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