1998 Florida Code
TITLE XVI EDUCATION
Chapter 228 Public Education: General Provisions  
228.053   Developmental research schools.

228.053  Developmental research schools.--

(1)  SHORT TITLE.--This section may be cited as the "Sidney Martin Developmental Research School Act."

(2)  ESTABLISHMENT.--There is established a category of public schools to be known as developmental research schools. Each developmental research school shall provide sequential instruction and shall be affiliated with the college of education within the state university of closest geographic proximity. For the purpose of state funding, Florida Agricultural and Mechanical University, Florida Atlantic University, Florida State University, the University of Florida, and other universities approved by the Board of Regents, the State Board of Education, and the Legislature are authorized to sponsor developmental research schools.

(3)  MISSION.--The mission of a developmental research school shall be the provision of a vehicle for the conduct of research, demonstration, and evaluation regarding management, teaching, and learning. Programs to achieve the mission of a developmental research school shall embody the goals and standards of "Blueprint 2000" established pursuant to ss. 229.591 and 229.592 and shall ensure an appropriate education for its students.

(a)  Each developmental research school shall emphasize mathematics, science, computer science, and foreign languages. The primary goal of a developmental research school is to enhance instruction and research in such specialized subjects by using the resources available on a state university campus, while also providing an education in nonspecialized subjects. Each developmental research school shall provide sequential elementary and secondary instruction where appropriate. A developmental research school may not provide instruction at grade levels higher than grade 12 without authorization from the State Board of Education. Each developmental research school shall develop and implement a school improvement plan pursuant to s. 230.23(16).

(b)  Research, demonstration, and evaluation conducted at a developmental research school may be generated by the college of education with which the school is affiliated.

(c)  Research, demonstration, and evaluation conducted at a developmental research school may be generated by the Education Standards Commission. Such research shall respond to the needs of the education community at large, rather than the specific needs of the affiliated college.

(d)  Research, demonstration, and evaluation conducted at a developmental research school may consist of pilot projects to be generated by the affiliated college, the Education Standards Commission, or the Legislature.

(e)  The exceptional education programs offered at a developmental research school shall be determined by the research and evaluation goals and the availability of students for efficiently sized programs. The fact that a developmental research school offers an exceptional education program in no way lessens the general responsibility of the local school district to provide exceptional education programs.

(4)  STUDENT ADMISSIONS.--Each developmental research school may establish a primary research objective related to fundamental issues and problems which occur in the public elementary and secondary schools of the state. A student population reflective of the student population of the public school environment in which the issues and problems are most prevalent shall be promoted and encouraged through the establishment and implementation of an admission process, notwithstanding the provisions of s. 228.2001, which is designed to result in a representative sample of public school enrollment based on sex, race, socioeconomic status, and academic ability.

(5)  STUDENT FEES.--Each developmental research school may charge a student activity and service fee. Any school that elects to charge such a fee shall provide information regarding the use of the fee as well as an annual report that documents the manner in which the moneys provided by such fee were expended. The annual report prescribed in this subsection shall be distributed to the parents or guardians of each student. No additional fees shall be charged.

(6)  SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each developmental research school may accrue supplemental revenue from voluntary-support organizations, which include, but are not limited to, alumni associations, foundations, parent-teacher associations, and booster associations. The governing body of each supplemental-support organization shall recommend the expenditure of moneys collected by the organization for the benefit of the school. Such expenditures shall be contingent upon the recommendations of the school advisory council and review of the director. The director may override any proposed expenditure of the organization that would violate Florida Statutes or breach sound educational management.

(7)  PERSONNEL.--

(a)  Each developmental research school may employ either a director or a principal, or both, at the discretion of the university. The duties of such personnel shall be as follows:

1.  Each director shall be the chief executive officer and shall oversee the education, research, and evaluation goals of the school. The director shall be responsible for recommending policy to the advisory board. The director shall be accountable for the financial resources of the school.

2.  Each principal shall be the chief educational officer and shall oversee the educational program of the school. The principal shall be accountable for the daily operation and administration of the school.

(b)  Faculty may serve simultaneously as instructional personnel for the developmental research school and the university with which the school is affiliated. Nothing in this section is intended to affect the collective bargaining rights of developmental research school employees, except as specifically provided in this section.

(c)  Developmental research school faculty members shall meet the certification requirements of ss. 231.02, 231.095, and 231.096, by the 1995-1996 school year.

(8)  ADVISORY BOARDS.--"Blueprint 2000" provisions and intent specify that each public school in the state shall establish a school advisory council that is reflective of the population served by the school, pursuant to s. 229.58, and is responsible for the development and implementation of the school improvement plan pursuant to s. 230.23(16). Developmental research schools shall comply with the provisions of s. 229.58 in one of two ways:

(a)  Two advisory bodies.--Each developmental research school may:

1.  Establish an advisory body pursuant to the provisions and requirements of s. 229.58 to be responsible for the development and implementation of the school improvement plan, pursuant to s. 230.23(16).

2.  Establish an advisory board to provide general oversight and guidance. The dean of the affiliated college of education shall be a standing member of the board, and the president of the university shall appoint three faculty members from the college of education, one layperson who resides in the county in which the school is located, and two parents or legal guardians of students who attend the developmental research school to serve on the advisory board. The term of each member shall be for 2 years, and any vacancy shall be filled with a person of the same classification as his or her predecessor for the balance of the unexpired term. The president shall stagger the terms of the initial appointees in a manner that results in the expiration of terms of no more than two members in any year. The president shall call the organizational meeting of the board. The board shall annually elect a chair and a vice chair. There shall be no limitation on successive appointments to the board or successive terms that may be served by a chair or vice chair. The board shall adopt internal organizational procedures or bylaws necessary for efficient operation as provided in chapter 120. Board members shall not receive per diem or travel expenses for the performance of their duties. The board shall:

a.  Meet at least quarterly.

b.  Monitor the operations of the school and the distribution of moneys allocated for such operations.

c.  Establish necessary policy, program, and administration modifications.

d.  Evaluate biennially the performance of the director and principal and recommend corresponding action to the dean of the college of education.

e.  Annually review evaluations of the school's operation and research findings.

(b)  One advisory body.--Each developmental research school may establish an advisory body responsible for the development and implementation of the school improvement plan, pursuant to s. 230.23(16), in addition to general oversight and guidance responsibilities. The advisory body shall reflect the membership composition requirements established in s. 229.58, but may also include membership by the dean of the college of education and additional members appointed by the president of the university that represent faculty members from the college of education, the university, or other bodies deemed appropriate for the mission of the school.

(9)  FUNDING.--

(a)  Each developmental research school shall be allocated its proportional share of operating funds from the Florida Education Finance Program as provided in s. 236.081 and the General Appropriations Act. The nonvoted ad valorem millage that would otherwise be required for developmental research schools shall be allocated from state funds. The required local effort funds calculated pursuant to s. 236.081 shall be allocated from state funds to the schools as a part of the allocation of operating funds pursuant to s. 236.081. Each eligible developmental research school shall also receive a proportional share of the sparsity supplement as calculated pursuant to s. 236.081. In addition, each developmental research school shall receive its proportional share of all categorical funds, with the exception of ss. 236.083 and 1236.0835, and new categorical funds enacted after July 1, 1994, for the purpose of elementary or secondary academic program enhancement. The sum of funds available as provided in this paragraph shall be included annually in the Florida Education Finance Program and appropriate categorical programs funded in the General Appropriations Act.

(b)  There is created a Developmental Research School Educational Facility Trust Fund to be administered by the Commissioner of Education. Allocations from such fund shall be expended solely for the purpose of facility construction, repair, renovation, remodeling, site improvement, or maintenance. The commissioner shall administer the fund in accordance with ss. 235.41-235.435.

(c)  All operating funds provided under this section shall be deposited in a Developmental Research School Trust Fund in the State Treasury and shall be expended for the purposes of this section. The university assigned a developmental research school shall be the fiscal agent for these funds, and all rules of the university governing the budgeting and expenditure of state funds shall apply to these funds unless otherwise provided by law or rule of the State Board of Education. The Board of Regents shall be the public employer of developmental research school personnel for collective bargaining purposes.

(d)  Each developmental research school shall receive funds for operating purposes in an amount determined as follows: multiply the maximum allowable nonvoted discretionary millage for operations pursuant to s. 236.25(1) by the value of 95 percent of the current year's taxable value for school purposes for the district in which each developmental research school is located; divide the result by the total full-time equivalent membership of the district; and multiply the result by the full-time equivalent membership of the developmental research school. The amount thus obtained shall be discretionary operating funds and shall be appropriated from state funds in the General Appropriations Act to the Developmental Research School Trust Fund.

(e)  Each developmental research school shall receive funds for capital improvement purposes in an amount determined as follows: multiply the maximum allowable nonvoted discretionary millage for capital improvements pursuant to s. 236.25(2) by the value of 95 percent of the current year's taxable value for school purposes for the district in which each developmental research school is located; divide the result by the total full-time equivalent membership of the district; and multiply the result by the full-time equivalent membership of the developmental research school. The amount thus obtained shall be discretionary capital improvement funds and shall be appropriated from state funds in the General Appropriations Act to the Developmental Research School Educational Facility Trust Fund. For purposes of this paragraph, the full-time equivalent membership of the developmental research school shall not include the 25 unweighted full-time equivalent count specified in 2paragraph (h).

(f)  In addition to the funds appropriated for capital outlay budget needs, developmental research schools may receive specific funding as specified in the General Appropriations Act for upgrading, renovating, and remodeling science laboratories.

(g)  Each developmental research school is designated a teacher education center and may provide inservice training to school district personnel. The Department of Education shall provide funds to the Developmental Research School Trust Fund for this purpose from appropriations for inservice teacher education.

(10)  IMPLEMENTATION.--The State Board of Education shall adopt any rules necessary to facilitate the implementation of this section.

(11)  AUDIT.--

(a)  The Auditor General shall include developmental research schools within the scope of his or her annual financial and compliance audits of the State University System. The Auditor General shall further conduct compliance and program audits of such schools no less than once every 10 years.

(b)  A report of the audit findings shall be provided to the school audited, the State Board of Education, the President of the Senate, and the Speaker of the House of Representatives.

(12)  EXCEPTIONS TO LAW.--To encourage innovative practices and facilitate the mission of the developmental research schools, in addition to the exceptions to law specified in s. 229.592(6), the following exceptions shall be permitted for developmental research schools:

(a)  The methods and requirements of the following statutes shall be held in abeyance: ss. 230.01; 230.02; 230.03; 230.04; 230.05; 230.061; 230.08; 230.10; 230.105; 230.11; 230.12; 230.15; 230.16; 230.17; 230.173; 230.18; 230.19; 230.201; 230.202; 230.21; 230.22; 230.2215; 230.2318; 230.232; 230.24; 230.241; 230.26; 230.28; 230.30; 230.303; 230.31; 230.32; 230.321; 230.33; 230.35; 230.39; 230.63; 230.64; 230.643; 234.01; 234.021; 234.112; 236.25; 236.261; 236.29; 236.31; 236.32; 236.35; 236.36; 236.37; 236.38; 236.39; 236.40; 236.41; 236.42; 236.43; 236.44; 236.45; 236.46; 236.47; 236.48; 236.49; 236.50; 236.51; 236.52; 236.55; 236.56; 237.051; 237.071; 237.091; 237.201; 237.40; and 316.75. With the exception of subsection (16) of s. 230.23, s. 230.23 shall be held in abeyance. Reference to school boards in s. 230.23(16) shall mean the president of the university or the president's designee.

(b)  The following statutes or related rules may be waived for any developmental research school so requesting, provided the general statutory purpose of each section is met and the developmental research school has submitted a written request to the Joint Developmental Research School Planning, Articulation, and Evaluation Committee for approval pursuant to this subsection: ss. 229.555; 231.291; 232.2462; 232.36; 233.34; 237.01; 237.02; 237.031; 237.041; 237.061; 237.081; 237.111; 237.121; 237.131; 237.141; 237.151; 237.161; 237.162; 237.171; 237.181; 237.211; and 237.34. Notwithstanding reference to the responsibilities of the superintendent or school board in chapter 237, developmental research schools shall follow the policy intent of the chapter and shall, at least, adhere to the general state agency accounting procedures established in s. 11.46.

1.  Two or more developmental research schools may jointly originate a request for waiver and submit the request to the committee if such waiver is approved by the school advisory council of each developmental research school desiring the waiver.

2.  A developmental research school may submit a request to the committee for a waiver if such request is presented by a school advisory council established pursuant to s. 229.58, if such waiver is required to implement a school improvement plan required by s. 230.23(16), and if such request is made using forms established pursuant to s. 229.592(6). The Joint Developmental Research School Planning, Articulation, and Evaluation Committee shall monitor the waiver activities of all developmental research schools and shall report annually to the department and the Florida Commission on Education Reform and Accountability, in conjunction with the feedback report required pursuant to s. 229.592(3), the number of waivers requested and submitted to the committee by developmental research schools, and the number of such waiver requests not approved. For each waiver request not approved, the committee shall report the statute or rule for which the waiver was requested, the rationale for the developmental research school request, and the reason the request was not approved.

(c)  The written request for waiver of statute or rule shall indicate at least how the general statutory purpose will be met, how granting the waiver will assist schools in improving student outcomes related to the student performance standards adopted pursuant to s. 229.592(5), and how student improvement will be evaluated and reported. In considering any waiver, the committee shall ensure protection of the health, safety, welfare, and civil rights of the students and protection of the public interest.

(d)  The procedure established in s. 229.592(6)(f) shall be followed for any request for a waiver which is not denied, or for which a request for additional information is not issued.

Notwithstanding the request provisions of s. 229.592(6), developmental research schools shall request all waivers through the Joint Developmental Research School Planning, Articulation, and Evaluation Committee, as established in s. 228.054. The committee shall approve or disapprove said requests pursuant to this subsection and s. 229.592(6); however, the Commissioner of Education shall have standing to challenge any decision of the committee should it adversely affect the health, safety, welfare, or civil rights of the students or public interest. The department shall immediately notify the committee and developmental research school of the decision and provide a rationale therefor.

History.--s. 2, ch. 90-49; s. 55, ch. 94-232; s. 16, ch. 94-292; s. 2, ch. 94-319; s. 1521, ch. 95-147; s. 32, ch. 95-269; s. 45, ch. 97-190.

1Note.--Repealed by s. 49, ch. 94-232.

2Note.--The reference is erroneous. Proposed paragraph (h), contained in 1994 H.B. 2353, was deleted by Senate Amendment 1, see Journal of the Senate 1994, p. 957.