US Laws, Codes, Statutes & Cases

A.  State Board of Education

B.  Commissioner of Education

C.  Department of Education

1001.01  State Board of Education; generally.

1001.02  General powers of State Board of Education.

1001.03  Specific powers of State Board of Education.

1001.01  State Board of Education; generally.--

(1)  The State Board of Education is established as a body corporate. The state board shall be a citizen board consisting of seven members who are residents of the state appointed by the Governor to staggered 4-year terms, subject to confirmation by the Senate. Members of the state board shall serve without compensation but shall be entitled to reimbursement of travel and per diem expenses in accordance with s. 112.061. Members may be reappointed by the Governor for additional terms not to exceed 8 years of consecutive service.

(2)  The State Board of Education shall select a chair and a vice chair from its appointed members. The chair shall serve a 2-year term and may be reselected for one additional consecutive term.

(3)  Four members of the State Board of Education shall constitute a quorum. No business may be transacted at any meeting unless a quorum is present.

History.--s. 19, ch. 2002-387.

1001.02  General powers of State Board of Education.--

(1)  The State Board of Education is the chief implementing and coordinating body of public education in Florida, and it shall focus on high-level policy decisions. It has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon it for the improvement of the state system of K-20 public education. Except as otherwise provided herein, it may, as it finds appropriate, delegate its general powers to the Commissioner of Education or the directors of the divisions of the department.

(2)  The State Board of Education has the following duties:

(a)  To adopt comprehensive educational objectives for public education.

(b)  To adopt comprehensive long-range plans and short-range programs for the development of the state system of public education.

(c)  To exercise general supervision over the divisions of the Department of Education as necessary to ensure coordination of educational plans and programs and resolve controversies and to minimize problems of articulation and student transfers, to ensure that students moving from one level of education to the next have acquired competencies necessary for satisfactory performance at that level, and to ensure maximum utilization of facilities.

(d)  To adopt for state universities and community colleges, and from time to time modify, minimum and uniform standards of college-level communication and computation skills generally associated with successful performance and progression through the baccalaureate level and to identify college-preparatory high school coursework and postsecondary-level coursework that prepares students with the academic skills necessary to succeed in postsecondary education.

(e)  To adopt and submit to the Governor and Legislature, on or before September 1 of each year, a coordinated K-20 education budget that estimates the expenditure requirements for the State Board of Education, including the Department of Education, the Commissioner of Education, and all of the boards, institutions, agencies, and services under the general supervision of the State Board of Education for the ensuing fiscal year. Any program recommended by the State Board of Education which will require increases in state funding for more than 1 year must be presented in a multiyear budget plan.

(f)  To hold meetings, transact business, keep records, adopt a seal, and perform such other duties as may be necessary for the enforcement of all laws and rules relating to the state system of public education.

(g)  To approve plans for cooperating with the Federal Government.

(h)  To approve plans for cooperating with other public agencies in the development of rules and in the enforcement of laws for which the state board and such agencies are jointly responsible.

(i)  To review plans for cooperating with appropriate nonpublic agencies for the improvement of conditions relating to the welfare of schools.

(j)  To create such subordinate advisory bodies as are required by law or as it finds necessary for the improvement of education.

(k)  To constitute any education bodies or other structures as required by federal law.

(l)  To assist in the economic development of the state by developing a state-level planning process to identify future training needs for industry, especially high-technology industry.

(m)  To assist in the planning and economic development of the state by establishing a clearinghouse for information on educational programs of value to economic development.

(n)  To adopt cohesive rules pursuant to ss. 120.536(1) and 120.54, within statutory authority, for education systemwide issues.

(o)  To authorize the allocation of resources in accordance with law and rule.

(p)  To contract with independent institutions accredited by an agency whose standards are comparable to the minimum standards required to operate a postsecondary educational institution at that level in the state. The purpose of the contract is to provide those educational programs and facilities which will meet needs unfulfilled by the state system of public postsecondary education.

(q)  To recommend that a district school board take action consistent with the state board's decision relating to an appeal of a charter school application.

(r)  To enforce systemwide education goals and policies.

(s)  To establish a detailed procedure for the implementation and operation of a systemwide K-20 technology plan that is based on a common set of data definitions.

(t)  To establish accountability standards for existing legislative performance goals, standards, and measures, and order the development of mechanisms to implement new legislative goals, standards, and measures.

(u)  To adopt criteria and implementation plans for future growth issues, such as new colleges and universities and campus mergers, and to provide for cooperative agreements between and within public and private education sectors.

(v)  To develop, and periodically review for adjustment, a coordinated 5-year plan for postsecondary enrollment and annually submit the plan to the Legislature.

(w)  To approve a new program at the professional level or doctoral level, if:

1.  The university has taken into account the need and demand for the program, the university's mission, and similar program offerings by public and nonpublic counterparts.

2.  The addition of the program will not alter the university's emphasis on undergraduate education.

(x)  To review, and approve or disapprove, degree programs identified as unique pursuant to s. 1007.25.

(y)  To recommend to the Legislature a plan for implementing block tuition programs and providing other incentives to encourage students to graduate within 4 years.

(3)  The State Board of Education shall adopt rules to establish the criteria for assigning, reviewing, and removing limited-access status to an educational program. The State Board of Education shall monitor the extent of limited-access programs within the state universities and report to the Legislature admissions and enrollment data for limited-access programs. Such report shall be submitted annually by December 1 and shall assist in determining the potential need for academic program contracts with independent institutions pursuant to paragraph (2)(p). The report must specify, for each limited-access program within each institution, the following categories, by race and gender:

(a)  The number of applicants.

(b)  The number of applicants granted admission.

(c)  The number of applicants who are granted admission and enroll.

(d)  The number of applicants denied admission.

(e)  The number of applicants neither granted admission nor denied admission.

Each category must be reported for each term. Each category must be reported by type of student, including the following subcategories: native students, community college associate in arts degree transfer students, and other students. Each category and subcategory must further be reported according to the number of students who meet or exceed the minimum eligibility requirements for admission to the program and the number of students who do not meet or exceed the minimum eligibility requirements for admission to the program.

(4)  The State Board of Education shall review, and approve or disapprove, baccalaureate-degree programs that exceed 120 semester hours, after considering accreditation requirements, employment and earnings of graduates, comparative program lengths nationally, and comparisons with similar programs offered by independent institutions. By December 31 of each year, the State Board of Education must report to the Legislature any degrees in the state universities that require more than 120 hours, along with appropriate evidence of need. At least every 5 years, the State Board of Education must determine whether the programs still require more than the standard length of 120 hours.

(5)(a)  The State Board of Education shall adopt a systemwide strategic plan that specifies goals and objectives for the state universities and community colleges. In developing this plan, the State Board of Education shall consider the role of individual public and independent institutions within the state. The plan shall provide for the roles of the universities and community colleges to be coordinated to best meet state needs and reflect cost-effective use of state resources. The strategic plan must clarify mission statements and identify degree programs to be offered at each university and community college in accordance with the objectives provided in this subsection. The systemwide strategic plan must cover a period of 5 years, with modification of the program lists after 2 years. Development of each 5-year plan must be coordinated with and initiated after completion of the master plan. The systemwide and university and community college strategic plans must specifically include programs and procedures for responding to the educational needs of teachers and students in the public schools of this state. The state board shall submit a report to the President of the Senate and the Speaker of the House of Representatives upon modification of the system plan.

(b)  The State Board of Education shall develop long-range plans and annual reports for financial aid in this state. The long-range plans shall establish goals and objectives for a comprehensive program of financial aid for Florida students and shall be updated every 5 years. The annual report shall include an assessment of progress made in achieving goals and objectives established in the long-range plans and recommendations for repealing or modifying existing financial aid programs or establishing new programs. A long-range plan shall be submitted by January 1, 2004, and every 5 years thereafter. An annual report shall be submitted on January 1, 2004, and in each successive year that a long-range plan is not submitted, to the President of the Senate and the Speaker of the House of Representatives.

(6)  The State Board of Education shall coordinate the programs with the Council for Education Policy Research and Improvement, including doctoral programs. The programs shall be reviewed every 5 years or whenever the state board determines that the effectiveness or efficiency of a program is jeopardized. The State Board of Education shall define the indicators of quality and the criteria for program review for every program. Such indicators include need, student demand, industry-driven competencies for advanced technology and related programs, and resources available to support continuation. The results of the program reviews must be tied to the university and community college budget requests.

(7)  The State Board of Education shall:

(a)  Provide for each community college to offer educational training and service programs designed to meet the needs of both students and the communities served.

(b)  Specify, by rule, procedures to be used by the boards of trustees in the annual evaluations of presidents and review the evaluations of presidents by the boards of trustees.

(c)  Establish an effective information system that will provide composite data concerning the community colleges and state universities and ensure that special analyses and studies concerning the institutions are conducted, as necessary, for provision of accurate and cost-effective information concerning the institutions.

(d)  Establish criteria for making recommendations for modifying district boundary lines for community colleges.

(e)  Establish criteria for making recommendations concerning all proposals for the establishment of additional centers or campuses for community colleges and state universities.

(f)  Examine the annual administrative review of each community college and state university.

(g)  Specify, by rule, the degree program courses that may be taken by students concurrently enrolled in college-preparatory instruction.

(h)  Adopt and submit to the Legislature a 3-year list of priorities for fixed-capital-outlay projects.

(8)  The State Board of Education is responsible for reviewing and administering the state program of support for the community colleges and, subject to existing law, shall establish the tuition and out-of-state fees for college-preparatory instruction and for credit instruction that may be counted toward an associate in arts degree, an associate in applied science degree, or an associate in science degree.

(9)  The State Board of Education shall prescribe minimum standards, definitions, and guidelines for community colleges and state universities that will ensure the quality of education, coordination among the community colleges and state universities, and efficient progress toward accomplishing the community college and state university mission. At a minimum, these rules must address:

(a)  Personnel.

(b)  Contracting.

(c)  Program offerings and classification, including college-level communication and computation skills associated with successful performance in college and with tests and other assessment procedures that measure student achievement of those skills. The performance measures must provide that students moving from one level of education to the next acquire the necessary competencies for that level.

(d)  Provisions for curriculum development, graduation requirements, college calendars, and program service areas. These provisions must include rules that:

1.  Provide for the award of an associate in arts degree to a student who successfully completes 60 semester credit hours at the community college.

2.  Require all of the credits accepted for the associate in arts degree to be in the statewide course numbering system as credits toward a baccalaureate degree offered by a state university.

3.  Require no more than 36 semester credit hours in general education courses in the subject areas of communication, mathematics, social sciences, humanities, and natural sciences.

The rules should encourage community colleges to enter into agreements with state universities that allow community college students to complete upper-division-level courses at a community college. An agreement may provide for concurrent enrollment at the community college and the state university and may authorize the community college to offer an upper-division-level course or distance learning.

(e)  Student admissions, conduct and discipline, nonclassroom activities, and fees.

(f)  Budgeting.

(g)  Business and financial matters.

(h)  Student services.

(i)  Reports, surveys, and information systems, including forms and dates of submission.

History.--s. 20, ch. 2002-387.

1001.03  Specific powers of State Board of Education.--

(1)  PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The State Board of Education shall approve the student performance standards known as the Sunshine State Standards in key academic subject areas and grade levels.

(2)  DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF EDUCATION.--The State Board of Education shall govern issues relating to use of property, facilities, and personal services between the Department of Education and its direct-support organization and shall certify that the organization operates at all times in a manner consistent with the goals and best interest of the department, pursuant to s. 1001.24.

(3)  PROFESSIONAL CERTIFICATES.--The State Board of Education shall classify school services, designate the certification subject areas, establish competencies, including the use of technology to enhance student learning, and certification requirements for all school-based personnel, and prescribe rules in accordance with which the professional, temporary, and part-time certificates shall be issued by the Department of Education to applicants who meet the standards prescribed by such rules for their class of service, as described in chapter 1012.

(4)  PROFESSIONAL TEACHER ASSOCIATIONS.--The State Board of Education shall ensure that not-for-profit, professional teacher associations that offer membership to all teachers, noninstructional personnel, and administrators, and that offer teacher training and staff development at no fee to the district, shall be given equal access to voluntary teacher meetings, be provided access to teacher mailboxes for distribution of professional literature, and be authorized to collect voluntary membership fees through payroll deduction.

(5)  IDENTIFICATION OF CRITICAL TEACHER SHORTAGE AREAS.--The State Board of Education shall identify critical teacher shortage areas pursuant to s. 1012.07.

(6)  CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of Education shall issue bonds and approve resolutions regarding the expenditure of funds for capital projects and purposes pursuant to the State Constitution and other applicable law.

(7)  ARTICULATION ACCOUNTABILITY.--The State Board of Education shall develop articulation accountability measures that assess the status of systemwide articulation processes, and shall establish an articulation accountability process in accordance with the provisions of chapter 1008.

(8)  SYSTEMWIDE ENFORCEMENT.--The State Board of Education shall enforce compliance with law and state board rule by all school districts and public postsecondary educational institutions, in accordance with the provisions of s. 1008.32.

(9)  MANAGEMENT INFORMATION DATABASES.--The State Board of Education shall continue to collect and maintain, at a minimum, the management information databases for state universities, and all other components of the public K-20 education system as such databases existed on June 30, 2002.

(10)  COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY EDUCATION.--The State Board of Education shall develop and implement a common placement test to assess the basic computation and communication skills of students who intend to enter a degree program at any community college or state university.

(11)  MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY EDUCATION.--The State Board of Education shall adopt minimum standards relating to nonpublic postsecondary education and institutions, in accordance with the provisions of chapter 1005.

(12)  COMMON POSTSECONDARY DEFINITIONS.--The State Board of Education shall adopt, by rule, common definitions for associate in science degrees and for certificates.

(13)  CYCLIC REVIEW OF POSTSECONDARY ACADEMIC PROGRAMS.--The State Board of Education shall provide for the cyclic review of all academic programs in community colleges and state universities at least every 7 years. Program reviews shall document how individual academic programs are achieving stated student learning and program objectives within the context of the institution's mission. The results of the program reviews shall inform strategic planning, program development, and budgeting decisions at the institutional level.

(14)  UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of Education shall recommend to the Legislature by February 1, 2003, a uniform classification system for school district administrative and management personnel that will facilitate the uniform coding of administrative and management personnel to total district employees.

History.--s. 21, ch. 2002-387.

1001.10  Commissioner of Education; general powers and duties.

1001.11  Commissioner of Education; other duties.

1001.10  Commissioner of Education; general powers and duties.--The Commissioner of Education is the chief educational officer of the state, and is responsible for giving full assistance to the State Board of Education in enforcing compliance with the mission and goals of the seamless K-20 education system. To facilitate innovative practices and to allow local selection of educational methods, the State Board of Education may authorize the commissioner to waive, upon the request of a district school board, State Board of Education rules that relate to district school instruction and school operations, except those rules pertaining to civil rights, and student health, safety, and welfare. The Commissioner of Education is not authorized to grant waivers for any provisions in rule pertaining to the allocation and appropriation of state and local funds for public education; the election, compensation, and organization of school board members and superintendents; graduation and state accountability standards; financial reporting requirements; reporting of out-of-field teaching assignments under s. 1012.42; public meetings; public records; or due process hearings governed by chapter 120. No later than January 1 of each year, the commissioner shall report to the Legislature and the State Board of Education all approved waiver requests in the preceding year. Additionally, the commissioner has the following general powers and duties:

(1)  To appoint staff necessary to carry out his or her powers and duties.

(2)  To advise and counsel with the State Board of Education on all matters pertaining to education; to recommend to the State Board of Education actions and policies as, in the commissioner's opinion, should be acted upon or adopted; and to execute or provide for the execution of all acts and policies as are approved.

(3)  To keep such records as are necessary to set forth clearly all acts and proceedings of the State Board of Education.

(4)  To have a seal for his or her office with which, in connection with his or her own signature, the commissioner shall authenticate true copies of decisions, acts, or documents.

(5)  To recommend to the State Board of Education policies and steps designed to protect and preserve the principal of the State School Fund; to provide an assured and stable income from the fund; to execute such policies and actions as are approved; and to administer the State School Fund.

(6)  To take action on the release of mineral rights based upon the recommendations of the Board of Trustees of the Internal Improvement Trust Fund.

(7)  To submit to the State Board of Education, on or before August 1 of each year, recommendations for a coordinated K-20 education budget that estimates the expenditures for the State Board of Education, including the Department of Education, the Commissioner of Education, and all of the boards, institutions, agencies, and services under the general supervision of the State Board of Education for the ensuing fiscal year. Any program recommended to the State Board of Education that will require increases in state funding for more than 1 year must be presented in a multiyear budget plan.

(8)  To develop and implement a plan for cooperating with the Federal Government in carrying out any or all phases of the educational program and to recommend policies for administering funds that are appropriated by Congress and apportioned to the state for any or all educational purposes.

(9)  To develop and implement policies for cooperating with other public agencies in carrying out those phases of the program in which such cooperation is required by law or is deemed by the commissioner to be desirable and to cooperate with public and nonpublic agencies in planning and bringing about improvements in the educational program.

(10)  To prepare forms and procedures as are necessary to be used by district school boards and all other educational agencies to assure uniformity, accuracy, and efficiency in the keeping of records, the execution of contracts, the preparation of budgets, or the submission of reports; and to furnish at state expense, when deemed advisable by the commissioner, those forms that can more economically and efficiently be provided.

(11)  To implement a program of school improvement and education accountability designed to provide all students the opportunity to make adequate learning gains in each year of school as provided by statute and State Board of Education rule based upon the achievement of the state education goals, recognizing the following:

(a)  The State Board of Education is the body corporate responsible for the supervision of the system of public education.

(b)  The district school board is responsible for school and student performance.

(c)  The individual school is the unit for education accountability.

(d)  The community college board of trustees is responsible for community college performance and student performance.

(e)  The university board of trustees is responsible for university performance and student performance.

(12)  To establish a Citizen Information Center responsible for the preparation, publication, and distribution of materials relating to the state system of seamless K-20 public education.

(13)  To prepare and publish annually reports giving statistics and other useful information pertaining to the Opportunity Scholarship Program.

(14)  To have printed or electronic copies of school laws, forms, instruments, instructions, and rules of the State Board of Education and provide for their distribution.

(15)  To develop criteria for use by state instructional materials committees in evaluating materials submitted for adoption consideration. The criteria shall, as appropriate, be based on instructional expectations reflected in curriculum frameworks and student performance standards. The criteria for each subject or course shall be made available to publishers of instructional materials pursuant to the requirements of chapter 1006.

(16)  To prescribe procedures for evaluating instructional materials submitted by publishers and manufacturers in each adoption.

The commissioner's office shall operate all statewide functions necessary to support the State Board of Education and the K-20 education system, including strategic planning and budget development, general administration, and assessment and accountability.

History.--s. 23, ch. 2002-387.

1001.11  Commissioner of Education; other duties.--

(1)  The Commissioner of Education must independently perform the following duties:

(a)  Cooperate with and coordinate responses to requests from the members of the Legislature.

(b)  Serve as the primary source of information to the Legislature, including the President of the Senate and the Speaker of the House of Representatives, concerning the State Board of Education and the K-20 education system.

(c)  Develop and implement a process for receiving and processing requests, in conjunction with the Legislature, for the allocation of PECO funds for qualified postsecondary education projects.

(d)  Integrally work with the boards of trustees of the state universities and community colleges.

(e)  Monitor the activities of the State Board of Education and provide information related to current and pending policies to the members of the boards of trustees of the community colleges and state universities.

(f)  Ensure the timely provision of information requested by the Legislature from the State Board of Education, the commissioner's office, and the Department of Education.

(2)(a)  The Commissioner of Education shall recommend to the State Board of Education performance goals addressing the educational needs of the state for the K-20 education system. The Council for Education Policy Research and Improvement, as an independent entity, shall develop a report card assigning grades to indicate Florida's progress toward meeting those goals. The annual report card shall contain information showing Florida's performance relative to other states on selected measures, as well as Florida's ability to meet the need for postsecondary degrees and programs and how well the Legislature has provided resources to meet this need. The information shall include the results of the National Assessment of Educational Progress or a similar national assessment program administered to students in Florida. By January 1 of each year, the Council for Education Policy Research and Improvement shall submit the report card to the Legislature, the Governor, and the public.

(b)  Prior to the regular legislative session, the Commissioner of Education shall present to the Legislature a plan for correcting any deficiencies identified in the report card.

(3)  Notwithstanding any other provision of law to the contrary, the Commissioner of Education, in conjunction with the Legislature, must recommend funding priorities for the distribution of capital outlay funds for public postsecondary educational institutions, based on priorities that include, but are not limited to, the following criteria:

(a)  Growth at the institutions.

(b)  Need for specific skills statewide.

(c)  Need for maintaining and repairing existing facilities.

(4)  The commissioner shall develop and implement an integrated K-20 information system for educational management in accordance with the requirements of chapter 1008.

(5)  The commissioner shall design and implement a statewide program of educational assessment that provides information for the improvement of the operation and management of the public schools, including schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, in accordance with the requirements of chapter 1008.

(6)  The commissioner is responsible for implementing and maintaining a system of intensive school improvement and stringent education accountability, in accordance with the requirements of chapter 1008.

History.--s. 24, ch. 2002-387.

1001.20  Department under direction of state board.

1001.21  Office of Private Schools and Home Education Programs.

1001.22  Commission for Independent Education.

1001.23  Specific powers and duties of the Department of Education.

1001.24  Direct-support organization; use of property; board of directors; audit.

1001.25  Educational television.

1001.26  Public broadcasting program system.

1001.27  State satellite network.

1001.28  Distance learning duties.

1001.20  Department under direction of state board.--

(1)  The Department of Education shall be organized consistently with the requirements of s. 20.15, and shall act as an administrative and supervisory agency under the implementation direction of the State Board of Education.

(2)  The department is to be located in the offices of the Commissioner of Education and shall assist in providing professional leadership and guidance and in carrying out the policies, procedures, and duties authorized by law or by the State Board of Education or found necessary by it to attain the purposes and objectives of this code.

(3)  The Department of Education shall maintain an Office of the Commissioner of Education that includes the general areas of operation that are common to all delivery sectors, such as administration, communication, legal services, financial aid, and government and public relations, in order to increase efficiency, improve service delivery to students, and fully support the operational needs of the State Board of Education.

(4)  The Department of Education shall establish the following offices within the Office of the Commissioner of Education which shall coordinate their activities with all other divisions and offices:

(a)  Office of Technology and Information Services.--Responsible for developing a systemwide technology plan, making budget recommendations to the commissioner, providing data collection and management for the system, and coordinating services with other state, local, and private agencies. The office shall develop a method to address the need for a statewide approach to planning and operations of library and information services to achieve a single K-20 education system library information portal and a unified higher education library management system. The Florida Virtual School shall be administratively housed within the office.

(b)  Office of Workforce and Economic Development.--Responsible for evaluating the role of each sector of education in Florida's workforce and economic development, assessing the specific work skills and variety of careers provided, and reporting to the State Board of Education the effectiveness of each sector.

(c)  Office of Educational Facilities and SMART Schools Clearinghouse.--Responsible for validating all educational plant surveys and verifying Florida Inventory of School Houses (FISH) data. The office shall provide technical assistance to public school districts when requested.

(d)  Office of Student Financial Assistance.--Responsible for providing access to and administering state and federal grants, scholarships, and loans to those students seeking financial assistance for postsecondary study pursuant to program criteria and eligibility requirements.

(e)  Office of Inspector General.--Organized using existing resources and funds and responsible for promoting accountability, efficiency, and effectiveness and detecting fraud and abuse within school districts, the Florida School for the Deaf and the Blind, community colleges, and state universities in Florida. If the Commissioner of Education determines that a district school board, the Board of Trustees for the Florida School for the Deaf and the Blind, or a public postsecondary educational institution board is unwilling or unable to address substantiated allegations made by any person relating to waste, fraud, or financial mismanagement, the office shall conduct, coordinate, or request investigations into substantiated allegations made by any person relating to waste, fraud, or financial mismanagement within school districts, the Florida School for the Deaf and the Blind, community colleges, and state universities in Florida. The office shall have access to all information and personnel necessary to perform its duties and shall have all of its current powers, duties, and responsibilities authorized in s. 20.055.

History.--s. 26, ch. 2002-387; s. 2, ch. 2004-331.

1001.21  Office of Private Schools and Home Education Programs.--The state recognizes the contributions of private schools and home education programs in providing alternatives to public school education. These nongovernmental educational systems serve the public, but are not considered to be a part of the public system of education.

(1)  The Office of Private Schools and Home Education Programs is established within the Department of Education. The Department of Education and the Commissioner of Education have no authority over the institutions or students served by the office. The office shall:

(a)  Serve the interests of students and the parents of students in private schools and home education programs.

(b)  Serve the interests of private institutions.

(c)  Provide general information to the public about private and home education delivery systems.

(2)  The Commissioner of Education shall appoint an executive director for the office who shall:

(a)  Serve as a source of communication between private schools, home education programs, the Commissioner of Education, and the State Board of Education.

(b)  Evaluate pending policy to ensure that the policy does not subject private schools and home education programs to additional regulation or mandates.

(c)  Establish a clearinghouse of information for the public.

(d)  Foster a collaborative spirit and working relationship among private schools, home education programs, and the public sector.

(e)  Identify and convey the best practices of private schools and home education programs for the benefit of the public and private education delivery sectors.

(f)  Represent issues and concerns relating to home education programs and private schools on all applicable ad hoc advisory bodies.

History.--s. 27, ch. 2002-387.

1001.22  Commission for Independent Education.--The Commission for Independent Education shall authorize granting of certificates, diplomas, and degrees for independent postsecondary educational institutions pursuant to chapter 1005.

History.--s. 28, ch. 2002-387.

1001.23  Specific powers and duties of the Department of Education.--In addition to all other duties assigned to it by law or by rule of the State Board of Education, the department shall:

(1)  Adopt the statewide kindergarten screening in accordance with s. 1002.69.

(2)  Implement a training program to develop among state and district educators a cadre of facilitators of school improvement in accordance with the provisions of chapter 1008.

(3)  Identify the needs of the state system of public education as they relate to the development and production of materials used in instruction, in accordance with the requirements of chapter 1006.

(4)  After complying with the provisions of s. 257.37, the Department of Education may:

(a)  Photograph, microphotograph, or reproduce on film or prints, documents, records, data, and information of a permanent character and destroy any of the documents after they have been photographed and after audit of the department has been completed for the period embracing the dates of the instruments. Photographs or microphotographs in the form of film or prints made in compliance with the provisions of this subsection shall have the same force and effect as the originals would have, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs.

(b)  Destroy general correspondence that is over 3 years old; records of bills, accounts, vouchers, and requisitions that are over 5 years old and copies of which have been filed with the Chief Financial Officer; and other records, papers, and documents over 3 years old that do not serve as part of an agreement or understanding and do not have value as permanent records.

History.--s. 29, ch. 2002-387; s. 1943, ch. 2003-261; s. 12, ch. 2004-484.

1001.24  Direct-support organization; use of property; board of directors; audit.--

(1)  DEFINITIONS.--For the purposes of this section, the term:

(a)  "Department of Education direct-support organization" means an organization:

1.  That is a corporation not for profit that is incorporated under the provisions of chapter 617 and approved by the Department of State.

2.  That is organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of public prekindergarten through 12th grade education in this state.

3.  That the State Board of Education, after review, has certified to be operating in a manner consistent with the goals and best interest of the Department of Education.

(b)  "Personal services" includes full-time or part-time personnel, as well as payroll processing.

(2)  USE OF PROPERTY.--The State Board of Education:

(a)  May permit the use of property, facilities, and personal services of the department by the direct-support organization, subject to the provisions of this section.

(b)  Shall prescribe by rule conditions with which the direct-support organization must comply in order to use property, facilities, or personal services of the department. Such rules shall provide for budget and audit review and for oversight by the department.

(c)  Shall not permit the use of property, facilities, or personal services of the direct-support organization if such organization does not provide equal employment opportunities to all persons, regardless of race, color, national origin, gender, age, or religion.

(3)  BOARD OF DIRECTORS.--The board of directors of the department direct-support organization shall be appointed by the commissioner and shall include representation from business, industry, and other components of Florida's economy.

(4)  ANNUAL AUDIT.--Each direct-support organization shall provide for an annual financial audit in accordance with s. 215.981. The identity of donors who desire to remain anonymous shall be protected, and that anonymity shall be maintained in the auditor's report. All records of the organization other than the auditor's report, management letter, and any supplemental data requested by the Auditor General and the Office of Program Policy Analysis and Government Accountability shall be confidential and exempt from the provisions of s. 119.07(1).

History.--s. 30, ch. 2002-387.

1001.25  Educational television.--

(1)  ESTABLISHMENT AND UTILIZATION OF NETWORK.--The department may establish a television network connecting such communities or such stations as it designates. For this purpose, it may lease facilities in the name of the state from communications' common carriers and use such transmission channels as are necessary; however, if the department decides, upon investigation, that it could more economically construct and maintain such transmission channels, it may design, construct, operate, and maintain them, including a television microwave network. The network shall be utilized primarily for the instruction of students at existing and future public and private educational institutions and of the general public, as practical. The origination and transmission of all programs over such networks shall be as directed under policies approved by the State Board of Education. The department may cooperate with and assist all local and state educational agencies in making surveys pertaining to the use and economics of educational television in the fields of primary, elementary, secondary, or college level education and in the field of adult education, and may assist all public agencies in the planning of programs calculated to further the education of the state's citizens.

(2)  POWERS OF DEPARTMENT.--

(a)  The department may encourage:

1.  The extension of educational television network facilities.

2.  The coordination of Florida's educational television with that of other states and with the Federal Government.

3.  The further development of educational television within the state.

(b)  The department shall provide through educational television and other electronic media a means of extending educational services to all the state system of public education, except the state universities, which provision by the department is limited by paragraph (c) and by s. 1006.26(1). The department shall recommend to the State Board of Education rules necessary to provide such services.

(c)  The department may provide equipment, funds, and other services to extend and update both the existing and the proposed educational television and radio systems of tax-supported and nonprofit, corporate-owned facilities. All stations funded must be qualified by the Corporation for Public Broadcasting. New stations eligible for funding shall provide a first service to an audience that is not currently receiving a broadcast signal or provide a significant new program service as defined by State Board of Education rules. Funds appropriated to the department for educational television and funds appropriated to the department for educational radio may be used by the department for either educational television or educational radio, or both.

(3)  PROHIBITED USE, PENALTY.--

(a)  None of the facilities, plant, or personnel of any educational television system that is supported in whole or in part by state funds shall be used directly or indirectly for the promotion, advertisement, or advancement of any political candidate for any municipal, county, legislative, congressional, or state office. However, fair, open, and free discussion between political candidates for municipal, county, legislative, congressional, or state office may be permitted in order to help materially reduce the excessive cost of campaigns and to ensure that the state's citizens are fully informed about issues and candidates in campaigns. The provisions of this paragraph apply to the advocacy for, or opposition to, any specific program, existing or proposed, of governmental action which includes, but is not limited to, constitutional amendments, tax referenda, and bond issues. The provisions of this paragraph shall be in accordance with rules of the State Board of Education.

(b)  Violation of any prohibition contained in this section is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(4)  DUTY OF DEPARTMENT.--The department is responsible for identifying the needs of the state system of public education as they relate to the development and production of materials used in instruction. When such identified needs are considered to be best satisfied by the production of new materials, the department may commission or contract for the production of such materials.

History.--s. 31, ch. 2002-387.

1001.26  Public broadcasting program system.--

(1)  There is created a public broadcasting program system for the state. The department shall administer this program system pursuant to rules adopted by the State Board of Education. This program system must complement and share resources with the instructional programming service of the Department of Education and educational UHF, VHF, ITFS, and FM stations in the state. The program system must include:

(a)  Support for existing Corporation for Public Broadcasting qualified program system educational radio and television stations and new stations meeting Corporation for Public Broadcasting qualifications and providing a first service to an audience that does not currently receive a broadcast signal or providing a significant new program service as defined by rule by the State Board of Education.

(b)  Maintenance of quality broadcast capability for educational stations that are part of the program system.

(c)  Interconnection of all educational stations that are part of the program system for simultaneous broadcast and of such stations with all universities and other institutions as necessary for sharing of resources and delivery of programming.

(d)  Establishment and maintenance of a capability for statewide program distribution with facilities and staff, provided such facilities and staff complement and strengthen existing or future educational television and radio stations in accordance with paragraph (a) and s. 1001.25(2)(c).

(e)  Provision of both statewide programming funds and station programming support for educational television and educational radio to meet statewide priorities. Priorities for station programming need not be the same as priorities for programming to be used statewide. Station programming may include, but shall not be limited to, citizens' participation programs, music and fine arts programs, coverage of public hearings and governmental meetings, equal air time for political candidates, and other public interest programming.

(2)(a)  The Department of Education is responsible for implementing the provisions of this section pursuant to s. 282.102 and may employ personnel, acquire equipment and facilities, and perform all duties necessary for carrying out the purposes and objectives of this section.

(b)  The department shall provide through educational television and other electronic media a means of extending educational services to all the state system of public education. The department shall recommend to the State Board of Education rules necessary to provide such services.

(c)  The department is authorized to provide equipment, funds, and other services to extend and update both the existing and the proposed educational television and radio systems of tax-supported and nonprofit, corporate-owned facilities. All stations funded must be qualified by the Corporation for Public Broadcasting. New stations eligible for funding shall provide a first service to an audience that is not currently receiving a broadcast signal or provide a significant new program service as defined by State Board of Education rules. Funds appropriated to the department for educational television and funds appropriated to the department for educational radio may be used by the department for either educational television or educational radio, or for both.

(3)  The State Board of Education shall adopt rules for the proper enforcement and carrying out of these provisions.

History.--s. 32, ch. 2002-387; s. 24, ch. 2004-41.

1001.27  State satellite network.--

(1)  There is created a state satellite network, which shall provide one-way video and audio transmissions with regional access for all Floridians, state agencies, county and municipal governments, business and industry, and other public and private entities to participate in classroom instruction, continuing education, special events programs, and one-way video teleconferencing.

(2)  The network shall consist of compatible satellite receiving equipment at public educational institutions in each of the 28 community college regions.

(3)  The department, in consultation with the Department of Management Services, shall implement the provisions of this section and coordinate the network. Specifically, the department shall:

(a)  Provide for technical analysis of suitable existing satellite receiving equipment at Florida public postsecondary educational institutions for inclusion in the network.

(b)  Acquire by competitive sealed bid and place appropriate receiving equipment in those community college regions of the state in which such equipment is presently not available at a public postsecondary educational institution.

(c)  Develop an implementation plan that provides for designation of a site in each community college region for inclusion in the initial network. Criteria for selection shall include:

1.  Accessibility to a substantial portion of the population of the region.

2.  Demonstrated institutional commitment to support and encourage use of the network both within the region and statewide.

3.  Willingness to complement state support with matching institutional resources.

4.  Evidence of cooperation and coordinated planning with other postsecondary educational institutions in the region.

5.  Availability of existing telecommunications equipment which is compatible or adaptable for use in the network.

(d)  Identify additional sites for inclusion in the network in the event that demand exceeds the capacity of the initial network.

(e)  Coordinate scheduling and encourage use of the network.

(f)  Develop operating procedures for the system and recommend fee schedules for both public and private entities wishing to transmit or receive programming through the network. Scheduling procedures shall assign the highest priority to educational programming.

(g)  Provide training for institutional, state agency, and other personnel in effective techniques for the use of the network.

(h)  Provide initial startup support for operations, maintenance, and publicity costs of the network. Continuation costs in these areas shall be recovered through user fees and local resources.

(4)  All audio components of this system that are not transmitted simultaneously with video to a domestic satellite shall be transmitted through common carriers regulated pursuant to chapter 364.

(5)  The State Board of Education may adopt any rules necessary for the implementation of this section.

(6)  This section shall be implemented only to the extent specifically authorized and funded by law.

History.--s. 33, ch. 2002-387.

1001.28  Distance learning duties.--The duties of the Department of Education concerning distance learning include, but are not limited to, the duty to:

(1)  Facilitate the implementation of a statewide coordinated system and resource system for cost-efficient advanced telecommunications services and distance education which will increase overall student access to education.

(2)  Coordinate the use of existing resources, including, but not limited to, the state's satellite transponders on the education satellites, the SUNCOM Network, the Florida Information Resource Network (FIRN), the Department of Management Services, the Department of Corrections, and the Department of Children and Family Services' satellite communication facilities to support a statewide advanced telecommunications services and distance learning network.

(3)  Assist in the coordination of the utilization of the production and uplink capabilities available through Florida's public television stations, eligible facilities, independent colleges and universities, private firms, and others as needed.

(4)  Seek the assistance and cooperation of Florida's cable television providers in the implementation of the statewide advanced telecommunications services and distance learning network.

(5)  Seek the assistance and cooperation of Florida's telecommunications carriers to provide affordable student access to advanced telecommunications services and to distance learning.

(6)  Coordinate partnerships for development, acquisition, use, and distribution of distance learning.

(7)  Secure and administer funding for programs and activities for distance learning from federal, state, local, and private sources and from fees derived from services and materials.

(8)  Manage the state's satellite transponder resources and enter into lease agreements to maximize the use of available transponder time. All net revenue realized through the leasing of available transponder time, after deducting the costs of performing the management function, shall be recycled to support the public education distance learning in this state based upon an allocation formula of one-third to the Department of Education, one-third to community colleges, and one-third to state universities.

(9)  Hire appropriate staff which may include a position that shall be exempt from part II of chapter 110 and is included in the Senior Management Service in accordance with s. 110.205.

Nothing in this section shall be construed to abrogate, supersede, alter, or amend the powers and duties of any state agency, district school board, community college board of trustees, university board of trustees, or the State Board of Education.

History.--s. 34, ch. 2002-387.

1001.30  District unit.

1001.31  Scope of district system.

1001.32  Management, control, operation, administration, and supervision.

1001.33  Schools under control of district school board and district school superintendent.

1001.30  District unit.--Each county shall constitute a school district and shall be known as the school district of _____ County, Florida. Each district shall constitute a unit for the control, organization, and administration of schools. The responsibility for the actual operation and administration of all schools needed within the districts in conformity with rules and minimum standards prescribed by the state, and also the responsibility for the provision of any desirable and practicable opportunities authorized by law beyond those required by the state, are delegated by law to the school officials of the respective districts.

History.--s. 36, ch. 2002-387.

1001.31  Scope of district system.--A district school system shall include all public schools, classes, and courses of instruction and all services and activities directly related to education in that district which are under the direction of the district school officials. A district school system may also include alternative site schools for disruptive or violent youth. Such schools for disruptive or violent youth may be funded by each district or provided through cooperative programs administered by a consortium of school districts, private providers, state and local law enforcement agencies, and the Department of Juvenile Justice. Pursuant to cooperative agreement, a district school system shall provide instructional personnel at juvenile justice facilities of 50 or more beds or slots with access to the district school system database for the purpose of accessing student academic, immunization, and registration records for students assigned to the programs. Such access shall be in the same manner as provided to other schools in the district.

History.--s. 37, ch. 2002-387.

1001.32  Management, control, operation, administration, and supervision.--The district school system must be managed, controlled, operated, administered, and supervised as follows:

(1)  DISTRICT SYSTEM.--The district school system shall be considered as a part of the state system of public education. All actions of district school officials shall be consistent and in harmony with state laws and with rules and minimum standards of the state board. District school officials, however, shall have the authority to provide additional educational opportunities, as desired, which are authorized, but not required, by law or by the district school board.

(2)  DISTRICT SCHOOL BOARD.--In accordance with the provisions of s. 4(b) of Art. IX of the State Constitution, district school boards shall operate, control, and supervise all free public schools in their respective districts and may exercise any power except as expressly prohibited by the State Constitution or general law.

(3)  DISTRICT SCHOOL SUPERINTENDENT.--Responsibility for the administration and management of the schools and for the supervision of instruction in the district shall be vested in the district school superintendent as the secretary and executive officer of the district school board, as provided by law.

(4)  SCHOOL PRINCIPAL OR HEAD OF SCHOOL.--Responsibility for the administration of any school or schools at a given school center, for the supervision of instruction therein, and for providing leadership in the development or revision and implementation of a school improvement plan required pursuant to s. 1001.42(16) shall be delegated to the school principal or head of the school or schools in accordance with rules established by the district school board.

History.--s. 38, ch. 2002-387; s. 25, ch. 2004-41.

1001.33  Schools under control of district school board and district school superintendent.--

(1)  Except as otherwise provided by law, all public schools conducted within the district shall be under the direction and control of the district school board with the district school superintendent as executive officer.

(2)  Each district school board, each district school superintendent, and each district and school-based administrator shall cooperate to apply the following guiding principles of Better Educated Students and Teachers (BEST) Florida Teaching:

(a)  Teachers lead, students learn.

(b)  Teachers maintain orderly, disciplined classrooms conducive to student learning.

(c)  Teachers are trained, recruited, well compensated, and retained for quality.

(d)  Teachers are well rewarded for their students' high performance.

(e)  Teachers are most effective when served by exemplary school administrators.

History.--s. 39, ch. 2002-387; s. 28, ch. 2003-391.

A.  District School Boards

B.  District School Superintendents

C.  School Principals

1001.34  Membership of district school board.

1001.35  Term of office.

1001.36  District school board member residence areas.

1001.361  Election of board by districtwide vote.

1001.362  Alternate procedure for the election of district school board members to provide for single-member representation.

1001.363  District school board members to represent entire district.

1001.37  District school board members shall qualify.

1001.371  Organization of district school board.

1001.372  District school board meetings.

1001.38  Vacancies; how filled.

1001.39  District school board members; travel expenses.

1001.395  District school board members; compensation.

1001.40  District school board to constitute a corporation.

1001.41  General powers of district school board.

1001.42  Powers and duties of district school board.

1001.43  Supplemental powers and duties of district school board.

1001.435  K-12 foreign language curriculum; plan submittal.

1001.44  Career centers.

1001.451  Regional consortium service organizations.

1001.452  District and school advisory councils.

1001.453  Direct-support organization; use of property; board of directors; audit.

1001.34  Membership of district school board.--Each district school board shall be composed of not less than five members. Each member of the district school board shall be a qualified elector of the district in which she or he serves, shall be a resident of the district school board member residence area from which she or he is elected, and shall maintain said residency throughout her or his term of office.

History.--s. 41, ch. 2002-387.

1001.35  Term of office.--District school board members shall be elected at the general election in November for terms of 4 years.

History.--s. 42, ch. 2002-387.

1001.36  District school board member residence areas.--

(1)  For the purpose of electing district school board members, each district shall be divided into at least five district school board member residence areas, which shall be numbered one to five, inclusive, and which shall, as nearly as practicable, be equal in population.

(a)  For those school districts, which have seven district school board members, the district may be divided into five district school board member residence areas, with two district school board members elected at large, or the district may be divided into seven district school board member residence areas. In the latter case, the residence areas shall be numbered one to seven inclusive and shall be equal in population as nearly as practicable.

(b)  For those school districts which have seven district school board members, the number of district school board member residence areas shall be determined by resolution passed by a majority vote of the district school board.

(2)  Any district school board may make any change that it deems necessary in the boundaries of any district school board member residence area at any meeting of the district school board, provided that such changes shall be made only in odd-numbered years and that no change that would affect the residence qualifications of any incumbent member shall disqualify such incumbent member during the term for which he or she is elected.

(3)  Such changes in boundaries shall be shown by resolutions spread upon the minutes of the district school board, shall be recorded in the office of the clerk of the circuit court, and shall be published at least once in a newspaper published in the district within 30 days after the adoption of the resolution, or, if there be no newspaper published in the district, shall be posted at the county courthouse door for 4 weeks thereafter. A certified copy of this resolution shall be transmitted to the Department of State.

History.--s. 43, ch. 2002-387.

1001.361  Election of board by districtwide vote.--Notwithstanding any provision of local law or any county charter, the election of members of the district school board shall be by vote of the qualified electors of the entire district in a nonpartisan election as provided in chapter 105. Each candidate for district school board member shall, at the time she or he qualifies, be a resident of the district school board member residence area from which the candidate seeks election. Each candidate who qualifies to have her or his name placed on the ballot shall be listed according to the district school board member residence area in which she or he resides. Each qualified elector of the district shall be entitled to vote for one candidate from each district school board member residence area. The candidate from each district school board member residence area who receives the highest number of votes in the general election shall be elected to the district school board.

History.--s. 44, ch. 2002-387.

1001.362  Alternate procedure for the election of district school board members to provide for single-member representation.--

(1)  This section shall be known and may be referred to as "The School District Local Option Single-Member Representation Law of 1984."

(2)  District school board members shall be elected to office in accordance with the provisions of ss. 1001.36 and 1001.361, or as otherwise provided by law, unless a proposition calling for single-member representation within the residence areas of the district is submitted to and approved by a majority of the qualified electors voting on such proposition in the manner provided in subsection (3).

(a)  If the district school board is composed of five members, such proposition shall provide that the five members shall reside one in each of five residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 1001.36, each of whom shall be elected only by the qualified electors who reside in the same residence area as the member.

(b)  If the district school board is composed of seven members, at the option of the school board, such proposition shall provide that:

1.  Five of the seven members shall reside one in each of five residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 1001.36, each of whom shall be elected only by the qualified electors who reside in the same residence area as the member, and two of the seven members shall be elected at large; or

2.  All seven members shall reside one in each of seven residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 1001.36, each of whom shall be elected only by the qualified electors who reside in the same residence area as the member.

(c)  All members shall be elected for 4-year terms, but such terms shall be staggered so that, alternately, one more or one less than half of the members elected from residence areas and, if applicable, one of the members elected at large from the entire district are elected every 2 years. Any member may be elected to an initial term of less than 4 years if necessary to achieve or maintain such system of staggered terms.

(3)  A proposition calling for single-member representation within the residence areas of the district shall be submitted to the electors of the district at any primary, general, or otherwise-called special election, in either manner following:

(a)  The district school board may adopt a formal resolution directing an election to be held to place the proposition on the ballot.

(b)  The electors of the school district may petition to have the proposition placed on the ballot by presenting to the school board petitions signed by not less than 10 percent of the duly qualified electors residing within the school district. The number of signatures required shall be determined by the supervisor of elections according to the number of registered electors in the district as of the date the petitioning electors register as a political committee as provided in subsection (4).

(4)  The electors petitioning to have the proposition placed on the ballot shall register as a political committee pursuant to s. 106.03, and a specific person shall be designated therein as chair of the committee to act for the committee.

(5)(a)  Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of five members shall include the wording: "As a registered elector of the school district of _____ County, Florida, I am petitioning for a referendum election to determine whether the five school board members of said district shall be elected from single-member residence areas by electors residing in each of those areas only."

(b)  Each petition form circulated for single-member representation within the residence areas of a district where the district school board is composed of seven members, none of whom are to be elected at large, shall include the wording: "As a registered elector of the school district of _____ County, Florida, I am petitioning for a referendum election to determine whether the seven members of said district shall be elected from single-member residence areas by electors residing in each of those areas only."

(c)  Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of seven members, two of whom are to be elected at large, shall include the wording: "As a registered elector of the school district of _____ County, Florida, I am petitioning for a referendum election to determine whether five of the seven district school board members of said district shall be elected from single-member residence areas by electors residing in each of those areas only, with the two remaining members being elected at large."

The petition shall also include space for the signature and address of the elector. Each signature obtained shall be dated when made and is valid for a period of 4 years following that date.

(6)  Upon the filing of the petitions with the district school board by the chair of the committee, the district school board shall submit the petitions to the supervisor of elections for verification of the signatures. Within a period of not more than 30 days, the supervisor of elections shall determine whether the petitions contain the required number of valid signatures. The supervisor of elections shall be paid by the committee seeking verification the sum of 10 cents for each name checked.

(7)  If it is determined that the petitions have the required signatures, the supervisor of elections shall certify the petitions to the district school board, which shall adopt a resolution requesting that an election date be set to conform to the earliest primary, general, or otherwise-called special election that occurs not less than 30 days after certification of the petitions. If it is determined that the petitions do not contain the required signatures, the supervisor of elections shall so notify the district school board, which shall file the petitions without taking further action, and the matter shall be at an end. No additional names may be added to the petitions, and the petitions may not be used in any other proceeding.

(8)  No special election may be called for the sole purpose of presenting the proposition to the vote of the electors.

(9)  Any district adopting any of the propositions set forth in this section may thereafter return to the procedures otherwise provided by law by following the same procedure outlined in subsection (3).

(10)  No district school board member elected prior to or at the election that approves any revision as permitted herein shall be affected in his or her term of office. The resolution adopted by the district school board under paragraph (3)(a) or subsection (7) which presents the proposed revision to the electorate for approval shall specify an orderly method and procedure for implementing the revision contemplated in the resolution.

History.--s. 45, ch. 2002-387.

1001.363  District school board members to represent entire district.--Each district school board of each district shall represent the entire district. Each member of the district school board shall serve as the representative of the entire district, rather than as the representative of a district school board member residence area.

History.--s. 46, ch. 2002-387.

1001.37  District school board members shall qualify.--Before entering upon the duties of office after being elected, or, if appointed, within 10 days after receiving notice of appointment, each member of the district school board shall take the prescribed oath of office.

History.--s. 47, ch. 2002-387.

1001.371  Organization of district school board.--On the third Tuesday after the first Monday in November of each year, the district school board shall organize by electing a chair. It may elect a vice chair, and the district school superintendent shall act ex officio as the secretary. If a vacancy should occur in the position of chair, the district school board shall proceed to elect a chair at the next ensuing regular or special meeting. At the organization meeting, the district school superintendent shall act as chair until the organization is completed. The chair and secretary shall then make and sign a copy of the proceedings of organization, including the schedule for regular meetings and the names and addresses of all district school officers, and annex their affidavits that the same is a true and correct copy of the original, and the secretary shall file the document within 2 weeks with the Department of Education.

History.--s. 48, ch. 2002-387.

1001.372  District school board meetings.--

(1)  REGULAR AND SPECIAL MEETINGS.--The district school board shall hold not less than one regular meeting each month for the transaction of business according to a schedule arranged by the district school board and shall convene in special sessions when called by the district school superintendent or by the district school superintendent on request of the chair of the district school board, or on request of a majority of the members of the district school board; provided that actions taken at special meetings shall have the same force and effect as if taken at a regular meeting; and provided further that in the event the district school superintendent should fail to call a special meeting when requested to do so, as prescribed herein, such a meeting may be called by the chair of the district school board or by a majority of the members of the district school board by giving 2 days' written notice of the time and purpose of the meeting to all members and to the district school superintendent, in which event the minutes of the meeting shall set forth the facts regarding the procedure in calling the meeting and the reason therefor and shall be signed either by the chair or by a majority of the members of the district school board.

(2)  PLACE OF MEETINGS.--

(a)  Except as provided in paragraph (b), all regular and special meetings of the district school board shall be held in the office of the district school superintendent or in a room convenient to that office and regularly designated as the district school board meeting room.

(b)  Upon the giving of due public notice, regular or special meetings of the district school board may be held at any appropriate public place in the county.

(c)  For purpose of this section, due public notice shall consist of publication in a newspaper of general circulation in the county or in each county where there is no newspaper of general circulation in the county an announcement over at least one radio station whose signal is generally received in the county, a reasonable number of times daily during the 48 hours immediately preceding the date of such meeting, or by posting a notice at the courthouse door if no newspaper is published in the county, at least 2 days prior to the meeting.

(3)  REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The presiding officer of any district school board may order the removal, from a public meeting held by the district school board, of any person interfering with the expeditious or orderly process of such meeting, provided such officer has first issued a warning that continued interference with the orderly processes of the meeting will result in removal. Any law enforcement authority or a sergeant-at-arms designated by the officer shall remove any person ordered removed pursuant to this subsection.

(4)  MAJORITY A QUORUM.--A majority shall constitute a quorum for any meeting of the district school board. No business may be transacted at any meeting unless a quorum is present, except that a minority of the district school board may adjourn the meeting from time to time until a quorum is present.

History.--s. 49, ch. 2002-387; s. 26, ch. 2004-41.

1001.38  Vacancies; how filled.--The office of any district school board member shall be vacant when the member removes his or her residence from the district school board member residence area from which he or she was elected. All vacancies on the district school board shall be filled by appointment by the Governor.

History.--s. 50, ch. 2002-387.

1001.39  District school board members; travel expenses.--

(1)  In addition to the salary provided in s. 1001.395, each member of a district school board shall be allowed, from the district school fund, reimbursement of travel expenses as authorized in s. 112.061, except as provided in subsection (2). Any travel outside the district shall also be governed by the rules of the State Board of Education.

(2)  Each district school board may reimburse a district school board member for travel expenses for travel from the member's residence incurred in the performance of a public purpose authorized by law to be performed by the district school board, including, but not limited to, attendance at regular and special board meetings. Mileage allowance in the amount provided by law for reimbursement of travel expenses, when authorized, shall be computed from the member's place of residence to the place of the meeting or function and return.

History.--s. 51, ch. 2002-387.

1001.395  District school board members; compensation.--

(1)  Each district school board shall annually determine the salary of its members at the first regular meeting following the organizational meeting held pursuant to s. 1001.371. The proposed salary to be adopted shall be noticed at the time of the meeting notice and shall not be increased during the meeting. The salary adopted by the district school board shall be in effect during the succeeding 12 months.

(2)  This section shall apply to any district school board member elected or reelected at the November 2002 general election or any subsequent general election and to any person appointed to fill a vacancy in the office of any such member.

History.--s. 52, ch. 2002-387.

1001.40  District school board to constitute a corporation.--The governing body of each school district shall be a district school board. Each district school board is constituted a body corporate by the name of "The School Board of _____ County, Florida." In all suits against district school boards, service of process shall be had on the chair of the district school board or, if he or she cannot be found, on the district school superintendent as executive officer of the district school board or, in the absence of the chair and the district school superintendent, on another member of the district school board.

History.--s. 53, ch. 2002-387.

1001.41  General powers of district school board.--The district school board, after considering recommendations submitted by the district school superintendent, shall exercise the following general powers:

(1)  Determine policies and programs consistent with state law and rule deemed necessary by it for the efficient operation and general improvement of the district school system.

(2)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring duties upon it to supplement those prescribed by the State Board of Education and the Commissioner of Education.

(3)  Prescribe and adopt standards as are considered desirable by it for improving the district school system.

(4)  Contract, sue, and be sued. The district school board shall constitute the contracting agent for the district school system.

(5)  Perform duties and exercise those responsibilities that are assigned to it by law or by rules of the State Board of Education or the Commissioner of Education and, in addition thereto, those that it may find to be necessary for the improvement of the district school system in carrying out the purposes and objectives of the education code.

(6)  Assign students to schools.

(7)  Enter into agreements for accepting credit card, charge card, and debit card payments as compensation for goods, services, tuition, and fees, as authorized by law.

History.--s. 54, ch. 2002-387.

1001.42  Powers and duties of district school board.--The district school board, acting as a board, shall exercise all powers and perform all duties listed below:

(1)  REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require the district school superintendent, as secretary, to keep such minutes and records as are necessary to set forth clearly all actions and proceedings of the school board.

(a)  Minutes, recording.--The minutes of each meeting shall be reviewed, corrected if necessary, and approved at the next regular meeting, provided that this action may be taken at an intervening special meeting if the district school board desires. The minutes shall be kept as a public record in a permanent location.

(b)  Minutes, contents.--The minutes shall show the vote of each member present on all matters on which the district school board takes action. It shall be the duty of each member to see to it that both the matter and his or her vote thereon are properly recorded in the minutes. Unless otherwise shown by the minutes, it shall be presumed that the vote of each member present supported any action taken by the district school board in either the exercise of, violation of, or neglect of the powers and duties imposed upon the district school board by law or rule, whether such action is recorded in the minutes or is otherwise established. It shall also be presumed that the policies, appointments, programs, and expenditures not recorded in the minutes but made and actually in effect in the district school system were made and put into effect at the direction of the district school board, unless it can be shown that they were done without the actual or constructive knowledge of the members of the district school board.

(2)  CONTROL PROPERTY.--Subject to rules of the State Board of Education, control property and convey the title to real and personal property.

(3)  ADOPT SCHOOL PROGRAM.--Adopt a school program for the entire school district.

(4)  ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS.--Adopt and provide for the execution of plans for the establishment, organization, and operation of the schools of the district, including, but not limited to, the following:

(a)  Schools and enrollment plans.--Establish schools and adopt enrollment plans that may include school attendance areas and open enrollment provisions.

(b)  Elimination of school centers and consolidation of schools.--Provide for the elimination of school centers and the consolidation of schools.

(c)  Adequate educational facilities for all children without tuition.--Provide adequate educational facilities for all children without payment of tuition.

(d)  Cooperate with school boards of adjoining districts in maintaining schools.--Approve plans for cooperating with school boards of adjoining districts in this state or in adjoining states for establishing school attendance areas composed of territory lying within the districts and for the joint maintenance of district-line schools or other schools which are to serve those attendance areas. The conditions of such cooperation shall be as follows:

1.  Establishment.--The establishment of a school to serve attendance areas lying in more than one district and the plans for maintaining the school and providing educational services to students shall be effected by annual resolutions spread upon the minutes of each district school board concerned, which resolutions shall set out the territorial limits of the areas from which children are to attend the school and the plan to be followed in maintaining and operating the school.

2.  Control.--Control of the school or schools involved shall be vested in the district school board of the district in which the school or schools are located unless otherwise agreed by the district school boards.

3.  Settlement of disagreements.--In the event an agreement cannot be reached relating to such attendance areas or to the school or schools therein, the matter may be referred jointly by the cooperating district school boards or by either district school board to the Department of Education for decision under rules of the State Board of Education, and its decision shall be binding on both school boards.

(e)  Classification and standardization of schools.--Provide for the classification and standardization of schools.

(f)  Opening and closing of schools; fixing uniform date.--Adopt policies for the opening and closing of schools and fix uniform dates.

(g)  Observance of school holidays and vacation periods.--Designate the observance of school holidays and vacation periods.

(h)  Career classes and schools.--Provide for the establishment and maintenance of career schools, departments, or classes, giving instruction in career education as defined by rules of the State Board of Education, and use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools or classes.

(i)  District school boards may establish public evening schools.--Have the authority to establish public evening schools.

(j)  Cooperate with other agencies in joint projects.--Cooperate with other agencies in joint projects.

(k)  Planning time for teachers.--May adopt rules for planning time for teachers in accordance with the provisions of chapter 1012.

(l)  Exceptional students.--Provide for an appropriate program of special instruction, facilities, and services for exceptional students as prescribed by the State Board of Education as acceptable in accordance with the provisions of s. 1003.57.

(m)  Alternative education programs for students in residential care facilities.--Provide, in accordance with the provisions of s. 1003.58, educational programs according to rules of the State Board of Education to students who reside in residential care facilities operated by the Department of Children and Family Services.

(n)  Educational services in detention facilities.--In accordance with the provisions of chapter 1006, offer services to students in detention facilities.

(5)  PERSONNEL.--

(a)  Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees, subject to the requirements of chapter 1012. A district school board is encouraged to provide clerical personnel or volunteers who are not classroom teachers to assist teachers in noninstructional activities, including performing paperwork and recordkeeping duties. However, a teacher shall remain responsible for all instructional activities and for classroom management and grading student performance.

(b)  Notwithstanding s. 1012.55 or any other provision of law or rule to the contrary and consistent with adopted district school board policy relating to alternative certification for school principals, have the authority to appoint persons to the position of school principal who do not hold educator certification.

(c)  Fully support and cooperate in the application of the guiding principles of Better Educated Students and Teachers (BEST) Florida Teaching, pursuant to s. 1000.041.

(6)  STUDENT WELFARE.--

(a)  In accordance with the provisions of chapters 1003 and 1006, provide for the proper accounting for all students of school age, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students.

(b)  In accordance with the provisions of ss. 1003.31 and 1003.32, fully support the authority of each teacher and school bus driver to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and the authority of the school board to place such students in an alternative educational setting, when appropriate and available.

(7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS.--Provide adequate instructional materials for all students in accordance with the requirements of chapter 1006.

(8)  TRANSPORTATION OF STUDENTS.--After considering recommendations of the district school superintendent, make provision for the transportation of students to the public schools or school activities they are required or expected to attend; authorize transportation routes arranged efficiently and economically; provide the necessary transportation facilities, and, when authorized under rules of the State Board of Education and if more economical to do so, provide limited subsistence in lieu thereof; and adopt the necessary rules and regulations to ensure safety, economy, and efficiency in the operation of all buses, as prescribed in chapter 1006.

(9)  SCHOOL PLANT.--Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in chapter 1013 and as follows:

(a)  School building program.--Approve and adopt a districtwide school building program.

(b)  Sites, buildings, and equipment.--

1.  Select and purchase school sites, playgrounds, and recreational areas located at centers at which schools are to be constructed, of adequate size to meet the needs of projected students to be accommodated.

2.  Approve the proposed purchase of any site, playground, or recreational area for which district funds are to be used.

3.  Expand existing sites.

4.  Rent buildings when necessary.

5.  Enter into leases or lease-purchase arrangements, in accordance with the requirements and conditions provided in s. 1013.15(2), with private individuals or corporations for the rental of necessary grounds and educational facilities for school purposes or of educational facilities to be erected for school purposes. Current or other funds authorized by law may be used to make payments under a lease-purchase agreement. Notwithstanding any other statutes, if the rental is to be paid from funds received from ad valorem taxation and the agreement is for a period greater than 12 months, an approving referendum must be held. The provisions of such contracts, including building plans, shall be subject to approval by the Department of Education, and no such contract shall be entered into without such approval. As used in this section, "educational facilities" means the buildings and equipment that are built, installed, or established to serve educational purposes and that may lawfully be used. The State Board of Education may adopt such rules as are necessary to implement these provisions.

6.  Provide for the proper supervision of construction.

7.  Make or contract for additions, alterations, and repairs on buildings and other school properties.

8.  Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of students, as well as for economy of construction.

(c)  Maintenance and upkeep of school plant.--Provide adequately for the proper maintenance and upkeep of school plants, so that students may attend school without sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and other supplies and utilities necessary for the operation of the schools.

(d)  Insurance of school property.--Carry insurance on every school building in all school plants including contents, boilers, and machinery, except buildings of three classrooms or less that are of frame construction and located in a tenth class public protection zone as defined by the Florida Inspection and Rating Bureau, and on all school buses and other property under the control of the district school board or title to which is vested in the district school board, except as exceptions may be authorized under rules of the State Board of Education.

(e)  Condemnation of buildings.--Condemn and prohibit the use for public school purposes of any building that can be shown for sanitary or other reasons to be no longer suitable for such use and, when any building is condemned by any state or other government agency as authorized in chapter 1013, see that it is no longer used for school purposes.

(10)  FINANCE.--Take steps to assure students adequate educational facilities through the financial procedure authorized in chapters 1010 and 1011 and as prescribed below:

(a)  Provide for all schools to operate at least 180 days.--Provide for the operation of all public schools, both elementary and secondary, as free schools for a term of at least 180 days or the equivalent on an hourly basis as specified by rules of the State Board of Education; determine district school funds necessary in addition to state funds to operate all schools for such minimum term; and arrange for the levying of district school taxes necessary to provide the amount needed from district sources.

(b)  Annual budget.--Cause to be prepared, adopt, and have submitted to the Department of Education as required by law and rules of the State Board of Education, the annual school budget, such budget to be so prepared and executed as to promote the improvement of the district school system.

(c)  Tax levies.--Adopt and spread on its minutes a resolution fixing the district school tax levy, provided for under s. 9, Art. VII of the State Constitution, necessary to carry on the school program adopted for the district for the next ensuing fiscal year as required by law, and fixing the district bond interest and sinking fund tax levy necessary for districts against which bonds are outstanding; and adopt and spread on its minutes a resolution suggesting the tax levy provided for in s. 9, Art. VII of the State Constitution, found necessary to carry on the school program adopted for the district for the next ensuing fiscal year.

(d)  School funds.--Require that an accurate account is kept of all funds that should be transmitted to the district school board for school purposes at various periods during the year from all sources and, if any funds are not transmitted promptly, take the necessary steps to have such funds made available.

(e)  Borrow money.--Borrow money, as prescribed in ss. 1011.12-1011.16, when necessary in anticipation of funds reasonably to be expected during the year as shown by the budget.

(f)  Financial records and accounts.--Provide for keeping of accurate records of all financial transactions.

(g)  Approval and payment of accounts.--Implement a system of accounting and budgetary control to ensure that payments do not exceed amounts budgeted, as required by law; make available all records for proper audit by state officials or independent certified public accountants; and have prepared required periodic statements to be filed with the Department of Education as provided by rules of the State Board of Education.

(h)  Bonds of employees.--Fix and prescribe the bonds, and pay the premium on all such bonds, of all school employees who are responsible for school funds in order to provide reasonable safeguards for all such funds or property.

(i)  Contracts for materials, supplies, and services.--Contract for materials, supplies, and services needed for the district school system. No contract for supplying these needs shall be made with any member of the district school board, with the district school superintendent, or with any business organization in which any district school board member or the district school superintendent has any financial interest whatsoever.

(j)  Purchasing regulations to be secured from Department of Management Services.--Secure purchasing regulations and amendments and changes thereto from the Department of Management Services and prior to any purchase have reported to it by its staff, and give consideration to the lowest price available to it under such regulations, provided a regulation applicable to the item or items being purchased has been adopted by the department. The department should meet with educational administrators to expand the inventory of standard items for common usage in all schools and postsecondary educational institutions.

(k)  Protection against loss.--Provide for adequate protection against any loss or damage to school property or loss resulting from any liability for which the district school board or its officers, agents, or employees may be responsible under law. In fulfilling this responsibility, the district school board may purchase insurance, to be self-insured, to enter into risk management programs managed by district school boards, school-related associations, or insurance companies, or to have any combination thereof in any area to the extent the district school board is either authorized or required by law to contract for insurance. Any risk management program entered into pursuant to this subsection shall provide for strict accountability of all funds to the member district school boards and an annual audit by an independent certified public accountant of all receipts and disbursements.

(l)  Internal auditor.--May employ an internal auditor to perform ongoing financial verification of the financial records of the school district. The internal auditor shall report directly to the district school board or its designee.

(m)  Financial and performance audits.--In addition to the audits required by ss. 11.45 and 218.39, may contract with an independent certified public accountant to conduct a financial or performance audit of its accounts and records retained by it and paid from its public funds.

(11)  RECORDS AND REPORTS.--Provide for the keeping of all necessary records and the making of all needed or required reports, as follows:

(a)  Forms, blanks, and reports.--Require all employees to keep accurately all records and to make promptly in the proper form all reports required by law or by rules of the State Board of Education.

(b)  Reports to the department.--Require that the district school superintendent prepare all reports to the Department of Education that may be required by law or rules of the State Board of Education; see that all such reports are promptly transmitted to the department; withhold the further payment of salary to the superintendent or employee when notified by the department that he or she has failed to file any report within the time or in the manner prescribed; and continue to withhold the salary until the district school board is notified by the department that such report has been received and accepted, provided that when any report has not been received by the date due and after due notice has been given to the district school board of that fact, the department, if it deems necessary, may require the report to be prepared by a member of its staff, and the district school board shall pay all expenses connected therewith. Any member of the district school board who is responsible for the violation of this provision is subject to suspension and removal.

(c)  Reports to parents.--Require that, at regular intervals, reports are made by school principals or teachers to parents, apprising them of the progress being made by the students in their studies and giving other needful information.

(12)  COOPERATION WITH OTHER DISTRICT SCHOOL BOARDS.--May establish and participate in educational consortia that are designed to provide joint programs and services to cooperating school districts, consistent with the provisions of s. 4(b), Art. IX of the State Constitution. The State Board of Education shall adopt rules providing for the establishment, funding, administration, and operation of such consortia.

(13)  ENFORCEMENT OF LAW AND RULES.--Require that all laws and rules of the State Board of Education or of the district school board are properly enforced.

(14)  SCHOOL LUNCH PROGRAM.--Assume such responsibilities and exercise such powers and perform such duties as may be assigned to it by law or as may be required by rules of the State Board of Education or, as in the opinion of the district school board, are necessary to ensure school lunch services, consistent with needs of students; effective and efficient operation of the program; and the proper articulation of the school lunch program with other phases of education in the district.

(15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT PROGRAM.--

(a)  Adopt procedures whereby the general public can be adequately informed of the educational programs, needs, and objectives of public education within the district, including educational opportunities available through the Florida Virtual School.

(b)  Adopt rules to strengthen family involvement and empowerment pursuant to s. 1002.23. The rules shall be developed in collaboration with school administrators, parents, teachers, and community partners.

(c)  Develop and disseminate a parent guide to successful student achievement which addresses what parents need to know about their child's educational progress and how they can help their child to succeed in school.

(d)  Develop and disseminate a checklist for parents to assist parents in becoming involved in their child's educational progress.

(e)  Encourage teachers and administrators to keep parents informed of student progress, student programs, student attendance requirements pursuant to ss. 1003.26, 1003.27, 414.1251, and 984.151, and availability of resources for academic assistance.

(16)  IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Maintain a system of school improvement and education accountability as provided by statute and State Board of Education rule. This system of school improvement and education accountability shall be consistent with, and implemented through, the district's continuing system of planning and budgeting required by this section and ss. 1008.385, 1010.01, and 1011.01. This system of school improvement and education accountability shall include, but is not limited to, the following:

(a)  School improvement plans.--Annually approve and require implementation of a new, amended, or continuation school improvement plan for each school in the district, except that a district school board may establish a district school improvement plan that includes all schools in the district operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs. Such plan shall be designed to achieve the state education priorities pursuant to s. 1000.03(5) and student performance standards. In addition, any school required to implement a rigorous reading requirement pursuant to s. 1003.415 must include such component in its school improvement plan. Each plan shall also address issues relative to budget, training, instructional materials, technology, staffing, student support services, specific school safety and discipline strategies, student health and fitness, including physical fitness, parental information on student health and fitness, and indoor environmental air quality, and other matters of resource allocation, as determined by district school board policy, and shall be based on an analysis of student achievement and other school performance data.

(b)  Approval process.--Develop a process for approval of a school improvement plan presented by an individual school and its advisory council. In the event a district school board does not approve a school improvement plan after exhausting this process, the Department of Education shall be notified of the need for assistance.

(c)  Assistance and intervention.--

1.  Develop a 2-year plan of increasing individualized assistance and intervention for each school in danger of not meeting state standards or making adequate progress, as defined pursuant to statute and State Board of Education rule, toward meeting the goals and standards of its approved school improvement plan.

2.  Provide assistance and intervention to a school that is identified as being in performance grade category "D" pursuant to s. 1008.34 and is in danger of failing.

3.  Develop a plan to encourage teachers with demonstrated mastery in improving student performance to remain at or transfer to a school designated as performance grade category "D" or "F" or to an alternative school that serves disruptive or violent youths. If a classroom teacher, as defined by s. 1012.01(2)(a), who meets the definition of teaching mastery developed according to the provisions of this paragraph, requests assignment to a school designated as performance grade category "D" or "F" or to an alternative school that serves disruptive or violent youths, the district school board shall make every practical effort to grant the request.

4.  Prioritize, to the extent possible, the expenditures of funds received from the supplemental academic instruction categorical fund under s. 1011.62(1)(f) to improve student performance in schools that receive a performance grade category designation of "D" or "F."

(d)  After 2 years.--Notify the Commissioner of Education and the State Board of Education in the event any school does not make adequate progress toward meeting the goals and standards of a school improvement plan by the end of 2 years of failing to make adequate progress and proceed according to guidelines developed pursuant to statute and State Board of Education rule. School districts shall provide intervention and assistance to schools in danger of being designated as performance grade category "F," failing to make adequate progress.

(e)  Public disclosure.--Provide information regarding performance of students and educational programs as required pursuant to ss. 1008.22 and 1008.385 and implement a system of school reports as required by statute and State Board of Education rule that shall include schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, and for those schools, report on the elements specified in s. 1003.52(19). Annual public disclosure reports shall be in an easy-to-read report card format and shall include the school's student and school performance grade category designation and performance data as specified in state board rule.

(f)  School improvement funds.--Provide funds to schools for developing and implementing school improvement plans. Such funds shall include those funds appropriated for the purpose of school improvement pursuant to s. 24.121(5)(c).

(17)  LOCAL-LEVEL DECISIONMAKING.--

(a)  Adopt policies that clearly encourage and enhance maximum decisionmaking appropriate to the school site. Such policies must include guidelines for schools in the adoption and purchase of district and school site instructional materials and technology, the implementation of student health and fitness standards, staff training, school advisory council member training, student support services, budgeting, and the allocation of staff resources.

(b)  Adopt waiver process policies to enable all schools to exercise maximum flexibility and notify advisory councils of processes to waive school district and state policies.

(c)  Develop policies for periodically monitoring the membership composition of school advisory councils to ensure compliance with requirements established in s. 1001.452.

(d)  Adopt policies that assist in giving greater autonomy, including authority over the allocation of the school's budget, to schools designated as performance grade category "A," making excellent progress, and schools rated as having improved at least two performance grade categories.

(18)  OPPORTUNITY SCHOLARSHIPS.--Adopt policies allowing students attending schools that have been designated as performance grade category "F," failing to make adequate progress, for 2 school years in a 4-year period to attend a higher performing school in the district or an adjoining district or be granted a state opportunity scholarship to a private school, in conformance with s. 1002.38 and State Board of Education rule.

(19)  AUTHORITY TO DECLARE AN EMERGENCY.--May declare an emergency in cases in which one or more schools in the district are failing or are in danger of failing and negotiate special provisions of its contract with the appropriate bargaining units to free these schools from contract restrictions that limit the school's ability to implement programs and strategies needed to improve student performance.

(20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the anonymity of students in large schools, adopt policies to encourage any large school to subdivide into schools-within-a-school that shall operate within existing resources in accordance with the provisions of chapter 1003.

(21)  FLORIDA VIRTUAL SCHOOL.--Provide students with access to enroll in courses available through the Florida Virtual School and award credit for successful completion of such courses. Access shall be available to students during or after the normal school day and through summer school enrollment.

(22)  ADOPT RULES.--Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section.

History.--s. 55, ch. 2002-387; s. 3, ch. 2003-118; s. 29, ch. 2003-391; s. 27, ch. 2004-41; s. 3, ch. 2004-255; s. 8, ch. 2004-333; s. 71, ch. 2004-357.

1001.43  Supplemental powers and duties of district school board.--The district school board may exercise the following supplemental powers and duties as authorized by this code or State Board of Education rule.

(1)  STUDENT MANAGEMENT.--The district school board may adopt programs and policies to ensure the safety and welfare of individuals, the student body, and school personnel, which programs and policies may:

(a)  Prohibit the possession of weapons and drugs on campus, student hazing, and other activities that could threaten the operation of the school or the safety and welfare of the student body or school personnel.

(b)  Require uniforms to be worn by the student body, or impose other dress-related requirements, if the district school board finds that those requirements are necessary for the safety or welfare of the student body or school personnel.

(c)  Provide procedures for student dismissal precautions and for granting permission for students to leave school grounds during school hours, including releasing a student from school upon request by a parent or for public appearances of school groups.

(d)  Provide procedures for managing protests, demonstrations, sit-ins, walk-outs, or other acts of civil disobedience.

(e)  Provide procedures for detaining students and for readmission of students after expulsion.

(f)  Regulate student automobile use and parking.

(2)  FISCAL MANAGEMENT.--The district school board may adopt policies providing for fiscal management of the school district with respect to school purchasing, facilities, nonstate revenue sources, budgeting, fundraising, and other activities relating to the fiscal management of district resources, including, but not limited to, the policies governing:

(a)  Sales calls and demonstrations by agents, solicitors, salespersons, and vendors on campus; local preference criteria for vendors; specifications for quantity purchasing; prioritization of awards for bids; declining bid awards; and purchase requisitions, approvals, and routing.

(b)  Sales by booster clubs; marathon fundraisers; and student sales of candy, paper products, or other goods authorized by the district school board.

(c)  Inventory and disposal of district property; use of safe-deposit boxes; and selection of real estate appraisers.

(d)  Payment of contractors and other service providers.

(e)  Accounting systems; petty cash accounts procedures and reporting; school activities funds procedures and reporting; management and reporting of grants from private sources; and management of funds, including auxiliary enterprise funds.

(f)  District budgeting system, including setting budget deadlines and schedules, budget planning, and implementation and determination of budget priorities.

(3)  INSTRUCTIONAL AIDS.--The district school board may adopt policies providing for innovative teaching techniques, teaching programs and methods, instructional aids and objectives, extracurricular and interscholastic activities, and supplemental programs including, but not limited to, policies providing for:

(a)  Use of technology, including appropriate use of the Internet as a tool for learning.

(b)  Instructional priorities and objectives, pilot projects and evaluations, curriculum adoption and design, and lesson planning.

(c)  Extracurricular and interscholastic activities, including field trips, publishing a student newspaper and other publications, and special programs relating to the arts, music, or other topics of current interest.

(d)  Participation in physical education programs, including appropriate physical education attire and protective gear; programs for exceptional students; summer school; and the Title I program, including comparability procedures.

(4)  FACILITIES MANAGEMENT.--The district school board may adopt policies providing for management of the physical campus and its environs, including, but not limited to, energy conservation measures; building and ground maintenance; fencing, landscaping, and other property improvements; site acquisition; new construction and renovation; dedication and rededication or naming and renaming of district buildings and other district facilities; and development of facilities management planning and priorities.

(5)  SCHOOL COMMUNITY RELATIONS.--The district school board may adopt policies governing public gifts and donations to schools; input from the community concerning instruction resources; advertising in schools; participation in community affairs, including coordination with local governments and planning authorities; protocols for interagency agreements; business community partnerships; community use of school facilities; public solicitations in schools, including the distribution and posting of promotional materials and literature; visitors to the school campus; school advisory councils; and parent volunteers and chaperones.

(6)  LEGAL ISSUES.--The district school board may adopt policies and procedures necessary to implement federal mandates and programs, court orders, and other legal requirements of the state.

(7)  FIRST AID AND EMERGENCIES.--The district school board may adopt programs and policies to ensure appropriate response in emergency situations; the provision of first aid to individuals, the student body, and school personnel; and the effective management of student illness, which programs and policies may include, but are not limited to:

(a)  The provision of first aid and emergency medical care and the provision of school health care facilities and services.

(b)  The provision of school safety patrol.

(c)  Procedures for reporting hazards, including threats of nature, bomb threats, threatening messages, and similar occurrences, and the provision of warning systems including alarm systems and other technical devices.

(d)  Procedures for evacuating the classrooms, playground, or any other district facility.

(e)  Procedures for reporting accidents, including traffic accidents and traffic violations involving district-owned vehicles.

(f)  Student insurance programs.

(8)  STUDENT ASSESSMENT AND AFFAIRS.--The district school board may adopt policies and procedures governing attendance monitoring and checks; truancy; graduation requirements and graduation exercises; fees, fines, and charges imposed on students; evaluation of student records and transcripts; transfer of student records; grading and academic evalu