policy
11 Analysis and Government Accountability's official use.
12 11.a. A court of competent jurisdiction in compliance
13 with an order of that court or the attorney of record pursuant
14 to a lawfully issued subpoena, upon the condition that the
15 student and the student's parent are notified of the order or
16 subpoena in advance of compliance therewith by the educational
17 institution or agency.
18 b. A person or entity pursuant to a court of competent
19 jurisdiction in compliance with an order of that court or the
20 attorney of record pursuant to a lawfully issued subpoena,
21 upon the condition that the student, or his or her parent if
22 the student is either a minor and not attending a
23 postsecondary educational institution or a dependent of such
24 parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
25 Revenue Code of 1954), is notified of the order or subpoena in
26 advance of compliance therewith by the educational institution
27 or agency.
28 12. Credit bureaus, in connection with an agreement
29 for financial aid that the student has executed, provided that
30 such information may be disclosed only to the extent necessary
31 to enforce the terms or conditions of the financial aid
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1 agreement. Credit bureaus shall not release any information
2 obtained pursuant to this paragraph to any person.
3 13. Parties to an interagency agreement among the
4 Department of Juvenile Justice, school and law enforcement
5 authorities, and other signatory agencies for the purpose of
6 reducing juvenile crime and especially motor vehicle theft by
7 promoting cooperation and collaboration, and the sharing of
8 appropriate information in a joint effort to improve school
9 safety, to reduce truancy and in-school and out-of-school
10 suspensions, and to support alternatives to in-school and
11 out-of-school suspensions and expulsions that provide
12 structured and well-supervised educational programs
13 supplemented by a coordinated overlay of other appropriate
14 services designed to correct behaviors that lead to truancy,
15 suspensions, and expulsions, and that support students in
16 successfully completing their education. Information provided
17 in furtherance of such interagency agreements is intended
18 solely for use in determining the appropriate programs and
19 services for each juvenile or the juvenile's family, or for
20 coordinating the delivery of such programs and services, and
21 as such is inadmissible in any court proceedings prior to a
22 dispositional hearing unless written consent is provided by a
23 parent or other responsible adult on behalf of the juvenile.
24
25 This paragraph does not prohibit any educational institution
26 from publishing and releasing to the general public directory
27 information relating to a student if the institution elects to
28 do so. However, no educational institution shall release, to
29 any individual, agency, or organization that is not listed in
30 subparagraphs 1.-13., directory information relating to the
31 student body in general or a portion thereof unless it is
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1 normally published for the purpose of release to the public in
2 general. Any educational institution making directory
3 information public shall give public notice of the categories
4 of information that it has designated as directory information
5 with respect to all students attending the institution and
6 shall allow a reasonable period of time after such notice has
7 been given for a parent or student to inform the institution
8 in writing that any or all of the information designated
9 should not be released.
10 (4) NOTIFICATION.--Every parent and student entitled
11 to rights relating to student records and reports under the
12 provisions of subsection (3) shall be notified annually, in
13 writing, of such rights and that the institution has a policy
14 of supporting the law; the types of information and data
15 generally entered in the student records as maintained by the
16 institution; and the procedures to be followed in order to
17 exercise such rights. The notification shall be general in
18 form and in a manner to be determined by the State Board of
19 Education and may be incorporated with other printed materials
20 distributed to students, such as being printed on the back of
21 school assignment forms or report cards for students attending
22 kindergarten or grades 1 through 12 in the public school
23 system and being printed in college catalogs or in other
24 program announcement bulletins for students attending
25 postsecondary educational institutions.
26 (5) PENALTY.--In the event that any public school
27 official or employee, district school board official or
28 employee, technical center official or employee, or public
29 postsecondary educational institution official or employee
30 refuses to comply with any of the provisions of this section,
31 the aggrieved parent or student shall have an immediate right
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1 to bring an action in the circuit court to enforce the
2 violated right by injunction. Any aggrieved parent or student
3 who brings such an action and whose rights are vindicated may
4 be awarded attorney's fees and court costs.
5 (6) APPLICABILITY TO RECORDS OF DEFUNCT
6 INSTITUTIONS.--The provisions of this section also apply to
7 student records that any nonpublic educational institution
8 that is no longer operating has deposited with the district
9 school superintendent in the county where the nonpublic
10 educational institution was located.
11 Section 95. Part III of chapter 1002, Florida
12 Statutes, shall be entitled "Educational Choice" and shall
13 consist of ss. 1002.31-1002.39.
14 Section 96. Section 1002.31, Florida Statutes, is
15 created to read:
16 1002.31 Public school parental choice.--
17 (1) As used in this section, "controlled open
18 enrollment" means a public education delivery system that
19 allows school districts to make student school assignments
20 using parents' indicated preferential school choice as a
21 significant factor.
22 (2) Each district school board may offer controlled
23 open enrollment within the public schools. The controlled open
24 enrollment program shall be offered in addition to the
25 existing choice programs such as magnet schools, alternative
26 schools, special programs, advanced placement, and dual
27 enrollment.
28 (3) Each district school board shall develop a
29 controlled open enrollment plan which describes the
30 implementation of subsection (2).
31
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1 (4) School districts shall adhere to federal
2 desegregation requirements. No controlled open enrollment
3 plan that conflicts with federal desegregation orders shall be
4 implemented.
5 (5) Each school district shall develop a system of
6 priorities for its plan that includes consideration of the
7 following:
8 (a) An application process required to participate in
9 the controlled open enrollment program.
10 (b) A process that allows parents to declare school
11 preferences.
12 (c) A process that encourages placement of siblings
13 within the same school.
14 (d) A lottery procedure used by the school district to
15 determine student assignment.
16 (e) An appeals process for hardship cases.
17 (f) The procedures to maintain socioeconomic,
18 demographic, and racial balance.
19 (g) The availability of transportation.
20 (h) A process that promotes strong parental
21 involvement, including the designation of a parent liaison.
22 (i) A strategy that establishes a clearinghouse of
23 information designed to assist parents in making informed
24 choices.
25 (6) Plans shall be submitted to the Commissioner of
26 Education. The Commissioner of Education shall develop an
27 annual report on the status of school choice and deliver the
28 report to the Governor, the President of the Senate, and the
29 Speaker of the House of Representatives at least 90 days prior
30 to the convening of the regular session of the Legislature.
31
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1 (7) Notwithstanding any provision of this section, a
2 school district with schools operating on both multiple
3 session schedules and single session schedules shall afford
4 parents of students in multiple session schools preferred
5 access to the controlled open enrollment program of the school
6 district.
7 (8) Each district school board shall annually report
8 the number of students applying for and attending the various
9 types of public schools of choice in the district, including
10 schools such as magnet schools and public charter schools,
11 according to rules adopted by the State Board of Education.
12 Section 97. Section 1002.32, Florida Statutes, is
13 created to read:
14 1002.32 Developmental research (laboratory) schools.--
15 (1) SHORT TITLE.--This section may be cited as the
16 "Sidney Martin Developmental Research School Act."
17 (2) ESTABLISHMENT.--There is established a category of
18 public schools to be known as developmental research
19 (laboratory) schools (lab schools). Each lab school shall
20 provide sequential instruction and shall be affiliated with
21 the college of education within the state university of
22 closest geographic proximity. A lab school to which a charter
23 has been issued under s. 1002.33(5)(b) must be affiliated with
24 the college of education within the state university that
25 issued the charter, but is not subject to the requirement that
26 the state university be of closest geographic proximity. For
27 the purpose of state funding, Florida Agricultural and
28 Mechanical University, Florida Atlantic University, Florida
29 State University, the University of Florida, and other
30 universities approved by the State Board of Education and the
31 Legislature are authorized to sponsor one or more lab schools.
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1 (3) MISSION.--The mission of a lab school shall be the
2 provision of a vehicle for the conduct of research,
3 demonstration, and evaluation regarding management, teaching,
4 and learning. Programs to achieve the mission of a lab school
5 shall embody the goals and standards established pursuant to
6 ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate
7 education for its students.
8 (a) Each lab school shall emphasize mathematics,
9 science, computer science, and foreign languages. The primary
10 goal of a lab school is to enhance instruction and research in
11 such specialized subjects by using the resources available on
12 a state university campus, while also providing an education
13 in nonspecialized subjects. Each lab school shall provide
14 sequential elementary and secondary instruction where
15 appropriate. A lab school may not provide instruction at grade
16 levels higher than grade 12 without authorization from the
17 State Board of Education. Each developmental research school
18 shall develop and implement a school improvement plan pursuant
19 to s. 1003.02(3).
20 (b) Research, demonstration, and evaluation conducted
21 at a lab school may be generated by the college of education
22 and other colleges within the university with which the school
23 is affiliated.
24 (c) Research, demonstration, and evaluation conducted
25 at a lab school may be generated by the State Board of
26 Education. Such research shall respond to the needs of the
27 education community at large, rather than the specific needs
28 of the affiliated college.
29 (d) Research, demonstration, and evaluation conducted
30 at a lab school may consist of pilot projects to be generated
31
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1 by the affiliated college, the State Board of Education, or
2 the Legislature.
3 (e) The exceptional education programs offered at a
4 lab school shall be determined by the research and evaluation
5 goals and the availability of students for efficiently sized
6 programs. The fact that a lab school offers an exceptional
7 education program in no way lessens the general responsibility
8 of the local school district to provide exceptional education
9 programs.
10 (4) STUDENT ADMISSIONS.--Each lab school may establish
11 a primary research objective related to fundamental issues and
12 problems that occur in the public elementary and secondary
13 schools of the state. A student population reflective of the
14 student population of the public school environment in which
15 the issues and problems are most prevalent shall be promoted
16 and encouraged through the establishment and implementation of
17 an admission process that is designed to result in a
18 representative sample of public school enrollment based on
19 gender, race, socioeconomic status, and academic ability,
20 notwithstanding the provisions of s. 1000.05.
21 (5) STUDENT FEES.--Each lab school may charge a
22 student activity and service fee. Any school that elects to
23 charge such a fee shall provide information regarding the use
24 of the fee as well as an annual report that documents the
25 manner in which the moneys provided by such fee were expended.
26 The annual report prescribed in this subsection shall be
27 distributed to the parents of each student. No additional fees
28 shall be charged.
29 (6) SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each lab
30 school may accrue supplemental revenue from
31 supplemental-support organizations, which include, but are not
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1 limited to, alumni associations, foundations, parent-teacher
2 associations, and booster associations. The governing body of
3 each supplemental-support organization shall recommend the
4 expenditure of moneys collected by the organization for the
5 benefit of the school. Such expenditures shall be contingent
6 upon the recommendations of the school advisory council and
7 review of the director. The director may override any proposed
8 expenditure of the organization that would violate Florida
9 Statutes or breach sound educational management.
10 (7) PERSONNEL.--
11 (a) Each lab school may employ either a director or a
12 principal, or both, at the discretion of the university. The
13 duties of such personnel shall be as follows:
14 1. Each director shall be the chief executive officer
15 and shall oversee the education, research, and evaluation
16 goals of the school. The director shall be responsible for
17 recommending policy to the advisory board. The director shall
18 be accountable for the financial resources of the school.
19 2. Each principal shall be the chief educational
20 officer and shall oversee the educational program of the
21 school. The principal shall be accountable for the daily
22 operation and administration of the school.
23 (b) Faculty may serve simultaneously as instructional
24 personnel for the lab school and the university with which the
25 school is affiliated. Nothing in this section is intended to
26 affect the collective bargaining rights of lab school
27 employees, except as specifically provided in this section.
28 (c) Lab school faculty members shall meet the
29 certification requirements of ss. 1012.32 and 1012.42.
30 (8) ADVISORY BOARDS.--Each public school in the state
31 shall establish a school advisory council that is reflective
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1 of the population served by the school, pursuant to s.
2 1001.452, and is responsible for the development and
3 implementation of the school improvement plan pursuant to s.
4 1003.02(3). Lab schools shall comply with the provisions of s.
5 1001.452 in one of two ways:
6 (a) Each lab school may establish two advisory bodies
7 as follows:
8 1. An advisory body pursuant to the provisions and
9 requirements of s. 1001.452 to be responsible for the
10 development and implementation of the school improvement plan,
11 pursuant to s. 1003.02(3).
12 2. An advisory board to provide general oversight and
13 guidance. The dean of the affiliated college of education
14 shall be a standing member of the board, and the president of
15 the university shall appoint four faculty members from the
16 related university, at least two of whom are from the college
17 of education, one layperson who resides in the county in which
18 the school is located, two parents of students who attend the
19 lab school, and one lab school student appointed by the
20 principal to serve on the advisory board. The term of each
21 member shall be for 2 years, and any vacancy shall be filled
22 with a person of the same classification as his or her
23 predecessor for the balance of the unexpired term. The
24 president shall stagger the terms of the initial appointees in
25 a manner that results in the expiration of terms of no more
26 than two members in any year. The president shall call the
27 organizational meeting of the board. The board shall annually
28 elect a chair and a vice chair. There shall be no limitation
29 on successive appointments to the board or successive terms
30 that may be served by a chair or vice chair. The board shall
31 adopt internal organizational procedures or bylaws necessary
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1 for efficient operation as provided in chapter 120. Board
2 members shall not receive per diem or travel expenses for the
3 performance of their duties. The board shall:
4 a. Meet at least quarterly.
5 b. Monitor the operations of the school and the
6 distribution of moneys allocated for such operations.
7 c. Establish necessary policy, program, and
8 administration modifications.
9 d. Evaluate biennially the performance of the director
10 and principal and recommend corresponding action to the dean
11 of the college of education.
12 e. Annually review evaluations of the school's
13 operation and research findings.
14 (b) Each lab school may establish one advisory body
15 responsible for the development and implementation of the
16 school improvement plan, pursuant to s. 1003.02(3), in
17 addition to general oversight and guidance responsibilities.
18 The advisory body shall reflect the membership composition
19 requirements established in s. 1001.452, but may also include
20 membership by the dean of the college of education and
21 additional members appointed by the president of the
22 university that represent faculty members from the college of
23 education, the university, or other bodies deemed appropriate
24 for the mission of the school.
25 (9) FUNDING.--Funding for a lab school, including a
26 charter lab school, shall be provided as follows:
27 (a) Each lab school shall be allocated its
28 proportional share of operating funds from the Florida
29 Education Finance Program as provided in s. 1011.62 and the
30 General Appropriations Act. The nonvoted ad valorem millage
31 that would otherwise be required for lab schools shall be
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1 allocated from state funds. The required local effort funds
2 calculated pursuant to s. 1011.62 shall be allocated from
3 state funds to the schools as a part of the allocation of
4 operating funds pursuant to s. 1011.62. Each eligible lab
5 school shall also receive a proportional share of the sparsity
6 supplement as calculated pursuant to s. 1011.62. In addition,
7 each lab school shall receive its proportional share of all
8 categorical funds, with the exception of s. 1011.68, and new
9 categorical funds enacted after July 1, 1994, for the purpose
10 of elementary or secondary academic program enhancement. The
11 sum of funds available as provided in this paragraph shall be
12 included annually in the Florida Education Finance Program and
13 appropriate categorical programs funded in the General
14 Appropriations Act.
15 (b) There is created a Lab School Educational Facility
16 Trust Fund to be administered by the Commissioner of
17 Education. Allocations from such fund shall be expended solely
18 for the purpose of facility construction, repair, renovation,
19 remodeling, site improvement, or maintenance. The commissioner
20 shall administer the fund in accordance with ss. 1013.60,
21 1013.64, 1013.65, and 1013.66.
22 (c) All operating funds provided under this section
23 shall be deposited in a Lab School Trust Fund and shall be
24 expended for the purposes of this section. The university
25 assigned a lab school shall be the fiscal agent for these
26 funds, and all rules of the university governing the budgeting
27 and expenditure of state funds shall apply to these funds
28 unless otherwise provided by law or rule of the State Board of
29 Education. The State Board of Education shall be the public
30 employer of lab school personnel for collective bargaining
31 purposes.
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1 (d) Each lab school shall receive funds for operating
2 purposes in an amount determined as follows: multiply the
3 maximum allowable nonvoted discretionary millage for
4 operations pursuant to s. 1011.71(1) by the value of 95
5 percent of the current year's taxable value for school
6 purposes for the district in which each lab school is located;
7 divide the result by the total full-time equivalent membership
8 of the district; and multiply the result by the full-time
9 equivalent membership of the lab school. The amount thus
10 obtained shall be discretionary operating funds and shall be
11 appropriated from state funds in the General Appropriations
12 Act to the Lab School Trust Fund.
13 (e) Each lab school shall receive funds for capital
14 improvement purposes in an amount determined as follows:
15 multiply the maximum allowable nonvoted discretionary millage
16 for capital improvements pursuant to s. 1011.71(2) by the
17 value of 95 percent of the current year's taxable value for
18 school purposes for the district in which each lab school is
19 located; divide the result by the total full-time equivalent
20 membership of the district; and multiply the result by the
21 full-time equivalent membership of the lab school. The amount
22 thus obtained shall be discretionary capital improvement funds
23 and shall be appropriated from state funds in the General
24 Appropriations Act to the Lab School Educational Facility
25 Trust Fund.
26 (f) In addition to the funds appropriated for capital
27 outlay budget needs, lab schools may receive specific funding
28 as specified in the General Appropriations Act for upgrading,
29 renovating, and remodeling science laboratories.
30 (g) Each lab school is designated a teacher education
31 center and may provide inservice training to school district
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1 personnel. The Department of Education shall provide funds to
2 the Lab School Trust Fund for this purpose from appropriations
3 for inservice teacher education.
4 (h) A lab school to which a charter has been issued
5 under s. 1002.33(5)(b) is eligible to receive funding for
6 charter school capital outlay if it meets the eligibility
7 requirements of s. 1013.62. If the lab school receives funds
8 from charter school capital outlay, the school shall receive
9 capital outlay funds otherwise provided in this subsection
10 only to the extent that funds allocated pursuant to s. 1013.62
11 are insufficient to provide capital outlay funds to the lab
12 school at one-fifteenth of the cost per student station.
13 (10) IMPLEMENTATION.--The State Board of Education
14 shall adopt rules necessary to facilitate the implementation
15 of this section.
16 (11) EXCEPTIONS TO LAW.--To encourage innovative
17 practices and facilitate the mission of the lab schools, in
18 addition to the exceptions to law specified in s. 1001.23(2),
19 the following exceptions shall be permitted for lab schools:
20 (a) The methods and requirements of the following
21 statutes shall be held in abeyance: ss. 1001.30; 1001.31;
22 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361;
23 1001.362; 1001.363; 1001.37; 1001.371; 1001.372; 1001.38;
24 1001.39; 1001.395; 1001.40; 1001.41; 1001.44; 1001.46;
25 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
26 1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4);
27 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
28 1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
29 1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
30 (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
31 1011.72; 1011.73; 1011.74; 1013.77; and 316.75.
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1 (b) With the exception of s. 1001.42(16), s. 1001.42
2 shall be held in abeyance. Reference to district school boards
3 in s. 1001.42(16) shall mean the president of the university
4 or the president's designee.
5 Section 98. Section 1002.33, Florida Statutes, is
6 created to read:
7 1002.33 Charter schools.--
8 (1) AUTHORIZATION.--Charter schools shall be part of
9 the state's program of public education. All charter schools
10 in Florida are public schools. A charter school may be formed
11 by creating a new school or converting an existing public
12 school to charter status. A public school may not use the term
13 charter in its name unless it has been approved under this
14 section.
15 (2) PURPOSE.--The purpose of charter schools shall be
16 to:
17 (a) Provide additional academic choices for parents
18 and students.
19 (b) Increase learning opportunity choices for
20 students.
21 (c) Increase learning opportunities for all students,
22 with special emphasis on expanded learning experiences for
23 students who are identified as academically low achieving.
24 (d) Encourage the use of different and innovative
25 learning methods.
26 (e) Improve student learning.
27 (f) Establish a new form of accountability for
28 schools.
29 (g) Require the measurement of learning outcomes and
30 create innovative measurement tools.
31 (h) Make the school the unit for improvement.
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1 (i) Provide rigorous competition within the public
2 school district to stimulate continual improvement in all
3 public schools.
4 (j) Expand the capacity of the public school system.
5 (k) Create new professional opportunities for
6 teachers.
7 (3) APPLICATION FOR CHARTER STATUS.--
8 (a) An application for a new charter school may be
9 made by an individual, teachers, parents, a group of
10 individuals, a municipality, or a legal entity organized under
11 the laws of this state.
12 (b) An application for a conversion charter school
13 shall be made by the district school board, the principal,
14 teachers, parents, and/or the school advisory council at an
15 existing public school that has been in operation for at least
16 2 years prior to the application to convert, including a
17 public school-within-a-school that is designated as a school
18 by the district school board. An application submitted
19 proposing to convert an existing public school to a charter
20 school shall demonstrate the support of at least 50 percent of
21 the teachers employed at the school and 50 percent of the
22 parents voting whose children are enrolled at the school,
23 provided that a majority of the parents eligible to vote
24 participate in the ballot process, according to rules adopted
25 by the State Board of Education. A district school board
26 denying an application for a conversion charter school shall
27 provide notice of denial to the applicants in writing within
28 30 days after the meeting at which the district school board
29 denied the application. The notice must specify the exact
30 reasons for denial and must provide documentation supporting
31 those reasons. A private school, parochial school, or home
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1 education program shall not be eligible for charter school
2 status.
3 (4) UNLAWFUL REPRISAL.--
4 (a) No district school board, or district school board
5 employee who has control over personnel actions, shall take
6 unlawful reprisal against another district school board
7 employee because that employee is either directly or
8 indirectly involved with an application to establish a charter
9 school. As used in this subsection, the term "unlawful
10 reprisal" means an action taken by a district school board or
11 a school system employee against an employee who is directly
12 or indirectly involved in a lawful application to establish a
13 charter school, which occurs as a direct result of that
14 involvement, and which results in one or more of the
15 following: disciplinary or corrective action; adverse transfer
16 or reassignment, whether temporary or permanent; suspension,
17 demotion, or dismissal; an unfavorable performance evaluation;
18 a reduction in pay, benefits, or rewards; elimination of the
19 employee's position absent of a reduction in workforce as a
20 result of lack of moneys or work; or other adverse significant
21 changes in duties or responsibilities that are inconsistent
22 with the employee's salary or employment classification. The
23 following procedures shall apply to an alleged unlawful
24 reprisal that occurs as a consequence of an employee's direct
25 or indirect involvement with an application to establish a
26 charter school:
27 1. Within 60 days after the date upon which a reprisal
28 prohibited by this subsection is alleged to have occurred, an
29 employee may file a complaint with the Department of
30 Education.
31
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1 2. Within 3 working days after receiving a complaint
2 under this section, the Department of Education shall
3 acknowledge receipt of the complaint and provide copies of the
4 complaint and any other relevant preliminary information
5 available to each of the other parties named in the complaint,
6 which parties shall each acknowledge receipt of such copies to
7 the complainant.
8 3. If the Department of Education determines that the
9 complaint demonstrates reasonable cause to suspect that an
10 unlawful reprisal has occurred, the Department of Education
11 shall conduct an investigation to produce a fact-finding
12 report.
13 4. Within 90 days after receiving the complaint, the
14 Department of Education shall provide the district school
15 superintendent of the complainant's district and the
16 complainant with a fact-finding report that may include
17 recommendations to the parties or a proposed resolution of the
18 complaint. The fact-finding report shall be presumed
19 admissible in any subsequent or related administrative or
20 judicial review.
21 5. If the Department of Education determines that
22 reasonable grounds exist to believe that an unlawful reprisal
23 has occurred, is occurring, or is to be taken, and is unable
24 to conciliate a complaint within 60 days after receipt of the
25 fact-finding report, the Department of Education shall
26 terminate the investigation. Upon termination of any
27 investigation, the Department of Education shall notify the
28 complainant and the district school superintendent of the
29 termination of the investigation, providing a summary of
30 relevant facts found during the investigation and the reasons
31 for terminating the investigation. A written statement under
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1 this paragraph is presumed admissible as evidence in any
2 judicial or administrative proceeding.
3 6. The Department of Education shall either contract
4 with the Division of Administrative Hearings under s. 120.65,
5 or otherwise provide for a complaint for which the Department
6 of Education determines reasonable grounds exist to believe
7 that an unlawful reprisal has occurred, is occurring, or is to
8 be taken, and is unable to conciliate, to be heard by a panel
9 of impartial persons. Upon hearing the complaint, the panel
10 shall make findings of fact and conclusions of law for a final
11 decision by the Department of Education.
12
13 It shall be an affirmative defense to any action brought
14 pursuant to this section that the adverse action was
15 predicated upon grounds other than, and would have been taken
16 absent, the employee's exercise of rights protected by this
17 section.
18 (b) In any action brought under this section for which
19 it is determined reasonable grounds exist to believe that an
20 unlawful reprisal has occurred, is occurring, or is to be
21 taken, the relief shall include the following:
22 1. Reinstatement of the employee to the same position
23 held before the unlawful reprisal was commenced, or to an
24 equivalent position, or payment of reasonable front pay as
25 alternative relief.
26 2. Reinstatement of the employee's full fringe
27 benefits and seniority rights, as appropriate.
28 3. Compensation, if appropriate, for lost wages,
29 benefits, or other lost remuneration caused by the unlawful
30 reprisal.
31
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1 4. Payment of reasonable costs, including attorney's
2 fees, to a substantially prevailing employee, or to the
3 prevailing employer if the employee filed a frivolous action
4 in bad faith.
5 5. Issuance of an injunction, if appropriate, by a
6 court of competent jurisdiction.
7 6. Temporary reinstatement to the employee's former
8 position or to an equivalent position, pending the final
9 outcome of the complaint, if it is determined that the action
10 was not made in bad faith or for a wrongful purpose, and did
11 not occur after a district school board's initiation of a
12 personnel action against the employee that includes
13 documentation of the employee's violation of a disciplinary
14 standard or performance deficiency.
15 (5) SPONSOR.--
16 (a) A district school board may sponsor a charter
17 school in the county over which the district school board has
18 jurisdiction.
19 (b) A state university may grant a charter to a lab
20 school created under s. 1002.32 and shall be considered to be
21 the school's sponsor. Such school shall be considered a
22 charter lab school.
23 (c) The sponsor shall monitor and review the charter
24 school in its progress towards the goals established in the
25 charter.
26 (d) The sponsor shall monitor the revenues and
27 expenditures of the charter school.
28 (e) The sponsor may approve a charter for a charter
29 school before the applicant has secured space, equipment, or
30 personnel, if the applicant indicates approval is necessary
31 for it to raise working capital.
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1 (f) The sponsor's policies shall not apply to a
2 charter school.
3 (g) 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 (6) APPLICATION PROCESS AND REVIEW.--
7 (a) A district school board shall receive and review
8 all applications for a charter school. A district school board
9 shall receive and consider charter school applications
10 received on or before October 1 of each calendar year for
11 charter schools to be opened at the beginning of the school
12 district's next school year, or to be opened at a time agreed
13 to by the applicant and the district school board. A district
14 school board may receive applications later than this date if
15 it chooses. A sponsor may not charge an applicant for a
16 charter any fee for the processing or consideration of an
17 application, and a sponsor may not base its consideration or
18 approval of an application upon the promise of future payment
19 of any kind.
20 1. In order to facilitate an accurate budget
21 projection process, a district school board shall be held
22 harmless for FTE students who are not included in the FTE
23 projection due to approval of charter school applications
24 after the FTE projection deadline. In a further effort to
25 facilitate an accurate budget projection, within 15 calendar
26 days after receipt of a charter school application, a district
27 school board or other sponsor shall report to the Department
28 of Education the name of the applicant entity, the proposed
29 charter school location, and its projected FTE.
30 2. A district school board shall by a majority vote
31 approve or deny an application no later than 60 calendar days
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1 after the application is received, unless the district school
2 board and the applicant mutually agree to temporarily postpone
3 the vote to a specific date, at which time the district school
4 board shall by a majority vote approve or deny the
5 application. If the district school board fails to act on the
6 application, an applicant may appeal to the State Board of
7 Education as provided in paragraph (b). If an application is
8 denied, the district school board shall, within 10 calendar
9 days, articulate in writing the specific reasons based upon
10 good cause supporting its denial of the charter application.
11 3. For budget projection purposes, the district school
12 board or other sponsor shall report to the Department of
13 Education the approval or denial of a charter application
14 within 10 calendar days after such approval or denial. In the
15 event of approval, the report to the Department of Education
16 shall include the final projected FTE for the approved charter
17 school.
18 4. Upon approval of a charter application, the initial
19 startup shall commence with the beginning of the public school
20 calendar for the district in which the charter is granted
21 unless the district school board allows a waiver of this
22 provision for good cause.
23 (b) An applicant may appeal any denial of that
24 applicant's application or failure to act on an application to
25 the State Board of Education no later than 30 calendar days
26 after receipt of the district school board's decision or
27 failure to act and shall notify the district school board of
28 its appeal. Any response of the district school board shall
29 be submitted to the State Board of Education within 30
30 calendar days after notification of the appeal. Upon receipt
31 of notification from the State Board of Education that a
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1 charter school applicant is filing an appeal, the Commissioner
2 of Education shall convene a meeting of the Charter School
3 Appeal Commission to study and make recommendations to the
4 State Board of Education regarding its pending decision about
5 the appeal. The commission shall forward its recommendation
6 to the state board no later than 7 calendar days prior to the
7 date on which the appeal is to be heard. The State Board of
8 Education shall by majority vote accept or reject the decision
9 of the district school board no later than 60 calendar days
10 after an appeal is filed in accordance with State Board of
11 Education rule. The Charter School Appeal Commission may
12 reject an appeal submission for failure to comply with
13 procedural rules governing the appeals process. The rejection
14 shall describe the submission errors. The appellant may have
15 up to 15 calendar days from notice of rejection to resubmit an
16 appeal that meets requirements of State Board of Education
17 rule. An application for appeal submitted subsequent to such
18 rejection shall be considered timely if the original appeal
19 was filed within 30 calendar days after receipt of notice of
20 the specific reasons for the district school board's denial of
21 the charter application. The State Board of Education shall
22 remand the application to the district school board with its
23 written decision that the district school board approve or
24 deny the application. The district school board shall
25 implement the decision of the State Board of Education. The
26 decision of the State Board of Education is not subject to the
27 provisions of the Administrative Procedures Act, chapter 120.
28 (c) The district school board shall act upon the
29 decision of the State Board of Education within 30 calendar
30 days after it is received. The State Board of Education's
31 decision is a final action subject to judicial review.
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1 (d)1. A Charter School Appeal Commission is
2 established to assist the commissioner and the State Board of
3 Education with a fair and impartial review of appeals by
4 applicants whose charters have been denied or whose charter
5 contracts have not been renewed by their sponsors.
6 2. The Charter School Appeal Commission may receive
7 copies of the appeal documents forwarded to the State Board of
8 Education, review the documents, gather other applicable
9 information regarding the appeal, and make a written
10 recommendation to the commissioner. The recommendation must
11 state whether the appeal should be upheld or denied and
12 include the reasons for the recommendation being offered. The
13 commissioner shall forward the recommendation to the State
14 Board of Education no later than 7 calendar days prior to the
15 date on which the appeal is to be heard. The state board must
16 consider the commission's recommendation in making its
17 decision, but is not bound by the recommendation. The
18 decision of the Charter School Appeal Commission is not
19 subject to the provisions of the Administrative Procedure Act,
20 chapter 120.
21 3. The commissioner shall appoint the members of the
22 Charter School Appeal Commission. Members shall serve without
23 compensation but may be reimbursed for travel and per diem
24 expenses in conjunction with their service. One-half of the
25 members must represent currently operating charter schools and
26 one-half of the members must represent school districts. The
27 commissioner or a named designee shall chair the Charter
28 School Appeal Commission.
29 4. The chair shall convene meetings of the commission
30 and shall ensure that the written recommendations are
31 completed and forwarded in a timely manner. In cases where
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1 the commission cannot reach a decision, the chair shall make
2 the written recommendation with justification, noting that the
3 decision was rendered by the chair.
4 5. Commission members shall throughly review the
5 materials presented to them from the appellant and the
6 sponsor. The commission may request information to clarify
7 the documentation presented to it. In the course of its
8 review, the commission may facilitate the postponement of an
9 appeal in those cases where additional time and communication
10 may negate the need for a formal appeal and both parties
11 agree, in writing, to postpone the appeal to the State Board
12 of Education. A new date certain for the appeal shall then be
13 set based upon the rules and procedures of the State Board of
14 Education. Commission members shall provide a written
15 recommendation to the state board as to whether the appeal
16 should be upheld or denied. A fact-based justification for
17 the recommendation must be included. The chair must ensure
18 that the written recommendation is submitted to the State
19 Board of Education members no later than 7 calendar days prior
20 to the date on which the appeal is to be heard. Both parties
21 in the case shall also be provided a copy of the
22 recommendation.
23 (e) The Department of Education may provide technical
24 assistance to an applicant upon written request.
25 (f) In considering charter applications for a lab
26 school, a state university shall consult with the district
27 school board of the county in which the lab school is located.
28 The decision of a state university may be appealed pursuant to
29 the procedure established in this subsection.
30 (g) The terms and conditions for the operation of a
31 charter school shall be set forth by the sponsor and the
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1 applicant in a written contractual agreement, called a
2 charter. The sponsor shall not impose unreasonable rules or
3 regulations that violate the intent of giving charter schools
4 greater flexibility to meet educational goals. The applicant
5 and sponsor shall have 6 months in which to mutually agree to
6 the provisions of the charter. The Department of Education
7 shall provide mediation services for any dispute regarding
8 this section subsequent to the approval of a charter
9 application and for any dispute relating to the approved
10 charter, except disputes regarding charter school application
11 denials. If the Commissioner of Education determines that the
12 dispute cannot be settled through mediation, the dispute may
13 be appealed to an administrative law judge appointed by the
14 Division of Administrative Hearings. The administrative law
15 judge may rule on issues of equitable treatment of the charter
16 school as a public school, whether proposed provisions of the
17 charter violate the intended flexibility granted charter
18 schools by statute, or on any other matter regarding this
19 section except a charter school application denial, and shall
20 award the prevailing party reasonable attorney's fees and
21 costs incurred to be paid by the losing party. The costs of
22 the administrative hearing shall be paid by the party whom the
23 administrative law judge rules against.
24 (7) CHARTER.--The major issues involving the operation
25 of a charter school shall be considered in advance and written
26 into the charter. The charter shall be signed by the governing
27 body of the charter school and the sponsor, following a public
28 hearing to ensure community input.
29 (a) The charter shall address, and criteria for
30 approval of the charter shall be based on:
31
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1 1. The school's mission, the students to be served,
2 and the ages and grades to be included.
3 2. The focus of the curriculum, the instructional
4 methods to be used, any distinctive instructional techniques
5 to be employed, and identification and acquisition of
6 appropriate technologies needed to improve educational and
7 administrative performance which include a means for promoting
8 safe, ethical, and appropriate uses of technology which comply
9 with legal and professional standards.
10 3. The current incoming baseline standard of student
11 academic achievement, the outcomes to be achieved, and the
12 method of measurement that will be used. The criteria listed
13 in this subparagraph shall include a detailed description for
14 each of the following:
15 a. How the baseline student academic achievement
16 levels and prior rates of academic progress will be
17 established.
18 b. How these baseline rates will be compared to rates
19 of academic progress achieved by these same students while
20 attending the charter school.
21 c. To the extent possible, how these rates of progress
22 will be evaluated and compared with rates of progress of other
23 closely comparable student populations.
24
25 The district school board is required to provide academic
26 student performance data to charter schools for each of their
27 students coming from the district school system, as well as
28 rates of academic progress of comparable student populations
29 in the district school system.
30 4. The methods used to identify the educational
31 strengths and needs of students and how well educational goals
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1 and performance standards are met by students attending the
2 charter school. Included in the methods is a means for the
3 charter school to ensure accountability to its constituents by
4 analyzing student performance data and by evaluating the
5 effectiveness and efficiency of its major educational
6 programs. Students in charter schools shall, at a minimum,
7 participate in the statewide assessment program created under
8 s. 1008.22.
9 5. In secondary charter schools, a method for
10 determining that a student has satisfied the requirements for
11 graduation in s. 1003.43.
12 6. A method for resolving conflicts between the
13 governing body of the charter school and the sponsor.
14 7. The admissions procedures and dismissal procedures,
15 including the school's code of student conduct.
16 8. The ways by which the school will achieve a
17 racial/ethnic balance reflective of the community it serves or
18 within the racial/ethnic range of other public schools in the
19 same school district.
20 9. The financial and administrative management of the
21 school, including a reasonable demonstration of the
22 professional experience or competence of those individuals or
23 organizations applying to operate the charter school or those
24 hired or retained to perform such professional services and
25 the description of clearly delineated responsibilities and the
26 policies and practices needed to effectively manage the
27 charter school. A description of internal audit procedures and
28 establishment of controls to ensure that financial resources
29 are properly managed must be included. Both public sector and
30 private sector professional experience shall be equally valid
31 in such a consideration.
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1 10. A description of procedures that identify various
2 risks and provide for a comprehensive approach to reduce the
3 impact of losses; plans to ensure the safety and security of
4 students and staff; plans to identify, minimize, and protect
5 others from violent or disruptive student behavior; and the
6 manner in which the school will be insured, including whether
7 or not the school will be required to have liability
8 insurance, and, if so, the terms and conditions thereof and
9 the amounts of coverage.
10 11. The term of the charter which shall provide for
11 cancellation of the charter if insufficient progress has been
12 made in attaining the student achievement objectives of the
13 charter and if it is not likely that such objectives can be
14 achieved before expiration of the charter. The initial term of
15 a charter shall be for 3, 4, or 5 years. In order to
16 facilitate access to long-term financial resources for charter
17 school construction, charter schools that are operated by a
18 municipality or other public entity as provided by law are
19 eligible for up to a 15-year charter, subject to approval by
20 the district school board. A charter lab school is eligible
21 for a charter for a term of up to 15 years. In addition, to
22 facilitate access to long-term financial resources for charter
23 school construction, charter schools that are operated by a
24 private, not-for-profit, s. 501(c)(3) status corporation are
25 eligible for up to a 10-year charter, subject to approval by
26 the district school board. Such long-term charters remain
27 subject to annual review and may be terminated during the term
28 of the charter, but only for specific good cause according to
29 the provisions set forth in subsection (8).
30 12. The facilities to be used and their location.
31
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1 13. The qualifications to be required of the teachers
2 and the potential strategies used to recruit, hire, train, and
3 retain qualified staff to achieve best value.
4 14. The governance structure of the school, including
5 the status of the charter school as a public or private
6 employer as required in paragraph (12)(i).
7 15. A timetable for implementing the charter which
8 addresses the implementation of each element thereof and the
9 date by which the charter shall be awarded in order to meet
10 this timetable.
11 16. In the case of an existing public school being
12 converted to charter status, alternative arrangements for
13 current students who choose not to attend the charter school
14 and for current teachers who choose not to teach in the
15 charter school after conversion in accordance with the
16 existing collective bargaining agreement or district school
17 board rule in the absence of a collective bargaining
18 agreement. However, alternative arrangements shall not be
19 required for current teachers who choose not to teach in a
20 charter lab school, except as authorized by the employment
21 policies of the state university which grants the charter to
22 the lab school.
23 (b) A charter may be renewed every 5 school years,
24 provided that a program review demonstrates that the criteria
25 in paragraph (a) have been successfully accomplished and that
26 none of the grounds for nonrenewal established by paragraph
27 (8)(a) have been documented. In order to facilitate long-term
28 financing for charter school construction, charter schools
29 operating for a minimum of 2 years and demonstrating exemplary
30 academic programming and fiscal management are eligible for a
31 15-year charter renewal. Such long-term charter is subject to
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1 annual review and may be terminated during the term of the
2 charter.
3 (c) A charter may be modified during its initial term
4 or any renewal term upon the recommendation of the sponsor or
5 the charter school governing board and the approval of both
6 parties to the agreement.
7 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
8 (a) At the end of the term of a charter, the sponsor
9 may choose not to renew the charter for any of the following
10 grounds:
11 1. Failure to meet the requirements for student
12 performance stated in the charter.
13 2. Failure to meet generally accepted standards of
14 fiscal management.
15 3. Violation of law.
16 4. Other good cause shown.
17 (b) During the term of a charter, the sponsor may
18 terminate the charter for any of the grounds listed in
19 paragraph (a).
20 (c) At least 90 days prior to renewing or terminating
21 a charter, the sponsor shall notify the governing body of the
22 school of the proposed action in writing. The notice shall
23 state in reasonable detail the grounds for the proposed action
24 and stipulate that the school's governing body may, within 14
25 calendar days after receiving the notice, request an informal
26 hearing before the sponsor. The sponsor shall conduct the
27 informal hearing within 30 calendar days after receiving a
28 written request. The charter school's governing body may,
29 within 14 calendar days after receiving the sponsor's decision
30 to terminate or refuse to renew the charter, appeal the
31
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1 decision pursuant to the procedure established in subsection
2 (6).
3 (d) A charter may be terminated immediately if the
4 sponsor determines that good cause has been shown or if the
5 health, safety, or welfare of the students is threatened. The
6 school district in which the charter school is located shall
7 assume operation of the school under these circumstances. The
8 charter school's governing board may, within 14 days after
9 receiving the sponsor's decision to terminate the charter,
10 appeal the decision pursuant to the procedure established in
11 subsection (6).
12 (e) When a charter is not renewed or is terminated,
13 the school shall be dissolved under the provisions of law
14 under which the school was organized, and any unencumbered
15 public funds from the charter school shall revert to the
16 district school board. In the event a charter school is
17 dissolved or is otherwise terminated, all district school
18 board property and improvements, furnishings, and equipment
19 purchased with public funds shall automatically revert to full
20 ownership by the district school board, subject to complete
21 satisfaction of any lawful liens or encumbrances. Any
22 unencumbered public funds from the charter school, district
23 school board property and improvements, furnishings, and
24 equipment purchased with public funds, or financial or other
25 records pertaining to the charter school, in the possession of
26 any person, entity, or holding company, other than the charter
27 school, shall be held in trust upon the district school
28 board's request, until any appeal status is resolved.
29 (f) If a charter is not renewed or is terminated, the
30 charter school is responsible for all debts of the charter
31 school. The district may not assume the debt from any contract
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1 for services made between the governing body of the school and
2 a third party, except for a debt that is previously detailed
3 and agreed upon in writing by both the district and the
4 governing body of the school and that may not reasonably be
5 assumed to have been satisfied by the district.
6 (g) If a charter is not renewed or is terminated, a
7 student who attended the school may apply to, and shall be
8 enrolled in, another public school. Normal application
9 deadlines shall be disregarded under such circumstances.
10 (9) CHARTER SCHOOL REQUIREMENTS.--
11 (a) A charter school shall be nonsectarian in its
12 programs, admission policies, employment practices, and
13 operations.
14 (b) A charter school shall admit students as provided
15 in subsection (10).
16 (c) A charter school shall be accountable to its
17 sponsor for performance as provided in subsection (7).
18 (d) A charter school shall not charge tuition or
19 registration fees, except those fees normally charged by other
20 public schools. However, a charter lab school may charge a
21 student activity and service fee as authorized by s.
22 1002.32(5).
23 (e) A charter school shall meet all applicable state
24 and local health, safety, and civil rights requirements.
25 (f) A charter school shall not violate the
26 antidiscrimination provisions of s. 1000.05.
27 (g) A charter school shall provide for an annual
28 financial audit in accordance with s. 218.39.
29 (h) No organization shall hold more than 15 charters
30 statewide.
31
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1 (i) In order to provide financial information that is
2 comparable to that reported for other public schools, charter
3 schools are to maintain all financial records which constitute
4 their accounting system:
5 1. In accordance with the accounts and codes
6 prescribed in the most recent issuance of the publication
7 titled "Financial and Program Cost Accounting and Reporting
8 for Florida Schools"; or
9 2. At the discretion of the charter school governing
10 board, a charter school may elect to follow generally accepted
11 accounting standards for not-for-profit organizations, but
12 must reformat this information for reporting according to this
13 paragraph.
14
15 Charter schools are to provide annual financial report and
16 program cost report information in the state-required formats
17 for inclusion in district reporting in compliance with s.
18 1011.60(1). Charter schools that are operated by a
19 municipality or are a component unit of a parent nonprofit
20 organization may use the accounting system of the municipality
21 or the parent, but must reformat this information for
22 reporting according to this paragraph.
23 (j) The governing board of the charter school shall
24 annually adopt and maintain an operating budget.
25 (k) The governing body of the charter school shall
26 exercise continuing oversight over charter school operations
27 and make annual progress reports to its sponsor, which upon
28 verification shall be forwarded to the Commissioner of
29 Education at the same time as other annual school
30 accountability reports. The report shall contain at least the
31 following information:
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1 1. The charter school's progress towards achieving the
2 goals outlined in its charter.
3 2. The information required in the annual school
4 report pursuant to s. 1008.345.
5 3. Financial records of the charter school, including
6 revenues and expenditures.
7 4. Salary and benefit levels of charter school
8 employees.
9 (l) A charter school shall not levy taxes or issue
10 bonds secured by tax revenues.
11 (m) A charter school shall provide instruction for at
12 least the number of days required by law for other public
13 schools, and may provide instruction for additional days.
14 (10) ELIGIBLE STUDENTS.--
15 (a) A charter school shall be open to any student
16 covered in an interdistrict agreement or residing in the
17 school district in which the charter school is located;
18 however, in the case of a charter lab school, the charter lab
19 school shall be open to any student eligible to attend the lab
20 school as provided in s. 1002.32 or who resides in the school
21 district in which the charter lab school is located. Any
22 eligible student shall be allowed interdistrict transfer to
23 attend a charter school when based on good cause.
24 (b) The charter school shall enroll an eligible
25 student who submits a timely application, unless the number of
26 applications exceeds the capacity of a program, class, grade
27 level, or building. In such case, all applicants shall have an
28 equal chance of being admitted through a random selection
29 process.
30
31
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1 (c) When a public school converts to charter status,
2 enrollment preference shall be given to students who would
3 have otherwise attended that public school.
4 (d) A charter school may give enrollment preference to
5 the following student populations:
6 1. Students who are siblings of a student enrolled in
7 the charter school.
8 2. Students who are the children of a member of the
9 governing board of the charter school.
10 3. Students who are the children of an employee of the
11 charter school.
12 (e) A charter school may limit the enrollment process
13 only to target the following student populations:
14 1. Students within specific age groups or grade
15 levels.
16 2. Students considered at risk of dropping out of
17 school or academic failure. Such students shall include
18 exceptional education students.
19 3. Students enrolling in a charter
20 school-in-the-workplace or charter school-in-a-municipality
21 established pursuant to subsection (16).
22 4. Students residing within a reasonable distance of
23 the charter school, as described in paragraph (21)(c). Such
24 students shall be subject to a random lottery and to the
25 racial/ethnic balance provisions described in subparagraph
26 (7)(a)8. or any federal provisions that require a school to
27 achieve a racial/ethnic balance reflective of the community it
28 serves or within the racial/ethnic range of other public
29 schools in the same school district.
30 5. Students who meet reasonable academic, artistic, or
31 other eligibility standards established by the charter school
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1 and included in the charter school application and charter or,
2 in the case of existing charter schools, standards that are
3 consistent with the school's mission and purpose. Such
4 standards shall be in accordance with current state law and
5 practice in public schools and may not discriminate against
6 otherwise qualified individuals.
7 6. Students articulating from one charter school to
8 another pursuant to an articulation agreement between the
9 charter schools that has been approved by the sponsor.
10 (f) Students with handicapping conditions and students
11 served in English for Speakers of Other Languages programs
12 shall have an equal opportunity of being selected for
13 enrollment in a charter school.
14 (g) A student may withdraw from a charter school at
15 any time and enroll in another public school as determined by
16 district school board rule.
17 (h) The capacity of the charter school shall be
18 determined annually by the governing board, in conjunction
19 with the sponsor, of the charter school in consideration of
20 the factors identified in this subsection.
21 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
22 ACTIVITIES.--A charter school student is eligible to
23 participate in an interscholastic extracurricular activity at
24 the public school to which the student would be otherwise
25 assigned to attend pursuant to s. 1006.15(3)(d).
26 (12) EMPLOYEES OF CHARTER SCHOOLS.--
27 (a) A charter school shall select its own employees. A
28 charter school may contract with its sponsor for the services
29 of personnel employed by the sponsor.
30 (b) Charter school employees shall have the option to
31 bargain collectively. Employees may collectively bargain as a
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1 separate unit or as part of the existing district collective
2 bargaining unit as determined by the structure of the charter
3 school.
4 (c) The employees of a conversion charter school shall
5 remain public employees for all purposes, unless such
6 employees choose not to do so.
7 (d) The teachers at a charter school may choose to be
8 part of a professional group that subcontracts with the
9 charter school to operate the instructional program under the
10 auspices of a partnership or cooperative that they
11 collectively own. Under this arrangement, the teachers would
12 not be public employees.
13 (e) Employees of a school district may take leave to
14 accept employment in a charter school upon the approval of the
15 district school board. While employed by the charter school
16 and on leave that is approved by the district school board,
17 the employee may retain seniority accrued in that school
18 district and may continue to be covered by the benefit
19 programs of that school district, if the charter school and
20 the district school board agree to this arrangement and its
21 financing. School districts shall not require resignations of
22 teachers desiring to teach in a charter school. This paragraph
23 shall not prohibit a district school board from approving
24 alternative leave arrangements consistent with chapter 1012.
25 (f) Teachers employed by or under contract to a
26 charter school shall be certified as required by chapter 1012.
27 A charter school governing board may employ or contract with
28 skilled selected noncertified personnel to provide
29 instructional services or to assist instructional staff
30 members as education paraprofessionals in the same manner as
31 defined in chapter 1012, and as provided by State Board of
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1 Education rule for charter school governing boards. A charter
2 school may not knowingly employ an individual to provide
3 instructional services or to serve as an education
4 paraprofessional if the individual's certification or
5 licensure as an educator is suspended or revoked by this or
6 any other state. A charter school may not knowingly employ an
7 individual who has resigned from a school district in lieu of
8 disciplinary action with respect to child welfare or safety,
9 or who has been dismissed for just cause by any school
10 district with respect to child welfare or safety. The
11 qualifications of teachers shall be disclosed to parents.
12 (g) A charter school shall employ or contract with
13 employees who have been fingerprinted as provided in s.
14 1012.32. Members of the governing board of the charter school
15 shall also be fingerprinted in a manner similar to that
16 provided in s. 1012.32.
17 (h) For the purposes of tort liability, the governing
18 body and employees of a charter school shall be governed by s.
19 768.28.
20 (i) A charter school shall organize as, or be operated
21 by, a nonprofit organization. A charter school may be operated
22 by a municipality or other public entity as provided for by
23 law. As such, the charter school may be either a private or a
24 public employer. As a public employer, a charter school may
25 participate in the Florida Retirement System upon application
26 and approval as a "covered group" under s. 121.021(34). If a
27 charter school participates in the Florida Retirement System,
28 the charter school employees shall be compulsory members of
29 the Florida Retirement System. As either a private or a public
30 employer, a charter school may contract for services with an
31 individual or group of individuals who are organized as a
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1 partnership or a cooperative. Individuals or groups of
2 individuals who contract their services to the charter school
3 are not public employees.
4 (13) NUMBER OF SCHOOLS.--
5 (a) The number of newly created charter schools is
6 limited to no more than 28 in each school district that has
7 100,000 or more students, no more than 20 in each school
8 district that has 50,000 to 99,999 students, and no more than
9 12 in each school district with fewer than 50,000 students.
10 (b) An existing public school which converts to a
11 charter school shall not be counted towards the limit
12 established by paragraph (a).
13 (c) Notwithstanding any limit established by this
14 subsection, a district school board or a charter school
15 applicant shall have the right to request an increase of the
16 limit on the number of charter schools authorized to be
17 established within the district from the State Board of
18 Education.
19 (d) 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 shall then be
24 designated as one charter school for all purposes listed
25 pursuant to this section.
26 (14) CHARTER SCHOOL COOPERATIVES.--Charter schools may
27 enter into cooperative agreements to form charter school
28 cooperative organizations that may provide the following
29 services: charter school planning and development, direct
30 instructional services, and contracts with charter school
31 governing boards to provide personnel administrative services,
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1 payroll services, human resource management, evaluation and
2 assessment services, teacher preparation, and professional
3 development.
4 (15) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
5 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
6 TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into
7 to borrow or otherwise secure funds for a charter school
8 authorized in this section from a source other than the state
9 or a school district shall indemnify the state and the school
10 district from any and all liability, including, but not
11 limited to, financial responsibility for the payment of the
12 principal or interest. Any loans, bonds, or other financial
13 agreements are not obligations of the state or the school
14 district but are obligations of the charter school authority
15 and are payable solely from the sources of funds pledged by
16 such agreement. The credit or taxing power of the state or the
17 school district shall not be pledged and no debts shall be
18 payable out of any moneys except those of the legal entity in
19 possession of a valid charter approved by a district school
20 board pursuant to this section.
21 (16) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
22 SCHOOLS-IN-A-MUNICIPALITY.--
23 (a) In order to increase business partnerships in
24 education, to reduce school and classroom overcrowding
25 throughout the state, and to offset the high costs for
26 educational facilities construction, the Legislature intends
27 to encourage the formation of business partnership schools or
28 satellite learning centers and municipal-operated schools
29 through charter school status.
30 (b) A charter school-in-the-workplace may be
31 established when a business partner provides the school
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1 facility to be used; enrolls students based upon a random
2 lottery that involves all of the children of employees of that
3 business or corporation who are seeking enrollment, as
4 provided for in subsection (10); and enrolls students
5 according to the racial/ethnic balance provisions described in
6 subparagraph (7)(a)8. Any portion of a facility used for a
7 public charter school shall be exempt from ad valorem taxes,
8 as provided for in s. 1013.54, for the duration of its use as
9 a public school.
10 (c) A charter school-in-a-municipality designation may
11 be granted to a municipality that possesses a charter; enrolls
12 students based upon a random lottery that involves all of the
13 children of the residents of that municipality who are seeking
14 enrollment, as provided for in subsection (10); and enrolls
15 students according to the racial/ethnic balance provisions
16 described in subparagraph (7)(a)8. Any portion of the land and
17 facility used for a public charter school shall be exempt from
18 ad valorem taxes, as provided for in s. 1013.54, for the
19 duration of its use as a public school.
20 (d) As used in this subsection, the terms "business
21 partner" or "municipality" may include more than one business
22 or municipality to form a charter school-in-the-workplace or
23 charter school-in-a-municipality.
24 (17) EXEMPTION FROM STATUTES.--
25 (a) A charter school shall operate in accordance with
26 its charter and shall be exempt from all statutes in chapters
27 1000-1013. However, a charter school shall be in compliance
28 with the following statutes in chapters 1000-1013:
29 1. Those statutes specifically applying to charter
30 schools, including this section.
31
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1 2. Those statutes pertaining to the student assessment
2 program and school grading system.
3 3. Those statutes pertaining to the provision of
4 services to students with disabilities.
5 4. Those statutes pertaining to civil rights,
6 including s. 1000.05, relating to discrimination.
7 5. Those statutes pertaining to student health,
8 safety, and welfare.
9 (b) Additionally, a charter school shall be in
10 compliance with the following statutes:
11 1. Section 286.011, relating to public meetings and
12 records, public inspection, and criminal and civil penalties.
13 2. Chapter 119, relating to public records.
14 (18) FUNDING.--Students enrolled in a charter school,
15 regardless of the sponsorship, shall be funded as if they are
16 in a basic program or a special program, the same as students
17 enrolled in other public schools in the school district.
18 Funding for a charter lab school shall be as provided in s.
19 1002.32.
20 (a) Each charter school shall report its student
21 enrollment to the district school board as required in s.
22 1011.62, and in accordance with the definitions in s. 1011.61.
23 The district school board shall include each charter school's
24 enrollment in the district's report of student enrollment. All
25 charter schools submitting student record information required
26 by the Department of Education shall comply with the
27 Department of Education's guidelines for electronic data
28 formats for such data, and all districts shall accept
29 electronic data that complies with the Department of
30 Education's electronic format.
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1 (b) The basis for the agreement for funding students
2 enrolled in a charter school shall be the sum of the school
3 district's operating funds from the Florida Education Finance
4 Program as provided in s. 1011.62 and the General
5 Appropriations Act, including gross state and local funds,
6 discretionary lottery funds, and funds from the school
7 district's current operating discretionary millage levy;
8 divided by total funded weighted full-time equivalent students
9 in the school district; multiplied by the weighted full-time
10 equivalent students for the charter school. Charter schools
11 whose students or programs meet the eligibility criteria in
12 law shall be entitled to their proportionate share of
13 categorical program funds included in the total funds
14 available in the Florida Education Finance Program by the
15 Legislature, including transportation. Total funding for each
16 charter school shall be recalculated during the year to
17 reflect the revised calculations under the Florida Education
18 Finance Program by the state and the actual weighted full-time
19 equivalent students reported by the charter school during the
20 full-time equivalent student survey periods designated by the
21 Commissioner of Education.
22 (c) If the district school board is providing programs
23 or services to students funded by federal funds, any eligible
24 students enrolled in charter schools in the school district
25 shall be provided federal funds for the same level of service
26 provided students in the schools operated by the district
27 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
28 10306, all charter schools shall receive all federal funding
29 for which the school is otherwise eligible, including Title I
30 funding, not later than 5 months after the charter school
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1 first opens and within 5 months after any subsequent expansion
2 of enrollment.
3 (d) District school boards shall make every effort to
4 ensure that charter schools receive timely and efficient
5 reimbursement, including processing paperwork required to
6 access special state and federal funding for which they may be
7 eligible. The district school board may distribute funds to a
8 charter school for up to 3 months based on the projected
9 full-time equivalent student membership of the charter school.
10 Thereafter, the results of full-time equivalent student
11 membership surveys shall be used in adjusting the amount of
12 funds distributed monthly to the charter school for the
13 remainder of the fiscal year. The payment shall be issued no
14 later than 10 working days after the district school board
15 receives a distribution of state or federal funds. If a
16 warrant for payment is not issued within 30 working days after
17 receipt of funding by the district school board, the school
18 district shall pay to the charter school, in addition to the
19 amount of the scheduled disbursement, interest at a rate of 1
20 percent per month calculated on a daily basis on the unpaid
21 balance from the expiration of the 30-day period until such
22 time as the warrant is issued.
23 (19) FACILITIES.--
24 (a) A charter school shall utilize facilities which
25 comply with the State Uniform Building Code for Public
26 Educational Facilities Construction adopted pursuant to s.
27 1013.37 or with applicable state minimum building codes
28 pursuant to chapter 553 and state minimum fire protection
29 codes pursuant to s. 633.025, as adopted by the authority in
30 whose jurisdiction the facility is located.
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1 (b) Any facility, or portion thereof, used to house a
2 charter school whose charter has been approved by the sponsor
3 and the governing board, pursuant to subsection (7), shall be
4 exempt from ad valorem taxes pursuant to s. 196.1983.
5 (c) Charter school facilities shall utilize facilities
6 which comply with the Florida Building Code, pursuant to
7 chapter 553, and the Florida Fire Prevention Code, pursuant to
8 chapter 633.
9 (d) If a district school board facility or property is
10 available because it is surplus, marked for disposal, or
11 otherwise unused, it shall be provided for a charter school's
12 use on the same basis as it is made available to other public
13 schools in the district. A charter school receiving property
14 from the school district may not sell or dispose of such
15 property without written permission of the school district.
16 Similarly, for an existing public school converting to charter
17 status, no rental or leasing fee for the existing facility or
18 for the property normally inventoried to the conversion school
19 may be charged by the district school board to the parents and
20 teachers organizing the charter school. The charter organizers
21 shall agree to reasonable maintenance provisions in order to
22 maintain the facility in a manner similar to district school
23 board standards. The Public Education Capital Outlay
24 maintenance funds or any other maintenance funds generated by
25 the facility operated as a conversion school shall remain with
26 the conversion school.
27 (20) CAPITAL OUTLAY FUNDING.--Charter schools are
28 eligible for capital outlay funds pursuant to s. 1013.62.
29 (21) SERVICES.--
30 (a) A sponsor shall provide certain administrative and
31 educational services to charter schools. These services shall
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1 include contract management services, full-time equivalent and
2 data reporting services, exceptional student education
3 administration services, test administration services,
4 processing of teacher certificate data services, and
5 information services. Any administrative fee charged by the
6 sponsor for the provision of services shall be limited to 5
7 percent of the available funds defined in paragraph (18)(b).
8 (b) If goods and services are made available to the
9 charter school through the contract with the school district,
10 they shall be provided to the charter school at a rate no
11 greater than the district's actual cost. To maximize the use
12 of state funds, school districts shall allow charter schools
13 to participate in the sponsor's bulk purchasing program if
14 applicable.
15 (c) Transportation of charter school students shall be
16 provided by the charter school consistent with the
17 requirements of part I.e. of chapter 1006. The governing body
18 of the charter school may provide transportation through an
19 agreement or contract with the district school board, a
20 private provider, or parents. The charter school and the
21 sponsor shall cooperate in making arrangements that ensure
22 that transportation is not a barrier to equal access for all
23 students residing within a reasonable distance of the charter
24 school as determined in its charter.
25 (22) PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
26 Department of Education shall provide information to the
27 public, directly and through sponsors, both on how to form and
28 operate a charter school and on how to enroll in charter
29 schools once they are created. This information shall include
30 a standard application format which shall include the
31
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1 information specified in subsection (7). This application
2 format may be used by chartering entities.
3 (23) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
4 REVIEW.--
5 (a) The Department of Education shall regularly
6 convene a Charter School Review Panel in order to review
7 issues, practices, and policies regarding charter schools. The
8 composition of the review panel shall include individuals with
9 experience in finance, administration, law, education, and
10 school governance, and individuals familiar with charter
11 school construction and operation. The panel shall include two
12 appointees each from the Commissioner of Education, the
13 President of the Senate, and the Speaker of the House of
14 Representatives. The Governor shall appoint three members of
15 the panel and shall designate the chair. Each member of the
16 panel shall serve a 1-year term, unless renewed by the office
17 making the appointment. The panel shall make recommendations
18 to the Legislature, to the Department of Education, to charter
19 schools, and to school districts for improving charter school
20 operations and oversight and for ensuring best business
21 practices at and fair business relationships with charter
22 schools.
23 (b) The Legislature shall review the operation of
24 charter schools during the 2005 Regular Session of the
25 Legislature.
26 (24) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon
27 receipt of the annual report required by paragraph (9)(k), the
28 Department of Education shall provide to the State Board of
29 Education, the Commissioner of Education, the President of the
30 Senate, and the Speaker of the House of Representatives an
31 analysis and comparison of the overall performance of charter
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1 school students, to include all students whose scores are
2 counted as part of the statewide assessment program, versus
3 comparable public school students in the district as
4 determined by the statewide assessment program currently
5 administered in the school district, and other assessments
6 administered pursuant to s. 1008.22(3).
7 (25) CONVERSION CHARTER SCHOOL PILOT PROGRAM.--
8 (a) The conversion charter school pilot program is
9 hereby established with the intent to provide incentives for
10 local school districts to approve conversion charter schools.
11 (b) The conversion charter school pilot program shall
12 be a statewide pilot program in which 10 schools shall be
13 selected based on a competitive application process in
14 accordance with this section.
15 (c) The purpose of the pilot program is to produce
16 significant improvements in student achievement and school
17 management, to encourage and measure the use of innovative
18 learning methods, and to make the school the unit for
19 improvement.
20 (d) Each school principal or a majority of the parents
21 of students attending the school, a majority of the school's
22 teachers, or a majority of the members of the school advisory
23 council may apply to the school district to participate in
24 this pilot program on forms which shall be provided by the
25 Department of Education. The forms shall include
26 acknowledgment by the school principal of applicable
27 provisions of this section and s. 1013.62. For purposes of
28 this paragraph, "a majority of the parents of students
29 attending the school" means more than 50 percent of the
30 parents voting whose children are enrolled at the school,
31 provided that a majority of the parents eligible to vote
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1 participate in the ballot process; and "a majority of the
2 school's teachers" means more than 50 percent of the teachers
3 employed at the school, according to procedures established by
4 rule of the State Board of Education pursuant to subsections
5 (3) and (4).
6 (e) A person or group who has applied to participate
7 in the pilot program created by this section, pursuant to
8 paragraph (d), shall not be subject to an unlawful reprisal,
9 as defined by paragraph (4)(a), as a consequence of such
10 application. The procedures established by subsections (3) and
11 (4) shall apply to any alleged unlawful reprisal which occurs
12 as a consequence of such application.
13 (f) A district school board shall receive and review
14 all applications by school principals, parents, teachers, or
15 school advisory council members to participate in the pilot
16 project; shall select the best applications; and shall submit
17 these applications, together with the district school board's
18 letter of endorsement and commitment of support and
19 cooperation toward the success of program implementation, for
20 review by the statewide selection panel established pursuant
21 to paragraph (g).
22 (g) A conversion charter school pilot program
23 statewide selection panel is established. The panel shall be
24 comprised of the following nine members who are not elected
25 public officials:
26 1. Three members shall be appointed by the Governor.
27 2. Two members shall be appointed by the Commissioner
28 of Education.
29 3. Two members shall be appointed by the President of
30 the Senate.
31
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1 4. Two members shall be appointed by the Speaker of
2 the House of Representatives.
3
4 The panel shall review the conversion charter school pilot
5 program applications submitted by the district school boards
6 and shall select the 10 applications which the panel deems
7 best comply with the purpose of the program pursuant to
8 paragraph (c).
9 (h) Each district school board in which there is a
10 school selected by the statewide panel for participation in
11 the pilot program shall receive a grant as provided in the
12 General Appropriations Act:
13 1. One hundred thousand dollars for planning and
14 development for each conversion charter school selected; and
15 2.a. Eighty thousand dollars for each conversion
16 charter school selected with 500 or fewer students;
17 b. One hundred thousand dollars for each conversion
18 charter school selected with more than 500 but fewer than
19 1,001 students; or
20 c. One hundred twenty thousand dollars for each
21 conversion charter school selected with more than 1,000
22 students.
23
24 The Commissioner of Education may reduce the district's FEFP
25 funding entitlement by the amount of the grant awarded under
26 this subsection if he or she determines that the district has
27 failed to comply with its letter of endorsement and commitment
28 of support and cooperation submitted under paragraph (f).
29 (i) Each conversion charter school selected for
30 participation in the pilot program shall make annual progress
31 reports to the district school board and the Commissioner of
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1 Education detailing the school's progress in achieving the
2 purpose of the program as described in paragraph (c).
3 (26) RULEMAKING.--The Department of Education, after
4 consultation with school districts and charter school
5 directors, shall recommend that the State Board of Education
6 adopt rules to implement specific subsections of this section.
7 Such rules shall require minimum paperwork and shall not limit
8 charter school flexibility authorized by statute.
9 Section 99. Section 1002.34, Florida Statutes, is
10 created to read:
11 1002.34 Charter technical career centers.--
12 (1) AUTHORIZATION.--The Legislature finds that the
13 establishment of charter technical career centers can assist
14 in promoting advances and innovations in workforce preparation
15 and economic development. A charter technical career center
16 may provide a learning environment that better serves the
17 needs of a specific population group or a group of
18 occupations, thus promoting diversity and choices within the
19 public education and public postsecondary technical education
20 community in this state. Therefore, the creation of such
21 centers is authorized as part of the state's program of public
22 education. A charter technical career center may be formed by
23 creating a new school or converting an existing school
24 district or community college program to charter technical
25 status.
26 (2) PURPOSE.--The purpose of a charter technical
27 career center is to:
28 (a) Develop a competitive workforce to support local
29 business and industry and economic development.
30 (b) Create a training and education model that is
31 reflective of marketplace realities.
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1 (c) Offer a continuum of career educational
2 opportunities using a school-to-work, tech-prep, technical,
3 academy, and magnet school model.
4 (d) Provide career pathways for lifelong learning and
5 career mobility.
6 (e) Enhance career and technical training.
7 (3) DEFINITIONS.--As used in this section, the term:
8 (a) "Charter technical career center" or "center"
9 means a public school or a public technical center operated
10 under a charter granted by a district school board or
11 community college board of trustees or a consortium, including
12 one or more district school boards and community college
13 boards of trustees, that includes the district in which the
14 facility is located, that is nonsectarian in its programs,
15 admission policies, employment practices, and operations, and
16 is managed by a board of directors.
17 (b) "Sponsor" means a district school board, a
18 community college board of trustees, or a consortium of one or
19 more of each.
20 (4) CHARTER.--A sponsor may designate centers as
21 provided in this section. An application to establish a
22 center may be submitted by a sponsor or another organization
23 that is determined, by rule of the State Board of Education,
24 to be appropriate. However, an independent school is not
25 eligible for status as a center. The charter must be signed
26 by the governing body of the center and the sponsor, and must
27 be approved by the district school board and community college
28 board of trustees in whose geographic region the facility is
29 located. If a charter technical career center is established
30 by the conversion to charter status of a public technical
31 center formerly governed by a district school board, the
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1 charter status of that center takes precedence in any question
2 of governance. The governance of the center or of any program
3 within the center remains with its board of directors unless
4 the board agrees to a change in governance or its charter is
5 revoked as provided in subsection (15). Such a conversion
6 charter technical career center is not affected by a change in
7 the governance of public technical centers or of programs
8 within other centers that are or have been governed by
9 district school boards. A charter technical career center, or
10 any program within such a center, that was governed by a
11 district school board and transferred to a community college
12 prior to the effective date of this act is not affected by
13 this provision. An applicant who wishes to establish a center
14 must submit to the district school board or community college
15 board of trustees, or a consortium of one or more of each, an
16 application that includes:
17 (a) The name of the proposed center.
18 (b) The proposed structure of the center, including a
19 list of proposed members of the board of directors or a
20 description of the qualifications for and method of their
21 appointment or election.
22 (c) The workforce development goals of the center, the
23 curriculum to be offered, and the outcomes and the methods of
24 assessing the extent to which the outcomes are met.
25 (d) The admissions policy and criteria for evaluating
26 the admission of students.
27 (e) A description of the staff responsibilities and
28 the proposed qualifications of the teaching staff.
29 (f) A description of the procedures to be implemented
30 to ensure significant involvement of representatives of
31 business and industry in the operation of the center.
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1 (g) A method for determining whether a student has
2 satisfied the requirements for graduation specified in s.
3 1003.43 and for completion of a postsecondary certificate or
4 degree.
5 (h) A method for granting secondary and postsecondary
6 diplomas, certificates, and degrees.
7 (i) A description of and address for the physical
8 facility in which the center will be located.
9 (j) A method of resolving conflicts between the
10 governing body of the center and the sponsor and between
11 consortium members, if applicable.
12 (k) A method for reporting student data as required by
13 law and rule.
14 (l) Other information required by the district school
15 board or community college board of trustees.
16
17 Students at a center must meet the same testing and academic
18 performance standards as those established by law and rule for
19 students at public schools and public technical centers. The
20 students must also meet any additional assessment indicators
21 that are included within the charter approved by the district
22 school board or community college board of trustees.
23 (5) APPLICATION.--An application to establish a center
24 must be submitted by February 1 of the year preceding the
25 school year in which the center will begin operation. The
26 sponsor must review the application and make a final decision
27 on whether to approve the application and grant the charter by
28 March 1, and may condition the granting of a charter on the
29 center's taking certain actions or maintaining certain
30 conditions. Such actions and conditions must be provided to
31 the applicant in writing. The district school board or
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1 community college board of trustees is not required to issue a
2 charter to any person.
3 (6) SPONSOR.--A district school board or community
4 college board of trustees or a consortium of one or more of
5 each may sponsor a center in the county in which the board has
6 jurisdiction.
7 (a) A sponsor must review all applications for centers
8 received through at least February 1 of each calendar year for
9 centers to be opened at the beginning of the sponsor's next
10 school year. A sponsor may receive applications later than
11 this date if it so chooses. To facilitate an accurate budget
12 projection process, a sponsor shall be held harmless for FTE
13 students who are not included in the FTE projection due to
14 approval of applications after the FTE projection deadline. A
15 sponsor must, by a majority vote, approve or deny an
16 application no later than 60 days after the application is
17 received. If an application is denied, the sponsor must,
18 within 10 days, notify the applicant in writing of the
19 specific reasons for denial, which must be based upon good
20 cause. Upon approval of a charter application, the initial
21 startup must be consistent with the beginning of the public
22 school or community college calendar for the district in which
23 the charter is granted, unless the sponsor allows a waiver of
24 this provision for good cause.
25 (b) An applicant may appeal any denial of its
26 application to the State Board of Education within 30 days
27 after the sponsor's denial and shall notify the sponsor of its
28 appeal. Any response of the sponsor must be submitted to the
29 state board within 30 days after notification of the appeal.
30 The State Board of Education must, by majority vote, accept or
31 reject the decision of the sponsor no later than 60 days after
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1 an appeal is filed, pursuant to State Board of Education rule.
2 The State Board of Education may reject an appeal for failure
3 to comply with procedural rules governing the appeals process,
4 and the rejection must describe the submission errors. The
5 appellant may have up to 15 days after notice of rejection to
6 resubmit an appeal. An application for appeal submitted after
7 a rejection is timely if the original appeal was filed within
8 30 days after the sponsor's denial. The State Board of
9 Education shall remand the application to the sponsor with a
10 written recommendation that the sponsor approve or deny the
11 application, consistent with the state board's decision. The
12 decision of the State Board of Education is not subject to the
13 provisions of chapter 120.
14 (c) The sponsor must act upon the recommendation of
15 the State Board of Education within 30 days after it is
16 received, unless the sponsor determines by competent
17 substantial evidence that approving the state board's
18 recommendation would be contrary to law or the best interests
19 of the students or the community. The sponsor must notify the
20 applicant in writing concerning the specific reasons for its
21 failure to follow the state board's recommendation. The
22 sponsor's action on the state board's recommendation is a
23 final action, subject to judicial review.
24 (d) The Department of Education may provide technical
25 assistance to an applicant upon written request.
26 (e) The terms and conditions for the operation of a
27 center must be agreed to by the sponsor and the applicant in a
28 written contract. The sponsor may not impose unreasonable
29 requirements that violate the intent of giving centers greater
30 flexibility to meet educational goals. The applicant and
31
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1 sponsor must reach an agreement on the provisions of the
2 contract or the application is deemed denied.
3 (f) The sponsor shall monitor and review the center's
4 progress towards charter goals and shall monitor the center's
5 revenues and expenditures.
6 (7) LEGAL ENTITY.--A center must organize as a
7 nonprofit organization and adopt a name and corporate seal. A
8 center is a body corporate and politic, with all powers to
9 implement its charter program. The center may:
10 (a) Be a private or a public employer.
11 (b) Sue and be sued, but only to the same extent and
12 upon the same conditions that a public entity can be sued.
13 (c) Acquire real property by purchase, lease, lease
14 with an option to purchase, or gift, to use as a center
15 facility.
16 (d) Receive and disburse funds.
17 (e) Enter into contracts or leases for services,
18 equipment, or supplies.
19 (f) Incur temporary debts in anticipation of the
20 receipt of funds.
21 (g) Solicit and accept gifts or grants for career
22 center purposes.
23 (h) Take any other action that is not inconsistent
24 with this section and rules adopted under this section.
25 (8) ELIGIBLE STUDENTS.--A center must be open to all
26 students as space is available and may not discriminate in
27 admissions policies or practices on the basis of an
28 individual's physical disability or proficiency in English or
29 on any other basis that would be unlawful if practiced by a
30 public school or a community college. A center may establish
31
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1 reasonable criteria by which to evaluate prospective students,
2 which criteria must be outlined in the charter.
3 (9) FACILITIES.--A center may be located in any
4 suitable location, including part of an existing public school
5 or community college building, space provided on a public
6 worksite, or a public building. A center's facilities must
7 comply with the State Uniform Building Code for Public
8 Educational Facilities Construction adopted pursuant to s.
9