Florida Senate - 2009                                     SB 404
       
       
       
       By Senator Sobel
       
       
       
       
       31-00532-09                                            2009404__
    1                        A bill to be entitled                      
    2         An act relating to the Commissioner of Education;
    3         amending s. 1001.10, F.S.; authorizing the
    4         Commissioner of Education, upon the request of a
    5         district school board, to waive the final examination
    6         requirement for a student who meets certain criteria;
    7         providing an effective date.
    8         
    9  Be It Enacted by the Legislature of the State of Florida:
   10         
   11         Section 1. Subsection (3) of section 1001.10, Florida
   12  Statutes, is amended to read:
   13         1001.10 Commissioner of Education; general powers and
   14  duties.—
   15         (3)(a) To facilitate innovative practices and to allow
   16  local selection of educational methods, the State Board of
   17  Education may authorize the commissioner to waive, upon the
   18  request of a district school board, State Board of Education
   19  rules that relate to district school instruction and school
   20  operations, except those rules pertaining to civil rights, and
   21  student health, safety, and welfare.
   22         (b) The Commissioner of Education is not authorized to
   23  grant waivers for any provisions in rule pertaining to:
   24         1. The allocation and appropriation of state and local
   25  funds for public education;
   26         2. The election, compensation, and organization of school
   27  board members and superintendents;
   28         3. Graduation and state accountability standards; however,
   29  upon the request of a district school board, the commissioner
   30  may waive the final examination requirement for a student who is
   31  maintaining at least an average grade of “B” for the semester
   32  and who has not had more than 3 days of unexcused absences
   33  during the semester;
   34         4. Financial reporting requirements;
   35         5. Reporting of out-of-field teaching assignments under s.
   36  1012.42;
   37         6. Public meetings or; public records; or
   38         7. Due process hearings governed by chapter 120.
   39         (c) No later than January 1 of each year, the commissioner
   40  shall report to the Legislature and the State Board of Education
   41  all approved waiver requests in the preceding year.
   42         Section 2. This act shall take effect July 1, 2009.