Senate Bill sb0020Eer
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1
2 An act relating to education and matters
3 connected therewith; creating the "Florida K-20
4 Education Code"; creating ch. 1000, F.S.,
5 entitled "K-20 General Provisions," consisting
6 of part I relating to general provisions, part
7 II relating to systemwide definitions, and part
8 III relating to educational compacts; creating
9 ch. 1001, F.S., entitled "K-20 Governance,"
10 consisting of part I relating to state-level
11 governance, part II relating to school district
12 governance, part III relating to community
13 colleges, and part IV relating to state
14 universities; creating ch. 1002, F.S., entitled
15 "Student and Parental Rights and Educational
16 Choices," consisting of part I relating to
17 general provisions, part II relating to student
18 and parental rights, part III relating to
19 educational choice, and part IV relating to
20 home education, private schools, and other
21 education options; creating ch. 1003, F.S.,
22 entitled "Public K-12 Education," consisting of
23 part I relating to general provisions, part II
24 relating to school attendance, part III
25 relating to control of students, part IV
26 relating to public K-12 educational
27 instruction, part V relating to specialized
28 instruction for certain public K-12 students,
29 and part VI relating to pilot public K-12
30 education programs; creating ch. 1004, F.S.,
31 entitled "Public Postsecondary Education,"
1
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 consisting of part I relating to general
2 provisions, part II relating to state
3 universities, part III relating to community
4 colleges, and part IV relating to workforce
5 development education; creating ch. 1005, F.S.,
6 entitled "Nonpublic Postsecondary Education,"
7 consisting of part I relating to general
8 provisions, part II relating to the Commission
9 for Independent Education, and part III
10 relating to licensure of nonpublic
11 postsecondary educational institutions;
12 creating ch. 1006, F.S., entitled "Support for
13 Learning and Student Services," consisting of
14 part I relating to public K-12 education
15 support for learning and student services and
16 part II relating to postsecondary educational
17 institutions; creating ch. 1007, F.S., entitled
18 "Access and Articulation," consisting of part I
19 relating to general provisions, part II
20 relating to articulation, and part III relating
21 to access to postsecondary education; creating
22 ch. 1008, F.S., entitled "Assessment and
23 Accountability," consisting of part I relating
24 to assessment, part II relating to
25 accountability, and part III relating to the
26 Council for Education Policy Research and
27 Improvement; creating ch. 1009, F.S., entitled
28 "Educational Scholarships, Fees, and Financial
29 Assistance," consisting of part I relating to
30 general provisions, part II relating to
31 postsecondary student fees, part III relating
2
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 to financial assistance, part IV relating to
2 prepaid college board programs, and part V
3 relating to the Florida higher education loan
4 authority; creating ch. 1010, F.S., entitled
5 "Financial Matters," consisting of part I
6 relating to general accounting requirements,
7 part II relating to financial reporting, part
8 III relating to audit requirements and
9 procedures, part IV relating to bonding, and
10 part V relating to trust funds; creating ch.
11 1011, F.S., entitled "Planning and Budgeting,"
12 consisting of part I relating to preparation,
13 adoption, and implementation of budgets, part
14 II relating to funding for school districts,
15 part III relating to funding for workforce
16 education, part IV relating to funding for
17 community colleges, and part V relating to
18 funding for state universities; creating ch.
19 1012, F.S., entitled "Personnel," consisting of
20 part I relating to general provisions, part II
21 relating to K-20 personnel issues, part III
22 relating to public schools personnel, part IV
23 relating to public postsecondary educational
24 institutions personnel, part V relating to
25 professional development, and part VI relating
26 to the interstate compact on qualifications of
27 educational personnel; creating ch. 1013, F.S.,
28 entitled "Educational Facilities," consisting
29 of part I relating to functions of the
30 Department of Education, part II relating to
31 use and management of educational facilities,
3
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 part III relating to planning and construction
2 of educational facilities, and part IV relating
3 to funding for educational facilities;
4 reenacting and amending s. 20.15, F.S.,
5 relating to the Department of Education, to
6 conform; amending ss. 11.061, 11.40, 11.45,
7 23.1225, 24.121, 39.0015, 39.407, 61.13015,
8 105.061, 110.1228, 110.123, 110.151, 110.181,
9 110.205, 112.1915, 112.313, 120.52, 120.55,
10 120.81, 121.051, 121.091, 145.131, 145.19,
11 153.77, 159.27, 163.3177, 163.3191, 195.096,
12 196.012, 196.031, 196.1983, 200.001, 200.065,
13 200.069, 201.24, 210.20, 212.04, 212.0602,
14 212.08, 213.053, 215.20, 215.82, 216.181,
15 216.301, 218.39, 220.183, 222.22, 250.115,
16 255.0515, 255.0516, 265.2861, 265.603, 267.173,
17 267.1732, 282.005, 282.103, 282.105, 282.106,
18 282.3031, 282.3063, 282.310, 284.34, 285.18,
19 287.042, 287.055, 287.064, 288.039, 288.8175,
20 295.01, 295.015, 295.016, 295.017, 295.018,
21 295.019, 295.0195, 316.003, 316.027, 316.515,
22 316.6145, 316.615, 316.70, 316.72, 318.12,
23 318.14, 320.08058, 320.20, 320.38, 322.031,
24 322.091, 322.095, 322.21, 333.03, 364.508,
25 380.0651, 381.003, 381.005, 381.0056, 381.0302,
26 391.055, 393.0657, 394.4572, 394.495, 394.498,
27 395.602, 395.605, 397.405, 397.451, 397.951,
28 402.22, 402.302, 402.3057, 409.145, 409.1757,
29 409.2598, 409.9071, 409.908, 409.9122, 411.01,
30 411.203, 411.223, 414.1251, 440.16, 445.04,
31 445.0121, 445.024, 447.203, 447.301, 447.403,
4
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 450.081, 450.121, 458.3145, 458.324, 459.0125,
2 468.1115, 468.607, 468.723, 471.0035, 476.114,
3 476.144, 476.178, 477.0132, 477.019, 477.0201,
4 477.023, 480.033, 481.229, 488.01, 553.415,
5 559.902, 589.09, 627.733, 627.742, 627.912,
6 633.445, 633.50, 732.402, 784.081, 817.566,
7 817.567, 877.18, 921.187, 943.10, 943.22,
8 944.801, 948.03, 984.03, 984.05, 984.151,
9 984.19, 985.03, 985.04, 985.316, and 985.412,
10 F.S.; conforming provisions and cross
11 references; revising provisions relating to
12 audits of the accounts and records of district
13 school boards; providing purpose of this act;
14 authorizing activities relating to the
15 reorganization of the Department of Education
16 and implementation of changes to the state
17 system of education; repealing s. 187.201(1),
18 F.S., relating to the education goals and
19 policies of the State Comprehensive Plan;
20 repealing s. 2 of ch. 2000-181, Laws of
21 Florida, relating to the repeal of s. 236.081,
22 F.S., effective June 30, 2004; repealing part I
23 of ch. 243, F.S., relating to the educational
24 institutions law, and ch. 228, 229, 230, 231,
25 232, 233, 234, 235, 236, 237, 239, 240, 241,
26 242, 244, and 246, F.S., relating to public
27 education general provisions, functions of
28 state educational agencies, the district school
29 system, personnel of the school system,
30 compulsory school attendance and child welfare,
31 courses of study and instructional aids,
5
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 transportation of school children, educational
2 facilities, finance and taxation of schools,
3 financial accounts and expenditures for public
4 schools, vocational, adult, and community
5 education, postsecondary education, distance
6 learning, specialized state educational
7 institutions, educational compacts, and
8 nonpublic postsecondary institutions; providing
9 duties of the Division of Statutory Revision;
10 providing for review of ch. 1000-1013, F.S.,
11 during the 2003 Regular Session; requiring each
12 district school board to develop a plan for a
13 K-12 foreign language curriculum; amending s.
14 110.1099, F.S.; deleting a requirement that
15 credit hours generated by state employee fee
16 waivers be fundable credit hours; providing for
17 severability; providing effective dates.
18
19 WHEREAS, Representative Jerry G. Melvin has served in
20 the Florida House of Representatives for 18 years, from
21 1968-1978 and 1995-2002, and is the current Dean of this great
22 institution, and
23 WHEREAS, Representative Jerry G. Melvin served for many
24 years on the Education Appropriations Committee, chaired the
25 Education Innovation Committee from 1997 through 2000, and has
26 chaired the Council for Lifelong Learning from 2000 through
27 2002, and
28 WHEREAS, in his many years of education chairmanship,
29 Representative Jerry G. Melvin has fought tirelessly to
30 achieve the public policy goals of the House leadership, and
31
6
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 WHEREAS, in his final year of service to this House,
2 Representative Jerry G. Melvin has accomplished his crowning
3 achievement by bringing before this body, as required in last
4 year's education governance legislation, a new, clear, concise
5 revision of the entire education code that reflects the new
6 governance structure, and
7 WHEREAS, this new education code is the largest, most
8 comprehensive piece of legislation ever brought before this
9 Legislature and epitomizes the dedication and hard work of
10 Representative Jerry G. Melvin, NOW, THEREFORE,
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Chapter 1000, Florida Statutes, shall be
15 entitled "K-20 General Provisions" and shall consist of ss.
16 1000.01-1000.21.
17 Section 2. Part I of chapter 1000, Florida Statutes,
18 shall be entitled "General Provisions" and shall consist of
19 ss. 1000.01-1000.06.
20 Section 3. Section 1000.01, Florida Statutes, is
21 created to read:
22 1000.01 The Florida K-20 Education System; technical
23 provisions.--
24 (1) NAME.--Chapters 1000 through 1013 shall be known
25 and cited as the "Florida K-20 Education Code."
26 (2) LIBERAL CONSTRUCTION.--The provisions of the
27 Florida K-20 Education Code shall be liberally construed to
28 the end that its objectives may be effected. It is the
29 legislative intent that if any section, subsection, sentence,
30 clause, or provision of the Florida K-20 Education Code is
31 held invalid, the remainder of the code shall not be affected.
7
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (3) PURPOSE.--The purpose of the Florida K-20
2 Education Code is to provide by law for a state system of
3 schools, courses, classes, and educational institutions and
4 services adequate to allow, for all Florida's students, the
5 opportunity to obtain a high quality education. The Florida
6 K-20 education system is established to accomplish this
7 purpose; however, nothing in this code shall be construed to
8 require the provision of free public education beyond grade
9 12.
10 (4) UNIFORM SYSTEM OF PUBLIC K-12 SCHOOLS
11 INCLUDED.--As required by s. 1, Art. IX of the State
12 Constitution, the Florida K-20 education system shall include
13 the uniform system of free public K-12 schools. These public
14 K-12 schools shall provide 13 consecutive years of
15 instruction, beginning with kindergarten, and shall also
16 provide such instruction for students with disabilities,
17 gifted students, limited English proficient students, and
18 students in Department of Juvenile Justice programs as may be
19 required by law. The funds for support and maintenance of the
20 uniform system of free public K-12 schools shall be derived
21 from state, district, federal, and other lawful sources or
22 combinations of sources, including any fees charged
23 nonresidents as provided by law.
24 (5) EDUCATION GOVERNANCE TRANSFERS.--
25 (a) Effective July 1, 2001:
26 1. The Board of Regents is abolished.
27 2. All of the powers, duties, functions, records,
28 personnel, and property; unexpended balances of
29 appropriations, allocations, and other funds; administrative
30 authority; administrative rules; pending issues; and existing
31 contracts of the Board of Regents are transferred by a type
8
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 two transfer, pursuant to s. 20.06(2), to the Florida Board of
2 Education.
3 3. The State Board of Community Colleges is abolished.
4 4. All of the powers, duties, functions, records,
5 personnel, and property; unexpended balances of
6 appropriations, allocations, and other funds; administrative
7 authority; administrative rules; pending issues; and existing
8 contracts of the State Board of Community Colleges are
9 transferred by a type two transfer, pursuant to s. 20.06(2),
10 from the Department of Education to the Florida Board of
11 Education.
12 5. The Postsecondary Education Planning Commission is
13 abolished.
14 6. The Council for Education Policy Research and
15 Improvement is created as an independent office under the
16 Office of Legislative Services.
17 7. All personnel, unexpended balances of
18 appropriations, and allocations of the Postsecondary Education
19 Planning Commission are transferred to the Council for
20 Education Policy Research and Improvement.
21 8. The Articulation Coordinating Committee and the
22 Education Standards Commission are transferred by a type two
23 transfer, pursuant to s. 20.06(2), from the Department of
24 Education to the Florida Board of Education.
25 (b) All rules of the State Board of Education, the
26 Commissioner of Education, and the Department of Education,
27 and all rules of the district school boards, the community
28 college boards of trustees, and the state university boards of
29 trustees, in effect on January 2, 2003, remain in effect until
30 specifically amended or repealed in the manner provided by
31 law.
9
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (c) Effective January 7, 2003:
2 1. The administrative rules of the Department of
3 Education and the Commissioner of Education shall become the
4 rules of the State Board of Education.
5 2. The administrative rules of the State Board of
6 Education shall become the rules of the appointed State Board
7 of Education.
8 (d) All administrative rules of the State Board of
9 Education, the Commissioner of Education, and the Department
10 of Education are transferred by a type two transfer, as
11 defined in s. 20.06(2), Florida Statutes, to the appointed
12 State Board of Education.
13 (e) This act creating the Florida K-20 Education Code
14 shall not affect the validity of any judicial or
15 administrative action involving the Department of Education,
16 pending on January 7, 2003. This act shall not affect the
17 validity of any judicial or administrative action involving
18 the Commissioner of Education or the State Board of Education,
19 pending on January 7, 2003, and the appointed State Board of
20 Education shall be substituted as a party of interest in any
21 such action.
22 Section 4. Section 1000.02, Florida Statutes, is
23 created to read:
24 1000.02 Policy and guiding principles for the Florida
25 K-20 education system.--
26 (1) It is the policy of the Legislature:
27 (a) To achieve within existing resources a seamless
28 academic educational system that fosters an integrated
29 continuum of kindergarten through graduate school education
30 for Florida's students.
31
10
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) To promote enhanced academic success and funding
2 efficiency of educational delivery systems by aligning
3 responsibility with accountability.
4 (c) To provide consistent education policy across all
5 educational delivery systems, focusing on students.
6 (d) To provide substantially improved articulation
7 across all educational delivery systems.
8 (e) To provide for the decentralization of authority
9 to the schools, community colleges, universities, and other
10 education institutions that deliver educational services to
11 the public.
12 (f) To ensure that independent education institutions
13 and home education programs maintain their independence,
14 autonomy, and nongovernmental status.
15 (2) The guiding principles for Florida's K-20
16 education system are:
17 (a) A coordinated, seamless system for kindergarten
18 through graduate school education.
19 (b) A system that is student-centered in every facet.
20 (c) A system that maximizes education access and
21 allows the opportunity for a high quality education for all
22 Floridians.
23 (d) A system that safeguards equity and supports
24 academic excellence.
25 (e) A system that provides for local operational
26 flexibility while promoting accountability for student
27 achievement and improvement.
28 Section 5. Section 1000.03, Florida Statutes, is
29 created to read:
30 1000.03 Function, mission, and goals of the Florida
31 K-20 education system.--
11
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (1) Florida's K-20 education system shall be a
2 decentralized system without excess layers of bureaucracy. The
3 State Board of Education may appoint on an ad hoc basis a
4 committee or committees to assist it on any and all issues
5 within the K-20 education system. Florida's K-20 education
6 system shall maintain a systemwide technology plan based on a
7 common set of data definitions.
8 (2)(a) The Legislature shall establish education
9 policy, enact education laws, and appropriate and allocate
10 education resources.
11 (b) The State Board of Education shall oversee the
12 enforcement of all laws and rules, and the timely provision of
13 direction, resources, assistance, intervention when needed,
14 and strong incentives and disincentives to force
15 accountability for results.
16 (c) The Commissioner of Education shall serve as chief
17 executive officer of the K-20 education system. The
18 commissioner shall be responsible for enforcing compliance
19 with the mission and goals of the K-20 education system. The
20 commissioner's office shall operate all statewide functions
21 necessary to support the State Board of Education and the K-20
22 education system.
23 (3) Public education is a cooperative function of the
24 state and local educational authorities. The state retains
25 responsibility for establishing a system of public education
26 through laws, standards, and rules to assure efficient
27 operation of a K-20 system of public education and adequate
28 educational opportunities for all individuals. Local
29 educational authorities have a duty to fully and faithfully
30 comply with state laws, standards, and rules and to
31
12
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 efficiently use the resources available to them to assist the
2 state in allowing adequate educational opportunities.
3 (4) The mission of Florida's K-20 education system is
4 to allow its students to increase their proficiency by
5 allowing them the opportunity to expand their knowledge and
6 skills through adequate learning opportunities, in accordance
7 with the mission statement and accountability requirements of
8 s. 1008.31.
9 (5) The priorities of Florida's K-20 education system
10 include:
11 (a) Learning and completion at all levels, including
12 increased high school graduation rate and readiness for
13 postsecondary education without remediation.--All students
14 demonstrate increased learning and completion at all levels,
15 graduate from high school, and are prepared to enter
16 postsecondary education without remediation.
17 (b) Student performance.--Students demonstrate that
18 they meet the expected academic standards consistently at all
19 levels of their education.
20 (c) Alignment of standards and resources.--Academic
21 standards for every level of the K-20 education system are
22 aligned, and education financial resources are aligned with
23 student performance expectations at each level of the K-20
24 education system.
25 (d) Educational leadership.--The quality of
26 educational leadership at all levels of K-20 education is
27 improved.
28 (e) Workforce education.--Workforce education is
29 appropriately aligned with the skills required by the new
30 global economy.
31
13
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (f) Parental, student, family, educational
2 institution, and community involvement.--Parents, students,
3 families, educational institutions, and communities are
4 collaborative partners in education, and each plays an
5 important role in the success of individual students.
6 Therefore, the State of Florida cannot be the guarantor of
7 each individual student's success. The goals of Florida's K-20
8 education system are not guarantees that each individual
9 student will succeed or that each individual school will
10 perform at the level indicated in the goals.
11 Section 6. Section 1000.04, Florida Statutes, is
12 created to read:
13 1000.04 Components for the delivery of public
14 education within the Florida K-20 education system.--Florida's
15 K-20 education system provides for the delivery of public
16 education through publicly supported and controlled K-12
17 schools, community colleges, state universities and other
18 postsecondary educational institutions, other educational
19 institutions, and other educational services as provided or
20 authorized by the Constitution and laws of the state.
21 (1) PUBLIC K-12 SCHOOLS.--The public K-12 schools
22 include charter schools and consist of kindergarten classes;
23 elementary, middle, and high school grades and special
24 classes; workforce development education; area technical
25 centers; adult, part-time, career and technical, and evening
26 schools, courses, or classes, as authorized by law to be
27 operated under the control of district school boards; and lab
28 schools operated under the control of state universities.
29 (2) PUBLIC POSTSECONDARY EDUCATIONAL
30 INSTITUTIONS.--Public postsecondary educational institutions
31 include workforce development education; community colleges;
14
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 colleges; state universities; and all other state-supported
2 postsecondary educational institutions that are authorized and
3 established by law.
4 (3) FLORIDA SCHOOL FOR THE DEAF AND THE BLIND.--The
5 Florida School for the Deaf and the Blind is a component of
6 the delivery of public education within Florida's K-20
7 education system.
8 (4) THE FLORIDA VIRTUAL SCHOOL.--The Florida Virtual
9 School is a component of the delivery of public education
10 within Florida's K-20 education system.
11 Section 7. Section 1000.05, Florida Statutes, is
12 created to read:
13 1000.05 Discrimination against students and employees
14 in the Florida K-20 public education system prohibited;
15 equality of access required.--
16 (1) This section may be cited as the "Florida
17 Educational Equity Act."
18 (2)(a) Discrimination on the basis of race, ethnicity,
19 national origin, gender, disability, or marital status against
20 a student or an employee in the state system of public K-20
21 education is prohibited. No person in this state shall, on the
22 basis of race, ethnicity, national origin, gender, disability,
23 or marital status, be excluded from participation in, be
24 denied the benefits of, or be subjected to discrimination
25 under any public K-20 education program or activity, or in any
26 employment conditions or practices, conducted by a public
27 educational institution that receives or benefits from federal
28 or state financial assistance.
29 (b) The criteria for admission to a program or course
30 shall not have the effect of restricting access by persons of
31
15
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 a particular race, ethnicity, national origin, gender,
2 disability, or marital status.
3 (c) All public K-20 education classes shall be
4 available to all students without regard to race, ethnicity,
5 national origin, gender, disability, or marital status;
6 however, this is not intended to eliminate the provision of
7 programs designed to meet the needs of students with limited
8 proficiency in English, gifted students, or students with
9 disabilities or programs tailored to students with specialized
10 talents or skills.
11 (d) Students may be separated by gender for any
12 portion of a class that deals with human reproduction or
13 during participation in bodily contact sports. For the
14 purpose of this section, bodily contact sports include
15 wrestling, boxing, rugby, ice hockey, football, basketball,
16 and other sports in which the purpose or major activity
17 involves bodily contact.
18 (e) Guidance services, counseling services, and
19 financial assistance services in the state public K-20
20 education system shall be available to students equally.
21 Guidance and counseling services, materials, and promotional
22 events shall stress access to academic, career and technical
23 opportunities for students without regard to race, ethnicity,
24 national origin, gender, disability, or marital status.
25 (3)(a) No person shall, on the basis of gender, be
26 excluded from participating in, be denied the benefits of, or
27 be treated differently from another person or otherwise be
28 discriminated against in any interscholastic, intercollegiate,
29 club, or intramural athletics offered by a public K-20
30 educational institution; and no public K-20 educational
31 institution shall provide athletics separately on such basis.
16
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) Notwithstanding the requirements of paragraph (a),
2 a public K-20 educational institution may operate or sponsor
3 separate teams for members of each gender if the selection for
4 such teams is based upon competitive skill or the activity
5 involved is a bodily contact sport. However, when a public
6 K-20 educational institution operates or sponsors a team in a
7 particular sport for members of one gender but does not
8 operate or sponsor such a team for members of the other
9 gender, and athletic opportunities for that gender have
10 previously been limited, members of the excluded gender must
11 be allowed to try out for the team offered.
12 (c) This subsection does not prohibit the grouping of
13 students in physical education classes and activities by
14 ability as assessed by objective standards of individual
15 performance developed and applied without regard to gender.
16 However, when use of a single standard of measuring skill or
17 progress in a physical education class has an adverse effect
18 on members of one gender, the educational institution shall
19 use appropriate standards which do not have such effect.
20 (d) A public K-20 educational institution which
21 operates or sponsors interscholastic, intercollegiate, club,
22 or intramural athletics shall provide equal athletic
23 opportunity for members of both genders. In determining
24 whether equal opportunities are available, the Commissioner of
25 Education shall consider, among other factors:
26 1. Whether the selection of sports and levels of
27 competition effectively accommodate the interests and
28 abilities of members of both genders.
29 2. The provision of equipment and supplies.
30 3. Scheduling of games and practice times.
31 4. Travel and per diem allowances.
17
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 5. Opportunities to receive coaching and academic
2 tutoring.
3 6. Assignment and compensation of coaches and tutors.
4 7. Provision of locker room, practice, and competitive
5 facilities.
6 8. Provision of medical and training facilities and
7 services.
8 9. Provision of housing and dining facilities and
9 services.
10 10. Publicity.
11
12 Unequal aggregate expenditures for members of each gender or
13 unequal expenditures for male and female teams if a public
14 K-20 educational institution operates or sponsors separate
15 teams do not constitute nonimplementation of this subsection,
16 but the Commissioner of Education shall consider the failure
17 to provide necessary funds for teams for one gender in
18 assessing equality of opportunity for members of each gender.
19 (e) A public K-20 educational institution may provide
20 separate toilet, locker room, and shower facilities on the
21 basis of gender, but such facilities shall be comparable to
22 such facilities provided for students of the other gender.
23 (4) Educational institutions within the state public
24 K-20 education system shall develop and implement methods and
25 strategies to increase the participation of students of a
26 particular race, ethnicity, national origin, gender,
27 disability, or marital status in programs and courses in which
28 students of that particular race, ethnicity, national origin,
29 gender, disability, or marital status have been traditionally
30 underrepresented, including, but not limited to, mathematics,
31
18
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 science, computer technology, electronics, communications
2 technology, engineering, and career and technical education.
3 (5) The State Board of Education shall adopt rules to
4 implement this section.
5 (6) The functions of the Office of Equal Educational
6 Opportunity of the Department of Education shall include, but
7 are not limited to:
8 (a) Requiring all district school boards, community
9 college boards of trustees, and state university boards of
10 trustees to develop and submit plans for the implementation of
11 this section to the Department of Education.
12 (b) Conducting periodic reviews of public K-20
13 educational agencies to determine compliance with this section
14 and, after a finding that an educational agency is not in
15 compliance with this section, notifying the agency of the
16 steps that it must take to attain compliance and performing
17 followup monitoring.
18 (c) Providing technical assistance, including
19 assisting public K-20 educational agencies in identifying
20 unlawful discrimination and instructing them in remedies for
21 correction and prevention of such discrimination and
22 performing followup monitoring.
23 (d) Conducting studies of the effectiveness of methods
24 and strategies designed to increase the participation of
25 students in programs and courses in which students of a
26 particular race, ethnicity, national origin, gender,
27 disability, or marital status have been traditionally
28 underrepresented and monitoring the success of students in
29 such programs or courses, including performing followup
30 monitoring.
31
19
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (e) Requiring all district school boards, community
2 college boards of trustees, and state university boards of
3 trustees to submit data and information necessary to determine
4 compliance with this section. The Commissioner of Education
5 shall prescribe the format and the date for submission of such
6 data and any other educational equity data. If any board does
7 not submit the required compliance data or other required
8 educational equity data by the prescribed date, the
9 commissioner shall notify the board of this fact and, if the
10 board does not take appropriate action to immediately submit
11 the required report, the State Board of Education shall impose
12 monetary sanctions.
13 (f) Based upon rules of the State Board of Education,
14 developing and implementing enforcement mechanisms with
15 appropriate penalties to ensure that public K-12 schools,
16 community colleges, and state universities comply with Title
17 IX of the Education Amendments of 1972 and subsection (3) of
18 this section. However, the State Board of Education may not
19 force an educational agency to conduct, nor penalize an
20 educational agency for not conducting, a program of athletic
21 activity or athletic scholarship for female athletes unless it
22 is an athletic activity approved for women by a recognized
23 association whose purpose is to promote athletics and a
24 conference or league exists to promote interscholastic or
25 intercollegiate competition for women in that athletic
26 activity.
27 (g) Reporting to the Commissioner of Education any
28 district school board, community college board of trustees, or
29 state university board of trustees found to be out of
30 compliance with rules of the State Board of Education adopted
31
20
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 as required by paragraph (f) or paragraph (3)(d). To penalize
2 the board, the State Board of Education shall:
3 1. Declare the educational agency ineligible for
4 competitive state grants.
5 2. Notwithstanding the provisions of s. 216.192,
6 direct the Comptroller to withhold general revenue funds
7 sufficient to obtain compliance from the educational agency.
8
9 The educational agency shall remain ineligible and the funds
10 shall not be paid until the agency comes into compliance or
11 the State Board of Education approves a plan for compliance.
12 (7) A person aggrieved by a violation of this section
13 or a violation of a rule adopted under this section has a
14 right of action for such equitable relief as the court may
15 determine. The court may also award reasonable attorney's
16 fees and court costs to a prevailing party.
17 Section 8. Section 1000.06, Florida Statutes, is
18 created to read:
19 1000.06 Display of flags.--Every public K-20
20 educational institution that is provided or authorized by the
21 Constitution and laws of Florida shall display daily the flag
22 of the United States and the official flag of Florida when the
23 weather permits upon one building or on a suitable flagstaff
24 upon the grounds of each public postsecondary educational
25 institution and upon every district school board building or
26 grounds except when the institution or school is closed for
27 vacation, provided that, if two or more buildings are located
28 on the same or on adjacent sites, one flag may be displayed
29 for the entire group of buildings.
30
31
21
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 9. Part II of chapter 1000, Florida Statutes,
2 shall be entitled "Systemwide Definitions" and shall consist
3 of s. 1000.21.
4 Section 10. Section 1000.21, Florida Statutes, is
5 created to read:
6 1000.21 Systemwide definitions.--As used in the
7 Florida K-20 Education Code:
8 (1) "Articulation" is the systematic coordination that
9 provides the means by which students proceed toward their
10 educational objectives in as rapid and student-friendly manner
11 as their circumstances permit, from grade level to grade
12 level, from elementary to middle to high school, to and
13 through postsecondary education, and when transferring from
14 one educational institution or program to another.
15 (2) "Commissioner" is the Commissioner of Education.
16 (3) "Community college," except as otherwise
17 specifically provided, includes the following institutions and
18 any branch campuses, centers, or other affiliates of the
19 institution:
20 (a) Brevard Community College.
21 (b) Broward Community College.
22 (c) Central Florida Community College.
23 (d) Chipola Junior College.
24 (e) Daytona Beach Community College.
25 (f) Edison Community College.
26 (g) Florida Community College at Jacksonville.
27 (h) Florida Keys Community College.
28 (i) Gulf Coast Community College.
29 (j) Hillsborough Community College.
30 (k) Indian River Community College.
31 (l) Lake City Community College.
22
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (m) Lake-Sumter Community College.
2 (n) Manatee Community College.
3 (o) Miami-Dade Community College.
4 (p) North Florida Community College.
5 (q) Okaloosa-Walton Community College.
6 (r) Palm Beach Community College.
7 (s) Pasco-Hernando Community College.
8 (t) Pensacola Junior College.
9 (u) Polk Community College.
10 (v) St. Johns River Community College.
11 (w) St. Petersburg College.
12 (x) Santa Fe Community College.
13 (y) Seminole Community College.
14 (z) South Florida Community College.
15 (aa) Tallahassee Community College.
16 (bb) Valencia Community College.
17 (4) "Department" is the Department of Education.
18 (5) "Parent" is either or both parents of a student,
19 any guardian of a student, any person in a parental
20 relationship to a student, or any person exercising
21 supervisory authority over a student in place of the parent.
22 (6) "State university," except as otherwise
23 specifically provided, includes the following institutions and
24 any branch campuses, centers, or other affiliates of the
25 institution:
26 (a) The University of Florida.
27 (b) The Florida State University.
28 (c) The Florida Agricultural and Mechanical
29 University.
30 (d) The University of South Florida.
31 (e) The Florida Atlantic University.
23
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (f) The University of West Florida.
2 (g) The University of Central Florida.
3 (h) The University of North Florida.
4 (i) The Florida International University.
5 (j) The Florida Gulf Coast University.
6 (k) New College of Florida.
7 (7) "Sunshine State Standards" are standards that
8 identify what public school students should know and be able
9 to do. These standards delineate the academic achievement of
10 students for which the state will hold its public schools
11 accountable in grades K-2, 3-5, 6-8, and 9-12, in the subjects
12 of language arts, mathematics, science, social studies, the
13 arts, health and physical education, foreign languages,
14 reading, writing, history, government, geography, economics,
15 and computer literacy.
16 Section 11. Part III of chapter 1000, Florida
17 Statutes, shall be entitled "Educational Compacts" and shall
18 consist of ss. 1000.31-1000.34.
19 Section 12. Section 1000.31, Florida Statutes, is
20 created to read:
21 1000.31 Regional education; state policy.--It is
22 hereby declared to be the policy of the state to promote the
23 development and maintenance of regional education services and
24 facilities in the Southern States in the professional,
25 technological, scientific, literary and other fields so as to
26 provide greater educational advantages for the citizens of the
27 state and the citizens in the several states in said region;
28 and it is found and determined by the Legislature of the state
29 that greater educational advantages and facilities for the
30 citizens of the state in certain phases of the professional,
31 technological, scientific, literary and other fields in
24
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 education can best be accomplished by the development and
2 maintenance of regional educational services and facilities,
3 under the plan embodied in "The Regional Pact" hereinafter
4 adopted; and this law shall be liberally construed to
5 accomplish such purposes.
6 Section 13. Section 1000.32, Florida Statutes, is
7 created to read:
8 1000.32 Regional compact.--The compact entered into by
9 the state and other Southern States by and through their
10 respective governors on February 8, 1948, as amended, relative
11 to the development and maintenance of regional education
12 services and schools in the Southern States in the
13 professional, technological, scientific, literary and other
14 fields so as to promote greater educational facilities for the
15 citizens of the several states who reside in said region, a
16 copy of said compact, as amended, being as follows:
17
18 THE REGIONAL COMPACT
19 (as amended)
20
21 WHEREAS, The States who are parties hereto have during
22 the past several years conducted careful investigation looking
23 toward the establishment and maintenance of jointly owned and
24 operated regional educational institutions in the Southern
25 States in the professional, technological, scientific,
26 literary, and other fields, so as to provide greater
27 educational advantages and facilities for the citizens of the
28 several states who reside within such region; and
29 WHEREAS, Meharry Medical College of Nashville,
30 Tennessee, has proposed that its lands, buildings, equipment,
31 and the net income from its endowment be turned over to the
25
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Southern States, or to an agency acting in their behalf, to be
2 operated as a regional institution for medical, dental and
3 nursing education upon terms and conditions to be hereafter
4 agreed upon between the Southern States and Meharry Medical
5 College, which proposal, because of the present financial
6 condition of the institution, has been approved by the said
7 states who are parties hereto; and
8 WHEREAS, the said states desire to enter into a compact
9 with each other providing for the planning and establishment
10 of regional educational facilities;
11 NOW, THEREFORE, in consideration of the mutual
12 agreements, covenants and obligations assumed by the
13 respective states who are parties hereto (hereinafter referred
14 to as "states"), the said several states do hereby form a
15 geographical district or region consisting of the areas lying
16 within the boundaries of the contracting states which, for the
17 purposes of this compact, shall constitute an area for
18 regional education supported by public funds derived from
19 taxation by the constituent states and derived from other
20 sources for the establishment, acquisition, operation and
21 maintenance of regional educational schools and institutions
22 for the benefit of citizens of the respective states residing
23 within the region so established as may be determined from
24 time to time in accordance with the terms and provisions of
25 this compact.
26 The states do further hereby establish and create a
27 joint agency which shall be known as the Board of Control for
28 Southern Regional Education (hereinafter referred to as the
29 "board"), the members of which board shall consist of the
30 governor of each state, ex officio, and four additional
31 citizens of each state to be appointed by the governor
26
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 thereof, at least one of whom shall be selected from the field
2 of education, and at least one of whom shall be a member of
3 the legislature of that state. The governor shall continue as
4 a member of the board during his or her tenure of office as
5 governor of the state, but the members of the board appointed
6 by the governor shall hold office for a period of four years
7 except that in the original appointments one board member so
8 appointed by the governor shall be designated at the time of
9 his or her appointment to serve an initial term of two years,
10 one board member to serve an initial term of three years, and
11 the remaining board member to serve the full term of four
12 years, but thereafter the successor of each appointed board
13 member shall serve the full term of four years. Vacancies on
14 the board caused by death, resignation, refusal or inability
15 to serve, shall be filled by appointment by the governor for
16 the unexpired portion of the term. The officers of the board
17 shall be a chair, a vice chair, a secretary, a treasurer, and
18 such additional officers as may be created by the board from
19 time to time. The board shall meet annually and officers
20 shall be elected to hold office until the next annual meeting.
21 The board shall have the right to formulate and establish
22 bylaws not inconsistent with the provisions of this compact to
23 govern its own actions in the performance of the duties
24 delegated to it including the right to create and appoint an
25 executive committee and a finance committee with such powers
26 and authority as the board may delegate to them from time to
27 time. The board may, within its discretion, elect as its
28 chair a person who is not a member of the board, provided such
29 person resides within a signatory state, and upon such
30 election such person shall become a member of the board with
31 all the rights and privileges of such membership. This
27
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 paragraph as amended in 1957 shall be effective when eight or
2 more of the states party to the compact have given legislative
3 approval to the amendment.
4 It shall be the duty of the board to submit plans and
5 recommendations to the states from time to time for their
6 approval and adoption by appropriate legislative action for
7 the development, establishment, acquisition, operation and
8 maintenance of educational schools and institutions within the
9 geographical limits of the regional area of the states, of
10 such character and type and for such educational purposes,
11 professional, technological, scientific, literary, or
12 otherwise, as they may deem and determine to be proper,
13 necessary or advisable. Title to all such educational
14 institutions when so established by appropriate legislative
15 actions of the states and to all properties and facilities
16 used in connection therewith shall be vested in said board as
17 the agency of and for the use and benefit of the said states
18 and the citizens thereof, and all such educational
19 institutions shall be operated, maintained and financed in the
20 manner herein set out, subject to any provisions or
21 limitations which may be contained in the legislative acts of
22 the states authorizing the creation, establishment and
23 operation of such educational institutions.
24 In addition to the power and authority heretofore
25 granted, the board shall have the power to enter into such
26 agreements or arrangements with any of the states and with
27 educational institutions or agencies, as may be required in
28 the judgment of the board, to provide adequate services and
29 facilities for the graduate, professional, and technical
30 education for the benefit of the citizens of the respective
31 states residing within the region, and such additional and
28
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 general power and authority as may be vested in the board from
2 time to time by legislative enactment of the said states.
3 Any two or more states who are parties of this compact
4 shall have the right to enter into supplemental agreements
5 providing for the establishment, financing and operation of
6 regional educational institutions for the benefit of citizens
7 residing within an area which constitutes a portion of the
8 general region herein created, such institutions to be
9 financed exclusively by such states and to be controlled
10 exclusively by the members of the board representing such
11 states provided such agreement is submitted to and approved by
12 the board prior to the establishment of such institutions.
13 Each state agrees that, when authorized by the
14 legislature, it will from time to time make available and pay
15 over to said board such funds as may be required for the
16 establishment, acquisition, operation and maintenance of such
17 regional educational institutions as may be authorized by the
18 states under the terms of this compact, the contribution of
19 each state at all times to be in the proportion that its
20 population bears to the total combined population of the
21 states who are parties hereto as shown from time to time by
22 the most recent official published report of the bureau of the
23 census of the United States of America; or upon such other
24 basis as may be agreed upon.
25 This compact shall not take effect or be binding upon
26 any state unless and until it shall be approved by proper
27 legislative action of as many as six or more of the states
28 whose governors have subscribed hereto within a period of
29 eighteen months from the date hereof. When and if six or more
30 states shall have given legislative approval to this compact
31 within said eighteen months period, it shall be and become
29
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 binding upon such six or more states sixty days after the date
2 of legislative approval by the sixth state and the governors
3 of such six or more states shall forthwith name the members of
4 the board from their states as hereinabove set out, and the
5 board shall then meet on call of the governor of any state
6 approving this compact, at which time the board shall elect
7 officers, adopt bylaws, appoint committees and otherwise fully
8 organize. Other states whose names are subscribed hereto
9 shall thereafter become parties hereto upon approval of this
10 compact by legislative action within two years from the date
11 hereof, upon such conditions as may be agreed upon at the
12 time. Provided, however, that with respect to any state whose
13 constitution may require amendment in order to permit
14 legislative approval of the compact, such state or states
15 shall become parties hereto upon approval of this compact by
16 legislative action within seven years from the date hereof,
17 upon such conditions as may be agreed upon at the time.
18 After becoming effective this compact shall thereafter
19 continue without limitation of time; provided, however, that
20 it may be terminated at any time by unanimous action of the
21 states and provided further that any state may withdraw from
22 this compact if such withdrawal is approved by its
23 legislature, such withdrawal to become effective two years
24 after written notice thereof to the board accompanied by a
25 certified copy of the requisite legislative action, but such
26 withdrawal shall not relieve the withdrawing state from its
27 obligations hereunder accruing up to the effective date of
28 such withdrawal. Any state so withdrawing shall ipso facto
29 cease to have any claim to or ownership of any of the property
30 held or vested in the board or to any of the funds of the
31 board held under the terms of this compact.
30
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 If any state shall at any time become in default in the
2 performance of any of its obligations assumed herein or with
3 respect to any obligation imposed upon said state as
4 authorized by and in compliance with the terms and provisions
5 of this compact, all rights, privileges and benefits of such
6 defaulting state, its members on the board and its citizens
7 shall ipso facto be and become suspended from and after the
8 date of such default. Unless such default shall be remedied
9 and made good within a period of one year immediately
10 following the date of such default this compact may be
11 terminated with respect to such defaulting state by an
12 affirmative vote of three-fourths of the members of the board
13 (exclusive of the members representing the state in default),
14 from and after which time such state shall cease to be a party
15 to this compact and shall have no further claim to or
16 ownership of any of the property held by or vested in the
17 board or to any of the funds of the board held under the terms
18 of this compact, but such termination shall in no manner
19 release such defaulting state from any accrued obligation or
20 otherwise affect this compact or the rights, duties,
21 privileges or obligations of the remaining states thereunder.
22 IN WITNESS WHEREOF this compact has been approved and
23 signed by governors of the several states, subject to the
24 approval of their respective legislatures in the manner
25 hereinabove set out, as of the 8th day of February, 1948.
26 STATE OF FLORIDA BY Millard F. Caldwell, Governor.
27 STATE OF MARYLAND BY Wm. Preston Lane, Jr., Governor. STATE
28 OF GEORGIA BY M. E. Thompson, Governor. STATE OF LOUISIANA
29 BY J. H. Davis, Governor. STATE OF ALABAMA BY James E.
30 Folsom, Governor. STATE OF MISSISSIPPI BY F. L. Wright,
31 Governor. STATE OF TENNESSEE BY Jim McCord, Governor. STATE
31
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 OF ARKANSAS BY Ben Laney, Governor. COMMONWEALTH OF VIRGINIA
2 BY Wm. M. Tuck, Governor. STATE OF NORTH CAROLINA BY R. Gregg
3 Cherry, Governor. STATE OF SOUTH CAROLINA BY J. Strom
4 Thurmond, Governor. STATE OF TEXAS BY Beauford H. Jester,
5 Governor. STATE OF OKLAHOMA BY Roy J. Turner, Governor. STATE
6 OF WEST VIRGINIA BY Clarence W. Meadows, Governor.
7
8 be and the same is hereby approved and the State of Florida is
9 hereby declared to be a party to said compact and the
10 agreements, covenants and obligations contained therein are
11 hereby declared to be binding upon the State of Florida.
12 Section 14. Section 1000.33, Florida Statutes, is
13 created to read:
14 1000.33 Copies to other states approving.--After the
15 effective date of this law the Secretary of State of Florida
16 shall furnish to each of the states approving the said compact
17 an engrossed copy of this bill.
18 Section 15. Section 1000.34, Florida Statutes, is
19 created to read:
20 1000.34 Member jurisdictions.--The compact for
21 education is entered into with all jurisdictions legally
22 joining therein and enacted into law in the following form:
23
24 COMPACT FOR EDUCATION
25
26 ARTICLE I
27
28 PURPOSE AND POLICY.--
29 A. It is the purpose of this compact to:
30 1. Establish and maintain close cooperation and
31 understanding among executive, legislative, professional
32
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 educational and lay leadership on a nationwide basis at the
2 state and local levels.
3 2. Provide a forum for the discussion, development,
4 crystallization and recommendation of public policy
5 alternatives in the field of education.
6 3. Provide a clearinghouse of information on matters
7 relating to educational problems and how they are being met in
8 different places throughout the nation, so that the executive
9 and legislative branches of state government and of local
10 communities may have ready access to the experience and record
11 of the entire country, and so that both lay and professional
12 groups in the field of education may have additional avenues
13 for the sharing of experience and the interchange of ideas in
14 the formation of public policy in education.
15 4. Facilitate the improvement of state and local
16 educational systems so that all of them will be able to meet
17 adequate and desirable goals in a society which requires
18 continuous qualitative and quantitative advance in educational
19 opportunities, methods and facilities.
20 B. It is the policy of this compact to encourage and
21 promote local and state initiative in the development,
22 maintenance, improvement and administration of educational
23 systems and institutions in a manner which will accord with
24 the needs and advantages of diversity among localities and
25 states.
26 C. The party states recognize that each of them has an
27 interest in the quality and quantity of education furnished in
28 each of the other states, as well as in the excellence of its
29 own educational systems and institutions, because of the
30 highly mobile character of individuals within the nation, and
31 because the products and services contributing to the health,
33
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 welfare and economic advancement of each state are supplied in
2 significant part by persons educated in other states.
3
4 ARTICLE II
5
6 STATE DEFINED.--
7 As used in this compact, "state" means a state,
8 territory, or possession of the United States, the District of
9 Columbia, or the Commonwealth of Puerto Rico.
10
11 ARTICLE III
12
13 THE COMMISSION.--
14 A. The Education Commission of the States, hereinafter
15 called "the commission," is hereby established. The
16 commission shall consist of seven members representing each
17 party state. One of such members representing Florida shall
18 be the governor; two shall be members of the state senate
19 appointed by the president; two shall be members of the house
20 of representatives appointed by the speaker; and two shall be
21 appointed by and serve at the pleasure of the governor. The
22 guiding principle for the composition of the membership on the
23 commission shall be that the members, by virtue of their
24 training, experience, knowledge or affiliations be in a
25 position collectively to reflect broadly the interests of the
26 state government, higher education, the state education
27 system, local education, lay and professional, public and
28 nonpublic educational leadership. Of those appointees, one
29 shall be the head of a state agency or institution, designated
30 by the governor, having responsibility for one or more
31 programs of public education. In addition to the members of
34
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 the commission representing the party states, there may be not
2 to exceed ten nonvoting commissioners selected by the steering
3 committee for terms of one year. Such commissioners shall
4 represent leading national organizations of professional
5 educators or persons concerned with educational
6 administration.
7 B. The members of the commission shall be entitled to
8 one vote each on the commission. No action of the commission
9 shall be binding unless taken at a meeting at which a majority
10 of the total number of votes on the commission are cast in
11 favor thereof. Action of the commission shall be only at a
12 meeting at which a majority of the commissioners are present.
13 The commission shall meet at least once a year. In its
14 bylaws, and subject to such directions and limitations as may
15 be contained therein, the commission may delegate the exercise
16 of any of its powers to the steering committee or the
17 executive director, except for the power to approve budgets or
18 requests for appropriations, the power to make policy
19 recommendations pursuant to Article IV and adoption of the
20 annual report pursuant to Article III, J.
21 C. The commission shall have a seal.
22 D. The commission shall elect annually, from among its
23 members, a chair, who shall be a governor, a vice chair and a
24 treasurer. The commission shall provide for the appointment
25 of an executive director. Such executive director shall serve
26 at the pleasure of the commission, and, together with the
27 treasurer and such other personnel as the commission may deem
28 appropriate, shall be bonded in such amount as the commission
29 shall determine. The executive director shall be secretary.
30 E. Irrespective of the civil service, personnel or
31 other merit system laws of any of the party states, the
35
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 executive director, subject to the approval of the steering
2 committee, shall appoint, remove or discharge such personnel
3 as may be necessary for the performance of the functions of
4 the commission, and shall fix the duties and compensation of
5 such personnel. The commission in its bylaws shall provide
6 for the personnel policies and programs of the commission.
7 F. The commission may borrow, accept or contract for
8 the services of personnel from any party jurisdiction, the
9 United States, or any subdivision or agency of the
10 aforementioned governments, or from any agency of two or more
11 of the party jurisdictions or their subdivisions.
12 G. The commission may accept for any of its purposes
13 and functions under this compact any and all donations and
14 grants of money, equipment, supplies, materials and services,
15 conditional or otherwise, from any state, the United States,
16 or any other governmental agency, or from any person, firm,
17 association, foundation, or corporation, and may receive,
18 utilize and dispose of the same. Any donation or grant
19 accepted by the commission pursuant to this paragraph or
20 services borrowed pursuant to paragraph F of this Article
21 shall be reported in the annual report of the commission.
22 Such report shall include the nature, amount and conditions,
23 if any, of the donation, grant, or services borrowed, and the
24 identity of the donor or lender.
25 H. The commission may establish and maintain such
26 facilities as may be necessary for the transacting of its
27 business. The commission may acquire, hold, and convey real
28 and personal property and any interest therein.
29 I. The commission shall adopt bylaws for the conduct
30 of its business and shall have the power to amend and rescind
31 these bylaws. The commission shall publish its bylaws in
36
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 convenient form and shall file a copy thereof and a copy of
2 any amendment thereto, with the appropriate agency or officer
3 in each of the party states.
4 J. The commission annually shall make to the governor
5 and legislature of each party state a report covering the
6 activities of the commission for the preceding year. The
7 commission may make such additional reports as it may deem
8 desirable.
9
10 ARTICLE IV
11
12 POWERS.--
13 In addition to authority conferred on the commission by
14 other provisions of the compact, the commission shall have
15 authority to:
16 1. Collect, correlate, analyze and interpret
17 information and data concerning educational needs and
18 resources.
19 2. Encourage and foster research in all aspects of
20 education, but with special reference to the desirable scope
21 of instruction, organization, administration, and
22 instructional methods and standards employed or suitable for
23 employment in public educational systems.
24 3. Develop proposals for adequate financing of
25 education as a whole and at each of its many levels.
26 4. Conduct or participate in research of the types
27 referred to in this article in any instance where the
28 commission finds that such research is necessary for the
29 advancement of the purposes and policies of this compact,
30 utilizing fully the resources of national associations,
31
37
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 regional compact organizations for higher education, and other
2 agencies and institutions, both public and private.
3 5. Formulate suggested policies and plans for the
4 improvement of public education as a whole, or for any segment
5 thereof, and make recommendations with respect thereto
6 available to the appropriate governmental units, agencies and
7 public officials.
8 6. Do such other things as may be necessary or
9 incidental to the administration of any of its authority or
10 functions pursuant to this compact.
11
12 ARTICLE V
13
14 COOPERATION WITH FEDERAL GOVERNMENT.--
15 A. If the laws of the United States specifically so
16 provide, or if administrative provision is made therefor
17 within the federal government, the United States may be
18 represented on the commission by not to exceed ten
19 representatives. Any such representative or representatives
20 of the United States shall be appointed and serve in such
21 manner as may be provided by or pursuant to federal law, and
22 may be drawn from any one or more branches of the federal
23 government, but no such representative shall have a vote on
24 the commission.
25 B. The commission may provide information and make
26 recommendations to any executive or legislative agency or
27 officer of the federal government concerning the common
28 educational policies of the states, and may advise with any
29 such agencies or officers concerning any matter of mutual
30 interest.
31
38
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 ARTICLE VI
2
3 COMMITTEES.--
4 A. To assist in the expeditious conduct of its
5 business when the full commission is not meeting, the
6 commission shall elect a steering committee of thirty-two
7 members which, subject to the provisions of this compact and
8 consistent with the policies of the commission, shall be
9 constituted and function as provided in the bylaws of the
10 commission. One-fourth of the voting membership of the
11 steering committee shall consist of governors, one-fourth
12 shall consist of legislators, and the remainder shall consist
13 of other members of the commission. A federal representative
14 on the commission may serve with the steering committee, but
15 without vote. The voting members of the steering committee
16 shall serve for terms of two years, except that members
17 elected to the first steering committee of the commission
18 shall be elected as follows: sixteen for one year and sixteen
19 for two years. The chair, vice chair, and treasurer of the
20 commission shall be members of the steering committee and,
21 anything in this paragraph to the contrary notwithstanding,
22 shall serve during their continuance in these offices.
23 Vacancies in the steering committee shall not affect its
24 authority to act, but the commission at its next regularly
25 ensuing meeting following the occurrence of any vacancy shall
26 fill it for the unexpired term. No person shall serve more
27 than two terms as a member of the steering committee; provided
28 that service for a partial term of one year or less shall not
29 be counted toward the two term limitations.
30 B. The commission may establish advisory and technical
31 committees composed of state, local, and federal officials,
39
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 and private persons to advise it with respect to any one or
2 more of its functions. Any advisory or technical committee
3 may, on request of the states concerned, be established to
4 consider any matter of special concern to two or more of the
5 party states.
6 C. The commission may establish such additional
7 committees as its bylaws may provide.
8
9 ARTICLE VII
10
11 FINANCE.--
12 A. The commission shall advise the governor or
13 designated officer or officers of each party state of its
14 budget and estimated expenditures for such period as may be
15 required by the laws of that party state. Each of the
16 commission's budgets of estimated expenditures shall contain
17 specific recommendations of the amount or amounts to be
18 appropriated by each of the party states.
19 B. The total amount of appropriation requests under
20 any budget shall be apportioned among the party states. In
21 making such apportionment, the commission shall devise and
22 employ a formula which takes equitable account of the
23 populations and per capita income levels of the party states.
24 C. The commission shall not pledge the credit of any
25 party states. The commission may meet any of its obligations
26 in whole or in part with funds available to it pursuant to
27 Article III, G of this compact, provided that the commission
28 takes specific action setting aside such funds prior to
29 incurring an obligation to be met in whole or in part in such
30 manner. Except where the commission makes use of funds
31 available to it pursuant to Article III, G thereof, the
40
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 commission shall not incur any obligation prior to the
2 allotment of funds by the party states adequate to meet the
3 same.
4 D. The commission shall keep accurate accounts of all
5 receipts and disbursements. The receipts and disbursements of
6 the commission shall be subject to the audit and accounting
7 procedures established by its bylaws. However, all receipts
8 and disbursements of funds handled by the commission shall be
9 audited yearly by a qualified public accountant, and the
10 report of the audit shall be included in and become part of
11 the annual reports of the commission.
12 E. The accounts of the commission shall be open at any
13 reasonable time for inspection by duly constituted officers of
14 the party states and by any persons authorized by the
15 commission.
16 F. Nothing contained herein shall be construed to
17 prevent commission compliance with laws relating to audit or
18 inspection of accounts by or on behalf of any government
19 contributing to the support of the commission.
20
21 ARTICLE VIII
22
23 ELIGIBLE PARTIES; ENTRY INTO AND WITHDRAWAL.--
24 A. This compact shall have as eligible parties all
25 states, territories, and possessions of the United States, the
26 District of Columbia, and the Commonwealth of Puerto Rico. In
27 respect of any such jurisdiction not having a governor, the
28 term "governor," as used in this compact, shall mean the
29 closest equivalent official of such jurisdiction.
30 B. Any state or other eligible jurisdiction may enter
31 into this compact and it shall become binding thereon when it
41
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 has adopted the same; provided that in order to enter into
2 initial effect, adoption by at least ten eligible party
3 jurisdictions shall be required.
4 C. Adoption of the compact may be either by enactment
5 thereof or by adherence thereto by the governor; provided that
6 in the absence of enactment, adherence by the governor shall
7 be sufficient to make his or her state a party only until
8 December 31, 1967. During any period when a state is
9 participating in this compact through gubernatorial action,
10 the governor shall appoint those persons who, in addition to
11 himself or herself, shall serve as the members of the
12 commission from his or her state, and shall provide to the
13 commission an equitable share of the financial support of the
14 commission from any source available to him or her.
15 D. Except for a withdrawal effective on December 31,
16 1967, in accordance with paragraph C of this article, any
17 party state may withdraw from this compact by enacting a
18 statute repealing the same, but no such withdrawal shall take
19 effect until one year after the governor of the withdrawing
20 state has given notice in writing of the withdrawal to the
21 governors of all other party states. No withdrawal shall
22 affect any liability already incurred by or chargeable to a
23 party state prior to the time of such withdrawal.
24
25 ARTICLE IX
26
27 CONSTRUCTION AND SEVERABILITY.--
28 This compact shall be liberally construed so as to
29 effectuate the purposes thereof. The provisions of this
30 compact shall be severable, and if any phrase, clause,
31 sentence or provision of this compact is declared to be
42
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 contrary to the constitution of any state or of the United
2 States, or the application thereof to any government, agency,
3 person or circumstance is held invalid, the validity of the
4 remainder of this compact and the applicability thereof to any
5 government, agency, person or circumstance shall not be
6 affected thereby. If this compact shall be held contrary to
7 the constitution of any state participating therein, the
8 compact shall remain in full force and effect as to the state
9 affected as to all severable matters.
10 Section 16. Chapter 1001, Florida Statutes, shall be
11 entitled "K-20 Governance" and shall consist of ss.
12 1001.01-1001.75.
13 Section 17. Part I of chapter 1001, Florida Statutes,
14 shall be entitled "State-Level Governance" and shall consist
15 of ss. 1001.01-1001.28.
16 Section 18. Part I.a. of chapter 1001, Florida
17 Statutes, shall be entitled "State Board of Education" and
18 shall consist of ss. 1001.01-1001.03.
19 Section 19. Section 1001.01, Florida Statutes, is
20 created to read:
21 1001.01 State Board of Education generally.--
22 (1) The State Board of Education is established as a
23 body corporate. The state board shall be a citizen board
24 consisting of seven members who are residents of the state
25 appointed by the Governor to staggered 4-year terms, subject
26 to confirmation by the Senate. Members of the state board
27 shall serve without compensation but shall be entitled to
28 reimbursement of travel and per diem expenses in accordance
29 with s. 112.061. Members may be reappointed by the Governor
30 for additional terms not to exceed 8 years of consecutive
31 service.
43
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (2) The State Board of Education shall select a chair
2 and a vice chair from its appointed members. The chair shall
3 serve a 2-year term and may be reselected for one additional
4 consecutive term.
5 (3) Four members of the State Board of Education shall
6 constitute a quorum. No business may be transacted at any
7 meeting unless a quorum is present.
8 Section 20. Section 1001.02, Florida Statutes, is
9 created to read:
10 1001.02 General powers of State Board of Education.--
11 (1) The State Board of Education is the chief
12 implementing and coordinating body of public education in
13 Florida, and it shall focus on high-level policy decisions. It
14 has authority to adopt rules pursuant to ss. 120.536(1) and
15 120.54 to implement the provisions of law conferring duties
16 upon it for the improvement of the state system of K-20 public
17 education. Except as otherwise provided herein, it may, as it
18 finds appropriate, delegate its general powers to the
19 Commissioner of Education or the directors of the divisions of
20 the department.
21 (2) The State Board of Education has the following
22 duties:
23 (a) To adopt comprehensive educational objectives for
24 public education.
25 (b) To adopt comprehensive long-range plans and
26 short-range programs for the development of the state system
27 of public education.
28 (c) To exercise general supervision over the divisions
29 of the Department of Education as necessary to ensure
30 coordination of educational plans and programs and resolve
31 controversies and to minimize problems of articulation and
44
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 student transfers, to ensure that students moving from one
2 level of education to the next have acquired competencies
3 necessary for satisfactory performance at that level, and to
4 ensure maximum utilization of facilities.
5 (d) To adopt for state universities and community
6 colleges, and from time to time modify, minimum and uniform
7 standards of college-level communication and computation
8 skills generally associated with successful performance and
9 progression through the baccalaureate level and to identify
10 college-preparatory high school coursework and
11 postsecondary-level coursework that prepares students with the
12 academic skills necessary to succeed in postsecondary
13 education.
14 (e) To adopt and submit to the Governor and
15 Legislature, on or before September 1 of each year, a
16 coordinated K-20 education budget that estimates the
17 expenditure requirements for the State Board of Education,
18 including the Department of Education, the Commissioner of
19 Education, and all of the boards, institutions, agencies, and
20 services under the general supervision of the State Board of
21 Education for the ensuing fiscal year. Any program recommended
22 by the State Board of Education which will require increases
23 in state funding for more than 1 year must be presented in a
24 multiyear budget plan.
25 (f) To hold meetings, transact business, keep records,
26 adopt a seal, and perform such other duties as may be
27 necessary for the enforcement of all laws and rules relating
28 to the state system of public education.
29 (g) To approve plans for cooperating with the Federal
30 Government.
31
45
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (h) To approve plans for cooperating with other public
2 agencies in the development of rules and in the enforcement of
3 laws for which the state board and such agencies are jointly
4 responsible.
5 (i) To review plans for cooperating with appropriate
6 nonpublic agencies for the improvement of conditions relating
7 to the welfare of schools.
8 (j) To create such subordinate advisory bodies as are
9 required by law or as it finds necessary for the improvement
10 of education.
11 (k) To constitute any education bodies or other
12 structures as required by federal law.
13 (l) To assist in the economic development of the state
14 by developing a state-level planning process to identify
15 future training needs for industry, especially high-technology
16 industry.
17 (m) To assist in the planning and economic development
18 of the state by establishing a clearinghouse for information
19 on educational programs of value to economic development.
20 (n) To adopt cohesive rules pursuant to ss. 120.536(1)
21 and 120.54, within statutory authority, for education
22 systemwide issues.
23 (o) To authorize the allocation of resources in
24 accordance with law and rule.
25 (p) To contract with independent institutions
26 accredited by an agency whose standards are comparable to the
27 minimum standards required to operate a postsecondary
28 educational institution at that level in the state. The
29 purpose of the contract is to provide those educational
30 programs and facilities which will meet needs unfulfilled by
31 the state system of public postsecondary education.
46
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (q) To recommend that a district school board take
2 action consistent with the state board's decision relating to
3 an appeal of a charter school application.
4 (r) To enforce systemwide education goals and
5 policies.
6 (s) To establish a detailed procedure for the
7 implementation and operation of a systemwide K-20 technology
8 plan that is based on a common set of data definitions.
9 (t) To establish accountability standards for existing
10 legislative performance goals, standards, and measures, and
11 order the development of mechanisms to implement new
12 legislative goals, standards, and measures.
13 (u) To adopt criteria and implementation plans for
14 future growth issues, such as new colleges and universities
15 and campus mergers, and to provide for cooperative agreements
16 between and within public and private education sectors.
17 (v) To develop, and periodically review for
18 adjustment, a coordinated 5-year plan for postsecondary
19 enrollment and annually submit the plan to the Legislature.
20 (w) To approve a new program at the professional level
21 or doctoral level, if:
22 1. The university has taken into account the need and
23 demand for the program, the university's mission, and similar
24 program offerings by public and nonpublic counterparts.
25 2. The addition of the program will not alter the
26 university's emphasis on undergraduate education.
27 (x) To review, and approve or disapprove, degree
28 programs identified as unique pursuant to s. 1007.25.
29 (y) To recommend to the Legislature a plan for
30 implementing block tuition programs and providing other
31 incentives to encourage students to graduate within 4 years.
47
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (3) The State Board of Education shall adopt rules to
2 establish the criteria for assigning, reviewing, and removing
3 limited-access status to an educational program. The State
4 Board of Education shall monitor the extent of limited-access
5 programs within the state universities and report to the
6 Legislature admissions and enrollment data for limited-access
7 programs. Such report shall be submitted annually by December
8 1 and shall assist in determining the potential need for
9 academic program contracts with independent institutions
10 pursuant to paragraph (2)(p). The report must specify, for
11 each limited-access program within each institution, the
12 following categories, by race and gender:
13 (a) The number of applicants.
14 (b) The number of applicants granted admission.
15 (c) The number of applicants who are granted admission
16 and enroll.
17 (d) The number of applicants denied admission.
18 (e) The number of applicants neither granted admission
19 nor denied admission.
20
21 Each category must be reported for each term. Each category
22 must be reported by type of student, including the following
23 subcategories: native students, community college associate in
24 arts degree transfer students, and other students. Each
25 category and subcategory must further be reported according to
26 the number of students who meet or exceed the minimum
27 eligibility requirements for admission to the program and the
28 number of students who do not meet or exceed the minimum
29 eligibility requirements for admission to the program.
30 (4) The State Board of Education shall review, and
31 approve or disapprove, baccalaureate-degree programs that
48
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 exceed 120 semester hours, after considering accreditation
2 requirements, employment and earnings of graduates,
3 comparative program lengths nationally, and comparisons with
4 similar programs offered by independent institutions. By
5 December 31 of each year, the State Board of Education must
6 report to the Legislature any degrees in the state
7 universities that require more than 120 hours, along with
8 appropriate evidence of need. At least every 5 years, the
9 State Board of Education must determine whether the programs
10 still require more than the standard length of 120 hours.
11 (5)(a) The State Board of Education shall adopt a
12 systemwide strategic plan that specifies goals and objectives
13 for the state universities and community colleges. In
14 developing this plan, the State Board of Education shall
15 consider the role of individual public and independent
16 institutions within the state. The plan shall provide for the
17 roles of the universities and community colleges to be
18 coordinated to best meet state needs and reflect
19 cost-effective use of state resources. The strategic plan must
20 clarify mission statements and identify degree programs to be
21 offered at each university and community college in accordance
22 with the objectives provided in this subsection. The
23 systemwide strategic plan must cover a period of 5 years, with
24 modification of the program lists after 2 years. Development
25 of each 5-year plan must be coordinated with and initiated
26 after completion of the master plan. The systemwide and
27 university and community college strategic plans must
28 specifically include programs and procedures for responding to
29 the educational needs of teachers and students in the public
30 schools of this state. The state board shall submit a report
31
49
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 to the President of the Senate and the Speaker of the House of
2 Representatives upon modification of the system plan.
3 (b) The State Board of Education shall develop
4 long-range plans and annual reports for financial aid in this
5 state. The long-range plans shall establish goals and
6 objectives for a comprehensive program of financial aid for
7 Florida students and shall be updated every 5 years. The
8 annual report shall include an assessment of progress made in
9 achieving goals and objectives established in the long-range
10 plans and recommendations for repealing or modifying existing
11 financial aid programs or establishing new programs. A
12 long-range plan shall be submitted by January 1, 2004, and
13 every 5 years thereafter. An annual report shall be submitted
14 on January 1, 2004, and in each successive year that a
15 long-range plan is not submitted, to the President of the
16 Senate and the Speaker of the House of Representatives.
17 (6) The State Board of Education shall coordinate the
18 programs with the Council for Education Policy Research and
19 Improvement, including doctoral programs. The programs shall
20 be reviewed every 5 years or whenever the state board
21 determines that the effectiveness or efficiency of a program
22 is jeopardized. The State Board of Education shall define the
23 indicators of quality and the criteria for program review for
24 every program. Such indicators include need, student demand,
25 industry-driven competencies for advanced technology and
26 related programs, and resources available to support
27 continuation. The results of the program reviews must be tied
28 to the university and community college budget requests.
29 (7) The State Board of Education shall:
30
31
50
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) Provide for each community college to offer
2 educational training and service programs designed to meet the
3 needs of both students and the communities served.
4 (b) Specify, by rule, procedures to be used by the
5 boards of trustees in the annual evaluations of presidents and
6 review the evaluations of presidents by the boards of
7 trustees.
8 (c) Establish an effective information system that
9 will provide composite data concerning the community colleges
10 and state universities and ensure that special analyses and
11 studies concerning the institutions are conducted, as
12 necessary, for provision of accurate and cost-effective
13 information concerning the institutions.
14 (d) Establish criteria for making recommendations for
15 modifying district boundary lines for community colleges.
16 (e) Establish criteria for making recommendations
17 concerning all proposals for the establishment of additional
18 centers or campuses for community colleges and state
19 universities.
20 (f) Examine the annual administrative review of each
21 community college and state university.
22 (g) Specify, by rule, the degree program courses that
23 may be taken by students concurrently enrolled in
24 college-preparatory instruction.
25 (h) Adopt and submit to the Legislature a 3-year list
26 of priorities for fixed-capital-outlay projects.
27 (8) The State Board of Education is responsible for
28 reviewing and administering the state program of support for
29 the community colleges and, subject to existing law, shall
30 establish the tuition and out-of-state fees for
31 college-preparatory instruction and for credit instruction
51
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 that may be counted toward an associate in arts degree, an
2 associate in applied science degree, or an associate in
3 science degree.
4 (9) The State Board of Education shall prescribe
5 minimum standards, definitions, and guidelines for community
6 colleges and state universities that will ensure the quality
7 of education, coordination among the community colleges and
8 state universities, and efficient progress toward
9 accomplishing the community college and state university
10 mission. At a minimum, these rules must address:
11 (a) Personnel.
12 (b) Contracting.
13 (c) Program offerings and classification, including
14 college-level communication and computation skills associated
15 with successful performance in college and with tests and
16 other assessment procedures that measure student achievement
17 of those skills. The performance measures must provide that
18 students moving from one level of education to the next
19 acquire the necessary competencies for that level.
20 (d) Provisions for curriculum development, graduation
21 requirements, college calendars, and program service areas.
22 These provisions must include rules that:
23 1. Provide for the award of an associate in arts
24 degree to a student who successfully completes 60 semester
25 credit hours at the community college.
26 2. Require all of the credits accepted for the
27 associate in arts degree to be in the statewide course
28 numbering system as credits towards a baccalaureate degree
29 offered by a state university.
30 3. Require no more than 36 semester credit hours in
31 general education courses in the subject areas of
52
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 communication, mathematics, social sciences, humanities, and
2 natural sciences.
3
4 The rules should encourage community colleges to enter into
5 agreements with state universities that allow community
6 college students to complete upper-division-level courses at a
7 community college. An agreement may provide for concurrent
8 enrollment at the community college and the state university
9 and may authorize the community college to offer an
10 upper-division-level course or distance learning.
11 (e) Student admissions, conduct and discipline,
12 nonclassroom activities, and fees.
13 (f) Budgeting.
14 (g) Business and financial matters.
15 (h) Student services.
16 (i) Reports, surveys, and information systems,
17 including forms and dates of submission.
18 Section 21. Section 1001.03, Florida Statutes, is
19 created to read:
20 1001.03 Specific powers of State Board of Education.--
21 (1) PUBLIC K-12 STUDENT PERFORMANCE STANDARDS.--The
22 State Board of Education shall approve the student performance
23 standards known as the Sunshine State Standards in key
24 academic subject areas and grade levels.
25 (2) DIRECT-SUPPORT ORGANIZATION OF THE DEPARTMENT OF
26 EDUCATION.--The State Board of Education shall govern issues
27 relating to use of property, facilities, and personal services
28 between the Department of Education and its direct-support
29 organization and shall certify that the organization operates
30 at all times in a manner consistent with the goals and best
31 interest of the department, pursuant to s. 1001.24.
53
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (3) PROFESSIONAL CERTIFICATES.--The State Board of
2 Education shall classify school services, designate the
3 certification subject areas, establish competencies, including
4 the use of technology to enhance student learning, and
5 certification requirements for all school-based personnel, and
6 prescribe rules in accordance with which the professional,
7 temporary, and part-time certificates shall be issued by the
8 Department of Education to applicants who meet the standards
9 prescribed by such rules for their class of service, as
10 described in chapter 1012.
11 (4) PROFESSIONAL TEACHER ASSOCIATIONS.--The State
12 Board of Education shall ensure that not-for-profit,
13 professional teacher associations that offer membership to all
14 teachers, noninstructional personnel, and administrators, and
15 that offer teacher training and staff development at no fee to
16 the district, shall be given equal access to voluntary teacher
17 meetings, be provided access to teacher mailboxes for
18 distribution of professional literature, and be authorized to
19 collect voluntary membership fees through payroll deduction.
20 (5) IDENTIFICATION OF CRITICAL TEACHER SHORTAGE
21 AREAS.--The State Board of Education shall identify critical
22 teacher shortage areas pursuant to s. 1012.07.
23 (6) CAPITAL OUTLAY BOND AND MOTOR VEHICLE TAX
24 ANTICIPATION CERTIFICATE RESOLUTIONS.--The State Board of
25 Education shall issue bonds and approve resolutions regarding
26 the expenditure of funds for capital projects and purposes
27 pursuant to the State Constitution and other applicable law.
28 (7) ARTICULATION ACCOUNTABILITY.--The State Board of
29 Education shall develop articulation accountability measures
30 that assess the status of systemwide articulation processes,
31
54
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 and shall establish an articulation accountability process in
2 accordance with the provisions of chapter 1008.
3 (8) SYSTEMWIDE ENFORCEMENT.--The State Board of
4 Education shall enforce compliance with law and state board
5 rule by all school districts and public postsecondary
6 educational institutions, in accordance with the provisions of
7 s. 1008.32.
8 (9) MANAGEMENT INFORMATION DATABASES.--The State Board
9 of Education shall continue to collect and maintain, at a
10 minimum, the management information databases for state
11 universities, and all other components of the public K-20
12 education system as such databases existed on June 30, 2002.
13 (10) COMMON PLACEMENT TESTING FOR PUBLIC POSTSECONDARY
14 EDUCATION.--The State Board of Education shall develop and
15 implement a common placement test to assess the basic
16 computation and communication skills of students who intend to
17 enter a degree program at any community college or state
18 university.
19 (11) MINIMUM STANDARDS FOR NONPUBLIC POSTSECONDARY
20 EDUCATION.--The State Board of Education shall adopt minimum
21 standards relating to nonpublic postsecondary education and
22 institutions, in accordance with the provisions of chapter
23 1005.
24 (12) COMMON POSTSECONDARY DEFINITIONS.--The State
25 Board of Education shall adopt, by rule, common definitions
26 for associate in science degrees and for certificates.
27 (13) CYCLIC REVIEW OF POSTSECONDARY ACADEMIC
28 PROGRAMS.--The State Board of Education shall provide for the
29 cyclic review of all academic programs in community colleges
30 and state universities at least every 7 years. Program reviews
31 shall document how individual academic programs are achieving
55
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 stated student learning and program objectives within the
2 context of the institution's mission. The results of the
3 program reviews shall inform strategic planning, program
4 development, and budgeting decisions at the institutional
5 level.
6 (14) UNIFORM CLASSIFICATION SYSTEM FOR SCHOOL DISTRICT
7 ADMINISTRATIVE AND MANAGEMENT PERSONNEL.--The State Board of
8 Education shall recommend to the Legislature by February 1,
9 2003, a uniform classification system for school district
10 administrative and management personnel that will facilitate
11 the uniform coding of administrative and management personnel
12 to total district employees.
13 Section 22. Part I.b. of chapter 1001, Florida
14 Statutes, shall be entitled "Commissioner of Education" and
15 shall consist of ss. 1001.10-1001.11.
16 Section 23. Section 1001.10, Florida Statutes, is
17 created to read:
18 1001.10 Commissioner of Education; general powers and
19 duties.--The Commissioner of Education is the chief
20 educational officer of the state, and is responsible for
21 giving full assistance to the State Board of Education in
22 enforcing compliance with the mission and goals of the
23 seamless K-20 education system. To facilitate innovative
24 practices and to allow local selection of educational methods,
25 the State Board of Education may authorize the commissioner to
26 waive, upon the request of a district school board, State
27 Board of Education rules that relate to district school
28 instruction and school operations, except those rules
29 pertaining to civil rights, and student health, safety, and
30 welfare. The Commissioner of Education is not authorized to
31 grant waivers for any provisions in rule pertaining to the
56
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 allocation and appropriation of state and local funds for
2 public education; the election, compensation, and organization
3 of school board members and superintendents; graduation and
4 state accountability standards; financial reporting
5 requirements; reporting of out-of-field teaching assignments
6 under s. 1012.42; public meetings; public records; or due
7 process hearings governed by chapter 120. No later than
8 January 1 of each year, the commissioner shall report to the
9 Legislature and the State Board of Education all approved
10 waiver requests in the preceding year. Additionally, the
11 commissioner has the following general powers and duties:
12 (1) To appoint staff necessary to carry out his or her
13 powers and duties.
14 (2) To advise and counsel with the State Board of
15 Education on all matters pertaining to education; to recommend
16 to the State Board of Education actions and policies as, in
17 the commissioner's opinion, should be acted upon or adopted;
18 and to execute or provide for the execution of all acts and
19 policies as are approved.
20 (3) To keep such records as are necessary to set forth
21 clearly all acts and proceedings of the State Board of
22 Education.
23 (4) To have a seal for his or her office with which,
24 in connection with his or her own signature, the commissioner
25 shall authenticate true copies of decisions, acts, or
26 documents.
27 (5) To recommend to the State Board of Education
28 policies and steps designed to protect and preserve the
29 principal of the State School Fund; to provide an assured and
30 stable income from the fund; to execute such policies and
31
57
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 actions as are approved; and to administer the State School
2 Fund.
3 (6) To take action on the release of mineral rights
4 based upon the recommendations of the Board of Trustees of the
5 Internal Improvement Trust Fund.
6 (7) To submit to the State Board of Education, on or
7 before August 1 of each year, recommendations for a
8 coordinated K-20 education budget that estimates the
9 expenditures for the State Board of Education, including the
10 Department of Education, the Commissioner of Education, and
11 all of the boards, institutions, agencies, and services under
12 the general supervision of the State Board of Education for
13 the ensuing fiscal year. Any program recommended to the State
14 Board of Education that will require increases in state
15 funding for more than 1 year must be presented in a multiyear
16 budget plan.
17 (8) To develop and implement a plan for cooperating
18 with the Federal Government in carrying out any or all phases
19 of the educational program and to recommend policies for
20 administering funds that are appropriated by Congress and
21 apportioned to the state for any or all educational purposes.
22 (9) To develop and implement policies for cooperating
23 with other public agencies in carrying out those phases of the
24 program in which such cooperation is required by law or is
25 deemed by the commissioner to be desirable and to cooperate
26 with public and nonpublic agencies in planning and bringing
27 about improvements in the educational program.
28 (10) To prepare forms and procedures as are necessary
29 to be used by district school boards and all other educational
30 agencies to assure uniformity, accuracy, and efficiency in the
31 keeping of records, the execution of contracts, the
58
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 preparation of budgets, or the submission of reports; and to
2 furnish at state expense, when deemed advisable by the
3 commissioner, those forms that can more economically and
4 efficiently be provided.
5 (11) To implement a program of school improvement and
6 education accountability designed to provide all students the
7 opportunity to make adequate learning gains in each year of
8 school as provided by statute and State Board of Education
9 rule based upon the achievement of the state education goals,
10 recognizing the following:
11 (a) The State Board of Education is the body corporate
12 responsible for the supervision of the system of public
13 education.
14 (b) The district school board is responsible for
15 school and student performance.
16 (c) The individual school is the unit for education
17 accountability.
18 (d) The community college board of trustees is
19 responsible for community college performance and student
20 performance.
21 (e) The university board of trustees is responsible
22 for university performance and student performance.
23 (12) To establish a Citizen Information Center
24 responsible for the preparation, publication, and distribution
25 of materials relating to the state system of seamless K-20
26 public education.
27 (13) To prepare and publish annually reports giving
28 statistics and other useful information pertaining to the
29 Opportunity Scholarship Program.
30
31
59
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (14) To have printed or electronic copies of school
2 laws, forms, instruments, instructions, and rules of the State
3 Board of Education and provide for their distribution.
4 (15) To develop criteria for use by state
5 instructional materials committees in evaluating materials
6 submitted for adoption consideration. The criteria shall, as
7 appropriate, be based on instructional expectations reflected
8 in curriculum frameworks and student performance standards.
9 The criteria for each subject or course shall be made
10 available to publishers of instructional materials pursuant to
11 the requirements of chapter 1006.
12 (16) To prescribe procedures for evaluating
13 instructional materials submitted by publishers and
14 manufacturers in each adoption.
15
16 The commissioner's office shall operate all statewide
17 functions necessary to support the State Board of Education
18 and the K-20 education system, including strategic planning
19 and budget development, general administration, and assessment
20 and accountability.
21 Section 24. Section 1001.11, Florida Statutes, is
22 created to read:
23 1001.11 Commissioner of Education; other duties.--
24 (1) The Commissioner of Education must independently
25 perform the following duties:
26 (a) Cooperate with and coordinate responses to
27 requests from the members of the Legislature.
28 (b) Serve as the primary source of information to the
29 Legislature, including the President of the Senate and the
30 Speaker of the House of Representatives, concerning the State
31 Board of Education and the K-20 education system.
60
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (c) Develop and implement a process for receiving and
2 processing requests, in conjunction with the Legislature, for
3 the allocation of PECO funds for qualified postsecondary
4 education projects.
5 (d) Integrally work with the boards of trustees of the
6 state universities and community colleges.
7 (e) Monitor the activities of the State Board of
8 Education and provide information related to current and
9 pending policies to the members of the boards of trustees of
10 the community colleges and state universities.
11 (f) Ensure the timely provision of information
12 requested by the Legislature from the State Board of
13 Education, the commissioner's office, and the Department of
14 Education.
15 (2)(a) The Commissioner of Education shall recommend
16 to the State Board of Education performance goals addressing
17 the educational needs of the state for the K-20 education
18 system. The Council for Education Policy Research and
19 Improvement, as an independent entity, shall develop a report
20 card assigning grades to indicate Florida's progress toward
21 meeting those goals. The annual report card shall contain
22 information showing Florida's performance relative to other
23 states on selected measures, as well as Florida's ability to
24 meet the need for postsecondary degrees and programs and how
25 well the Legislature has provided resources to meet this need.
26 The information shall include the results of the National
27 Assessment of Educational Progress or a similar national
28 assessment program administered to students in Florida. By
29 January 1 of each year, the Council for Education Policy
30 Research and Improvement shall submit the report card to the
31 Legislature, the Governor, and the public.
61
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) Prior to the regular legislative session, the
2 Commissioner of Education shall present to the Legislature a
3 plan for correcting any deficiencies identified in the report
4 card.
5 (3) Notwithstanding any other provision of law to the
6 contrary, the Commissioner of Education, in conjunction with
7 the Legislature, must recommend funding priorities for the
8 distribution of capital outlay funds for public postsecondary
9 educational institutions, based on priorities that include,
10 but are not limited to, the following criteria:
11 (a) Growth at the institutions.
12 (b) Need for specific skills statewide.
13 (c) Need for maintaining and repairing existing
14 facilities.
15 (4) The commissioner shall develop and implement an
16 integrated K-20 information system for educational management
17 in accordance with the requirements of chapter 1008.
18 (5) The commissioner shall design and implement a
19 statewide program of educational assessment that provides
20 information for the improvement of the operation and
21 management of the public schools, including schools operating
22 for the purpose of providing educational services to youth in
23 Department of Juvenile Justice programs, in accordance with
24 the requirements of chapter 1008.
25 (6) The commissioner is responsible for implementing
26 and maintaining a system of intensive school improvement and
27 stringent education accountability, in accordance with the
28 requirements of chapter 1008.
29 Section 25. Part I.c. of chapter 1001, Florida
30 Statutes, shall be entitled "Department of Education" and
31 shall consist of ss. 1001.20-1001.28.
62
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 26. Section 1001.20, Florida Statutes, is
2 created to read:
3 1001.20 Department under direction of state board.--
4 (1) The Department of Education shall be organized
5 consistently with the requirements of s. 20.15, and shall act
6 as an administrative and supervisory agency under the
7 implementation direction of the State Board of Education.
8 (2) The department is to be located in the offices of
9 the Commissioner of Education and shall assist in providing
10 professional leadership and guidance and in carrying out the
11 policies, procedures, and duties authorized by law or by the
12 State Board of Education or found necessary by it to attain
13 the purposes and objectives of this code.
14 (3) The Department of Education shall maintain an
15 Office of the Commissioner of Education that includes the
16 general areas of operation that are common to all delivery
17 sectors, such as administration, communication, legal
18 services, financial aid, and government and public relations,
19 in order to increase efficiency, improve service delivery to
20 students, and fully support the operational needs of the State
21 Board of Education.
22 (4) The Department of Education shall establish the
23 following offices within the Office of the Commissioner of
24 Education which shall coordinate their activities with all
25 other divisions and offices:
26 (a) Office of Technology and Information
27 Services.--Responsible for developing a systemwide technology
28 plan, making budget recommendations to the commissioner,
29 providing data collection and management for the system, and
30 coordinating services with other state, local, and private
31 agencies. The office shall develop a method to address the
63
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 need for a statewide approach to planning and operations of
2 library and information services to achieve a single K-20
3 education system library information portal and a unified
4 higher education library management system. The Florida
5 Virtual School shall be administratively housed within the
6 office.
7 (b) Office of Workforce and Economic
8 Development.--Responsible for evaluating the role of each
9 sector of education in Florida's workforce and economic
10 development, assessing the specific work skills and variety of
11 careers provided, and reporting to the State Board of
12 Education the effectiveness of each sector.
13 (c) Office of Educational Facilities and SMART Schools
14 Clearinghouse.--Responsible for validating all educational
15 plant surveys and verifying Florida Inventory of School Houses
16 (FISH) data. The office shall provide technical assistance to
17 public school districts when requested.
18 (d) Office of Student Financial
19 Assistance.--Responsible for providing access to and
20 administering state and federal grants, scholarships, and
21 loans to those students seeking financial assistance for
22 postsecondary study pursuant to program criteria and
23 eligibility requirements.
24 (e) Office of Inspector General.--Organized using
25 existing resources and funds and responsible for promoting
26 accountability, efficiency, and effectiveness and detecting
27 fraud and abuse within school districts, community colleges,
28 and state universities in Florida. If the Commissioner of
29 Education determines that a district school board or public
30 postsecondary educational institution board is unwilling or
31 unable to address substantiated allegations made by any person
64
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 relating to waste, fraud, or financial mismanagement, the
2 office shall conduct, coordinate, or request investigations
3 into substantiated allegations made by any person relating to
4 waste, fraud, or financial mismanagement within school
5 districts, community colleges, and state universities in
6 Florida. The office shall have access to all information and
7 personnel necessary to perform its duties and shall have all
8 of its current powers, duties, and responsibilities authorized
9 in s. 20.055.
10 Section 27. Section 1001.21, Florida Statutes, is
11 created to read:
12 1001.21 Office of Private Schools and Home Education
13 Programs.--The state recognizes the contributions of private
14 schools and home education programs in providing alternatives
15 to public school education. These nongovernmental educational
16 systems serve the public, but are not considered to be a part
17 of the public system of education.
18 (1) The Office of Private Schools and Home Education
19 Programs is established within the Department of Education.
20 The Department of Education and the Commissioner of Education
21 have no authority over the institutions or students served by
22 the office. The office shall:
23 (a) Serve the interests of students and the parents of
24 students in private schools and home education programs.
25 (b) Serve the interests of private institutions.
26 (c) Provide general information to the public about
27 private and home education delivery systems.
28 (2) The Commissioner of Education shall appoint an
29 executive director for the office who shall:
30
31
65
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) Serve as a source of communication between private
2 schools, home education programs, the Commissioner of
3 Education, and the State Board of Education.
4 (b) Evaluate pending policy to ensure that the policy
5 does not subject private schools and home education programs
6 to additional regulation or mandates.
7 (c) Establish a clearinghouse of information for the
8 public.
9 (d) Foster a collaborative spirit and working
10 relationship among private schools, home education programs,
11 and the public sector.
12 (e) Identify and convey the best practices of private
13 schools and home education programs for the benefit of the
14 public and private education delivery sectors.
15 (f) Represent issues and concerns relating to home
16 education programs and private schools on all applicable ad
17 hoc advisory bodies.
18 Section 28. Section 1001.22, Florida Statutes, is
19 created to read:
20 1001.22 Commission for Independent Education.--The
21 Commission for Independent Education shall authorize granting
22 of certificates, diplomas, and degrees for independent
23 postsecondary educational institutions pursuant to chapter
24 1005.
25 Section 29. Section 1001.23, Florida Statutes, is
26 created to read:
27 1001.23 Specific powers and duties of the Department
28 of Education.--In addition to all other duties assigned to it
29 by law or by rule of the State Board of Education, the
30 department shall:
31
66
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (1) Adopt the school readiness uniform screening
2 developed by the Florida Partnership for School Readiness, in
3 accordance with the criteria itemized in chapter 1008.
4 (2) Implement a training program to develop among
5 state and district educators a cadre of facilitators of school
6 improvement in accordance with the provisions of chapter 1008.
7 (3) Identify the needs of the state system of public
8 education as they relate to the development and production of
9 materials used in instruction, in accordance with the
10 requirements of chapter 1006.
11 (4) After complying with the provisions of s. 257.37,
12 the Department of Education may:
13 (a) Photograph, microphotograph, or reproduce on film
14 or prints, documents, records, data, and information of a
15 permanent character and destroy any of the documents after
16 they have been photographed and after audit of the department
17 has been completed for the period embracing the dates of the
18 instruments. Photographs or microphotographs in the form of
19 film or prints made in compliance with the provisions of this
20 subsection shall have the same force and effect as the
21 originals would have, and shall be treated as originals for
22 the purpose of their admissibility in evidence. Duly certified
23 or authenticated reproductions of such photographs or
24 microphotographs shall be admitted in evidence equally with
25 the original photographs or microphotographs.
26 (b) Destroy general correspondence that is over 3
27 years old; records of bills, accounts, vouchers, and
28 requisitions that are over 5 years old and copies of which
29 have been filed with the Comptroller; and other records,
30 papers, and documents over 3 years old that do not serve as
31
67
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 part of an agreement or understanding and do not have value as
2 permanent records.
3 Section 30. Section 1001.24, Florida Statutes, is
4 created to read:
5 1001.24 Direct-support organization; use of property;
6 board of directors; audit.--
7 (1) DEFINITIONS.--For the purposes of this section,
8 the term:
9 (a) "Department of Education direct-support
10 organization" means an organization:
11 1. That is a corporation not for profit that is
12 incorporated under the provisions of chapter 617 and approved
13 by the Department of State.
14 2. That is organized and operated exclusively to
15 receive, hold, invest, and administer property and to make
16 expenditures to or for the benefit of public prekindergarten
17 through 12th grade education in this state.
18 3. That the State Board of Education, after review,
19 has certified to be operating in a manner consistent with the
20 goals and best interest of the Department of Education.
21 (b) "Personal services" includes full-time or
22 part-time personnel, as well as payroll processing.
23 (2) USE OF PROPERTY.--The State Board of Education:
24 (a) May permit the use of property, facilities, and
25 personal services of the department by the direct-support
26 organization, subject to the provisions of this section.
27 (b) Shall prescribe by rule conditions with which the
28 direct-support organization must comply in order to use
29 property, facilities, or personal services of the department.
30 Such rules shall provide for budget and audit review and for
31 oversight by the department.
68
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (c) Shall not permit the use of property, facilities,
2 or personal services of the direct-support organization if
3 such organization does not provide equal employment
4 opportunities to all persons, regardless of race, color,
5 national origin, gender, age, or religion.
6 (3) BOARD OF DIRECTORS.--The board of directors of the
7 department direct-support organization shall be appointed by
8 the commissioner and shall include representation from
9 business, industry, and other components of Florida's economy.
10 (4) ANNUAL AUDIT.--Each direct-support organization
11 shall provide for an annual financial audit in accordance with
12 s. 215.981. The identity of donors who desire to remain
13 anonymous shall be protected, and that anonymity shall be
14 maintained in the auditor's report. All records of the
15 organization other than the auditor's report, management
16 letter, and any supplemental data requested by the Auditor
17 General and the Office of Program Policy Analysis and
18 Government Accountability shall be confidential and exempt
19 from the provisions of s. 119.07(1).
20 Section 31. Section 1001.25, Florida Statutes, is
21 created to read:
22 1001.25 Educational television.--
23 (1) ESTABLISHMENT AND UTILIZATION OF NETWORK.--The
24 department may establish a television network connecting such
25 communities or such stations as it designates. For this
26 purpose, it may lease facilities in the name of the state from
27 communications' common carriers and use such transmission
28 channels as are necessary; however, if the department decides,
29 upon investigation, that it could more economically construct
30 and maintain such transmission channels, it may design,
31 construct, operate, and maintain them, including a television
69
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 microwave network. The network shall be utilized primarily for
2 the instruction of students at existing and future public and
3 private educational institutions and of the general public, as
4 practical. The origination and transmission of all programs
5 over such networks shall be as directed under policies
6 approved by the State Board of Education. The department may
7 cooperate with and assist all local and state educational
8 agencies in making surveys pertaining to the use and economics
9 of educational television in the fields of primary,
10 elementary, secondary, or college level education and in the
11 field of adult education, and may assist all public agencies
12 in the planning of programs calculated to further the
13 education of the state's citizens.
14 (2) POWERS OF DEPARTMENT.--
15 (a) The department may encourage:
16 1. The extension of educational television network
17 facilities.
18 2. The coordination of Florida's educational
19 television with that of other states and with the Federal
20 Government.
21 3. The further development of educational television
22 within the state.
23 (b) The department shall provide through educational
24 television and other electronic media a means of extending
25 educational services to all the state system of public
26 education, except the state universities, which provision by
27 the department is limited by paragraph (c) and by s.
28 1006.26(1). The department shall recommend to the State Board
29 of Education rules necessary to provide such services.
30 (c) The department may provide equipment, funds, and
31 other services to extend and update both the existing and the
70
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 proposed educational television and radio systems of
2 tax-supported and nonprofit, corporate-owned facilities. All
3 stations funded must be qualified by the Corporation for
4 Public Broadcasting. New stations eligible for funding shall
5 provide a first service to an audience that is not currently
6 receiving a broadcast signal or provide a significant new
7 program service as defined by State Board of Education rules.
8 Funds appropriated to the department for educational
9 television and funds appropriated to the department for
10 educational radio may be used by the department for either
11 educational television or educational radio, or both.
12 (3) PROHIBITED USE, PENALTY.--
13 (a) None of the facilities, plant, or personnel of any
14 educational television system that is supported in whole or in
15 part by state funds shall be used directly or indirectly for
16 the promotion, advertisement, or advancement of any political
17 candidate for any municipal, county, legislative,
18 congressional, or state office. However, fair, open, and free
19 discussion between political candidates for municipal, county,
20 legislative, congressional, or state office may be permitted
21 in order to help materially reduce the excessive cost of
22 campaigns and to ensure that the state's citizens are fully
23 informed about issues and candidates in campaigns. The
24 provisions of this paragraph apply to the advocacy for, or
25 opposition to, any specific program, existing or proposed, of
26 governmental action which includes, but is not limited to,
27 constitutional amendments, tax referenda, and bond issues. The
28 provisions of this paragraph shall be in accordance with rules
29 of the State Board of Education.
30
31
71
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) Violation of any prohibition contained in this
2 section is a misdemeanor of the second degree, punishable as
3 provided in s. 775.082 or s. 775.083.
4 (4) DUTY OF DEPARTMENT.--The department is responsible
5 for identifying the needs of the state system of public
6 education as they relate to the development and production of
7 materials used in instruction. When such identified needs are
8 considered to be best satisfied by the production of new
9 materials, the department may commission or contract for the
10 production of such materials.
11 Section 32. Section 1001.26, Florida Statutes, is
12 created to read:
13 1001.26 Public broadcasting program system.--
14 (1) There is created a public broadcasting program
15 system for the state. The department shall administer this
16 program system pursuant to rules adopted by the State Board of
17 Education. This program system must complement and share
18 resources with the instructional programming service of the
19 Department of Education and educational UHF, VHF, ITFS, and FM
20 stations in the state. The program system must include:
21 (a) Support for existing Corporation for Public
22 Broadcasting qualified program system educational radio and
23 television stations and new stations meeting Corporation for
24 Public Broadcasting qualifications and providing a first
25 service to an audience that does not currently receive a
26 broadcast signal or providing a significant new program
27 service as defined by rule by the State Board of Education.
28 (b) Maintenance of quality broadcast capability for
29 educational stations that are part of the program system.
30 (c) Interconnection of all educational stations that
31 are part of the program system for simultaneous broadcast and
72
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 of such stations with all universities and other institutions
2 as necessary for sharing of resources and delivery of
3 programming.
4 (d) Establishment and maintenance of a capability for
5 statewide program distribution with facilities and staff,
6 provided such facilities and staff complement and strengthen
7 existing or future educational television and radio stations
8 in accordance with paragraph (a) and s. 1001.25(2)(c).
9 (e) Provision of both statewide programming funds and
10 station programming support for educational television and
11 educational radio to meet statewide priorities. Priorities for
12 station programming need not be the same as priorities for
13 programming to be used statewide. Station programming may
14 include, but shall not be limited to, citizens' participation
15 programs, music and fine arts programs, coverage of public
16 hearings and governmental meetings, equal air time for
17 political candidates, and other public interest programming.
18 (2)(a) The Department of Education is responsible for
19 implementing the provisions of this section pursuant to part
20 III of chapter 287 and may employ personnel, acquire equipment
21 and facilities, and perform all duties necessary for carrying
22 out the purposes and objectives of this section.
23 (b) The department shall provide through educational
24 television and other electronic media a means of extending
25 educational services to all the state system of public
26 education. The department shall recommend to the State Board
27 of Education rules necessary to provide such services.
28 (c) The department is authorized to provide equipment,
29 funds, and other services to extend and update both the
30 existing and the proposed educational television and radio
31 systems of tax-supported and nonprofit, corporate-owned
73
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 facilities. All stations funded must be qualified by the
2 Corporation for Public Broadcasting. New stations eligible
3 for funding shall provide a first service to an audience that
4 is not currently receiving a broadcast signal or provide a
5 significant new program service as defined by State Board of
6 Education rules. Funds appropriated to the department for
7 educational television and funds appropriated to the
8 department for educational radio may be used by the department
9 for either educational television or educational radio, or for
10 both.
11 (3) The State Board of Education shall adopt rules for
12 the proper enforcement and carrying out of these provisions.
13 Section 33. Section 1001.27, Florida Statutes, is
14 created to read:
15 1001.27 State satellite network.--
16 (1) There is created a state satellite network, which
17 shall provide one-way video and audio transmissions with
18 regional access for all Floridians, state agencies, county and
19 municipal governments, business and industry, and other public
20 and private entities to participate in classroom instruction,
21 continuing education, special events programs, and one-way
22 video teleconferencing.
23 (2) The network shall consist of compatible satellite
24 receiving equipment at public educational institutions in each
25 of the 28 community college regions.
26 (3) The department, in consultation with the
27 Department of Management Services, shall implement the
28 provisions of this section and coordinate the network.
29 Specifically, the department shall:
30 (a) Provide for technical analysis of suitable
31 existing satellite receiving equipment at Florida public
74
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 postsecondary educational institutions for inclusion in the
2 network.
3 (b) Acquire by competitive sealed bid and place
4 appropriate receiving equipment in those community college
5 regions of the state in which such equipment is presently not
6 available at a public postsecondary educational institution.
7 (c) Develop an implementation plan that provides for
8 designation of a site in each community college region for
9 inclusion in the initial network. Criteria for selection
10 shall include:
11 1. Accessibility to a substantial portion of the
12 population of the region.
13 2. Demonstrated institutional commitment to support
14 and encourage use of the network both within the region and
15 statewide.
16 3. Willingness to complement state support with
17 matching institutional resources.
18 4. Evidence of cooperation and coordinated planning
19 with other postsecondary educational institutions in the
20 region.
21 5. Availability of existing telecommunications
22 equipment which is compatible or adaptable for use in the
23 network.
24 (d) Identify additional sites for inclusion in the
25 network in the event that demand exceeds the capacity of the
26 initial network.
27 (e) Coordinate scheduling and encourage use of the
28 network.
29 (f) Develop operating procedures for the system and
30 recommend fee schedules for both public and private entities
31 wishing to transmit or receive programming through the
75
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 network. Scheduling procedures shall assign the highest
2 priority to educational programming.
3 (g) Provide training for institutional, state agency,
4 and other personnel in effective techniques for the use of the
5 network.
6 (h) Provide initial startup support for operations,
7 maintenance, and publicity costs of the network. Continuation
8 costs in these areas shall be recovered through user fees and
9 local resources.
10 (4) All audio components of this system that are not
11 transmitted simultaneously with video to a domestic satellite
12 shall be transmitted through common carriers regulated
13 pursuant to chapter 364.
14 (5) The State Board of Education may adopt any rules
15 necessary for the implementation of this section.
16 (6) This section shall be implemented only to the
17 extent specifically authorized and funded by law.
18 Section 34. Section 1001.28, Florida Statutes, is
19 created to read:
20 1001.28 Distance learning duties.--The duties of the
21 Department of Education concerning distance learning include,
22 but are not limited to, the duty to:
23 (1) Facilitate the implementation of a statewide
24 coordinated system and resource system for cost-efficient
25 advanced telecommunications services and distance education
26 which will increase overall student access to education.
27 (2) Coordinate the use of existing resources,
28 including, but not limited to, the state's satellite
29 transponders on the education satellites, the SUNCOM Network,
30 the Florida Information Resource Network (FIRN), the
31 Department of Management Services, the Department of
76
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Corrections, and the Department of Children and Family
2 Services' satellite communication facilities to support a
3 statewide advanced telecommunications services and distance
4 learning network.
5 (3) Assist in the coordination of the utilization of
6 the production and uplink capabilities available through
7 Florida's public television stations, eligible facilities,
8 independent colleges and universities, private firms, and
9 others as needed.
10 (4) Seek the assistance and cooperation of Florida's
11 cable television providers in the implementation of the
12 statewide advanced telecommunications services and distance
13 learning network.
14 (5) Seek the assistance and cooperation of Florida's
15 telecommunications carriers to provide affordable student
16 access to advanced telecommunications services and to distance
17 learning.
18 (6) Coordinate partnerships for development,
19 acquisition, use, and distribution of distance learning.
20 (7) Secure and administer funding for programs and
21 activities for distance learning from federal, state, local,
22 and private sources and from fees derived from services and
23 materials.
24 (8) Manage the state's satellite transponder resources
25 and enter into lease agreements to maximize the use of
26 available transponder time. All net revenue realized through
27 the leasing of available transponder time, after deducting the
28 costs of performing the management function, shall be recycled
29 to support the public education distance learning in this
30 state based upon an allocation formula of one-third to the
31
77
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Department of Education, one-third to community colleges, and
2 one-third to state universities.
3 (9) Hire appropriate staff which may include a
4 position that shall be exempt from part II of chapter 110 and
5 is included in the Senior Management Service in accordance
6 with s. 110.205.
7
8 Nothing in this section shall be construed to abrogate,
9 supersede, alter, or amend the powers and duties of any state
10 agency, district school board, community college board of
11 trustees, university board of trustees, or the State Board of
12 Education.
13 Section 35. Part II of chapter 1001, Florida Statutes,
14 shall be entitled "School District Governance" and shall
15 consist of ss. 1001.30-1001.55.
16 Section 36. Section 1001.30, Florida Statutes, is
17 created to read:
18 1001.30 District unit.--Each county shall constitute a
19 school district and shall be known as the school district of
20 .... County, Florida. Each district shall constitute a unit
21 for the control, organization, and administration of schools.
22 The responsibility for the actual operation and administration
23 of all schools needed within the districts in conformity with
24 rules and minimum standards prescribed by the state, and also
25 the responsibility for the provision of any desirable and
26 practicable opportunities authorized by law beyond those
27 required by the state, are delegated by law to the school
28 officials of the respective districts.
29 Section 37. Section 1001.31, Florida Statutes, is
30 created to read:
31
78
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 1001.31 Scope of district system.--A district school
2 system shall include all public schools, classes, and courses
3 of instruction and all services and activities directly
4 related to education in that district which are under the
5 direction of the district school officials. A district school
6 system may also include alternative site schools for
7 disruptive or violent youth. Such schools for disruptive or
8 violent youth may be funded by each district or provided
9 through cooperative programs administered by a consortium of
10 school districts, private providers, state and local law
11 enforcement agencies, and the Department of Juvenile Justice.
12 Pursuant to cooperative agreement, a district school system
13 shall provide instructional personnel at juvenile justice
14 facilities of 50 or more beds or slots with access to the
15 district school system database for the purpose of accessing
16 student academic, immunization, and registration records for
17 students assigned to the programs. Such access shall be in the
18 same manner as provided to other schools in the district.
19 Section 38. Section 1001.32, Florida Statutes, is
20 created to read:
21 1001.32 Management, control, operation,
22 administration, and supervision.--The district school system
23 must be managed, controlled, operated, administered, and
24 supervised as follows:
25 (1) DISTRICT SYSTEM.--The district school system shall
26 be considered as a part of the state system of public
27 education. All actions of district school officials shall be
28 consistent and in harmony with state laws and with rules and
29 minimum standards of the state board and the commissioner.
30 District school officials, however, shall have the authority
31 to provide additional educational opportunities, as desired,
79
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 which are authorized, but not required, by law or by the
2 district school board.
3 (2) DISTRICT SCHOOL BOARD.--In accordance with the
4 provisions of s. 4(b) of Art. IX of the State Constitution,
5 district school boards shall operate, control, and supervise
6 all free public schools in their respective districts and may
7 exercise any power except as expressly prohibited by the State
8 Constitution or general law.
9 (3) DISTRICT SCHOOL SUPERINTENDENT.--Responsibility
10 for the administration and management of the schools and for
11 the supervision of instruction in the district shall be vested
12 in the district school superintendent as the secretary and
13 executive officer of the district school board, as provided by
14 law.
15 (4) SCHOOL PRINCIPAL OR HEAD OF
16 SCHOOL.--Responsibility for the administration of any school
17 or schools at a given school center, for the supervision of
18 instruction therein, and for providing leadership in the
19 development or revision and implementation of a school
20 improvement plan required pursuant to s. 1001.42(16) shall be
21 delegated to the school principal or head of the school or
22 schools in accordance with rules established by the district
23 school board.
24 Section 39. Section 1001.33, Florida Statutes, is
25 created to read:
26 1001.33 Schools under control of district school board
27 and district school superintendent.--Except as otherwise
28 provided by law, all public schools conducted within the
29 district shall be under the direction and control of the
30 district school board with the district school superintendent
31 as executive officer.
80
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 40. Part II.a. of chapter 1001, Florida
2 Statutes, shall be entitled "District School Boards" and shall
3 consist of ss. 1001.34-1001.453.
4 Section 41. Section 1001.34, Florida Statutes, is
5 created to read:
6 1001.34 Membership of district school board.--Each
7 district school board shall be composed of not less than five
8 members. Each member of the district school board shall be a
9 qualified elector of the district in which she or he serves,
10 shall be a resident of the district school board member
11 residence area from which she or he is elected, and shall
12 maintain said residency throughout her or his term of office.
13 Section 42. Section 1001.35, Florida Statutes, is
14 created to read:
15 1001.35 Term of office.--District school board members
16 shall be elected at the general election in November for terms
17 of 4 years.
18 Section 43. Section 1001.36, Florida Statutes, is
19 created to read:
20 1001.36 District school board member residence
21 areas.--
22 (1) For the purpose of electing district school board
23 members, each district shall be divided into at least five
24 district school board member residence areas, which shall be
25 numbered one to five, inclusive, and which shall, as nearly as
26 practicable, be equal in population.
27 (a) For those school districts, which have seven
28 district school board members, the district may be divided
29 into five district school board member residence areas, with
30 two district school board members elected at large, or the
31 district may be divided into seven district school board
81
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 member residence areas. In the latter case, the residence
2 areas shall be numbered one to seven inclusive and shall be
3 equal in population as nearly as practicable.
4 (b) For those school districts which have seven
5 district school board members, the number of district school
6 board member residence areas shall be determined by resolution
7 passed by a majority vote of the district school board.
8 (2) Any district school board may make any change that
9 it deems necessary in the boundaries of any district school
10 board member residence area at any meeting of the district
11 school board, provided that such changes shall be made only in
12 odd-numbered years and that no change that would affect the
13 residence qualifications of any incumbent member shall
14 disqualify such incumbent member during the term for which he
15 or she is elected.
16 (3) Such changes in boundaries shall be shown by
17 resolutions spread upon the minutes of the district school
18 board, shall be recorded in the office of the clerk of the
19 circuit court, and shall be published at least once in a
20 newspaper published in the district within 30 days after the
21 adoption of the resolution, or, if there be no newspaper
22 published in the district, shall be posted at the county
23 courthouse door for 4 weeks thereafter. A certified copy of
24 this resolution shall be transmitted to the Department of
25 State.
26 Section 44. Section 1001.361, Florida Statutes, is
27 created to read:
28 1001.361 Election of board by districtwide
29 vote.--Notwithstanding any provision of local law or any
30 county charter, the election of members of the district school
31 board shall be by vote of the qualified electors of the entire
82
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 district in a nonpartisan election as provided in chapter 105.
2 Each candidate for district school board member shall, at the
3 time she or he qualifies, be a resident of the district school
4 board member residence area from which the candidate seeks
5 election. Each candidate who qualifies to have her or his name
6 placed on the ballot shall be listed according to the district
7 school board member residence area in which she or he resides.
8 Each qualified elector of the district shall be entitled to
9 vote for one candidate from each district school board member
10 residence area. The candidate from each district school board
11 member residence area who receives the highest number of votes
12 in the general election shall be elected to the district
13 school board.
14 Section 45. Section 1001.362, Florida Statutes, is
15 created to read:
16 1001.362 Alternate procedure for the election of
17 district school board members to provide for single-member
18 representation.--
19 (1) This section shall be known and may be referred to
20 as "The School District Local Option Single-Member
21 Representation Law of 1984."
22 (2) District school board members shall be elected to
23 office in accordance with the provisions of ss. 1001.36 and
24 1001.361, or as otherwise provided by law, unless a
25 proposition calling for single-member representation within
26 the residence areas of the district is submitted to and
27 approved by a majority of the qualified electors voting on
28 such proposition in the manner provided in subsection (3).
29 (a) If the district school board is composed of five
30 members, such proposition shall provide that the five members
31 shall reside one in each of five residence areas, the areas
83
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 together covering the entire district and as nearly equal in
2 population as practicable, pursuant to s. 1001.36, each of
3 whom shall be elected only by the qualified electors who
4 reside in the same residence area as the member.
5 (b) If the district school board is composed of seven
6 members, at the option of the school board, such proposition
7 shall provide that:
8 1. Five of the seven members shall reside one in each
9 of five residence areas, the areas together covering the
10 entire district and as nearly equal in population as
11 practicable, pursuant to s. 1001.36, each of whom shall be
12 elected only by the qualified electors who reside in the same
13 residence area as the member, and two of the seven members
14 shall be elected at large; or
15 2. All seven members shall reside one in each of seven
16 residence areas, the areas together covering the entire
17 district and as nearly equal in population as practicable,
18 pursuant to s. 1001.36, each of whom shall be elected only by
19 the qualified electors who reside in the same residence area
20 as the member.
21 (c) All members shall be elected for 4-year terms, but
22 such terms shall be staggered so that, alternately, one more
23 or one less than half of the members elected from residence
24 areas and, if applicable, one of the members elected at large
25 from the entire district are elected every 2 years. Any
26 member may be elected to an initial term of less than 4 years
27 if necessary to achieve or maintain such system of staggered
28 terms.
29 (3) A proposition calling for single-member
30 representation within the residence areas of the district
31 shall be submitted to the electors of the district at any
84
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 primary, general, or otherwise-called special election, in
2 either manner following:
3 (a) The district school board may adopt a formal
4 resolution directing an election to be held to place the
5 proposition on the ballot.
6 (b) The electors of the school district may petition
7 to have the proposition placed on the ballot by presenting to
8 the school board petitions signed by not less than 10 percent
9 of the duly qualified electors residing within the school
10 district. The number of signatures required shall be
11 determined by the supervisor of elections according to the
12 number of registered electors in the district as of the date
13 the petitioning electors register as a political committee as
14 provided in subsection (4).
15 (4) The electors petitioning to have the proposition
16 placed on the ballot shall register as a political committee
17 pursuant to s. 106.03, and a specific person shall be
18 designated therein as chair of the committee to act for the
19 committee.
20 (5)(a) Each petition form circulated for single-member
21 representation within the residence areas of a district where
22 the school board is composed of five members shall include the
23 wording: "As a registered elector of the school district of
24 .... County, Florida, I am petitioning for a referendum
25 election to determine whether the five school board members of
26 said district shall be elected from single-member residence
27 areas by electors residing in each of those areas only."
28 (b) Each petition form circulated for single-member
29 representation within the residence areas of a district where
30 the district school board is composed of seven members, none
31 of whom are to be elected at large, shall include the wording:
85
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 "As a registered elector of the school district of ....
2 County, Florida, I am petitioning for a referendum election to
3 determine whether the seven members of said district shall be
4 elected from single-member residence areas by electors
5 residing in each of those areas only."
6 (c) Each petition form circulated for single-member
7 representation within the residence areas of a district where
8 the school board is composed of seven members, two of whom are
9 to be elected at large, shall include the wording: "As a
10 registered elector of the school district of .... County,
11 Florida, I am petitioning for a referendum election to
12 determine whether five of the seven district school board
13 members of said district shall be elected from single-member
14 residence areas by electors residing in each of those areas
15 only, with the two remaining members being elected at large."
16
17 The petition shall also include space for the signature and
18 address of the elector. Each signature obtained shall be
19 dated when made and is valid for a period of 4 years following
20 that date.
21 (6) Upon the filing of the petitions with the district
22 school board by the chair of the committee, the district
23 school board shall submit the petitions to the supervisor of
24 elections for verification of the signatures. Within a period
25 of not more than 30 days, the supervisor of elections shall
26 determine whether the petitions contain the required number of
27 valid signatures. The supervisor of elections shall be paid
28 by the committee seeking verification the sum of 10 cents for
29 each name checked.
30 (7) If it is determined that the petitions have the
31 required signatures, the supervisor of elections shall certify
86
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 the petitions to the district school board, which shall adopt
2 a resolution requesting that an election date be set to
3 conform to the earliest primary, general, or otherwise-called
4 special election that occurs not less than 30 days after
5 certification of the petitions. If it is determined that the
6 petitions do not contain the required signatures, the
7 supervisor of elections shall so notify the district school
8 board, which shall file the petitions without taking further
9 action, and the matter shall be at an end. No additional names
10 may be added to the petitions, and the petitions may not be
11 used in any other proceeding.
12 (8) No special election may be called for the sole
13 purpose of presenting the proposition to the vote of the
14 electors.
15 (9) Any district adopting any of the propositions set
16 forth in this section may thereafter return to the procedures
17 otherwise provided by law by following the same procedure
18 outlined in subsection (3).
19 (10) No district school board member elected prior to
20 or at the election that approves any revision as permitted
21 herein shall be affected in his or her term of office. The
22 resolution adopted by the district school board under
23 paragraph (3)(a) or subsection (7) which presents the proposed
24 revision to the electorate for approval shall specify an
25 orderly method and procedure for implementing the revision
26 contemplated in the resolution.
27 Section 46. Section 1001.363, Florida Statutes, is
28 created to read:
29 1001.363 District school board members to represent
30 entire district.--Each district school board of each district
31 shall represent the entire district. Each member of the
87
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 district school board shall serve as the representative of the
2 entire district, rather than as the representative of a
3 district school board member residence area.
4 Section 47. Section 1001.37, Florida Statutes, is
5 created to read:
6 1001.37 District school board members shall
7 qualify.--Before entering upon the duties of office after
8 being elected, or, if appointed, within 10 days after
9 receiving notice of appointment, each member of the district
10 school board shall take the prescribed oath of office.
11 Section 48. Section 1001.371, Florida Statutes, is
12 created to read:
13 1001.371 Organization of district school board.--On
14 the third Tuesday after the first Monday in November of each
15 year, the district school board shall organize by electing a
16 chair. It may elect a vice chair, and the district school
17 superintendent shall act ex officio as the secretary. If a
18 vacancy should occur in the position of chair, the district
19 school board shall proceed to elect a chair at the next
20 ensuing regular or special meeting. At the organization
21 meeting, the district school superintendent shall act as chair
22 until the organization is completed. The chair and secretary
23 shall then make and sign a copy of the proceedings of
24 organization, including the schedule for regular meetings and
25 the names and addresses of all district school officers, and
26 annex their affidavits that the same is a true and correct
27 copy of the original, and the secretary shall file the
28 document within 2 weeks with the Department of Education.
29 Section 49. Section 1001.372, Florida Statutes, is
30 created to read:
31 1001.372 District school board meetings.--
88
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (1) REGULAR AND SPECIAL MEETINGS.--The district school
2 board shall hold not less than one regular meeting each month
3 for the transaction of business according to a schedule
4 arranged by the district school board and shall convene in
5 special sessions when called by the district school
6 superintendent or by the district school superintendent on
7 request of the chair of the district school board, or on
8 request of a majority of the members of the district school
9 board; provided that actions taken at special meetings shall
10 have the same force and effect as if taken at a regular
11 meeting; and provided further that in the event the district
12 school superintendent should fail to call a special meeting
13 when requested to do so, as prescribed herein, such a meeting
14 may be called by the chair of the district school board or by
15 a majority of the members of the district school board by
16 giving 2 days' written notice of the time and purpose of the
17 meeting to all members and to the district school
18 superintendent, in which event the minutes of the meeting
19 shall set forth the facts regarding the procedure in calling
20 the meeting and the reason therefor and shall be signed either
21 by the chair or by a majority of the members of the district
22 school board.
23 (2) PLACE OF MEETINGS.--
24 (a) Except as provided in paragraph (b), all regular
25 and special meetings of the district school board shall be
26 held in the office of the district school superintendent or in
27 a room convenient to that office and regularly designated as
28 the district school board meeting room.
29 (b) Upon the giving of due public notice, regular or
30 special meetings of the district school board may be held at
31 any appropriate public place in the county.
89
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (c) For purpose of this section, due public notice
2 shall consist of publication in a newspaper of general
3 circulation in the county or in each county where there is no
4 newspaper of general circulation in the county an announcement
5 over at least one radio station whose signal is generally
6 received in the county, a reasonable number of times daily
7 during the 48 hours immediately preceding the date of such
8 meeting, or by posting a notice at the courthouse door if no
9 newspaper is published in the county, at least 2 days prior to
10 the meeting.
11 (3) REMOVAL OF PERSONS INTERFERING WITH MEETINGS.--The
12 presiding officer of any district school board may order the
13 removal, from a public meeting held by the district school
14 board, of any person interfering with the expeditious or
15 orderly process of such meeting, provided such officer has
16 first issued a warning that continued interference with the
17 orderly processes of the meeting will result in removal. Any
18 law enforcement authority or a sergeant-at-arms designated by
19 the officer shall remove any person ordered removed pursuant
20 to this section.
21 (4) MAJORITY A QUORUM.--A majority shall constitute a
22 quorum for any meeting of the district school board. No
23 business may be transacted at any meeting unless a quorum is
24 present, except that a minority of the district school board
25 may adjourn the meeting from time to time until a quorum is
26 present.
27 Section 50. Section 1001.38, Florida Statutes, is
28 created to read:
29 1001.38 Vacancies; how filled.--The office of any
30 district school board member shall be vacant when the member
31 removes his or her residence from the district school board
90
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 member residence area from which he or she was elected. All
2 vacancies on the district school board shall be filled by
3 appointment by the Governor.
4 Section 51. Section 1001.39, Florida Statutes, is
5 created to read:
6 1001.39 District school board members; travel
7 expenses.--
8 (1) In addition to the salary provided in s. 1001.395,
9 each member of a district school board shall be allowed, from
10 the district school fund, reimbursement of travel expenses as
11 authorized in s. 112.061, except as provided in subsection
12 (2). Any travel outside the district shall also be governed
13 by the rules of the State Board of Education.
14 (2) Each district school board may reimburse a
15 district school board member for travel expenses for travel
16 from the member's residence incurred in the performance of a
17 public purpose authorized by law to be performed by the
18 district school board, including, but not limited to,
19 attendance at regular and special board meetings. Mileage
20 allowance in the amount provided by law for reimbursement of
21 travel expenses, when authorized, shall be computed from the
22 member's place of residence to the place of the meeting or
23 function and return.
24 Section 52. Effective upon this act becoming a law,
25 section 1001.395, Florida Statutes, is created to read:
26 1001.395 District school board members;
27 compensation.--
28 (1) Each district school board shall annually
29 determine the salary of its members at the first regular
30 meeting following the organizational meeting held pursuant to
31 s. 1001.371. The proposed salary to be adopted shall be
91
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 noticed at the time of the meeting notice and shall not be
2 increased during the meeting. The salary adopted by the
3 district school board shall be in effect during the succeeding
4 12 months.
5 (2) This section shall apply to any district school
6 board member elected or reelected at the November 2002 general
7 election or any subsequent general election and to any person
8 appointed to fill a vacancy in the office of any such member.
9 Section 53. Section 1001.40, Florida Statutes, is
10 created to read:
11 1001.40 District school board to constitute a
12 corporation.--The governing body of each school district shall
13 be a district school board. Each district school board is
14 constituted a body corporate by the name of "The School Board
15 of .... County, Florida." In all suits against district
16 school boards, service of process shall be had on the chair of
17 the district school board or, if he or she cannot be found, on
18 the district school superintendent as executive officer of the
19 district school board or, in the absence of the chair and the
20 district school superintendent, on another member of the
21 district school board.
22 Section 54. Section 1001.41, Florida Statutes, is
23 created to read:
24 1001.41 General powers of district school board.--The
25 district school board, after considering recommendations
26 submitted by the district school superintendent, shall
27 exercise the following general powers:
28 (1) Determine policies and programs consistent with
29 state law and rule deemed necessary by it for the efficient
30 operation and general improvement of the district school
31 system.
92
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (2) Adopt rules pursuant to ss. 120.536(1) and 120.54
2 to implement the provisions of law conferring duties upon it
3 to supplement those prescribed by the State Board of Education
4 and the Commissioner of Education.
5 (3) Prescribe and adopt standards as are considered
6 desirable by it for improving the district school system.
7 (4) Contract, sue, and be sued. The district school
8 board shall constitute the contracting agent for the district
9 school system.
10 (5) Perform duties and exercise those responsibilities
11 that are assigned to it by law or by rules of the State Board
12 of Education or the Commissioner of Education and, in addition
13 thereto, those that it may find to be necessary for the
14 improvement of the district school system in carrying out the
15 purposes and objectives of the education code.
16 (6) Assign students to schools.
17 (7) Enter into agreements for accepting credit card,
18 charge card, and debit card payments as compensation for
19 goods, services, tuition, and fees, as authorized by law.
20 Section 55. Section 1001.42, Florida Statutes, is
21 created to read:
22 1001.42 Powers and duties of district school
23 board.--The district school board, acting as a board, shall
24 exercise all powers and perform all duties listed below:
25 (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require
26 the district school superintendent, as secretary, to keep such
27 minutes and records as are necessary to set forth clearly all
28 actions and proceedings of the school board.
29 (a) Minutes, recording.--The minutes of each meeting
30 shall be reviewed, corrected if necessary, and approved at the
31 next regular meeting, provided that this action may be taken
93
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 at an intervening special meeting if the district school board
2 desires. The minutes shall be kept as a public record in a
3 permanent location.
4 (b) Minutes, contents.--The minutes shall show the
5 vote of each member present on all matters on which the
6 district school board takes action. It shall be the duty of
7 each member to see to it that both the matter and his or her
8 vote thereon are properly recorded in the minutes. Unless
9 otherwise shown by the minutes, it shall be presumed that the
10 vote of each member present supported any action taken by the
11 district school board in either the exercise of, violation of,
12 or neglect of the powers and duties imposed upon the district
13 school board by law or rule, whether such action is recorded
14 in the minutes or is otherwise established. It shall also be
15 presumed that the policies, appointments, programs, and
16 expenditures not recorded in the minutes but made and actually
17 in effect in the district school system were made and put into
18 effect at the direction of the district school board, unless
19 it can be shown that they were done without the actual or
20 constructive knowledge of the members of the district school
21 board.
22 (2) CONTROL PROPERTY.--Subject to rules of the State
23 Board of Education, control property and convey the title to
24 real and personal property.
25 (3) ADOPT SCHOOL PROGRAM.--Adopt a school program for
26 the entire school district.
27 (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
28 SCHOOLS.--Adopt and provide for the execution of plans for the
29 establishment, organization, and operation of the schools of
30 the district, including, but not limited to, the following:
31
94
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) Schools and enrollment plans.--Establish schools
2 and adopt enrollment plans that may include school attendance
3 areas and open enrollment provisions.
4 (b) Elimination of school centers and consolidation of
5 schools.--Provide for the elimination of school centers and
6 the consolidation of schools.
7 (c) Adequate educational facilities for all children
8 without tuition.--Provide adequate educational facilities for
9 all children without payment of tuition.
10 (d) Cooperate with school boards of adjoining
11 districts in maintaining schools.--Approve plans for
12 cooperating with school boards of adjoining districts in this
13 state or in adjoining states for establishing school
14 attendance areas composed of territory lying within the
15 districts and for the joint maintenance of district-line
16 schools or other schools which are to serve those attendance
17 areas. The conditions of such cooperation shall be as
18 follows:
19 1. Establishment.--The establishment of a school to
20 serve attendance areas lying in more than one district and the
21 plans for maintaining the school and providing educational
22 services to students shall be effected by annual resolutions
23 spread upon the minutes of each district school board
24 concerned, which resolutions shall set out the territorial
25 limits of the areas from which children are to attend the
26 school and the plan to be followed in maintaining and
27 operating the school.
28 2. Control.--Control of the school or schools involved
29 shall be vested in the district school board of the district
30 in which the school or schools are located unless otherwise
31 agreed by the district school boards.
95
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 3. Settlement of disagreements.--In the event an
2 agreement cannot be reached relating to such attendance areas
3 or to the school or schools therein, the matter may be
4 referred jointly by the cooperating district school boards or
5 by either district school board to the Department of Education
6 for decision under rules of the State Board of Education, and
7 its decision shall be binding on both school boards.
8 (e) Classification and standardization of
9 schools.--Provide for the classification and standardization
10 of schools.
11 (f) Opening and closing of schools; fixing uniform
12 date.--Adopt policies for the opening and closing of schools
13 and fix uniform dates.
14 (g) Observance of school holidays and vacation
15 periods.--Designate the observance of school holidays and
16 vacation periods.
17 (h) Career and technical classes and schools.--Provide
18 for the establishment and maintenance of career and technical
19 schools, departments, or classes, giving instruction in career
20 and technical education as defined by rules of the State Board
21 of Education, and use any moneys raised by public taxation in
22 the same manner as moneys for other school purposes are used
23 for the maintenance and support of public schools or classes.
24 (i) District school boards may establish public
25 evening schools.--Have the authority to establish public
26 evening schools.
27 (j) Cooperate with other agencies in joint
28 projects.--Cooperate with other agencies in joint projects.
29 (k) Planning time for teachers.--May adopt rules for
30 planning time for teachers in accordance with the provisions
31 of chapter 1012.
96
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (l) Exceptional students.--Provide for an appropriate
2 program of special instruction, facilities, and services for
3 exceptional students as prescribed by the State Board of
4 Education as acceptable in accordance with the provisions of
5 s. 1003.57.
6 (m) Alternative education programs for students in
7 residential care facilities.--Provide, in accordance with the
8 provisions of chapter 1006, educational programs according to
9 rules of the State Board of Education to students who reside
10 in residential care facilities operated by the Department of
11 Children and Family Services.
12 (n) Educational services in detention facilities.--In
13 accordance with the provisions of chapter 1006, offer services
14 to students in detention facilities.
15 (5) PERSONNEL.--Designate positions to be filled,
16 prescribe qualifications for those positions, and provide for
17 the appointment, compensation, promotion, suspension, and
18 dismissal of employees, subject to the requirements of chapter
19 1012. Notwithstanding s. 1012.55 or any other provision of law
20 or rule to the contrary, the district school board may,
21 consistent with adopted district school board policy relating
22 to alternative certification for school principals, appoint
23 persons to the position of school principal who do not hold
24 educator certification.
25 (6) CHILD WELFARE.--In accordance with the provisions
26 of chapters 1003 and 1006, provide for the proper accounting
27 for all children of school age, for the attendance and control
28 of students at school, and for proper attention to health,
29 safety, and other matters relating to the welfare of children.
30
31
97
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (7) COURSES OF STUDY AND OTHER INSTRUCTIONAL
2 MATERIALS.--Provide adequate instructional materials for all
3 students in accordance with the requirements of chapter 1006.
4 (8) TRANSPORTATION OF STUDENTS.--After considering
5 recommendations of the district school superintendent, make
6 provision for the transportation of students to the public
7 schools or school activities they are required or expected to
8 attend; authorize transportation routes arranged efficiently
9 and economically; provide the necessary transportation
10 facilities, and, when authorized under rules of the State
11 Board of Education and if more economical to do so, provide
12 limited subsistence in lieu thereof; and adopt the necessary
13 rules and regulations to ensure safety, economy, and
14 efficiency in the operation of all buses, as prescribed in
15 chapter 1006.
16 (9) SCHOOL PLANT.--Approve plans for locating,
17 planning, constructing, sanitating, insuring, maintaining,
18 protecting, and condemning school property as prescribed in
19 chapter 1013 and as follows:
20 (a) School building program.--Approve and adopt a
21 districtwide school building program.
22 (b) Sites, buildings, and equipment.--
23 1. Select and purchase school sites, playgrounds, and
24 recreational areas located at centers at which schools are to
25 be constructed, of adequate size to meet the needs of
26 projected students to be accommodated.
27 2. Approve the proposed purchase of any site,
28 playground, or recreational area for which district funds are
29 to be used.
30 3. Expand existing sites.
31 4. Rent buildings when necessary.
98
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 5. Enter into leases or lease-purchase arrangements,
2 in accordance with the requirements and conditions provided in
3 s. 1013.15(2), with private individuals or corporations for
4 the rental of necessary grounds and educational facilities for
5 school purposes or of educational facilities to be erected for
6 school purposes. Current or other funds authorized by law may
7 be used to make payments under a lease-purchase agreement.
8 Notwithstanding any other statutes, if the rental is to be
9 paid from funds received from ad valorem taxation and the
10 agreement is for a period greater than 12 months, an approving
11 referendum must be held. The provisions of such contracts,
12 including building plans, shall be subject to approval by the
13 Department of Education, and no such contract shall be entered
14 into without such approval. As used in this section,
15 "educational facilities" means the buildings and equipment
16 that are built, installed, or established to serve educational
17 purposes and that may lawfully be used. The State Board of
18 Education may adopt such rules as are necessary to implement
19 these provisions.
20 6. Provide for the proper supervision of construction.
21 7. Make or contract for additions, alterations, and
22 repairs on buildings and other school properties.
23 8. Ensure that all plans and specifications for
24 buildings provide adequately for the safety and well-being of
25 students, as well as for economy of construction.
26 (c) Maintenance and upkeep of school plant.--Provide
27 adequately for the proper maintenance and upkeep of school
28 plants, so that students may attend school without sanitary or
29 physical hazards, and provide for the necessary heat, lights,
30 water, power, and other supplies and utilities necessary for
31 the operation of the schools.
99
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (d) Insurance of school property.--Carry insurance on
2 every school building in all school plants including contents,
3 boilers, and machinery, except buildings of three classrooms
4 or less that are of frame construction and located in a tenth
5 class public protection zone as defined by the Florida
6 Inspection and Rating Bureau, and on all school buses and
7 other property under the control of the district school board
8 or title to which is vested in the district school board,
9 except as exceptions may be authorized under rules of the
10 State Board of Education.
11 (e) Condemnation of buildings.--Condemn and prohibit
12 the use for public school purposes of any building that can be
13 shown for sanitary or other reasons to be no longer suitable
14 for such use and, when any building is condemned by any state
15 or other government agency as authorized in chapter 1013, see
16 that it is no longer used for school purposes.
17 (10) FINANCE.--Take steps to assure students adequate
18 educational facilities through the financial procedure
19 authorized in chapters 1010 and 1011 and as prescribed below:
20 (a) Provide for all schools to operate at least 180
21 days.--Provide for the operation of all public schools, both
22 elementary and secondary, as free schools for a term of at
23 least 180 days or the equivalent on an hourly basis as
24 specified by rules of the State Board of Education; determine
25 district school funds necessary in addition to state funds to
26 operate all schools for such minimum term; and arrange for the
27 levying of district school taxes necessary to provide the
28 amount needed from district sources.
29 (b) Annual budget.--Cause to be prepared, adopt, and
30 have submitted to the Department of Education as required by
31 law and rules of the State Board of Education, the annual
100
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 school budget, such budget to be so prepared and executed as
2 to promote the improvement of the district school system.
3 (c) Tax levies.--Adopt and spread on its minutes a
4 resolution fixing the district school tax levy, provided for
5 under s. 9, Art. VII of the State Constitution, necessary to
6 carry on the school program adopted for the district for the
7 next ensuing fiscal year as required by law, and fixing the
8 district bond interest and sinking fund tax levy necessary for
9 districts against which bonds are outstanding; and adopt and
10 spread on its minutes a resolution suggesting the tax levy
11 provided for in s. 9, Art. VII of the State Constitution,
12 found necessary to carry on the school program adopted for the
13 district for the next ensuing fiscal year.
14 (d) School funds.--Require that an accurate account is
15 kept of all funds that should be transmitted to the district
16 school board for school purposes at various periods during the
17 year from all sources and, if any funds are not transmitted
18 promptly, take the necessary steps to have such funds made
19 available.
20 (e) Borrow money.--Borrow money, as prescribed in ss.
21 1011.12-1011.16, when necessary in anticipation of funds
22 reasonably to be expected during the year as shown by the
23 budget.
24 (f) Financial records and accounts.--Provide for
25 keeping of accurate records of all financial transactions.
26 (g) Approval and payment of accounts.--Implement a
27 system of accounting and budgetary control to ensure that
28 payments do not exceed amounts budgeted, as required by law;
29 make available all records for proper audit by state officials
30 or independent certified public accountants; and have prepared
31 required periodic statements to be filed with the Department
101
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 of Education as provided by rules of the State Board of
2 Education.
3 (h) Bonds of employees.--Fix and prescribe the bonds,
4 and pay the premium on all such bonds, of all school employees
5 who are responsible for school funds in order to provide
6 reasonable safeguards for all such funds or property.
7 (i) Contracts for materials, supplies, and
8 services.--Contract for materials, supplies, and services
9 needed for the district school system. No contract for
10 supplying these needs shall be made with any member of the
11 district school board, with the district school
12 superintendent, or with any business organization in which any
13 district school board member or the district school
14 superintendent has any financial interest whatsoever.
15 (j) Purchasing regulations to be secured from
16 Department of Management Services.--Secure purchasing
17 regulations and amendments and changes thereto from the
18 Department of Management Services and prior to any purchase
19 have reported to it by its staff, and give consideration to
20 the lowest price available to it under such regulations,
21 provided a regulation applicable to the item or items being
22 purchased has been adopted by the department. The department
23 should meet with educational administrators to expand the
24 inventory of standard items for common usage in all schools
25 and postsecondary educational institutions.
26 (k) Protection against loss.--Provide for adequate
27 protection against any loss or damage to school property or
28 loss resulting from any liability for which the district
29 school board or its officers, agents, or employees may be
30 responsible under law. In fulfilling this responsibility, the
31 district school board may purchase insurance, to be
102
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 self-insured, to enter into risk management programs managed
2 by district school boards, school-related associations, or
3 insurance companies, or to have any combination thereof in any
4 area to the extent the district school board is either
5 authorized or required by law to contract for insurance. Any
6 risk management program entered into pursuant to this
7 subsection shall provide for strict accountability of all
8 funds to the member district school boards and an annual audit
9 by an independent certified public accountant of all receipts
10 and disbursements.
11 (l) Internal auditor.--May employ an internal auditor
12 to perform ongoing financial verification of the financial
13 records of the school district. The internal auditor shall
14 report directly to the district school board or its designee.
15 (m) Financial and performance audits.--In addition to
16 the audits required by ss. 11.45 and 218.39, may contract with
17 an independent certified public accountant to conduct a
18 financial or performance audit of its accounts and records
19 retained by it and paid from its public funds.
20 (11) RECORDS AND REPORTS.--Provide for the keeping of
21 all necessary records and the making of all needed or required
22 reports, as follows:
23 (a) Forms, blanks, and reports.--Require all employees
24 to keep accurately all records and to make promptly in the
25 proper form all reports required by law or by rules of the
26 State Board of Education.
27 (b) Reports to the department.--Require that the
28 district school superintendent prepare all reports to the
29 Department of Education that may be required by law or rules
30 of the State Board of Education; see that all such reports are
31 promptly transmitted to the department; withhold the further
103
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 payment of salary to the superintendent or employee when
2 notified by the department that he or she has failed to file
3 any report within the time or in the manner prescribed; and
4 continue to withhold the salary until the district school
5 board is notified by the department that such report has been
6 received and accepted, provided that when any report has not
7 been received by the date due and after due notice has been
8 given to the district school board of that fact, the
9 department, if it deems necessary, may require the report to
10 be prepared by a member of its staff, and the district school
11 board shall pay all expenses connected therewith. Any member
12 of the district school board who is responsible for the
13 violation of this provision is subject to suspension and
14 removal.
15 (c) Reports to parents.--Require that, at regular
16 intervals, reports are made by school principals or teachers
17 to parents, apprising them of the progress being made by the
18 students in their studies and giving other needful
19 information.
20 (12) COOPERATION WITH OTHER DISTRICT SCHOOL
21 BOARDS.--May establish and participate in educational
22 consortia that are designed to provide joint programs and
23 services to cooperating school districts, consistent with the
24 provisions of s. 4(b), Art. IX of the State Constitution. The
25 State Board of Education shall adopt rules providing for the
26 establishment, funding, administration, and operation of such
27 consortia.
28 (13) ENFORCEMENT OF LAW AND RULES.--Require that all
29 laws and rules of the State Board of Education or of the
30 district school board are properly enforced.
31
104
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (14) SCHOOL LUNCH PROGRAM.--Assume such
2 responsibilities and exercise such powers and perform such
3 duties as may be assigned to it by law or as may be required
4 by rules of the State Board of Education or, as in the opinion
5 of the district school board, are necessary to ensure school
6 lunch services, consistent with needs of students; effective
7 and efficient operation of the program; and the proper
8 articulation of the school lunch program with other phases of
9 education in the district.
10 (15) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT
11 PROGRAM.--
12 (a) Adopt procedures whereby the general public can be
13 adequately informed of the educational programs, needs, and
14 objectives of public education within the district, including
15 educational opportunities available through the Florida
16 Virtual School.
17 (b) Encourage teachers and administrators to keep
18 parents informed of student progress, student programs,
19 student attendance requirements pursuant to ss. 1003.26,
20 1003.27, 414.1251, and 984.151, and availability of resources
21 for academic assistance.
22 (16) IMPLEMENT SCHOOL IMPROVEMENT AND
23 ACCOUNTABILITY.--Maintain a system of school improvement and
24 education accountability as provided by statute and State
25 Board of Education rule. This system of school improvement and
26 education accountability shall be consistent with, and
27 implemented through, the district's continuing system of
28 planning and budgeting required by this section and ss.
29 1008.385, 1010.01, and 1011.01. This system of school
30 improvement and education accountability shall include, but is
31 not limited to, the following:
105
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) School improvement plans.--Annually approve and
2 require implementation of a new, amended, or continuation
3 school improvement plan for each school in the district,
4 except that a district school board may establish a district
5 school improvement plan that includes all schools in the
6 district operating for the purpose of providing educational
7 services to youth in Department of Juvenile Justice programs.
8 Such plan shall be designed to achieve the state education
9 priorities pursuant to s. 1000.03(5) and student performance
10 standards. Each plan shall also address issues relative to
11 budget, training, instructional materials, technology,
12 staffing, student support services, specific school safety and
13 discipline strategies, and other matters of resource
14 allocation, as determined by district school board policy, and
15 shall be based on an analysis of student achievement and other
16 school performance data.
17 (b) Approval process.--Develop a process for approval
18 of a school improvement plan presented by an individual school
19 and its advisory council. In the event a district school board
20 does not approve a school improvement plan after exhausting
21 this process, the Department of Education shall be notified of
22 the need for assistance.
23 (c) Assistance and intervention.--
24 1. Develop a 2-year plan of increasing individualized
25 assistance and intervention for each school in danger of not
26 meeting state standards or making adequate progress, as
27 defined pursuant to statute and State Board of Education rule,
28 toward meeting the goals and standards of its approved school
29 improvement plan.
30
31
106
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 2. Provide assistance and intervention to a school
2 that is identified as being in performance grade category "D"
3 pursuant to s. 1008.34 and is in danger of failing.
4 3. Develop a plan to encourage teachers with
5 demonstrated mastery in improving student performance to
6 remain at or transfer to a school designated as performance
7 grade category "D" or "F" or to an alternative school that
8 serves disruptive or violent youths. If a classroom teacher,
9 as defined by s. 1012.01(2)(a), who meets the definition of
10 teaching mastery developed according to the provisions of this
11 paragraph, requests assignment to a school designated as
12 performance grade category "D" or "F" or to an alternative
13 school that serves disruptive or violent youths, the district
14 school board shall make every practical effort to grant the
15 request.
16 4. Prioritize, to the extent possible, the
17 expenditures of funds received from the supplemental academic
18 instruction categorical fund under s. 1011.62(1)(f) to improve
19 student performance in schools that receive a performance
20 grade category designation of "D" or "F."
21 (d) After 2 years.--Notify the Commissioner of
22 Education and the State Board of Education in the event any
23 school does not make adequate progress toward meeting the
24 goals and standards of a school improvement plan by the end of
25 2 years of failing to make adequate progress and proceed
26 according to guidelines developed pursuant to statute and
27 State Board of Education rule. School districts shall provide
28 intervention and assistance to schools in danger of being
29 designated as performance grade category "F," failing to make
30 adequate progress.
31
107
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (e) Public disclosure.--Provide information regarding
2 performance of students and educational programs as required
3 pursuant to ss. 1008.385 and 1008.22 and implement a system of
4 school reports as required by statute and State Board of
5 Education rule that shall include schools operating for the
6 purpose of providing educational services to youth in
7 Department of Juvenile Justice programs, and for those
8 schools, report on the elements specified in s. 1003.52(20).
9 Annual public disclosure reports shall be in an easy-to-read
10 report card format and shall include the school's student and
11 school performance grade category designation and performance
12 data as specified in state board rule.
13 (f) School improvement funds.--Provide funds to
14 schools for developing and implementing school improvement
15 plans. Such funds shall include those funds appropriated for
16 the purpose of school improvement pursuant to s. 24.121(5)(c).
17 (17) LOCAL-LEVEL DECISIONMAKING.--
18 (a) Adopt policies that clearly encourage and enhance
19 maximum decisionmaking appropriate to the school site. Such
20 policies must include guidelines for schools in the adoption
21 and purchase of district and school site instructional
22 materials and technology, staff training, school advisory
23 council member training, student support services, budgeting,
24 and the allocation of staff resources.
25 (b) Adopt waiver process policies to enable all
26 schools to exercise maximum flexibility and notify advisory
27 councils of processes to waive school district and state
28 policies.
29 (c) Develop policies for periodically monitoring the
30 membership composition of school advisory councils to ensure
31 compliance with requirements established in s. 1001.452.
108
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (d) Adopt policies that assist in giving greater
2 autonomy, including authority over the allocation of the
3 school's budget, to schools designated as performance grade
4 category "A," making excellent progress, and schools rated as
5 having improved at least two performance grade categories.
6 (18) OPPORTUNITY SCHOLARSHIPS.--Adopt policies
7 allowing students attending schools that have been designated
8 as performance grade category "F," failing to make adequate
9 progress, for 2 school years in a 4-year period to attend a
10 higher performing school in the district or an adjoining
11 district or be granted a state opportunity scholarship to a
12 private school, in conformance with s. 1002.38 and State Board
13 of Education rule.
14 (19) AUTHORITY TO DECLARE AN EMERGENCY.--May declare
15 an emergency in cases in which one or more schools in the
16 district are failing or are in danger of failing and negotiate
17 special provisions of its contract with the appropriate
18 bargaining units to free these schools from contract
19 restrictions that limit the school's ability to implement
20 programs and strategies needed to improve student performance.
21 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
22 anonymity of students in large schools, adopt policies to
23 encourage any school that does not meet the definition of a
24 small school, as established by s. 1013.43(2), to subdivide
25 into schools-within-a-school, that shall operate within
26 existing resources in accordance with the provisions of
27 chapter 1003.
28 (21) FLORIDA VIRTUAL SCHOOL.--Provide students with
29 access to enroll in courses available through the Florida
30 Virtual School and award credit for successful completion of
31 such courses. Access shall be available to students during or
109
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 after the normal school day, and through summer school
2 enrollment.
3 (22) ADOPT RULES.--Adopt rules pursuant to ss.
4 120.536(1) and 120.54 to implement this section.
5 Section 56. Section 1001.43, Florida Statutes, is
6 created to read:
7 1001.43 Supplemental powers and duties of district
8 school board.--The district school board may exercise the
9 following supplemental powers and duties as authorized by this
10 code or State Board of Education rule.
11 (1) STUDENT MANAGEMENT.--The district school board may
12 adopt programs and policies to ensure the safety and welfare
13 of individuals, the student body, and school personnel, which
14 programs and policies may:
15 (a) Prohibit the possession of weapons and drugs on
16 campus, student hazing, and other activities that could
17 threaten the operation of the school or the safety and welfare
18 of the student body or school personnel.
19 (b) Require uniforms to be worn by the student body,
20 or impose other dress-related requirements, if the district
21 school board finds that those requirements are necessary for
22 the safety or welfare of the student body or school personnel.
23 (c) Provide procedures for student dismissal
24 precautions and for granting permission for students to leave
25 school grounds during school hours, including releasing a
26 student from school upon request by a parent or for public
27 appearances of school groups.
28 (d) Provide procedures for managing protests,
29 demonstrations, sit-ins, walk-outs, or other acts of civil
30 disobedience.
31
110
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (e) Provide procedures for detaining students and for
2 readmission of students after expulsion.
3 (f) Regulate student automobile use and parking.
4 (2) FISCAL MANAGEMENT.--The district school board may
5 adopt policies providing for fiscal management of the school
6 district with respect to school purchasing, facilities,
7 nonstate revenue sources, budgeting, fundraising, and other
8 activities relating to the fiscal management of district
9 resources, including, but not limited to, the policies
10 governing:
11 (a) Sales calls and demonstrations by agents,
12 solicitors, salespersons, and vendors on campus; local
13 preference criteria for vendors; specifications for quantity
14 purchasing; prioritization of awards for bids; declining bid
15 awards; and purchase requisitions, approvals, and routing.
16 (b) Sales by booster clubs; marathon fundraisers; and
17 student sales of candy, paper products, or other goods
18 authorized by the district school board.
19 (c) Inventory and disposal of district property; use
20 of safe-deposit boxes; and selection of real estate
21 appraisers.
22 (d) Payment of contractors and other service
23 providers.
24 (e) Accounting systems; petty cash accounts procedures
25 and reporting; school activities funds procedures and
26 reporting; management and reporting of grants from private
27 sources; and management of funds, including auxiliary
28 enterprise funds.
29 (f) District budgeting system, including setting
30 budget deadlines and schedules, budget planning, and
31 implementation and determination of budget priorities.
111
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (3) INSTRUCTIONAL AIDS.--The district school board may
2 adopt policies providing for innovative teaching techniques,
3 teaching programs and methods, instructional aids and
4 objectives, extracurricular and interscholastic activities,
5 and supplemental programs including, but not limited to,
6 policies providing for:
7 (a) Use of technology, including appropriate use of
8 the Internet as a tool for learning.
9 (b) Instructional priorities and objectives, pilot
10 projects and evaluations, curriculum adoption and design, and
11 lesson planning.
12 (c) Extracurricular and interscholastic activities,
13 including field trips, publishing a student newspaper and
14 other publications, and special programs relating to the arts,
15 music, or other topics of current interest.
16 (d) Participation in physical education programs,
17 including appropriate physical education attire and protective
18 gear; programs for exceptional students; summer school; and
19 the Title I program, including comparability procedures.
20 (4) FACILITIES MANAGEMENT.--The district school board
21 may adopt policies providing for management of the physical
22 campus and its environs, including, but not limited to, energy
23 conservation measures; building and ground maintenance;
24 fencing, landscaping, and other property improvements; site
25 acquisition; new construction and renovation; dedication and
26 rededication or naming and renaming of district buildings and
27 other district facilities; and development of facilities
28 management planning and priorities.
29 (5) SCHOOL COMMUNITY RELATIONS.--The district school
30 board may adopt policies governing public gifts and donations
31 to schools; input from the community concerning instruction
112
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 resources; advertising in schools; participation in community
2 affairs, including coordination with local governments and
3 planning authorities; protocols for interagency agreements;
4 business community partnerships; community use of school
5 facilities; public solicitations in schools, including the
6 distribution and posting of promotional materials and
7 literature; visitors to the school campus; school advisory
8 councils; and parent volunteers and chaperones.
9 (6) LEGAL ISSUES.--The district school board may adopt
10 policies and procedures necessary to implement federal
11 mandates and programs, court orders, and other legal
12 requirements of the state.
13 (7) FIRST AID AND EMERGENCIES.--The district school
14 board may adopt programs and policies to ensure appropriate
15 response in emergency situations; the provision of first aid
16 to individuals, the student body, and school personnel; and
17 the effective management of student illness, which programs
18 and policies may include, but are not limited to:
19 (a) The provision of first aid and emergency medical
20 care and the provision of school health care facilities and
21 services.
22 (b) The provision of school safety patrol.
23 (c) Procedures for reporting hazards, including
24 threats of nature, bomb threats, threatening messages, and
25 similar occurrences, and the provision of warning systems
26 including alarm systems and other technical devices.
27 (d) Procedures for evacuating the classrooms,
28 playground, or any other district facility.
29 (e) Procedures for reporting accidents, including
30 traffic accidents and traffic violations involving
31 district-owned vehicles.
113
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (f) Student insurance programs.
2 (8) STUDENT ASSESSMENT AND AFFAIRS.--The district
3 school board may adopt policies and procedures governing
4 attendance monitoring and checks; truancy; graduation
5 requirements and graduation exercises; fees, fines, and
6 charges imposed on students; evaluation of student records and
7 transcripts; transfer of student records; grading and academic
8 evaluation of students; tests and examinations, including
9 early examinations; guidance and counseling; and student
10 participation in competitions, student performances and
11 exhibitions, contests for students, and social events.
12 (9) ADMINISTRATIVE SUPPORT SERVICES.--The district
13 school board may adopt policies and procedures governing
14 purchase of property insurance, including comprehensive
15 general liability insurance; transportation of students for
16 extracurricular activities and special events, including
17 transportation of students in privately owned vehicles;
18 transportation of district personnel, including personal use
19 of district owned vehicles; computer security and computer
20 room access and computer database resources; mail and delivery
21 services, including use of couriers; copyright compliance; and
22 computerized data systems, including computer use,
23 transmission of data, access to the Internet, and other
24 technology-based services.
25 (10) DISTRICT SCHOOL BOARD GOVERNANCE AND
26 OPERATIONS.--The district school board may adopt policies and
27 procedures necessary for the daily business operation of the
28 district school board, including, but not limited to, the
29 provision of legal services for the district school board;
30 conducting a district legislative program; district school
31 board member participation at conferences, conventions, and
114
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 workshops, including member compensation and reimbursement for
2 expenses; district school board policy development, adoption,
3 and repeal; district school board meeting procedures,
4 including participation via telecommunications networks, use
5 of technology at meetings, and presentations by nondistrict
6 personnel; citizen communications with the district school
7 board and with individual district school board members;
8 collaboration with local government and other entities as
9 required by law; and organization of the district school
10 board, including special committees and advisory committees.
11 (11) PERSONNEL.--The district school board may adopt
12 policies and procedures necessary for the management of all
13 personnel of the school system.
14 (12) COOPERATION WITH COMMUNITY COLLEGES.--The
15 district school board shall work with the community colleges
16 in the district to ensure that the community college students
17 have access to remedial education.
18 Section 57. Section 1001.44, Florida Statutes, is
19 created to read:
20 1001.44 Technical centers.--
21 (1) DISTRICT SCHOOL BOARD MAY ESTABLISH OR ACQUIRE
22 TECHNICAL CENTERS.--Any district school board, after first
23 obtaining the approval of the Department of Education, may, as
24 a part of the district school system, organize, establish and
25 operate a technical center, or acquire and operate a technical
26 school previously established.
27 (2) DISTRICT SCHOOL BOARDS OF CONTIGUOUS DISTRICTS MAY
28 ESTABLISH OR ACQUIRE TECHNICAL CENTERS.--The district school
29 boards of any two or more contiguous districts may, upon first
30 obtaining the approval of the department, enter into an
31
115
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 agreement to organize, establish and operate, or acquire and
2 operate, a technical center under this section.
3 (3) TECHNICAL CENTER PART OF DISTRICT SCHOOL SYSTEM
4 DIRECTED BY A DIRECTOR.--
5 (a) A technical center established or acquired under
6 provisions of law and minimum standards prescribed by the
7 commissioner shall comprise a part of the district school
8 system and shall mean an educational institution offering
9 terminal courses of a technical nature, and courses for
10 out-of-school youth and adults; shall be subject to all
11 applicable provisions of this code; shall be under the control
12 of the district school board of the school district in which
13 it is located; and shall be directed by a director responsible
14 through the district school superintendent to the district
15 school board of the school district in which the center is
16 located.
17 (b) Each technical center shall maintain an academic
18 transcript for each student enrolled in the center. Such
19 transcript shall delineate each course completed by the
20 student. Courses shall be delineated by the course prefix and
21 title assigned pursuant to s. 1007.24. The center shall make
22 a copy of a student's transcript available to any student who
23 requests it.
24 Section 58. Section 1001.451, Florida Statutes, is
25 created to read:
26 1001.451 Regional consortium service
27 organizations.--In order to provide a full range of programs
28 to larger numbers of students, minimize duplication of
29 services, and encourage the development of new programs and
30 services:
31
116
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (1) School districts with 20,000 or fewer unweighted
2 full-time equivalent students may enter into cooperative
3 agreements to form a regional consortium service organization.
4 Each regional consortium service organization shall provide,
5 at a minimum, three of the following services: exceptional
6 student education; teacher education centers; environmental
7 education; federal grant procurement and coordination; data
8 processing; health insurance; risk management insurance; staff
9 development; purchasing; or planning and accountability.
10 (2)(a) Each regional consortium service organization
11 that consists of four or more school districts is eligible to
12 receive, through the Department of Education, an incentive
13 grant of $25,000 per school district to be used for the
14 delivery of services within the participating school
15 districts.
16 (b) Application for incentive grants shall be made to
17 the Commissioner of Education by July 30 of each year for
18 distribution to qualifying regional consortium service
19 organizations by January 1 of the fiscal year.
20 Section 59. Section 1001.452, Florida Statutes, is
21 created to read:
22 1001.452 District and school advisory councils.--
23 (1) ESTABLISHMENT.--
24 (a) The district school board shall establish an
25 advisory council for each school in the district and shall
26 develop procedures for the election and appointment of
27 advisory council members. Each school advisory council shall
28 include in its name the words "school advisory council." The
29 school advisory council shall be the sole body responsible for
30 final decisionmaking at the school relating to implementation
31 of the provisions of ss. 1008.345, and 1001.42(16). A majority
117
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 of the members of each school advisory council must be persons
2 who are not employed by the school. Each advisory council
3 shall be composed of the principal and an appropriately
4 balanced number of teachers, education support employees,
5 students, parents, and other business and community citizens
6 who are representative of the ethnic, racial, and economic
7 community served by the school. Technical center and high
8 school advisory councils shall include students, and middle
9 and junior high school advisory councils may include students.
10 School advisory councils of technical and adult education
11 centers are not required to include parents as members.
12 Council members representing teachers, education support
13 employees, students, and parents shall be elected by their
14 respective peer groups at the school in a fair and equitable
15 manner as follows:
16 1. Teachers shall be elected by teachers.
17 2. Education support employees shall be elected by
18 education support employees.
19 3. Students shall be elected by students.
20 4. Parents shall be elected by parents.
21
22 The district school board shall establish procedures for use
23 by schools in selecting business and community members that
24 include means of ensuring wide notice of vacancies and of
25 taking input on possible members from local business, chambers
26 of commerce, community and civic organizations and groups, and
27 the public at large. The district school board shall review
28 the membership composition of each advisory council. If the
29 district school board determines that the membership elected
30 by the school is not representative of the ethnic, racial, and
31 economic community served by the school, the district school
118
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 board shall appoint additional members to achieve proper
2 representation. The commissioner shall determine if schools
3 have maximized their efforts to include on their advisory
4 councils minority persons and persons of lower socioeconomic
5 status. Although schools are strongly encouraged to establish
6 school advisory councils, the district school board of any
7 school district that has a student population of 10,000 or
8 fewer may establish a district advisory council which shall
9 include at least one duly elected teacher from each school in
10 the district. For the purposes of school advisory councils
11 and district advisory councils, the term "teacher" shall
12 include classroom teachers, certified student services
13 personnel, and media specialists. For purposes of this
14 paragraph, "education support employee" means any person
15 employed by a school who is not defined as instructional or
16 administrative personnel pursuant to s. 1012.01 and whose
17 duties require 20 or more hours in each normal working week.
18 (b) The district school board may establish a district
19 advisory council representative of the district and composed
20 of teachers, students, parents, and other citizens or a
21 district advisory council that may be comprised of
22 representatives of each school advisory council. Recognized
23 schoolwide support groups that meet all criteria established
24 by law or rule may function as school advisory councils.
25 (c) For those schools operating for the purpose of
26 providing educational services to youth in Department of
27 Juvenile Justice programs, district school boards may
28 establish a district advisory council with appropriate
29 representatives for the purpose of developing and monitoring a
30 district school improvement plan that encompasses all such
31 schools in the district, pursuant to s. 1001.42(16)(a).
119
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (2) DUTIES.--Each advisory council shall perform such
2 functions as are prescribed by regulations of the district
3 school board; however, no advisory council shall have any of
4 the powers and duties now reserved by law to the district
5 school board. Each school advisory council shall assist in the
6 preparation and evaluation of the school improvement plan
7 required pursuant to s. 1001.42(16). With technical assistance
8 from the Department of Education, each school advisory council
9 shall assist in the preparation of the school's annual budget
10 and plan as required by s. 1008.385(1). A portion of funds
11 provided in the annual General Appropriations Act for use by
12 school advisory councils must be used for implementing the
13 school improvement plan.
14 Section 60. Section 1001.453, Florida Statutes, is
15 created to read:
16 1001.453 Direct-support organization; use of property;
17 board of directors; audit.--
18 (1) DEFINITIONS.--For the purposes of this section,
19 the term:
20 (a) "District school board direct-support
21 organization" means an organization that:
22 1. Is approved by the district school board;
23 2. Is a Florida corporation not for profit,
24 incorporated under the provisions of chapter 617 and approved
25 by the Department of State; and
26 3. Is organized and operated exclusively to receive,
27 hold, invest, and administer property and to make expenditures
28 to or for the benefit of public kindergarten through 12th
29 grade education and adult career and technical and community
30 education programs in this state.
31
120
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) "Personal services" includes full-time or
2 part-time personnel, as well as payroll processing.
3 (2) USE OF PROPERTY.--A district school board:
4 (a) Is authorized to permit the use of property,
5 facilities, and personal services of the district by a
6 direct-support organization, subject to the provisions of this
7 section.
8 (b) Shall prescribe by rule conditions with which a
9 district school board direct-support organization must comply
10 in order to use property, facilities, or personal services of
11 the district. Adoption of such rules shall be coordinated with
12 the Department of Education. The rules shall provide for
13 budget and audit review and oversight by the district school
14 board and the department.
15 (c) Shall not permit the use of property, facilities,
16 or personal services of a direct-support organization if such
17 organization does not provide equal employment opportunities
18 to all persons, regardless of race, color, religion, sex, age,
19 or national origin.
20 (3) BOARD OF DIRECTORS.--The board of directors of the
21 district school board direct-support organization shall be
22 approved by the district school board.
23 (4) ANNUAL AUDIT.--Each direct-support organization
24 with more than $100,000 in expenditures or expenses shall
25 provide for an annual financial audit of its accounts and
26 records, to be conducted by an independent certified public
27 accountant in accordance with rules adopted by the Auditor
28 General pursuant to s. 11.45(8) and the Commissioner of
29 Education. The annual audit report shall be submitted within 9
30 months after the fiscal year's end to the district school
31 board and the Auditor General. The Commissioner of Education,
121
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 the Auditor General, and the Office of Program Policy Analysis
2 and Government Accountability have the authority to require
3 and receive from the organization or the district auditor any
4 records relative to the operation of the organization. The
5 identity of donors and all information identifying donors and
6 prospective donors are confidential and exempt from the
7 provisions of s. 119.07(1), and that anonymity shall be
8 maintained in the auditor's report. All other records and
9 information shall be considered public records for the
10 purposes of chapter 119.
11 Section 61. Part II.b. of chapter 1001, Florida
12 Statutes, shall be entitled "District School Superintendents"
13 and shall consist of ss. 1001.46-1001.53.
14 Section 62. Section 1001.46, Florida Statutes, is
15 created to read:
16 1001.46 District school superintendent; election and
17 term of office.--The district school superintendent shall be
18 elected for a term of 4 years or until the election or
19 appointment and qualification of his or her successor.
20 Section 63. Section 1001.461, Florida Statutes, is
21 created to read:
22 1001.461 District school superintendent; procedures
23 for making office appointive.--
24 (1) Pursuant to the provisions of s. 5, Art. IX of the
25 State Constitution, the district school superintendent shall
26 be appointed by the district school board in a school district
27 wherein the proposition is affirmed by a majority of the
28 qualified electors voting in the same election making the
29 office of district school superintendent appointive.
30 (2) To submit the proposition to the electors, the
31 district school board by formal resolution shall request an
122
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 election, that shall be at a general election or a statewide
2 primary or special election. The board of county
3 commissioners, upon such timely request from the district
4 school board, shall cause to be placed on the ballot at such
5 election the proposition to make the office of district school
6 superintendent appointive.
7 (3) Any district adopting the appointive method for
8 its district school superintendent may after 4 years return to
9 its former status and reject the provisions of this section by
10 following the same procedure outlined in subsection (2) for
11 adopting the provisions thereof.
12 Section 64. Section 1001.462, Florida Statutes, is
13 created to read:
14 1001.462 Oath of district school
15 superintendent.--Before entering upon the duties of his or her
16 office, the district school superintendent shall take the oath
17 of office prescribed by the State Constitution.
18 Section 65. Section 1001.463, Florida Statutes, is
19 created to read:
20 1001.463 Vacancy in office of district school
21 superintendent.--The office of district school superintendent
22 in any district shall be vacant when the district school
23 superintendent removes his or her residence from the district.
24 Section 66. Section 1001.464, Florida Statutes, is
25 created to read:
26 1001.464 District school superintendent to devote full
27 time to office.--The position of district school
28 superintendent shall be considered a full-time position.
29 Section 67. Section 1001.47, Florida Statutes, is
30 created to read:
31 1001.47 District school superintendent; salary.--
123
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (1) Each district school superintendent shall receive
2 as salary the amount indicated pursuant to this section.
3 However, a district school board, by majority vote, may
4 approve a salary in excess of the amount specified in this
5 section.
6 (2) Notwithstanding the provisions of chapter 145 to
7 the contrary, the annual salaries of elected district school
8 superintendents for 1993 and each year thereafter shall be
9 established at the same amounts as the district school
10 superintendents were paid for fiscal year 1991-1992, adjusted
11 by each annual increase provided for in chapter 145.
12 (3) This section does not apply to a district school
13 superintendent appointed pursuant to the terms of s. 1001.50.
14 (4)(a) There shall be an additional $2,000 per year
15 special qualification salary for each district school
16 superintendent who has met the certification requirements
17 established by the Department of Education. Any district
18 school superintendent who is certified during a calendar year
19 shall receive in that year a pro rata share of the special
20 qualification salary based on the remaining period of the
21 year.
22 (b) In order to qualify for the special qualification
23 salary provided by paragraph (a), the district school
24 superintendent must complete the requirements established by
25 the Department of Education within 6 years after first taking
26 office.
27 (c) After a district school superintendent meets the
28 requirements of paragraph (a), in order to remain certified
29 the district school superintendent shall thereafter be
30 required to complete each year a course of continuing
31 education as prescribed by the Department of Education.
124
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (5)(a) The Department of Education shall provide a
2 leadership development and performance compensation program
3 for district school superintendents, comparable to chief
4 executive officer development programs for corporate executive
5 officers, to include:
6 1. A content-knowledge-and-skills phase consisting of:
7 creative leadership models and theory, demonstration of
8 effective practice, simulation exercises and personal skills
9 practice, and assessment with feedback, taught in a
10 professional training setting under the direction of
11 experienced, successful trainers.
12 2. A competency-acquisition phase consisting of
13 on-the-job application of knowledge and skills for a period of
14 not less than 6 months following the successful completion of
15 the content-knowledge-and-skills phase. The
16 competency-acquisition phase shall be supported by adequate
17 professional technical assistance provided by experienced
18 trainers approved by the department. Competency acquisition
19 shall be demonstrated through assessment and feedback.
20 (b) Upon the successful completion of both phases and
21 demonstrated successful performance, as determined by the
22 department, a district school superintendent shall be issued a
23 Chief Executive Officer Leadership Development Certificate and
24 shall be given an annual performance salary incentive of not
25 less than $3,000 or more than $7,500 based upon his or her
26 performance evaluation.
27 (c) A district school superintendent's eligibility to
28 continue receiving the annual performance salary incentive is
29 contingent upon his or her continued performance assessment
30 and followup training prescribed by the department.
31
125
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 68. Section 1001.48, Florida Statutes, is
2 created to read:
3 1001.48 Secretary and executive officer of the
4 district school board.--The district school superintendent
5 shall be the secretary and executive officer of the district
6 school board, provided that when the district school
7 superintendent is required to be absent on account of
8 performing services in the volunteer forces of the United
9 States or in the National Guard of the state or in the regular
10 Army or Navy of the United States, when said district school
11 superintendent shall be called into active training or service
12 of the United States under an Act of Congress or pursuant to a
13 proclamation by the President of the United States, the
14 district school superintendent shall then be entitled to a
15 leave of absence not to exceed the remaining portion of the
16 term for which he or she was elected.
17 Section 69. Section 1001.49, Florida Statutes, is
18 created to read:
19 1001.49 General powers of district school
20 superintendent.--The district school superintendent shall have
21 the authority, and when necessary for the more efficient and
22 adequate operation of the district school system, the district
23 school superintendent shall exercise the following powers:
24 (1) GENERAL OVERSIGHT.--Exercise general oversight
25 over the district school system in order to determine problems
26 and needs, and recommend improvements.
27 (2) ADVISE, COUNSEL, AND RECOMMEND TO DISTRICT SCHOOL
28 BOARD.--Advise and counsel with the district school board on
29 all educational matters and recommend to the district school
30 board for action such matters as should be acted upon.
31
126
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (3) RECOMMEND POLICIES.--Recommend to the district
2 school board for adoption such policies pertaining to the
3 district school system as the district school superintendent
4 may consider necessary for its more efficient operation.
5 (4) RECOMMEND AND EXECUTE RULES.--Prepare and organize
6 by subjects and submit to the district school board for
7 adoption such rules to supplement those adopted by the State
8 Board of Education as, in the district school superintendent's
9 opinion, will contribute to the efficient operation of any
10 aspect of education in the district. When rules have been
11 adopted, the district school superintendent shall see that
12 they are executed.
13 (5) RECOMMEND AND EXECUTE MINIMUM STANDARDS.--From
14 time to time prepare, organize by subject, and submit to the
15 district school board for adoption such minimum standards
16 relating to the operation of any phase of the district school
17 system as are needed to supplement those adopted by the State
18 Board of Education and as will contribute to the efficient
19 operation of any aspect of education in the district and
20 ensure that minimum standards adopted by the district school
21 board and the state board are observed.
22 (6) PERFORM DUTIES AND EXERCISE
23 RESPONSIBILITIES.--Perform such duties and exercise such
24 responsibilities as are assigned to the district school
25 superintendent by law and by rules of the State Board of
26 Education.
27 Section 70. Section 1001.50, Florida Statutes, is
28 created to read:
29 1001.50 Superintendents employed under Art. IX of the
30 State Constitution.--
31
127
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (1) In every district authorized to employ a district
2 school superintendent under Art. IX of the State Constitution,
3 the district school superintendent shall be the executive
4 officer of the district school board and shall not be subject
5 to the provisions of law, either general or special, relating
6 to tenure of employment or contracts of other school
7 personnel. The district school superintendent's duties
8 relating to the district school system shall be as provided by
9 law and rules of the State Board of Education.
10 (2) The district school board of each of such
11 districts shall enter into contracts of employment with the
12 district school superintendent and shall adopt rules relating
13 to his or her appointment.
14 (3) The district school board of each such district
15 shall pay to the district school superintendent a reasonable
16 annual salary. In determining the amount of compensation to be
17 paid, the board shall take into account such factors as:
18 (a) The population of the district.
19 (b) The rate and character of population growth.
20 (c) The size and composition of the student body to be
21 served.
22 (d) The geographic extent of the district.
23 (e) The number and character of the schools to be
24 supervised.
25 (f) The educational qualifications, professional
26 experience, and age of the candidate for the position of
27 district school superintendent.
28 Section 71. Section 1001.51, Florida Statutes, is
29 created to read:
30 1001.51 Duties and responsibilities of district school
31 superintendent.--The district school superintendent shall
128
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 exercise all powers and perform all duties listed below and
2 elsewhere in the law, provided that, in so doing, he or she
3 shall advise and counsel with the district school board. The
4 district school superintendent shall perform all tasks
5 necessary to make sound recommendations, nominations,
6 proposals, and reports required by law to be acted upon by the
7 district school board. All such recommendations, nominations,
8 proposals, and reports by the district school superintendent
9 shall be either recorded in the minutes or shall be made in
10 writing, noted in the minutes, and filed in the public records
11 of the district school board. It shall be presumed that, in
12 the absence of the record required in this section, the
13 recommendations, nominations, and proposals required of the
14 district school superintendent were not contrary to the action
15 taken by the district school board in such matters.
16 (1) ASSIST IN ORGANIZATION OF DISTRICT SCHOOL
17 BOARD.--Preside at the organization meeting of the district
18 school board and transmit to the Department of Education,
19 within 2 weeks following such meeting, a certified copy of the
20 proceedings of organization, including the schedule of regular
21 meetings, and the names and addresses of district school
22 officials.
23 (2) REGULAR AND SPECIAL MEETINGS OF THE DISTRICT
24 SCHOOL BOARD.--Attend all regular meetings of the district
25 school board, call special meetings when emergencies arise,
26 and advise, but not vote, on questions under consideration.
27 (3) RECORDS FOR THE DISTRICT SCHOOL BOARD.--Keep
28 minutes of all official actions and proceedings of the
29 district school board and keep such other records, including
30 records of property held or disposed of by the district school
31
129
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 board, as may be necessary to provide complete information
2 regarding the district school system.
3 (4) SCHOOL PROPERTY.--Act for the district school
4 board as custodian of school property.
5 (5) SCHOOL PROGRAM; PREPARE PLANS.--Supervise the
6 assembling of data and sponsor studies and surveys essential
7 to the development of a planned school program for the entire
8 district and prepare and recommend such a program to the
9 district school board as the basis for operating the district
10 school system.
11 (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF
12 SCHOOLS, CLASSES, AND SERVICES.--Recommend the establishment,
13 organization, and operation of such schools, classes, and
14 services as are needed to provide adequate educational
15 opportunities for all children in the district.
16 (7) PERSONNEL.--Be responsible, as required herein,
17 for directing the work of the personnel, subject to the
18 requirements of chapter 1012.
19 (8) COURSES OF STUDY AND OTHER INSTRUCTIONAL
20 AIDS.--Recommend such plans for improving, providing,
21 distributing, accounting for, and caring for textbooks and
22 other instructional aids as will result in general improvement
23 of the district school system, as prescribed in chapter 1006.
24 (9) TRANSPORTATION OF STUDENTS.--Provide for student
25 transportation as prescribed in s. 1006.21.
26 (10) SCHOOL PLANT.--Recommend plans, and execute such
27 plans as are approved, regarding all phases of the school
28 plant program, as prescribed in chapter 1013.
29 (11) FINANCE.--Recommend measures to the district
30 school board to assure adequate educational facilities
31 throughout the district, in accordance with the financial
130
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 procedure authorized in chapters 1010 and 1011 and as
2 prescribed below:
3 (a) Plan for operating all schools for minimum
4 term.--Determine and recommend district funds necessary in
5 addition to state funds to provide for at least a 180-day
6 school term or the equivalent on an hourly basis as specified
7 by rules adopted by the State Board of Education and recommend
8 plans for ensuring the operation of all schools for the term
9 authorized by the district school board.
10 (b) Annual budget.--Prepare the annual school budget
11 to be submitted to the district school board for adoption
12 according to law and submit this budget, when adopted by the
13 district school board, to the Department of Education on or
14 before the date required by rules of the State Board of
15 Education.
16 (c) Tax levies.--Recommend to the district school
17 board, on the basis of the needs shown by the budget, the
18 amount of district school tax levy necessary to provide the
19 district school funds needed for the maintenance of the public
20 schools; recommend to the district school board the tax levy
21 required on the basis of the needs shown in the budget for the
22 district bond interest and sinking fund of each district; and
23 recommend to the district school board to be included on the
24 ballot at each district millage election the school district
25 tax levies necessary to carry on the school program.
26 (d) School funds.--Keep an accurate account of all
27 funds that should be transmitted to the district school board
28 for school purposes at various periods during the year and
29 ensure, insofar as possible, that these funds are transmitted
30 promptly and report promptly to the district school board any
31
131
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 delinquencies or delays that occur in making available any
2 funds that should be made available for school purposes.
3 (e) Borrowing money.--Recommend when necessary the
4 borrowing of money as prescribed by law.
5 (f) Financial records and accounting.--Keep or have
6 kept accurate records of all financial transactions.
7 (g) Payrolls and accounts.--Maintain accurate and
8 current statements of accounts due to be paid by the district
9 school board; certify these statements as correct; liquidate
10 district school board obligations in accordance with the
11 official budget and rules of the district school board; and
12 prepare periodic reports as required by rules of the State
13 Board of Education, showing receipts, balances, and
14 disbursements to date, and file copies of such periodic
15 reports with the Department of Education.
16 (h) Bonds for employees.--Recommend the bonds of all
17 school employees who should be bonded in order to provide
18 reasonable safeguards for all school funds or property.
19 (i) Contracts.--After study of the feasibility of
20 contractual services with industry, recommend to the district
21 school board the desirable terms, conditions, and
22 specifications for contracts for supplies, materials, or
23 services to be rendered and see that materials, supplies, or
24 services are provided according to contract.
25 (j) Investment policies.--After careful examination,
26 recommend policies to the district school board that will
27 provide for the investment or deposit of school funds not
28 needed for immediate expenditures which shall earn the maximum
29 possible yield under the circumstances on such investments or
30 deposits. The district school superintendent shall cause to be
31 invested at all times all school moneys not immediately needed
132
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 for expenditures pursuant to the policies of the district
2 school board.
3 (k) Protection against loss.--Recommend programs and
4 procedures to the district school board necessary to protect
5 the school system adequately against loss or damage to school
6 property or against loss resulting from any liability for
7 which the district school board or its officers, agents, or
8 employees may be responsible under law.
9 (l) Millage elections.--Recommend plans and procedures
10 for holding and supervising all school district millage
11 elections.
12 (m) Budgets and expenditures.--Prepare, after
13 consulting with the principals of the various schools,
14 tentative annual budgets for the expenditure of district funds
15 for the benefit of public school students of the district.
16 (n) Bonds.--Recommend the amounts of bonds to be
17 issued in the district and assist in the preparation of the
18 necessary papers for an election to determine whether the
19 proposed bond issue will be approved by the electors and, if
20 such bond issue be approved by the electors, recommend plans
21 for the sale of bonds and for the proper expenditure of the
22 funds derived therefrom.
23 (12) RECORDS AND REPORTS.--Recommend such records as
24 should be kept in addition to those prescribed by rules of the
25 State Board of Education; prepare forms for keeping such
26 records as are approved by the district school board; ensure
27 that such records are properly kept; and make all reports that
28 are needed or required, as follows:
29 (a) Forms, blanks, and reports.--Require that all
30 employees accurately keep all records and promptly make in
31 proper form all reports required by the education code or by
133
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 rules of the State Board of Education; recommend the keeping
2 of such additional records and the making of such additional
3 reports as may be deemed necessary to provide data essential
4 for the operation of the school system; and prepare such forms
5 and blanks as may be required and ensure that these records
6 and reports are properly prepared.
7 (b) Reports to the department.--Prepare, for the
8 approval of the district school board, all reports that may be
9 required by law or rules of the State Board of Education to be
10 made to the department and transmit promptly all such reports,
11 when approved, to the department, as required by law. If any
12 such reports are not transmitted at the time and in the manner
13 prescribed by law or by State Board of Education rules, the
14 salary of the district school superintendent must be withheld
15 until the report has been properly submitted. Unless otherwise
16 provided by rules of the State Board of Education, the annual
17 report on attendance and personnel is due on or before July 1,
18 and the annual school budget and the report on finance are due
19 on the date prescribed by the commissioner.
20
21 Any district school superintendent who knowingly signs and
22 transmits to any state official a false or incorrect report
23 shall forfeit his or her right to any salary for the period of
24 1 year from that date.
25 (13) COOPERATION WITH OTHER AGENCIES.--
26 (a) Cooperation with governmental agencies in
27 enforcement of laws and rules.--Recommend plans for
28 cooperating with, and, on the basis of approved plans,
29 cooperate with federal, state, county, and municipal agencies
30 in the enforcement of laws and rules pertaining to all matters
31 relating to education and child welfare.
134
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) Identifying and reporting names of migratory
2 children, other information.--Recommend plans for identifying
3 and reporting to the Department of Education the name of each
4 child in the school district who qualifies according to the
5 definition of a migratory child, based on Pub. L. No. 95-561,
6 and for reporting such other information as may be prescribed
7 by the department.
8 (14) ENFORCEMENT OF LAWS AND RULES.--Require that all
9 laws and rules of the State Board of Education, as well as
10 supplementary rules of the district school board, are properly
11 observed and report to the district school board any violation
12 that the district school superintendent does not succeed in
13 having corrected.
14 (15) COOPERATE WITH DISTRICT SCHOOL BOARD.--Cooperate
15 with the district school board in every manner practicable to
16 the end that the district school system may continuously be
17 improved.
18 (16) VISITATION OF SCHOOLS.--Visit the schools;
19 observe the management and instruction; give suggestions for
20 improvement; and advise supervisors, principals, teachers,
21 patrons, and other citizens with the view of promoting
22 interest in education and improving the school conditions of
23 the district.
24 (17) CONFERENCES, INSTITUTES, AND STUDY COURSES.--Call
25 and conduct institutes and conferences with employees of the
26 district school board, school patrons, and other interested
27 citizens; organize and direct study and extension courses for
28 employees, advising them as to their professional studies; and
29 assist patrons and people generally in acquiring knowledge of
30 the aims, services, and needs of the schools.
31
135
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (18) PROFESSIONAL AND GENERAL IMPROVEMENT.--Attend
2 such conferences for district school superintendents as may be
3 called or scheduled by the Department of Education and avail
4 himself or herself of means of professional and general
5 improvement so that he or she may function most efficiently.
6 (19) RECOMMEND REVOKING CERTIFICATES.--Recommend in
7 writing to the Department of Education the revoking of any
8 certificate for good cause, including a full statement of the
9 reason for the district school superintendent's
10 recommendation.
11 (20) MAKE RECORDS AVAILABLE TO SUCCESSOR.--Leave with
12 the district school board and make available to his or her
13 successor, upon retiring from office, a complete inventory of
14 school equipment and other property, together with all
15 official records and such other records as may be needed in
16 supervising instruction and in administering the district
17 school system.
18 (21) RECOMMEND PROCEDURES FOR INFORMING GENERAL
19 PUBLIC.--Recommend to the district school board procedures
20 whereby the general public can be adequately informed of the
21 educational programs, needs, and objectives of public
22 education within the district.
23 (22) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Recommend
24 procedures for implementing and maintaining a system of school
25 improvement and education accountability as provided by
26 statute and State Board of Education rule.
27 (23) OTHER DUTIES AND RESPONSIBILITIES.--Perform such
28 other duties as are assigned to the district school
29 superintendent by law or by rules of the State Board of
30 Education.
31
136
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 72. Section 1001.52, Florida Statutes, is
2 created to read:
3 1001.52 Reproduction and destruction of district
4 school records.--
5 (1) The purpose of this section is to reduce the
6 present space required by the district school systems for the
7 storage of their records and to permit the district school
8 superintendent to administer the affairs of the district
9 school system more efficiently.
10 (2) After complying with the provisions of s. 257.37,
11 the district school superintendent may photograph,
12 microphotograph, or reproduce documents, records, data, and
13 information of a permanent character which in his or her
14 discretion he or she may select, and the district school
15 superintendent may destroy any of the said documents after
16 they have been reproduced and after audit of the district
17 school superintendent's office has been completed for the
18 period embracing the dates of said instruments. Information
19 made in compliance with the provisions of this section shall
20 have the same force and effect as the originals thereof would
21 have, and shall be treated as originals for the purpose of
22 their admissibility into evidence. Duly certified or
23 authenticated reproductions shall be admitted into evidence
24 equally with the originals.
25 (3) After complying with the provisions of s. 257.37,
26 the district school superintendent may, in his or her
27 discretion, destroy general correspondence that is over 3
28 years old and other records, papers, and documents over 3
29 years old that do not serve as part of an agreement or
30 understanding and do not have value as permanent records.
31
137
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 73. Section 1001.53, Florida Statutes, is
2 created to read:
3 1001.53 District school superintendent responsible for
4 enforcement of attendance.--The district school superintendent
5 shall be responsible for the enforcement of the attendance
6 provisions of chapters 1003 and 1006. In a district in which
7 no attendance assistant is employed, the district school
8 superintendent shall have those duties and responsibilities
9 and exercise those powers assigned by law to attendance
10 assistants.
11 Section 74. Part II.c. of chapter 1001, Florida
12 Statutes, shall be entitled "School Principals" and shall
13 consist of s. 1001.54.
14 Section 75. Section 1001.54, Florida Statutes, is
15 created to read:
16 1001.54 Duties of school principals.--
17 (1) A district school board shall employ, through
18 written contract, public school principals. The school
19 principal has authority over school district personnel in
20 accordance with s. 1012.28.
21 (2) Each school principal shall provide leadership in
22 the development or revision and implementation of a school
23 improvement plan, pursuant to s. 1001.42(16).
24 (3) Each school principal must make the necessary
25 provisions to ensure that all school reports are accurate and
26 timely, and must provide the necessary training opportunities
27 for staff to accurately report attendance, FTE program
28 participation, student performance, teacher appraisal, and
29 school safety and discipline data.
30
31
138
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (4) Each school principal is responsible for the
2 management and care of instructional materials, in accordance
3 with the provisions of chapter 1006.
4 Section 76. Part III of chapter 1001, Florida
5 Statutes, shall be entitled "Community Colleges" and shall
6 consist of ss. 1001.61-1001.65.
7 Section 77. Section 1001.61, Florida Statutes, is
8 created to read:
9 1001.61 Community college boards of trustees;
10 membership.--
11 (1) Community college boards of trustees shall be
12 comprised of five members when a community college district is
13 confined to one school board district; seven members when a
14 community college district is confined to one school board
15 district and the board of trustees so elects; and not more
16 than nine members when the district contains two or more
17 school board districts, as provided by rules of the State
18 Board of Education. However, Florida Community College at
19 Jacksonville shall have an odd number of trustees.
20 (2) Trustees shall be appointed by the Governor and
21 confirmed by the Senate in regular session.
22 (3) Members of the board of trustees shall receive no
23 compensation but may receive reimbursement for expenses as
24 provided in s. 112.061.
25 (4) At its first regular meeting after July 1 of each
26 year, each community college board of trustees shall organize
27 by electing a chair, whose duty as such is to preside at all
28 meetings of the board, to call special meetings thereof, and
29 to attest to actions of the board, and a vice chair, whose
30 duty as such is to act as chair during the absence or
31 disability of the elected chair. It is the further duty of the
139
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 chair of each board of trustees to notify the Governor, in
2 writing, whenever a board member fails to attend three
3 consecutive regular board meetings in any one fiscal year,
4 which absences may be grounds for removal.
5 (5) A community college president shall serve as the
6 executive officer and corporate secretary of the board of
7 trustees and shall be responsible to the board of trustees for
8 setting the agenda for meetings of the board of trustees in
9 consultation with the chair. The president also serves as the
10 chief administrative officer of the community college, and all
11 the components of the institution and all aspects of its
12 operation are responsible to the board of trustees through the
13 president.
14 Section 78. Section 1001.62, Florida Statutes, is
15 created to read:
16 1001.62 Transfer of benefits arising under local or
17 special acts.--All local or special acts in force on July 1,
18 1968, that provide benefits for a community college through a
19 district school board shall continue in full force and effect,
20 and such benefits shall be transmitted to the community
21 college board of trustees.
22 Section 79. Section 1001.63, Florida Statutes, is
23 created to read:
24 1001.63 Community college board of trustees; board of
25 trustees to constitute a corporation.--Each community college
26 board of trustees is constituted a body corporate by the name
27 of "The District Board of Trustees of ...(name of community
28 college)..., Florida" with all the powers and duties of a body
29 corporate, including the power to adopt a corporate seal, to
30 contract and be contracted with, to sue or be sued, to plead
31 and be impleaded in all courts of law or equity, and to give
140
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 and receive donations. In all suits against a board of
2 trustees, service of process shall be made on the chair of the
3 board of trustees or, in the absence of the chair, the
4 corporate secretary or designee of the chair.
5 Section 80. Section 1001.64, Florida Statutes, is
6 created to read:
7 1001.64 Community college boards of trustees; powers
8 and duties.--
9 (1) The boards of trustees shall be responsible for
10 cost-effective policy decisions appropriate to the community
11 college's mission, the implementation and maintenance of
12 high-quality education programs within law and rules of the
13 State Board of Education, the measurement of performance, the
14 reporting of information, and the provision of input regarding
15 state policy, budgeting, and education standards.
16 (2) Each board of trustees is vested with the
17 responsibility to govern its respective community college and
18 with such necessary authority as is needed for the proper
19 operation and improvement thereof in accordance with rules of
20 the State Board of Education.
21 (3) A board of trustees shall have the power to take
22 action without a recommendation from the president and shall
23 have the power to require the president to deliver to the
24 board of trustees all data and information required by the
25 board of trustees in the performance of its duties.
26 (4)(a) The board of trustees, after considering
27 recommendations submitted by the community college president,
28 may adopt rules pursuant to ss. 120.536(1) and 120.54 to
29 implement the provisions of law conferring duties upon it.
30 These rules may supplement those prescribed by the State Board
31
141
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 of Education if they will contribute to the more orderly and
2 efficient operation of community colleges.
3 (b) Each board of trustees is specifically authorized
4 to adopt rules, procedures, and policies, consistent with law
5 and rules of the State Board of Education, related to its
6 mission and responsibilities as set forth in s. 1004.65, its
7 governance, personnel, budget and finance, administration,
8 programs, curriculum and instruction, buildings and grounds,
9 travel and purchasing, technology, students, contracts and
10 grants, or college property.
11 (5) Each board of trustees shall have responsibility
12 for the use, maintenance, protection, and control of community
13 college owned or community college controlled buildings and
14 grounds, property and equipment, name, trademarks and other
15 proprietary marks, and the financial and other resources of
16 the community college. Such authority may include placing
17 restrictions on activities and on access to facilities,
18 firearms, food, tobacco, alcoholic beverages, distribution of
19 printed materials, commercial solicitation, animals, and
20 sound.
21 (6) Each board of trustees has responsibility for the
22 establishment and discontinuance of program and course
23 offerings in accordance with law and rule; provision for
24 instructional and noninstructional community services,
25 location of classes, and services provided; and dissemination
26 of information concerning such programs and services. New
27 programs must be approved pursuant to s. 1004.03.
28 (7) Each board of trustees has responsibility for:
29 ensuring that students have access to general education
30 courses as identified in rule; requiring no more than 60
31 semester hours of degree program coursework, including 36
142
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 semester hours of general education coursework, for an
2 associate in arts degree; notifying students that earned hours
3 in excess of 60 semester hours may not be accepted by state
4 universities; notifying students of unique program
5 prerequisites; and ensuring that degree program coursework
6 beyond general education coursework is consistent with degree
7 program prerequisite requirements adopted pursuant to s.
8 1007.25(5).
9 (8) Each board of trustees has authority for policies
10 related to students, enrollment of students, student records,
11 student activities, financial assistance, and other student
12 services.
13 (a) Each board of trustees shall govern admission of
14 students pursuant to s. 1007.263 and rules of the State Board
15 of Education. A board of trustees may establish additional
16 admissions criteria, which shall be included in the district
17 interinstitutional articulation agreement developed according
18 to s. 1007.235, to ensure student readiness for postsecondary
19 instruction. Each board of trustees may consider the past
20 actions of any person applying for admission or enrollment and
21 may deny admission or enrollment to an applicant because of
22 misconduct if determined to be in the best interest of the
23 community college.
24 (b) Each board of trustees shall adopt rules
25 establishing student performance standards for the award of
26 degrees and certificates pursuant to s. 1004.68.
27 (c) Boards of trustees are authorized to establish
28 intrainstitutional and interinstitutional programs to maximize
29 articulation pursuant to s. 1007.22.
30 (d) Boards of trustees shall identify their core
31 curricula, which shall include courses required by the State
143
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Board of Education, pursuant to the provisions of s.
2 1007.25(6).
3 (e) Each board of trustees must adopt a written
4 antihazing policy, provide a program for the enforcement of
5 such rules, and adopt appropriate penalties for violations of
6 such rules pursuant to the provisions of s. 1006.63(1)-(3).
7 (f) Each board of trustees may establish a uniform
8 code of conduct and appropriate penalties for violation of its
9 rules by students and student organizations, including rules
10 governing student academic honesty. Such penalties, unless
11 otherwise provided by law, may include fines, the withholding
12 of diplomas or transcripts pending compliance with rules or
13 payment of fines, and the imposition of probation, suspension,
14 or dismissal.
15 (g) Each board of trustees pursuant to s. 1006.53
16 shall adopt a policy in accordance with rules of the State
17 Board of Education that reasonably accommodates the religious
18 observance, practice, and belief of individual students in
19 regard to admissions, class attendance, and the scheduling of
20 examinations and work assignments.
21 (9) A board of trustees may contract with the board of
22 trustees of a state university for the community college to
23 provide college-preparatory instruction on the state
24 university campus.
25 (10) Each board of trustees shall establish fees
26 pursuant to ss. 1009.22, 1009.23, 1009.25, 1009.26, and
27 1009.27.
28 (11) Each board of trustees shall submit an
29 institutional budget request, including a request for fixed
30 capital outlay, and an operating budget to the State Board of
31
144
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Education for approval in accordance with guidelines
2 established by the State Board of Education.
3 (12) Each board of trustees shall account for
4 expenditures of all state, local, federal and other funds in
5 the manner described by the Department of Education.
6 (13) Each board of trustees is responsible for the
7 uses for the proceeds of academic improvement trust funds
8 pursuant to s. 1011.85.
9 (14) Each board of trustees shall develop a strategic
10 plan specifying institutional goals and objectives for the
11 community college for recommendation to the State Board of
12 Education.
13 (15) Each board of trustees shall develop an
14 accountability plan pursuant to s. 1008.45.
15 (16) Each board of trustees must expend performance
16 funds provided for workforce development education pursuant to
17 the provisions of s. 1011.80.
18 (17) Each board of trustees is accountable for
19 performance in certificate career education and diploma
20 programs pursuant to s. 1008.44.
21 (18) Each board of trustees shall establish the
22 personnel program for all employees of the community college,
23 including the president, pursuant to the provisions of chapter
24 1012 and rules and guidelines of the State Board of Education,
25 including: compensation and other conditions of employment;
26 recruitment and selection; nonreappointment; standards for
27 performance and conduct; evaluation; benefits and hours of
28 work; leave policies; recognition; inventions and work
29 products; travel; learning opportunities; exchange programs;
30 academic freedom and responsibility; promotion; assignment;
31 demotion; transfer; ethical obligations and conflict of
145
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 interest; restrictive covenants; disciplinary actions;
2 complaints; appeals and grievance procedures; and separation
3 and termination from employment.
4 (19) Each board of trustees shall appoint, suspend, or
5 remove the president of the community college. The board of
6 trustees may appoint a search committee. The board of trustees
7 shall conduct annual evaluations of the president in
8 accordance with rules of the State Board of Education and
9 submit such evaluations to the State Board of Education for
10 review. The evaluation must address the achievement of the
11 performance goals established by the accountability process
12 implemented pursuant to s. 1008.45 and the performance of the
13 president in achieving the annual and long-term goals and
14 objectives established in the community college's employment
15 accountability program implemented pursuant to s. 1012.86.
16 (20) Each board of trustees is authorized to enter
17 into contracts to provide a State Community College System
18 Optional Retirement Program pursuant to s. 1012.875 and to
19 enter into consortia with other boards of trustees for this
20 purpose.
21 (21) Each board of trustees is authorized to purchase
22 annuities for its community college personnel who have 25 or
23 more years of creditable service and who have reached age 55
24 and have applied for retirement under the Florida Retirement
25 System pursuant to the provisions of s. 1012.87.
26 (22) A board of trustees may defray all costs of
27 defending civil actions against officers, employees, or agents
28 of the board of trustees pursuant to s. 1012.85.
29 (23) Each board of trustees has authority for risk
30 management, safety, security, and law enforcement operations.
31 Each board of trustees is authorized to employ personnel,
146
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 including police officers pursuant to s. 1012.88, to carry out
2 the duties imposed by this subsection.
3 (24) Each board of trustees shall provide rules
4 governing parking and the direction and flow of traffic within
5 campus boundaries. Except for sworn law enforcement personnel,
6 persons employed to enforce campus parking rules have no
7 authority to arrest or issue citations for moving traffic
8 violations. The board of trustees may adopt a uniform code of
9 appropriate penalties for violations. Such penalties, unless
10 otherwise provided by law, may include the levying of fines,
11 the withholding of diplomas or transcripts pending compliance
12 with rules or payment of fines, and the imposition of
13 probation, suspension, or dismissal. Moneys collected from
14 parking rule infractions shall be deposited in appropriate
15 funds at each community college for student financial aid
16 purposes.
17 (25) Each board of trustees constitutes the
18 contracting agent of the community college. It may when acting
19 as a body make contracts, sue, and be sued in the name of the
20 board of trustees. In any suit, a change in personnel of the
21 board of trustees shall not abate the suit, which shall
22 proceed as if such change had not taken place.
23 (26) Each board of trustees is authorized to contract
24 for the purchase, sale, lease, license, or acquisition in any
25 manner (including purchase by installment or lease-purchase
26 contract which may provide for the payment of interest on the
27 unpaid portion of the purchase price and for the granting of a
28 security interest in the items purchased) of goods, materials,
29 equipment, and services required by the community college. The
30 board of trustees may choose to consolidate equipment
31
147
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 contracts under master equipment financing agreements made
2 pursuant to s. 287.064.
3 (27) Each board of trustees shall be responsible for
4 managing and protecting real and personal property acquired or
5 held in trust for use by and for the benefit of such community
6 college. To that end, any board of trustees is authorized to
7 be self-insured, to enter into risk management programs, or to
8 purchase insurance for whatever coverage it may choose, or to
9 have any combination thereof, in anticipation of any loss,
10 damage, or destruction. A board of trustees may contract for
11 self-insurance services pursuant to s. 1004.725.
12 (28) Each board of trustees is authorized to enter
13 into agreements for, and accept, credit card, charge card, and
14 debit card payments as compensation for goods, services,
15 tuition, and fees. Each community college is further
16 authorized to establish accounts in credit card, charge card,
17 and debit card banks for the deposit of sales invoices.
18 (29) Each board of trustees may provide incubator
19 facilities to eligible small business concerns pursuant to s.
20 1004.79.
21 (30) Each board of trustees may establish a technology
22 transfer center for the purpose of providing institutional
23 support to local business and industry and governmental
24 agencies in the application of new research in technology
25 pursuant to the provisions of s. 1004.78.
26 (31) Each board of trustees may establish economic
27 development centers for the purpose of serving as liaisons
28 between community colleges and the business sector pursuant to
29 the provisions of s. 1004.80.
30 (32) Each board of trustees may establish a child
31 development training center pursuant to s. 1004.81.
148
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (33) Each board of trustees is authorized to develop
2 and produce work products relating to educational endeavors
3 that are subject to trademark, copyright, or patent statutes
4 pursuant to chapter 1004.
5 (34) Each board of trustees shall administer the
6 facilities program pursuant to chapter 1013, including but not
7 limited to: the construction of public educational and
8 ancillary plants; the acquisition and disposal of property;
9 compliance with building and life safety codes; submission of
10 data and information relating to facilities and construction;
11 use of buildings and grounds; establishment of safety and
12 sanitation programs for the protection of building occupants;
13 and site planning and selection.
14 (35) Each board of trustees may exercise the right of
15 eminent domain pursuant to the provisions of chapter 1013.
16 (36) Each board of trustees may enter into
17 lease-purchase arrangements with private individuals or
18 corporations for necessary grounds and buildings for community
19 college purposes, other than dormitories, or for buildings
20 other than dormitories to be erected for community college
21 purposes. Such arrangements shall be paid from capital outlay
22 and debt service funds as provided by s. 1011.84(2), with
23 terms not to exceed 30 years at a stipulated rate. The
24 provisions of such contracts, including building plans, are
25 subject to approval by the Department of Education, and no
26 such contract may be entered into without such approval.
27 (37) Each board of trustees may purchase, acquire,
28 receive, hold, own, manage, lease, sell, dispose of, and
29 convey title to real property, in the best interests of the
30 community college.
31
149
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (38) Each board of trustees is authorized to borrow
2 funds and incur debt, including entering into lease-purchase
3 agreements and the issuance of revenue bonds as specifically
4 authorized and only for the purposes authorized in ss.
5 1009.22(6) and (9) and 1009.23(11) and (12). At the option of
6 the board of trustees, bonds may be issued which are secured
7 by a combination of revenues authorized to be pledged to bonds
8 pursuant to ss. 1009.22(6) and 1009.23(11) or ss. 1009.22(9)
9 and 1009.23(12). Lease-purchase agreements may be secured by a
10 combination of revenues as specifically authorized pursuant to
11 ss. 1009.22(7) and 1009.23(10).
12 (39) Each board of trustees shall prescribe conditions
13 for direct-support organizations to be certified and to use
14 community college property and services. Conditions relating
15 to certification must provide for audit review and oversight
16 by the board of trustees.
17 (40) Each board of trustees may adopt policies
18 pursuant to s. 1010.02 that provide procedures for
19 transferring to the direct-support organization of that
20 community college for administration by such organization
21 contributions made to the community college.
22 (41) The board of trustees shall exert every effort to
23 collect all delinquent accounts pursuant to s. 1010.03.
24 (42) Each board of trustees shall implement a plan, in
25 accordance with guidelines of the State Board of Education,
26 for working on a regular basis with the other community
27 college boards of trustees, representatives of the university
28 boards of trustees, and representatives of the district school
29 boards to achieve the goals of the seamless education system.
30
31
150
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (43) Each board of trustees has responsibility for
2 compliance with state and federal laws, rules, regulations,
3 and requirements.
4 (44) Each board of trustees may adopt rules,
5 procedures, and policies related to institutional governance,
6 administration, and management in order to promote orderly and
7 efficient operation, including, but not limited to, financial
8 management, budget management, physical plant management, and
9 property management.
10 (45) Each board of trustees may adopt rules and
11 procedures related to data or technology, including, but not
12 limited to, information systems, communications systems,
13 computer hardware and software, and networks.
14 (46) Each board of trustees may consider the past
15 actions of any person applying for employment and may deny
16 employment to a person because of misconduct if determined to
17 be in the best interest of the community college.
18 Section 81. Section 1001.65, Florida Statutes, is
19 created to read:
20 1001.65 Community college presidents; powers and
21 duties.--The president is the chief executive officer of the
22 community college, shall be corporate secretary of the
23 community college board of trustees, and is responsible for
24 the operation and administration of the community college.
25 Each community college president shall:
26 (1) Recommend the adoption of rules, as appropriate,
27 to the community college board of trustees to implement
28 provisions of law governing the operation and administration
29 of the community college, which shall include the specific
30 powers and duties enumerated in this section. Such rules shall
31
151
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 be consistent with law, the mission of the community college
2 and the rules and policies of the State Board of Education.
3 (2) Prepare a budget request and an operating budget
4 pursuant to s. 1011.30 for approval by the community college
5 board of trustees at such time and in such format as the State
6 Board of Education may prescribe.
7 (3) Establish and implement policies and procedures to
8 recruit, appoint, transfer, promote, compensate, evaluate,
9 reward, demote, discipline, and remove personnel, within law
10 and rules of the State Board of Education and in accordance
11 with rules or policies approved by the community college board
12 of trustees.
13 (4) Govern admissions, subject to law and rules or
14 policies of the community college board of trustees and the
15 State Board of Education.
16 (5) Approve, execute, and administer contracts for and
17 on behalf of the community college board of trustees for
18 licenses; the acquisition or provision of commodities, goods,
19 equipment, and services; leases of real and personal property;
20 and planning and construction to be rendered to or by the
21 community college, provided such contracts are within law and
22 guidelines of the State Board of Education and in conformance
23 with policies of the community college board of trustees, and
24 are for the implementation of approved programs of the
25 community college.
26 (6) Act for the community college board of trustees as
27 custodian of all community college property and financial
28 resources. The authority vested in the community college
29 president under this subsection includes the authority to
30 prioritize the use of community college space, property,
31
152
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 equipment, and resources and the authority to impose charges
2 for the use of those items.
3 (7) Establish the internal academic calendar of the
4 community college within general guidelines of the State Board
5 of Education.
6 (8) Administer the community college's program of
7 intercollegiate athletics.
8 (9) Recommend to the board of trustees the
9 establishment and termination of programs within the approved
10 role and scope of the community college.
11 (10) Award degrees.
12 (11) Recommend to the board of trustees a schedule of
13 tuition and fees to be charged by the community college,
14 within law and rules of the State Board of Education.
15 (12) Organize the community college to efficiently and
16 effectively achieve the goals of the community college.
17 (13) Review periodically the operations of the
18 community college in order to determine how effectively and
19 efficiently the community college is being administered and
20 whether it is meeting the goals of its strategic plan adopted
21 by the State Board of Education.
22 (14) Enter into agreements for student exchange
23 programs that involve students at the community college and
24 students in other institutions of higher learning.
25 (15) Approve the internal procedures of student
26 government organizations and provide purchasing, contracting,
27 and budgetary review processes for these organizations.
28 (16) Ensure compliance with federal and state laws,
29 rules, regulations, and other requirements that are applicable
30 to the community college.
31
153
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (17) Maintain all data and information pertaining to
2 the operation of the community college, and report on the
3 attainment by the community college of institutional and
4 statewide performance accountability goals.
5 (18) Certify to the department a project's compliance
6 with the requirements for expenditure of PECO funds prior to
7 release of funds pursuant to the provisions of chapter 1013.
8 (19) Provide to the law enforcement agency and fire
9 department that has jurisdiction over the community college a
10 copy of the floor plans and other relevant documents for each
11 educational facility as defined in s. 1013.01(6). After the
12 initial submission of the floor plans and other relevant
13 documents, the community college president shall submit, by
14 October 1 of each year, revised floor plans and other relevant
15 documents for each educational facility that was modified
16 during the preceding year.
17 (20) Establish a committee to consider requests for
18 waivers from the provisions of s. 1008.29 and approve or
19 disapprove the committee's recommendations.
20 (21) Develop and implement jointly with school
21 superintendents a comprehensive articulated acceleration
22 program, including a comprehensive interinstitutional
23 articulation agreement, for the students enrolled in their
24 respective school districts and service areas pursuant to the
25 provisions of s. 1007.235.
26 (22) Have authority, after notice to the student of
27 the charges and after a hearing thereon, to expel, suspend, or
28 otherwise discipline any student who is found to have violated
29 any law, ordinance, or rule or regulation of the State Board
30 of Education or of the board of trustees of the community
31 college pursuant to the provisions of s. 1006.62.
154
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (23) Submit an annual employment accountability plan
2 to the Department of Education pursuant to the provisions of
3 s. 1012.86.
4 (24) Annually evaluate, or have a designee annually
5 evaluate, each department chairperson, dean, provost, and vice
6 president in achieving the annual and long-term goals and
7 objectives of the community college's employment
8 accountability plan.
9 (25) Have vested with the president or the president's
10 designee the authority that is vested with the community
11 college.
12 Section 82. Part IV of chapter 1001, Florida Statutes,
13 shall be entitled "State Universities" and shall consist of
14 ss. 1001.71-1001.75.
15 Section 83. Section 1001.71, Florida Statutes, is
16 created to read:
17 1001.71 University boards of trustees; membership.--
18 (1) University boards of trustees shall be comprised
19 of 12 members appointed by the Governor and confirmed by the
20 Senate in the regular legislative session immediately
21 following his or her appointment. In addition, the student
22 body president elected on the main campus of the university
23 shall serve ex officio as a voting member of his or her
24 university board of trustees. There shall be no state
25 residency requirement for university board members, but the
26 Governor shall consider diversity and regional representation.
27 (2) Members of the boards of trustees shall receive no
28 compensation but may be reimbursed for travel and per diem
29 expenses as provided in s. 112.061.
30 (3) The Governor may remove a trustee upon the
31 recommendation of the State Board of Education, or for cause.
155
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (4) Boards of trustees' members shall be appointed for
2 staggered 4-year terms, and may be reappointed for additional
3 terms not to exceed 8 years of service.
4 (5) Each board of trustees shall select its chair and
5 vice chair from the appointed members at its first regular
6 meeting after July 1. The chair shall serve for 2 years and
7 may be reselected for one additional consecutive term. The
8 duties of the chair shall include presiding at all meetings of
9 the board of trustees, calling special meetings of the board
10 of trustees, attesting to actions of the board of trustees,
11 and notifying the Governor in writing whenever a board member
12 fails to attend three consecutive regular board meetings in
13 any fiscal year, which failure may be grounds for removal. The
14 duty of the vice chair is to act as chair during the absence
15 or disability of the chair.
16 (6) The university president shall serve as executive
17 officer and corporate secretary of the board of trustees and
18 shall be responsible to the board of trustees for all
19 operations of the university and for setting the agenda for
20 meetings of the board of trustees in consultation with the
21 chair.
22 Section 84. Section 1001.72, Florida Statutes, is
23 created to read:
24 1001.72 University boards of trustees; boards to
25 constitute a corporation.--
26 (1) Each board of trustees shall be a public body
27 corporate by the name of "The (name of university) Board of
28 Trustees," with all the powers of a body corporate, including
29 the power to adopt a corporate seal, to contract and be
30 contracted with, to sue and be sued, to plead and be impleaded
31 in all courts of law or equity, and to give and receive
156
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 donations. In all suits against a board of trustees, service
2 of process shall be made on the chair of the board of trustees
3 or, in the absence of the chair, on the corporate secretary or
4 designee.
5 (2) It is the intent of the Legislature that the
6 university boards of trustees are not departments of the
7 executive branch of state government within the scope and
8 meaning of s. 6, Art. IV of the State Constitution.
9 (3) The corporation is constituted as a public
10 instrumentality, and the exercise by the corporation of the
11 power conferred by this section is considered to be the
12 performance of an essential public function. The corporation
13 shall constitute an agency for the purposes of s. 120.52. The
14 corporation is subject to chapter 119, subject to exceptions
15 applicable to the corporation, and to the provisions of
16 chapter 286; however, the corporation shall be entitled to
17 provide notice of internal review committee meetings for
18 competitive proposals or procurement to applicants by mail or
19 facsimile rather than by means of publication. The corporation
20 is not governed by chapter 607, but by the provisions of this
21 part. The corporation shall maintain coverage under the State
22 Risk Management Trust Fund as provided in chapter 284.
23 (4) No bureau, department, division, agency, or
24 subdivision of the state shall exercise any responsibility and
25 authority to operate any state university except as
26 specifically provided by law or rules of the State Board of
27 Education. This section shall not prohibit any department,
28 bureau, division, agency, or subdivision of the state from
29 providing access to programs or systems or providing other
30 assistance to a state university pursuant to an agreement
31
157
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 between the board of trustees and such department, bureau,
2 division, agency, or subdivision of the state.
3 (5) University boards of trustees shall be
4 corporations primarily acting as instrumentalities or agencies
5 of the state, pursuant to s. 768.28(2), for purposes of
6 sovereign immunity.
7 Section 85. Section 1001.73, Florida Statutes, is
8 created to read:
9 1001.73 University board empowered to act as
10 trustee.--
11 (1) Whenever appointed by any competent court of the
12 state, or by any statute, or in any will, deed, or other
13 instrument, or in any manner whatever as trustee of any funds
14 or real or personal property in which any of the institutions
15 or agencies under its management, control, or supervision, or
16 their departments or branches or students, faculty members,
17 officers, or employees, may be interested as beneficiaries, or
18 otherwise, or for any educational purpose, a university board
19 of trustees is hereby authorized to act as trustee with full
20 legal capacity as trustee to administer such trust property,
21 and the title thereto shall vest in said board as trustee. In
22 all such cases, the university board of trustees shall have
23 the power and capacity to do and perform all things as fully
24 as any individual trustee or other competent trustee might do
25 or perform, and with the same rights, privileges, and duties,
26 including the power, capacity, and authority to convey,
27 transfer, mortgage, or pledge such property held in trust and
28 to contract and execute all other documents relating to said
29 trust property which may be required for, or appropriate to,
30 the administration of such trust or to accomplish the purposes
31 of any such trust.
158
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (2) Deeds, mortgages, leases, and other contracts of
2 the university board of trustees relating to real property of
3 any such trust or any interest therein may be executed by the
4 university board of trustees, as trustee, in the same manner
5 as is provided by the laws of the state for the execution of
6 similar documents by other corporations or may be executed by
7 the signatures of a majority of the members of the board of
8 trustees; however, to be effective, any such deed, mortgage,
9 or lease contract for more than 10 years of any trust
10 property, executed hereafter by the university board of
11 trustees, shall be approved by a resolution of the State Board
12 of Education; and such approving resolution may be evidenced
13 by the signature of either the chair or the secretary of the
14 State Board of Education to an endorsement on the instrument
15 approved, reciting the date of such approval, and bearing the
16 seal of the State Board of Education. Such signed and sealed
17 endorsement shall be a part of the instrument and entitled to
18 record without further proof.
19 (3) Any and all such appointments of, and acts by, the
20 Board of Regents as trustee of any estate, fund, or property
21 prior to May 18, 1949, are hereby validated, and said board's
22 capacity and authority to act as trustee subject to the
23 provisions of s. 1000.01(5)(a) in all of such cases is
24 ratified and confirmed; and all deeds, conveyances, lease
25 contracts, and other contracts heretofore executed by the
26 Board of Regents, either by the signatures of a majority of
27 the members of the board or in the board's name by its chair
28 or chief executive officer, are hereby approved, ratified,
29 confirmed, and validated.
30 (4) Nothing herein shall be construed to authorize a
31 university board of trustees to contract a debt on behalf of,
159
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 or in any way to obligate, the state; and the satisfaction of
2 any debt or obligation incurred by the university board as
3 trustee under the provisions of this section shall be
4 exclusively from the trust property, mortgaged or encumbered;
5 and nothing herein shall in any manner affect or relate to the
6 provisions of ss. 1010.61-1010.619, or s. 1013.78.
7 Section 86. Section 1001.74, Florida Statutes, is
8 created to read:
9 1001.74 Powers and duties of university boards of
10 trustees.--
11 (1) The boards of trustees shall be responsible for
12 cost-effective policy decisions appropriate to the
13 university's mission, the implementation and maintenance of
14 high quality education programs within law and rules of the
15 State Board of Education, the measurement of performance, the
16 reporting of information, and the provision of input regarding
17 state policy, budgeting, and education standards.
18 (2) Each board of trustees is vested with the
19 authority to govern its university, as necessary to provide
20 proper governance and improvement of the university in
21 accordance with law and with rules of the State Board of
22 Education. Each board of trustees shall perform all duties
23 assigned by law or by rule of the State Board of Education or
24 the Commissioner of Education.
25 (3) A board of trustees shall have the power to take
26 action without a recommendation from the president and shall
27 have the power to require the president to deliver to the
28 board of trustees all data and information required by the
29 board of trustees in the performance of its duties.
30 (4) Each board of trustees may adopt rules pursuant to
31 ss. 120.536(1) and 120.54 to implement the provisions of law
160
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 conferring duties upon it. Such rules must be consistent with
2 rules of the State Board of Education.
3 (5) Each board of trustees shall have the authority to
4 acquire real and personal property and contract for the sale
5 and disposal of same and approve and execute contracts for the
6 purchase, sale, lease, license, or acquisition of commodities,
7 goods, equipment, contractual services, leases of real and
8 personal property, and construction. The acquisition may
9 include purchase by installment or lease-purchase. Such
10 contracts may provide for payment of interest on the unpaid
11 portion of the purchase price. Title to all real property
12 acquired prior to January 7, 2003, and to all real property
13 acquired with funds appropriated by the Legislature shall be
14 vested in the Board of Trustees of the Internal Improvement
15 Trust Fund and shall be transferred and conveyed by it.
16 Notwithstanding any other provisions of this subsection, each
17 board of trustees shall comply with the provisions of s.
18 287.055 for the procurement of professional services as
19 defined therein.
20 (6) Each board of trustees shall have responsibility
21 for the use, maintenance, protection, and control of
22 university-owned or university-controlled buildings and
23 grounds, property and equipment, name, trademarks and other
24 proprietary marks, and the financial and other resources of
25 the university. Such authority may include placing
26 restrictions on activities and on access to facilities,
27 firearms, food, tobacco, alcoholic beverages, distribution of
28 printed materials, commercial solicitation, animals, and
29 sound. The authority vested in the board of trustees in this
30 subsection includes the prioritization of the use of space,
31
161
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 property, equipment, and resources and the imposition of
2 charges for those items.
3 (7) Each board of trustees has responsibility for the
4 establishment and discontinuance of degree programs up to and
5 including the master's degree level; the establishment and
6 discontinuance of course offerings; provision of credit and
7 noncredit educational offerings; location of classes; services
8 provided; and dissemination of information concerning such
9 programs and services. Approval of new programs must be
10 pursuant to criteria established by the State Board of
11 Education.
12 (8) Each board of trustees is authorized to create
13 divisions of sponsored research pursuant to the provisions of
14 s. 1011.411 to serve the function of administration and
15 promotion of the programs of research.
16 (9) Each board of trustees has responsibility for:
17 ensuring that students have access to general education
18 courses as identified in rule and requiring no more than 120
19 semester hours of coursework for baccalaureate degree programs
20 unless approved by the State Board of Education. At least half
21 of the required coursework for any baccalaureate degree must
22 be offered at the lower-division level, except in program
23 areas approved by the State Board of Education.
24 (10) Each board of trustees has responsibility for
25 policies related to students, enrollment of students, student
26 activities and organizations, financial assistance, and other
27 student services.
28 (a) Each board of trustees shall govern admission of
29 students pursuant to s. 1007.261 and rules of the State Board
30 of Education. Each board of trustees may consider the past
31 actions of any person applying for admission or enrollment and
162
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 may deny admission or enrollment to an applicant because of
2 misconduct if determined to be in the best interest of the
3 university.
4 (b) Each board of trustees shall establish student
5 performance standards for the award of degrees and
6 certificates.
7 (c) Each board of trustees must identify its core
8 curricula and work with school districts to ensure that its
9 curricula coordinate with the core curricula and prepare
10 students for college-level work.
11 (d) Each board of trustees must adopt a written
12 antihazing policy, appropriate penalties for violations of
13 such policy, and a program for enforcing such policy.
14 (e) Each board of trustees may establish a uniform
15 code of conduct and appropriate penalties for violations of
16 its rules by students and student organizations, including
17 rules governing student academic honesty. Such penalties,
18 unless otherwise provided by law, may include fines, the
19 withholding of diplomas or transcripts pending compliance with
20 rules or payment of fines, and the imposition of probation,
21 suspension, or dismissal.
22 (f) Each board of trustees shall establish a
23 committee, at least one-half of the members of which shall be
24 students appointed by the student body president, to
25 periodically review and evaluate the student judicial system.
26 (g) Each board of trustees must adopt a policy
27 pursuant to s. 1006.53 that reasonably accommodates the
28 religious observance, practice, and belief of individual
29 students in regard to admissions, class attendance, and the
30 scheduling of examinations and work assignments.
31
163
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (h) A board of trustees may establish
2 intrainstitutional and interinstitutional programs to maximize
3 articulation pursuant to s. 1007.22.
4 (i) Each board of trustees shall approve the internal
5 procedures of student government organizations.
6 (11) Each board of trustees shall establish fees
7 pursuant to ss. 1009.24 and 1009.26.
8 (12) Each board of trustees shall submit an
9 institutional budget request, including a request for fixed
10 capital outlay, and an operating budget to the State Board of
11 Education for approval in accordance with guidelines
12 established by the State Board of Education.
13 (13) Each board of trustees shall account for
14 expenditures of all state, local, federal, and other funds in
15 the manner described by the Department of Education.
16 (14) Each board of trustees shall develop a strategic
17 plan specifying institutional goals and objectives for the
18 university for recommendation to the State Board of Education.
19 (15) Each board of trustees shall develop an
20 accountability plan pursuant to guidelines established by the
21 State Board of Education.
22 (16) Each board of trustees shall maintain an
23 effective information system to provide accurate, timely, and
24 cost-effective information about the university.
25 (17) Each board of trustees is authorized to secure
26 comprehensive general liability insurance pursuant to s.
27 1004.24.
28 (18) Each board of trustees may provide for payment of
29 the costs of civil actions against officers, employees, or
30 agents of the board pursuant to s. 1012.965.
31
164
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (19) Each board of trustees shall establish the
2 personnel program for all employees of the university,
3 including the president, pursuant to the provisions of chapter
4 1012 and, in accordance with rules and guidelines of the State
5 Board of Education, including: compensation and other
6 conditions of employment, recruitment and selection,
7 nonreappointment, standards for performance and conduct,
8 evaluation, benefits and hours of work, leave policies,
9 recognition and awards, inventions and works, travel, learning
10 opportunities, exchange programs, academic freedom and
11 responsibility, promotion, assignment, demotion, transfer,
12 tenure and permanent status, ethical obligations and conflicts
13 of interest, restrictive covenants, disciplinary actions,
14 complaints, appeals and grievance procedures, and separation
15 and termination from employment. The Department of Management
16 Services shall retain authority over state university
17 employees for programs established in ss. 110.123, 110.1232,
18 110.1234, and 110.1238 and in chapters 121, 122, and 238.
19 (20) Each board of trustees may consider the past
20 actions of any person applying for employment and may deny
21 employment to a person because of misconduct if determined to
22 be in the best interest of the university.
23 (21) Each board of trustees shall appoint a
24 presidential search committee to make recommendations to the
25 full board of trustees, from which the board of trustees may
26 select a candidate for ratification by the State Board of
27 Education.
28 (22) Each board of trustees shall conduct an annual
29 evaluation of the president in accordance with rules of the
30 State Board of Education and submit such evaluations to the
31 State Board of Education for review. The evaluation must
165
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 address the achievement of the performance goals established
2 by the accountability process implemented pursuant to s.
3 1008.46 and the performance of the president in achieving the
4 annual and long-term goals and objectives established in the
5 institution's employment equity accountability program
6 implemented pursuant to s. 1012.95.
7 (23) Each board of trustees constitutes the
8 contracting agent of the university.
9 (24) Each board of trustees may enter into agreements
10 for, and accept, credit card payments as compensation for
11 goods, services, tuition, and fees.
12 (25) Each board of trustees may establish educational
13 research centers for child development pursuant to s. 1011.48.
14 (26) Each board of trustees may develop and produce
15 work products relating to educational endeavors that are
16 subject to trademark, copyright, or patent statutes pursuant
17 to s. 1004.23.
18 (27) Each board of trustees shall submit to the State
19 Board of Education, for approval, all new campuses and
20 instructional centers.
21 (28) Each board of trustees shall administer a program
22 for the maintenance and construction of facilities pursuant to
23 chapter 1013.
24 (29) Each board of trustees shall ensure compliance
25 with the provisions of s. 287.09451 for all procurement and
26 ss. 255.101 and 255.102 for construction contracts, and rules
27 adopted pursuant thereto, relating to the utilization of
28 minority business enterprises, except that procurements
29 costing less than the amount provided for in CATEGORY FIVE as
30 provided in s. 287.017 shall not be subject to s. 287.09451.
31
166
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (30) Each board of trustees may exercise the right of
2 eminent domain pursuant to the provisions of chapter 1013. Any
3 suits or actions brought by the board of trustees shall be
4 brought in the name of the board of trustees, and the
5 Department of Legal Affairs shall conduct the proceedings for,
6 and act as the counsel of, the board of trustees.
7 (31) Notwithstanding the provisions of s. 253.025,
8 each board of trustees may, with the consent of the Board of
9 Trustees of the Internal Improvement Trust Fund, sell, convey,
10 transfer, exchange, trade, or purchase real property and
11 related improvements necessary and desirable to serve the
12 needs and purposes of the university.
13 (a) The board of trustees may secure appraisals and
14 surveys. The board of trustees shall comply with the rules of
15 the Board of Trustees of the Internal Improvement Trust Fund
16 in securing appraisals. Whenever the board of trustees finds
17 it necessary for timely property acquisition, it may contract,
18 without the need for competitive selection, with one or more
19 appraisers whose names are contained on the list of approved
20 appraisers maintained by the Division of State Lands in the
21 Department of Environmental Protection.
22 (b) The board of trustees may negotiate and enter into
23 an option contract before an appraisal is obtained. The option
24 contract must state that the final purchase price may not
25 exceed the maximum value allowed by law. The consideration for
26 such an option contract may not exceed 10 percent of the
27 estimate obtained by the board of trustees or 10 percent of
28 the value of the parcel, whichever is greater, unless
29 otherwise authorized by the board of trustees.
30 (c) This subsection is not intended to abrogate in any
31 manner the authority delegated to the Board of Trustees of the
167
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Internal Improvement Trust Fund or the Division of State Lands
2 to approve a contract for purchase of state lands or to
3 require policies and procedures to obtain clear legal title to
4 parcels purchased for state purposes. Title to property
5 acquired by a university board of trustees prior to January 7,
6 2003, and to property acquired with funds appropriated by the
7 Legislature shall vest in the Board of Trustees of the
8 Internal Improvement Trust Fund.
9 (32) Each board of trustees shall prepare and adopt a
10 campus master plan pursuant to s. 1013.30.
11 (33) Each board of trustees shall prepare, adopt, and
12 execute a campus development agreement pursuant to s. 1013.30.
13 (34) Each board of trustees has responsibility for
14 compliance with state and federal laws, rules, regulations,
15 and requirements.
16 (35) Each board of trustees may govern traffic on the
17 grounds of that campus pursuant to s. 1006.66.
18 (36) A board of trustees has responsibility for
19 supervising faculty practice plans for the academic health
20 science centers.
21 (37) Each board of trustees shall prescribe conditions
22 for direct-support organizations and university health
23 services support organizations to be certified and to use
24 university property and services. Conditions relating to
25 certification must provide for audit review and oversight by
26 the board of trustees.
27 (38) Each board of trustees shall actively implement a
28 plan, in accordance with guidelines of the State Board of
29 Education, for working on a regular basis with the other
30 university boards of trustees, representatives of the
31 community college boards of trustees, and representatives of
168
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 the district school boards, to achieve the goals of the
2 seamless education system.
3 (39) Notwithstanding the provisions of s. 216.351, a
4 board of trustees may authorize the rent or lease of parking
5 facilities, provided that such facilities are funded through
6 parking fees or parking fines imposed by a university. A board
7 of trustees may authorize a university to charge fees for
8 parking at such rented or leased parking facilities.
9 (40) Each board of trustees may adopt rules and
10 procedures related to data and technology, including
11 information systems, communications systems, computer hardware
12 and software, and networks.
13 (41) A board of trustees shall perform such other
14 duties as are provided by law or rule of the State Board of
15 Education.
16 Section 87. Section 1001.75, Florida Statutes, is
17 created to read:
18 1001.75 University presidents; powers and duties.--The
19 president is the chief executive officer of the state
20 university, shall be corporate secretary of the university
21 board of trustees, and is responsible for the operation and
22 administration of the university. Each state university
23 president shall:
24 (1) Recommend the adoption of rules, as appropriate,
25 to the university board of trustees to implement provisions of
26 law governing the operation and administration of the
27 university, which shall include the specific powers and duties
28 enumerated in this section. Such rules shall be consistent
29 with the mission of the university and the rules and policies
30 of the State Board of Education.
31
169
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (2) Prepare a budget request and an operating budget
2 for approval by the university board of trustees.
3 (3) Establish and implement policies and procedures to
4 recruit, appoint, transfer, promote, compensate, evaluate,
5 reward, demote, discipline, and remove personnel, within law
6 and rules of the State Board of Education and in accordance
7 with rules or policies approved by the university board of
8 trustees.
9 (4) Govern admissions, subject to law and rules or
10 policies of the university board of trustees and the State
11 Board of Education.
12 (5) Approve, execute, and administer contracts for and
13 on behalf of the university board of trustees for licenses;
14 the acquisition or provision of commodities, goods, equipment,
15 and services; leases of real and personal property; and
16 planning and construction to be rendered to or by the
17 university, provided such contracts are within law and rules
18 of the State Board of Education and in conformance with
19 policies of the university board of trustees, and are for the
20 implementation of approved programs of the university.
21 University presidents shall comply with the provisions of s.
22 287.055 for the procurement of professional services and may
23 approve and execute all contracts on behalf of the board of
24 trustees for planning, construction, and equipment. For the
25 purposes of a university president's contracting authority, a
26 "continuing contract" for professional services under the
27 provisions of s. 287.055 is one in which construction costs do
28 not exceed $1 million or the fee for study activity does not
29 exceed $100,000.
30 (6) Act for the university board of trustees as
31 custodian of all university property.
170
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (7) Establish the internal academic calendar of the
2 university within general guidelines of the State Board of
3 Education.
4 (8) Administer the university's program of
5 intercollegiate athletics.
6 (9) Recommend to the board of trustees the
7 establishment and termination of undergraduate and
8 master's-level degree programs within the approved role and
9 scope of the university.
10 (10) Award degrees.
11 (11) Recommend to the board of trustees a schedule of
12 tuition and fees to be charged by the university, within law
13 and rules of the State Board of Education.
14 (12) Organize the university to efficiently and
15 effectively achieve the goals of the university.
16 (13) Review periodically the operations of the
17 university in order to determine how effectively and
18 efficiently the university is being administered and whether
19 it is meeting the goals of its strategic plan adopted by the
20 State Board of Education.
21 (14) Enter into agreements for student exchange
22 programs that involve students at the university and students
23 in other postsecondary educational institutions.
24 (15) Provide purchasing, contracting, and budgetary
25 review processes for student government organizations.
26 (16) Ensure compliance with federal and state laws,
27 rules, regulations, and other requirements that are applicable
28 to the university.
29 (17) Maintain all data and information pertaining to
30 the operation of the university, and report on the attainment
31
171
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 by the university of institutional and statewide performance
2 accountability goals.
3 (18) Adjust property records and dispose of
4 state-owned tangible personal property in the university's
5 custody in accordance with procedures established by the
6 university board of trustees. Notwithstanding the provisions
7 of s. 273.055(5), all moneys received from the disposition of
8 state-owned tangible personal property shall be retained by
9 the university and disbursed for the acquisition of tangible
10 personal property and for all necessary operating
11 expenditures. The university shall maintain records of the
12 accounts into which such moneys are deposited.
13 (19) Have vested with the president or the president's
14 designee the powers, duties, and authority that is vested with
15 the university.
16 Section 88. Chapter 1002, Florida Statutes, shall be
17 entitled "Student and Parental Rights and Educational Choices"
18 and shall consist of ss. 1002.01-1002.44.
19 Section 89. Part I of chapter 1002, Florida Statutes,
20 shall be entitled "General Provisions" and shall consist of s.
21 1002.01.
22 Section 90. Section 1002.01, Florida Statutes, is
23 created to read:
24 1002.01 Definitions.--
25 (1) A "home education program" means the sequentially
26 progressive instruction of a student directed by his or her
27 parent in order to satisfy the attendance requirements of ss.
28 1002.41, 1003.01(4), and 1003.21(1).
29 (2) A "private school" is a nonpublic school defined
30 as an individual, association, copartnership, or corporation,
31 or department, division, or section of such organizations,
172
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 that designates itself as an educational center that includes
2 kindergarten or a higher grade or as an elementary, secondary,
3 business, technical, or trade school below college level or
4 any organization that provides instructional services that
5 meet the intent of s. 1003.01(14) or that gives preemployment
6 or supplementary training in technology or in fields of trade
7 or industry or that offers academic, literary, or career and
8 technical training below college level, or any combination of
9 the above, including an institution that performs the
10 functions of the above schools through correspondence or
11 extension, except those licensed under the provisions of
12 chapter 1005. A private school may be a parochial, religious,
13 denominational, for-profit, or nonprofit school. This
14 definition does not include home education programs conducted
15 in accordance with s. 1002.41.
16 Section 91. Part II of chapter 1002, Florida Statutes,
17 shall be entitled "Student and Parental Rights" and shall
18 consist of ss. 1002.20-1002.22.
19 Section 92. Section 1002.20, Florida Statutes, is
20 created to read:
21 1002.20 K-12 student and parent rights.--K-12 students
22 and their parents are afforded numerous statutory rights
23 including, but not limited to, the following:
24 (1) SYSTEM OF EDUCATION.--In accordance with s. 1,
25 Art. IX of the State Constitution, all K-12 public school
26 students are entitled to a uniform, safe, secure, efficient,
27 and high quality system of education, one that allows students
28 the opportunity to obtain a high quality education. Parents
29 are responsible to ready their children for school; however,
30 the State of Florida cannot be the guarantor of each
31 individual student's success.
173
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (2) ATTENDANCE.--
2 (a) Compulsory school attendance.--The compulsory
3 school attendance laws apply to all children between the ages
4 of 6 and 16 years, as provided in s. 1003.21(1) and (2)(a),
5 and, in accordance with the provisions of s. 1003.21(1) and
6 (2)(a):
7 1. A student who attains the age of 16 years during
8 the school year has the right to file a formal declaration of
9 intent to terminate school enrollment if the declaration is
10 signed by the parent. The parent has the right to be notified
11 by the school district of the district's receipt of the
12 student's declaration of intent to terminate school
13 enrollment.
14 2. Students who become or have become married or who
15 are pregnant and parenting have the right to attend school and
16 receive the same or equivalent educational instruction as
17 other students.
18 (b) Regular school attendance.--Parents of students
19 who have attained the age of 6 years by February 1 of any
20 school year but who have not attained the age of 16 years must
21 comply with the compulsory school attendance laws. Parents
22 have the option to comply with the school attendance laws by
23 attendance of the student in a public school; a parochial,
24 religious, or denominational school; a private school; a home
25 education program; or a private tutoring program, in
26 accordance with the provisions of s. 1003.01(14).
27 (c) Absence for religious purposes.--A parent of a
28 public school student may request and be granted permission
29 for absence of the student from school for religious
30 instruction or religious holidays, in accordance with the
31 provisions of s. 1003.21(2)(b).
174
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (d) Dropout prevention and academic intervention
2 programs.--The parent of a public school student has the right
3 to receive written notice by certified mail prior to placement
4 of the student in a dropout prevention and academic
5 intervention program and shall be notified in writing and
6 entitled to an administrative review of any action by school
7 personnel relating to the student's placement, in accordance
8 with the provisions of s. 1003.53(5).
9 (3) HEALTH ISSUES.--
10 (a) School-entry health examinations.--The parent of
11 any child attending a public or private school shall be exempt
12 from the requirement of a health examination upon written
13 request stating objections on religious grounds in accordance
14 with the provisions of s. 1003.22(1) and (2).
15 (b) Immunizations.--The parent of any child attending
16 a public or private school shall be exempt from the school
17 immunization requirements upon meeting any of the exemptions
18 in accordance with the provisions of s. 1003.22(5).
19 (c) Biological experiments.--Parents may request that
20 their child be excused from performing surgery or dissection
21 in biological science classes in accordance with the
22 provisions of s. 1003.47.
23 (d) Reproductive health and disease education.--A
24 public school student whose parent makes written request to
25 the school principal shall be exempted from the teaching of
26 reproductive health or any disease, including HIV/AIDS, in
27 accordance with the provisions of s. 1003.42(3).
28 (e) Contraceptive services to public school
29 students.--In accordance with the provisions of s.
30 1006.062(7), students may not be referred to or offered
31
175
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 contraceptive services at school facilities without the
2 parent's consent.
3 (f) Career and technical education courses involving
4 hazardous substances.--High school students must be given
5 plano safety glasses or devices in career and technical
6 education courses involving the use of hazardous substances
7 likely to cause eye injury, in accordance with the provisions
8 of s. 1006.65.
9 (g) Substance abuse reports.--The parent of a public
10 school student must be timely notified of any verified report
11 of a substance abuse violation by the student, in accordance
12 with the provisions of s. 1006.09(8).
13 (h) Inhaler use.--Asthmatic students whose parent and
14 physician provide their approval to the school principal may
15 carry a metered dose inhaler on their person while in school.
16 The school principal shall be provided a copy of the parent's
17 and physician's approval.
18 (4) DISCIPLINE.--
19 (a) Suspension of public school student.--In
20 accordance with the provisions of s. 1006.09(1)-(4):
21 1. A student may be suspended only as provided by rule
22 of the district school board. A good faith effort must be made
23 to immediately inform the parent by telephone of the student's
24 suspension and the reason. Each suspension and the reason
25 must be reported in writing within 24 hours to the parent by
26 U.S. mail. A good faith effort must be made to use parental
27 assistance before suspension unless the situation requires
28 immediate suspension.
29 2. A student with a disability may only be recommended
30 for suspension or expulsion in accordance with State Board of
31 Education rules.
176
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) Expulsion.--Public school students and their
2 parents have the right to written notice of a recommendation
3 of expulsion, including the charges against the student and a
4 statement of the right of the student to due process, in
5 accordance with the provisions of s. 1001.51(8).
6 (c) Corporal punishment.--In accordance with the
7 provisions of s. 1003.32, corporal punishment of a public
8 school student may only be administered by a teacher or school
9 principal within guidelines of the school principal and
10 according to district school board policy. Another adult must
11 be present and must be informed in the student's presence of
12 the reason for the punishment. Upon request, the teacher or
13 school principal must provide the parent with a written
14 explanation of the reason for the punishment and the name of
15 the other adult who was present.
16 (5) SAFETY.--In accordance with the provisions of s.
17 1006.13(5), students who have been victims of certain felony
18 offenses by other students, as well as the siblings of the
19 student victims, have the right to be kept separated from the
20 student offender both at school and during school
21 transportation.
22 (6) EDUCATIONAL CHOICE.--
23 (a) Public school choices.--Parents of public school
24 students may seek whatever public school choice options that
25 are applicable to their students and are available to students
26 in their school districts. These options may include
27 controlled open enrollment, lab schools, charter schools,
28 charter technical career centers, magnet schools, alternative
29 schools, special programs, advanced placement, dual
30 enrollment, International Baccalaureate, early admissions,
31 credit by examination or demonstration of competency, the New
177
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 World School of the Arts, the Florida School for the Deaf and
2 the Blind, and the Florida Virtual School. These options may
3 also include the public school choice options of the
4 Opportunity Scholarship Program and the McKay Scholarships for
5 Students with Disabilities Program.
6 (b) Private school choices.--Parents of public school
7 students may seek private school choice options under certain
8 programs.
9 1. Under the Opportunity Scholarship Program, the
10 parent of a student in a failing public school may request and
11 receive an opportunity scholarship for the student to attend a
12 private school in accordance with the provisions of s.
13 1002.38.
14 2. Under the McKay Scholarships for Students with
15 Disabilities Program, the parent of a public school student
16 with a disability who is dissatisfied with the student's
17 progress may request and receive a McKay Scholarship for the
18 student to attend a private school in accordance with the
19 provisions of s. 1002.39.
20 3. Under the corporate income tax credit scholarship
21 program, the parent of a student who qualifies for free or
22 reduced-price school lunch may seek a scholarship from an
23 eligible nonprofit scholarship-funding organization in
24 accordance with the provisions of s. 220.187.
25 (c) Home education.--The parent of a student may
26 choose to place the student in a home education program in
27 accordance with the provisions of s. 1002.41.
28 (d) Private tutoring.--The parent of a student may
29 choose to place the student in a private tutoring program in
30 accordance with the provisions of s. 1002.43(1).
31
178
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (7) NONDISCRIMINATION.--All education programs,
2 activities, and opportunities offered by public educational
3 institutions must be made available without discrimination on
4 the basis of race, ethnicity, national origin, gender,
5 disability, or marital status, in accordance with the
6 provisions of s. 1000.05.
7 (8) STUDENTS WITH DISABILITIES.--Parents of public
8 school students with disabilities and parents of public school
9 students in residential care facilities are entitled to notice
10 and due process in accordance with the provisions of ss.
11 1003.57 and 1003.58. Public school students with disabilities
12 must be provided the opportunity to meet the graduation
13 requirements for a standard high school diploma in accordance
14 with the provisions of s. 1003.43(4). Certain public school
15 students with disabilities may be awarded a special diploma
16 upon high school graduation.
17 (9) BLIND STUDENTS.--Blind students have the right to
18 an individualized written education program and appropriate
19 instructional materials to attain literacy, in accordance with
20 provisions of s. 1003.55.
21 (10) LIMITED ENGLISH PROFICIENT STUDENTS.--In
22 accordance with the provisions of s. 1003.56, limited English
23 proficient students have the right to receive ESOL (English
24 for Speakers of Other Languages) instruction designed to
25 develop the student's mastery of listening, speaking, reading,
26 and writing in English as rapidly as possible, and the
27 students' parents have the right of parental involvement in
28 the ESOL program.
29 (11) PLEDGE OF ALLEGIANCE.--A public school student
30 must be excused from reciting the pledge of allegiance upon
31
179
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 written request by the student's parent, in accordance with
2 the provisions of s. 1003.44.
3 (12) STUDENT RECORDS.--
4 (a) Parent rights.--Parents have rights regarding the
5 student records of their children, including right of access,
6 right of waiver of access, right to challenge and hearing, and
7 right of privacy, in accordance with the provisions of s.
8 1002.22.
9 (b) Student rights.--In accordance with the provisions
10 of s. 1008.386, a student is not required to provide his or
11 her social security number as a condition for enrollment or
12 graduation.
13 (13) STUDENT REPORT CARDS.--Students and their parents
14 have the right to receive student report cards on a regular
15 basis that clearly depict and grade the student's academic
16 performance in each class or course, the student's conduct,
17 and the student's attendance, in accordance with the
18 provisions of s. 1003.33.
19 (14) STUDENT PROGRESS REPORTS.--Parents of public
20 school students shall be apprised at regular intervals of the
21 academic progress and other needed information regarding their
22 child, in accordance with the provisions of s. 1003.02(1)(h)2.
23 (15) SCHOOL ACCOUNTABILITY AND SCHOOL IMPROVEMENT
24 RATING REPORTS.--Parents of public school students are
25 entitled to an easy-to-read report card about the grade
26 designation, school accountability including the school
27 financial report, and school improvement rating of their
28 child's school in accordance with the provisions of ss.
29 1008.22, 1003.02(3), and 1010.215(5).
30 (16) ATHLETICS; PUBLIC HIGH SCHOOL.--
31
180
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) Eligibility.--Eligibility requirements for all
2 students participating in high school athletic competition
3 must allow a student to be eligible in the school in which he
4 or she first enrolls each school year, or makes himself or
5 herself a candidate for an athletic team by engaging in
6 practice before enrolling, in accordance with the provisions
7 of s. 1006.20(2)(a).
8 (b) Medical evaluation.--Students must satisfactorily
9 pass a medical evaluation each year before participating in
10 athletics, unless the parent objects in writing based on
11 religious tenets or practices, in accordance with the
12 provisions of s. 1006.20(2)(d).
13 (17) EXTRACURRICULAR ACTIVITIES.--In accordance with
14 the provisions of s. 1006.15:
15 (a) Eligibility.--Students who meet specified academic
16 and conduct requirements are eligible to participate in
17 extracurricular activities.
18 (b) Home education students.--Home education students
19 who meet specified academic and conduct requirements are
20 eligible to participate in extracurricular activities at the
21 public school to which the student would be assigned or could
22 choose to attend according to district school board policies,
23 or may develop an agreement to participate at a private
24 school.
25 (c) Charter school students.--Charter school students
26 who meet specified academic and conduct requirements are
27 eligible to participate in extracurricular activities at the
28 public school to which the student would be assigned or could
29 choose to attend according to district school board policies,
30 unless such activity is provided by the student's charter
31 school.
181
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (d) Discrimination prohibited.--Organizations that
2 regulate or govern extracurricular activities of public
3 schools shall not discriminate against any eligible student
4 based on an educational choice of public, private, or home
5 education.
6 (18) INSTRUCTIONAL MATERIALS.--
7 (a) Core courses.--Each public school student is
8 entitled to sufficient instructional materials in the core
9 courses of mathematics, language arts, social studies,
10 science, reading, and literature, in accordance with the
11 provisions of ss. 1003.02(1)(d) and 1006.40(2).
12 (b) Curricular objectives.--The parent of each public
13 school student has the right to receive effective
14 communication from the school principal as to the manner in
15 which instructional materials are used to implement the
16 school's curricular objectives, in accordance with the
17 provisions of s. 1006.28(3)(a).
18 (c) Sale of instructional materials.--Upon request of
19 the parent of a public school student, the school principal
20 must sell to the parent any instructional materials used in
21 the school, in accordance with the provisions of s.
22 1006.28(3)(c).
23 (d) Dual enrollment students.--Instructional materials
24 purchased by a district school board or community college
25 board of trustees on behalf of public school dual enrollment
26 students shall be made available to the dual enrollment
27 students free of charge, in accordance with the provisions of
28 s. 1007.271(14) and (15).
29 (19) JUVENILE JUSTICE PROGRAMS.--Students who are in
30 juvenile justice programs have the right to receive
31
182
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 educational programs and services in accordance with the
2 provisions of s. 1003.52.
3 (20) PARENTAL INPUT AND MEETINGS.--
4 (a) Meetings with school district personnel.--Parents
5 of public school students may be accompanied by another adult
6 of their choice at any meeting with school district personnel.
7 (b) School district best financial management practice
8 reviews.--Public school students and their parents may provide
9 input regarding their concerns about the operations and
10 management of the school district both during and after the
11 conduct of a school district best financial management
12 practices review, in accordance with the provisions of s.
13 1008.35.
14 (c) District school board educational facilities
15 programs.--Parents of public school students and other members
16 of the public have the right to receive proper public notice
17 and opportunity for public comment regarding the district
18 school board's educational facilities work program, in
19 accordance with the provisions of s. 1013.35.
20 (21) TRANSPORTATION.--
21 (a) Transportation to school.--Public school students
22 shall be provided transportation to school, in accordance with
23 the provisions of s. 1006.21(3)(a).
24 (b) Hazardous walking conditions.--K-6 public school
25 students shall be provided transportation if they are
26 subjected to hazardous walking conditions, in accordance with
27 the provisions of ss. 1006.21(3)(b) and 1006.23.
28 (c) Parental consent.--Each parent of a public school
29 student must be notified in writing and give written consent
30 before the student may be transported in a privately owned
31
183
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 motor vehicle to a school function, in accordance with the
2 provisions of s. 1006.22(2)(b).
3 Section 93. Section 1002.21, Florida Statutes, is
4 created to read:
5 1002.21 Postsecondary student and parent rights.--
6 (1) STUDENT RECORDS.--Parents have rights regarding
7 the student records of their children, and students 18 years
8 of age and older have rights regarding their student records,
9 including right of access, right of waiver of access, right to
10 challenge and hearing, and right of privacy, in accordance
11 with the provisions of ss. 1002.22, 1005.36, and 1006.52.
12 (2) LEARNING DISABLED STUDENTS.--Impaired and learning
13 disabled students may be eligible for reasonable substitution
14 for admission, graduation, and upper-level division
15 requirements of public postsecondary educational institutions,
16 in accordance with the provisions of s. 1007.264.
17 (3) EXPULSION, SUSPENSION, DISCIPLINE.--Public
18 postsecondary education students may be expelled, suspended,
19 or otherwise disciplined by the president of a public
20 postsecondary educational institution after notice to the
21 student of the charges and a hearing on the charges, in
22 accordance with the provisions of s. 1006.62.
23 (4) RELIGIOUS BELIEFS.--Public postsecondary
24 educational institutions must provide reasonable
25 accommodations for the religious practices and beliefs of
26 individual students in regard to admissions, class attendance,
27 and the scheduling of examinations and work assignments, in
28 accordance with the provisions of s. 1006.53, and must provide
29 and describe in the student handbook a grievance procedure for
30 students to seek redress when they feel they have been
31
184
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 unreasonably denied an educational benefit due to their
2 religious beliefs or practices.
3 (5) STUDENT HANDBOOKS.--Each state university and
4 community college shall provide its students with an
5 up-to-date student handbook that includes student rights and
6 responsibilities, appeals processes available to students,
7 contact persons available to help students, student conduct
8 code, and information regarding HIV and AIDS, in accordance
9 with the provisions of s. 1006.50.
10 (6) STUDENT OMBUDSMAN OFFICE.--Each state university
11 and community college shall maintain a student ombudsman
12 office and established procedures for students to appeal to
13 the office regarding decisions about the student's access to
14 courses and credit granted toward the student's degree, in
15 accordance with the provisions of s. 1006.51.
16 Section 94. Section 1002.22, Florida Statutes, is
17 created to read:
18 1002.22 Student records and reports; rights of parents
19 and students; notification; penalty.--
20 (1) PURPOSE.--The purpose of this section is to
21 protect the rights of students and their parents with respect
22 to student records and reports as created, maintained, and
23 used by public educational institutions in the state. The
24 intent of the Legislature is that students and their parents
25 shall have rights of access, rights of challenge, and rights
26 of privacy with respect to such records and reports, and that
27 rules shall be available for the exercise of these rights.
28 (2) DEFINITIONS.--As used in this section:
29 (a) "Chief executive officer" means that person,
30 whether elected or appointed, who is responsible for the
31 management and administration of any public educational body
185
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 or unit, or the chief executive officer's designee for student
2 records; that is, the district school superintendent, the
3 director of an area technical center, the president of a
4 public postsecondary educational institution, or their
5 designees.
6 (b) "Directory information" includes the student's
7 name, address, telephone number if it is a listed number, date
8 and place of birth, major field of study, participation in
9 officially recognized activities and sports, weight and height
10 of members of athletic teams, dates of attendance, degrees and
11 awards received, and the most recent previous educational
12 agency or institution attended by the student.
13 (c) "Records" and "reports" mean official records,
14 files, and data directly related to students that are created,
15 maintained, and used by public educational institutions,
16 including all material that is incorporated into each
17 student's cumulative record folder and intended for school use
18 or to be available to parties outside the school or school
19 system for legitimate educational or research purposes.
20 Materials that shall be considered as part of a student's
21 record include, but are not necessarily limited to:
22 identifying data, including a student's social security
23 number; academic work completed; level of achievement records,
24 including grades and standardized achievement test scores;
25 attendance data; scores on standardized intelligence,
26 aptitude, and psychological tests; interest inventory results;
27 health data; family background information; teacher or
28 counselor ratings and observations; verified reports of
29 serious or recurrent behavior patterns; and any other
30 evidence, knowledge, or information recorded in any medium,
31 including, but not limited to, handwriting, typewriting,
186
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 print, magnetic tapes, film, microfilm, and microfiche, and
2 maintained and used by an educational agency or institution or
3 by a person acting for such agency or institution. However,
4 the terms "records" and "reports" do not include:
5 1. Records of instructional, supervisory, and
6 administrative personnel, and educational personnel ancillary
7 to those persons, that are kept in the sole possession of the
8 maker of the record and are not accessible or revealed to any
9 other person except a substitute for any of such persons. An
10 example of records of this type is instructor's grade books.
11 2. Records of law enforcement units of the institution
12 that are maintained solely for law enforcement purposes and
13 that are not available to persons other than officials of the
14 institution or law enforcement officials of the same
15 jurisdiction in the exercise of that jurisdiction.
16 3. Records made and maintained by the institution in
17 the normal course of business that relate exclusively to a
18 student in his or her capacity as an employee and that are not
19 available for use for any other purpose.
20 4. Records created or maintained by a physician,
21 psychiatrist, psychologist, or other recognized professional
22 or paraprofessional acting in his or her professional or
23 paraprofessional capacity, or assisting in that capacity, that
24 are created, maintained, or used only in connection with the
25 provision of treatment to the student and that are not
26 available to anyone other than persons providing such
27 treatment. However, such records shall be open to a physician
28 or other appropriate professional of the student's choice.
29 5. Directory information as defined in this section.
30 6. Other information, files, or data that do not
31 permit the personal identification of a student.
187
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 7. Letters or statements of recommendation or
2 evaluation that were confidential under Florida law and that
3 were received and made a part of the student's educational
4 records prior to July 1, 1977.
5 8. Copies of the student's fingerprints. No public
6 educational institution shall maintain any report or record
7 relative to a student that includes a copy of the student's
8 fingerprints.
9 (d) "Student" means any child or adult who is enrolled
10 or who has been enrolled in any instructional program or
11 activity conducted under the authority and direction of an
12 institution comprising a part of the state system of public
13 education and with respect to whom an educational institution
14 maintains educational records and reports or personally
15 identifiable information, but does not include a person who
16 has not been in attendance as an enrollee at such institution.
17 (3) RIGHTS OF PARENT OR STUDENT.--The parent of any
18 student who attends or has attended any public school, area
19 technical center, or public postsecondary educational
20 institution shall have the following rights with respect to
21 any records or reports created, maintained, and used by any
22 public educational institution in the state. However,
23 whenever a student has attained 18 years of age, or is
24 attending a postsecondary educational institution, the
25 permission or consent required of, and the rights accorded to,
26 the parents of the student shall thereafter be required of and
27 accorded to the student only, unless the student is a
28 dependent student of such parents as defined in 26 U.S.C. s.
29 152 (s. 152 of the Internal Revenue Code of 1954). The State
30 Board of Education shall adopt rules whereby parents or
31 students may exercise these rights:
188
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) Right of access.--
2 1. Such parent or student shall have the right, upon
3 request directed to the appropriate school official, to be
4 provided with a list of the types of records and reports,
5 directly related to students, as maintained by the institution
6 that the student attends or has attended.
7 2. Such parent or student shall have the right, upon
8 request, to be shown any record or report relating to such
9 student maintained by any public educational institution.
10 When the record or report includes information on more than
11 one student, the parent or student shall be entitled to
12 receive, or be informed of, only that part of the record or
13 report that pertains to the student who is the subject of the
14 request. Upon a reasonable request therefor, the institution
15 shall furnish such parent or student with an explanation or
16 interpretation of any such record or report.
17 3. Copies of any list, record, or report requested
18 under the provisions of this paragraph shall be furnished to
19 the parent or student upon request.
20 4. The State Board of Education shall adopt rules to
21 be followed by all public educational institutions in granting
22 requests for lists, or for access to reports and records or
23 for copies or explanations thereof under this paragraph.
24 However, access to any report or record requested under the
25 provisions of subparagraph 2. shall be granted within 30 days
26 after receipt of such request by the institution. Fees may be
27 charged for furnishing any copies of reports or records
28 requested under subparagraph 3., but such fees shall not
29 exceed the actual cost to the institution of producing such
30 copies.
31
189
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) Right of waiver of access to confidential letters
2 or statements.--A parent or student shall have the right to
3 waive the right of access to letters or statements of
4 recommendation or evaluation, except that such waiver shall
5 apply to recommendations or evaluations only if:
6 1. The parent or student is, upon request, notified of
7 the names of all persons submitting confidential letters or
8 statements.
9 2. Such recommendations or evaluations are used solely
10 for the purpose for which they were specifically intended.
11
12 Such waivers may not be required as a condition for admission
13 to, receipt of financial aid from, or receipt of any other
14 services or benefits from, any public agency or public
15 educational institution in this state.
16 (c) Right to challenge and hearing.--A parent or
17 student shall have the right to challenge the content of any
18 record or report to which such person is granted access under
19 paragraph (a), in order to ensure that the record or report is
20 not inaccurate, misleading, or otherwise in violation of the
21 privacy or other rights of the student and to provide an
22 opportunity for the correction, deletion, or expunction of any
23 inaccurate, misleading, or otherwise inappropriate data or
24 material contained therein. Any challenge arising under the
25 provisions of this paragraph may be settled through informal
26 meetings or discussions between the parent or student and
27 appropriate officials of the educational institution. If the
28 parties at such a meeting agree to make corrections, to make
29 deletions, to expunge material, or to add a statement of
30 explanation or rebuttal to the file, such agreement shall be
31 reduced to writing and signed by the parties; and the
190
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 appropriate school officials shall take the necessary actions
2 to implement the agreement. If the parties cannot reach an
3 agreement, upon the request of either party, a hearing shall
4 be held on such challenge under rules adopted by the State
5 Board of Education. Upon the request of the parent or student,
6 the hearing shall be exempt from the requirements of s.
7 286.011. Such rules shall include at least the following
8 provisions:
9 1. The hearing shall be conducted within a reasonable
10 period of time following the request for the hearing.
11 2. The hearing shall be conducted, and the decision
12 rendered, by an official of the educational institution or
13 other party who does not have a direct interest in the outcome
14 of the hearing.
15 3. The parent or student shall be afforded a full and
16 fair opportunity to present evidence relevant to the issues
17 raised under this paragraph.
18 4. The decision shall be rendered in writing within a
19 reasonable period of time after the conclusion of the hearing.
20 5. The appropriate school officials shall take the
21 necessary actions to implement the decision.
22 (d) Right of privacy.--Every student shall have a
23 right of privacy with respect to the educational records kept
24 on him or her. Personally identifiable records or reports of a
25 student, and any personal information contained therein, are
26 confidential and exempt from the provisions of s. 119.07(1).
27 No state or local educational agency, board, public school,
28 technical center, or public postsecondary educational
29 institution shall permit the release of such records, reports,
30 or information without the written consent of the student's
31 parent, or of the student himself or herself if he or she is
191
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 qualified as provided in this subsection, to any individual,
2 agency, or organization. However, personally identifiable
3 records or reports of a student may be released to the
4 following persons or organizations without the consent of the
5 student or the student's parent:
6 1. Officials of schools, school systems, technical
7 centers, or public postsecondary educational institutions in
8 which the student seeks or intends to enroll; and a copy of
9 such records or reports shall be furnished to the parent or
10 student upon request.
11 2. Other school officials, including teachers within
12 the educational institution or agency, who have legitimate
13 educational interests in the information contained in the
14 records.
15 3. The United States Secretary of Education, the
16 Director of the National Institute of Education, the Assistant
17 Secretary for Education, the Comptroller General of the United
18 States, or state or local educational authorities who are
19 authorized to receive such information subject to the
20 conditions set forth in applicable federal statutes and
21 regulations of the United States Department of Education, or
22 in applicable state statutes and rules of the State Board of
23 Education.
24 4. Other school officials, in connection with a
25 student's application for or receipt of financial aid.
26 5. Individuals or organizations conducting studies for
27 or on behalf of an institution or a board of education for the
28 purpose of developing, validating, or administering predictive
29 tests, administering student aid programs, or improving
30 instruction, if such studies are conducted in such a manner as
31 will not permit the personal identification of students and
192
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 their parents by persons other than representatives of such
2 organizations and if such information will be destroyed when
3 no longer needed for the purpose of conducting such studies.
4 6. Accrediting organizations, in order to carry out
5 their accrediting functions.
6 7. School readiness coalitions and the Florida
7 Partnership for School Readiness in order to carry out their
8 assigned duties.
9 8. For use as evidence in student expulsion hearings
10 conducted by a district school board pursuant to the
11 provisions of chapter 120.
12 9. Appropriate parties in connection with an
13 emergency, if knowledge of the information in the student's
14 educational records is necessary to protect the health or
15 safety of the student or other individuals.
16 10. The Auditor General and the Office of Program
17 Policy Analysis and Government Accountability in connection
18 with their official functions; however, except when the
19 collection of personally identifiable information is
20 specifically authorized by law, any data collected by the
21 Auditor General and the Office of Program Policy Analysis and
22 Government Accountability is confidential and exempt from the
23 provisions of s. 119.07(1) and shall be protected in such a
24 way as will not permit the personal identification of students
25 and their parents by other than the Auditor General, the
26 Office of Program Policy Analysis and Government
27 Accountability, and their staff, and such personally
28 identifiable data shall be destroyed when no longer needed for
29 the Auditor General's and the Office of Program Policy
30 Analysis and Government Accountability's official use.
31
193
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 11.a. A court of competent jurisdiction in compliance
2 with an order of that court or the attorney of record pursuant
3 to a lawfully issued subpoena, upon the condition that the
4 student and the student's parent are notified of the order or
5 subpoena in advance of compliance therewith by the educational
6 institution or agency.
7 b. A person or entity pursuant to a court of competent
8 jurisdiction in compliance with an order of that court or the
9 attorney of record pursuant to a lawfully issued subpoena,
10 upon the condition that the student, or his or her parent if
11 the student is either a minor and not attending a
12 postsecondary educational institution or a dependent of such
13 parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal
14 Revenue Code of 1954), is notified of the order or subpoena in
15 advance of compliance therewith by the educational institution
16 or agency.
17 12. Credit bureaus, in connection with an agreement
18 for financial aid that the student has executed, provided that
19 such information may be disclosed only to the extent necessary
20 to enforce the terms or conditions of the financial aid
21 agreement. Credit bureaus shall not release any information
22 obtained pursuant to this paragraph to any person.
23 13. Parties to an interagency agreement among the
24 Department of Juvenile Justice, school and law enforcement
25 authorities, and other signatory agencies for the purpose of
26 reducing juvenile crime and especially motor vehicle theft by
27 promoting cooperation and collaboration, and the sharing of
28 appropriate information in a joint effort to improve school
29 safety, to reduce truancy and in-school and out-of-school
30 suspensions, and to support alternatives to in-school and
31 out-of-school suspensions and expulsions that provide
194
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 structured and well-supervised educational programs
2 supplemented by a coordinated overlay of other appropriate
3 services designed to correct behaviors that lead to truancy,
4 suspensions, and expulsions, and that support students in
5 successfully completing their education. Information provided
6 in furtherance of such interagency agreements is intended
7 solely for use in determining the appropriate programs and
8 services for each juvenile or the juvenile's family, or for
9 coordinating the delivery of such programs and services, and
10 as such is inadmissible in any court proceedings prior to a
11 dispositional hearing unless written consent is provided by a
12 parent or other responsible adult on behalf of the juvenile.
13
14 This paragraph does not prohibit any educational institution
15 from publishing and releasing to the general public directory
16 information relating to a student if the institution elects to
17 do so. However, no educational institution shall release, to
18 any individual, agency, or organization that is not listed in
19 subparagraphs 1.-13., directory information relating to the
20 student body in general or a portion thereof unless it is
21 normally published for the purpose of release to the public in
22 general. Any educational institution making directory
23 information public shall give public notice of the categories
24 of information that it has designated as directory information
25 with respect to all students attending the institution and
26 shall allow a reasonable period of time after such notice has
27 been given for a parent or student to inform the institution
28 in writing that any or all of the information designated
29 should not be released.
30 (4) NOTIFICATION.--Every parent and student entitled
31 to rights relating to student records and reports under the
195
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 provisions of subsection (3) shall be notified annually, in
2 writing, of such rights and that the institution has a policy
3 of supporting the law; the types of information and data
4 generally entered in the student records as maintained by the
5 institution; and the procedures to be followed in order to
6 exercise such rights. The notification shall be general in
7 form and in a manner to be determined by the State Board of
8 Education and may be incorporated with other printed materials
9 distributed to students, such as being printed on the back of
10 school assignment forms or report cards for students attending
11 kindergarten or grades 1 through 12 in the public school
12 system and being printed in college catalogs or in other
13 program announcement bulletins for students attending
14 postsecondary educational institutions.
15 (5) PENALTY.--In the event that any public school
16 official or employee, district school board official or
17 employee, technical center official or employee, or public
18 postsecondary educational institution official or employee
19 refuses to comply with any of the provisions of this section,
20 the aggrieved parent or student shall have an immediate right
21 to bring an action in the circuit court to enforce the
22 violated right by injunction. Any aggrieved parent or student
23 who brings such an action and whose rights are vindicated may
24 be awarded attorney's fees and court costs.
25 (6) APPLICABILITY TO RECORDS OF DEFUNCT
26 INSTITUTIONS.--The provisions of this section also apply to
27 student records that any nonpublic educational institution
28 that is no longer operating has deposited with the district
29 school superintendent in the county where the nonpublic
30 educational institution was located.
31
196
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 95. Part III of chapter 1002, Florida
2 Statutes, shall be entitled "Educational Choice" and shall
3 consist of ss. 1002.31-1002.39.
4 Section 96. Section 1002.31, Florida Statutes, is
5 created to read:
6 1002.31 Public school parental choice.--
7 (1) As used in this section, "controlled open
8 enrollment" means a public education delivery system that
9 allows school districts to make student school assignments
10 using parents' indicated preferential school choice as a
11 significant factor.
12 (2) Each district school board may offer controlled
13 open enrollment within the public schools. The controlled open
14 enrollment program shall be offered in addition to the
15 existing choice programs such as magnet schools, alternative
16 schools, special programs, advanced placement, and dual
17 enrollment.
18 (3) Each district school board shall develop a
19 controlled open enrollment plan which describes the
20 implementation of subsection (2).
21 (4) School districts shall adhere to federal
22 desegregation requirements. No controlled open enrollment
23 plan that conflicts with federal desegregation orders shall be
24 implemented.
25 (5) Each school district shall develop a system of
26 priorities for its plan that includes consideration of the
27 following:
28 (a) An application process required to participate in
29 the controlled open enrollment program.
30 (b) A process that allows parents to declare school
31 preferences.
197
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (c) A process that encourages placement of siblings
2 within the same school.
3 (d) A lottery procedure used by the school district to
4 determine student assignment.
5 (e) An appeals process for hardship cases.
6 (f) The procedures to maintain socioeconomic,
7 demographic, and racial balance.
8 (g) The availability of transportation.
9 (h) A process that promotes strong parental
10 involvement, including the designation of a parent liaison.
11 (i) A strategy that establishes a clearinghouse of
12 information designed to assist parents in making informed
13 choices.
14 (6) Plans shall be submitted to the Commissioner of
15 Education. The Commissioner of Education shall develop an
16 annual report on the status of school choice and deliver the
17 report to the Governor, the President of the Senate, and the
18 Speaker of the House of Representatives at least 90 days prior
19 to the convening of the regular session of the Legislature.
20 (7) Notwithstanding any provision of this section, a
21 school district with schools operating on both multiple
22 session schedules and single session schedules shall afford
23 parents of students in multiple session schools preferred
24 access to the controlled open enrollment program of the school
25 district.
26 (8) Each district school board shall annually report
27 the number of students applying for and attending the various
28 types of public schools of choice in the district, including
29 schools such as magnet schools and public charter schools,
30 according to rules adopted by the State Board of Education.
31
198
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 97. Section 1002.32, Florida Statutes, is
2 created to read:
3 1002.32 Developmental research (laboratory) schools.--
4 (1) SHORT TITLE.--This section may be cited as the
5 "Sidney Martin Developmental Research School Act."
6 (2) ESTABLISHMENT.--There is established a category of
7 public schools to be known as developmental research
8 (laboratory) schools (lab schools). Each lab school shall
9 provide sequential instruction and shall be affiliated with
10 the college of education within the state university of
11 closest geographic proximity. A lab school to which a charter
12 has been issued under s. 1002.33(5)(b) must be affiliated with
13 the college of education within the state university that
14 issued the charter, but is not subject to the requirement that
15 the state university be of closest geographic proximity. For
16 the purpose of state funding, Florida Agricultural and
17 Mechanical University, Florida Atlantic University, Florida
18 State University, the University of Florida, and other
19 universities approved by the State Board of Education and the
20 Legislature are authorized to sponsor one or more lab schools.
21 (3) MISSION.--The mission of a lab school shall be the
22 provision of a vehicle for the conduct of research,
23 demonstration, and evaluation regarding management, teaching,
24 and learning. Programs to achieve the mission of a lab school
25 shall embody the goals and standards established pursuant to
26 ss. 1000.03(5) and 1001.23(2) and shall ensure an appropriate
27 education for its students.
28 (a) Each lab school shall emphasize mathematics,
29 science, computer science, and foreign languages. The primary
30 goal of a lab school is to enhance instruction and research in
31 such specialized subjects by using the resources available on
199
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 a state university campus, while also providing an education
2 in nonspecialized subjects. Each lab school shall provide
3 sequential elementary and secondary instruction where
4 appropriate. A lab school may not provide instruction at grade
5 levels higher than grade 12 without authorization from the
6 State Board of Education. Each developmental research school
7 shall develop and implement a school improvement plan pursuant
8 to s. 1003.02(3).
9 (b) Research, demonstration, and evaluation conducted
10 at a lab school may be generated by the college of education
11 and other colleges within the university with which the school
12 is affiliated.
13 (c) Research, demonstration, and evaluation conducted
14 at a lab school may be generated by the State Board of
15 Education. Such research shall respond to the needs of the
16 education community at large, rather than the specific needs
17 of the affiliated college.
18 (d) Research, demonstration, and evaluation conducted
19 at a lab school may consist of pilot projects to be generated
20 by the affiliated college, the State Board of Education, or
21 the Legislature.
22 (e) The exceptional education programs offered at a
23 lab school shall be determined by the research and evaluation
24 goals and the availability of students for efficiently sized
25 programs. The fact that a lab school offers an exceptional
26 education program in no way lessens the general responsibility
27 of the local school district to provide exceptional education
28 programs.
29 (4) STUDENT ADMISSIONS.--Each lab school may establish
30 a primary research objective related to fundamental issues and
31 problems that occur in the public elementary and secondary
200
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 schools of the state. A student population reflective of the
2 student population of the public school environment in which
3 the issues and problems are most prevalent shall be promoted
4 and encouraged through the establishment and implementation of
5 an admission process that is designed to result in a
6 representative sample of public school enrollment based on
7 gender, race, socioeconomic status, and academic ability,
8 notwithstanding the provisions of s. 1000.05.
9 (5) STUDENT FEES.--Each lab school may charge a
10 student activity and service fee. Any school that elects to
11 charge such a fee shall provide information regarding the use
12 of the fee as well as an annual report that documents the
13 manner in which the moneys provided by such fee were expended.
14 The annual report prescribed in this subsection shall be
15 distributed to the parents of each student. No additional fees
16 shall be charged.
17 (6) SUPPLEMENTAL-SUPPORT ORGANIZATIONS.--Each lab
18 school may accrue supplemental revenue from
19 supplemental-support organizations, which include, but are not
20 limited to, alumni associations, foundations, parent-teacher
21 associations, and booster associations. The governing body of
22 each supplemental-support organization shall recommend the
23 expenditure of moneys collected by the organization for the
24 benefit of the school. Such expenditures shall be contingent
25 upon the recommendations of the school advisory council and
26 review of the director. The director may override any proposed
27 expenditure of the organization that would violate Florida
28 Statutes or breach sound educational management.
29 (7) PERSONNEL.--
30
31
201
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) Each lab school may employ either a director or a
2 principal, or both, at the discretion of the university. The
3 duties of such personnel shall be as follows:
4 1. Each director shall be the chief executive officer
5 and shall oversee the education, research, and evaluation
6 goals of the school. The director shall be responsible for
7 recommending policy to the advisory board. The director shall
8 be accountable for the financial resources of the school.
9 2. Each principal shall be the chief educational
10 officer and shall oversee the educational program of the
11 school. The principal shall be accountable for the daily
12 operation and administration of the school.
13 (b) Faculty may serve simultaneously as instructional
14 personnel for the lab school and the university with which the
15 school is affiliated. Nothing in this section is intended to
16 affect the collective bargaining rights of lab school
17 employees, except as specifically provided in this section.
18 (c) Lab school faculty members shall meet the
19 certification requirements of ss. 1012.32 and 1012.42.
20 (8) ADVISORY BOARDS.--Each public school in the state
21 shall establish a school advisory council that is reflective
22 of the population served by the school, pursuant to s.
23 1001.452, and is responsible for the development and
24 implementation of the school improvement plan pursuant to s.
25 1003.02(3). Lab schools shall comply with the provisions of s.
26 1001.452 in one of two ways:
27 (a) Each lab school may establish two advisory bodies
28 as follows:
29 1. An advisory body pursuant to the provisions and
30 requirements of s. 1001.452 to be responsible for the
31
202
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 development and implementation of the school improvement plan,
2 pursuant to s. 1003.02(3).
3 2. An advisory board to provide general oversight and
4 guidance. The dean of the affiliated college of education
5 shall be a standing member of the board, and the president of
6 the university shall appoint four faculty members from the
7 related university, at least two of whom are from the college
8 of education, one layperson who resides in the county in which
9 the school is located, two parents of students who attend the
10 lab school, and one lab school student appointed by the
11 principal to serve on the advisory board. The term of each
12 member shall be for 2 years, and any vacancy shall be filled
13 with a person of the same classification as his or her
14 predecessor for the balance of the unexpired term. The
15 president shall stagger the terms of the initial appointees in
16 a manner that results in the expiration of terms of no more
17 than two members in any year. The president shall call the
18 organizational meeting of the board. The board shall annually
19 elect a chair and a vice chair. There shall be no limitation
20 on successive appointments to the board or successive terms
21 that may be served by a chair or vice chair. The board shall
22 adopt internal organizational procedures or bylaws necessary
23 for efficient operation as provided in chapter 120. Board
24 members shall not receive per diem or travel expenses for the
25 performance of their duties. The board shall:
26 a. Meet at least quarterly.
27 b. Monitor the operations of the school and the
28 distribution of moneys allocated for such operations.
29 c. Establish necessary policy, program, and
30 administration modifications.
31
203
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 d. Evaluate biennially the performance of the director
2 and principal and recommend corresponding action to the dean
3 of the college of education.
4 e. Annually review evaluations of the school's
5 operation and research findings.
6 (b) Each lab school may establish one advisory body
7 responsible for the development and implementation of the
8 school improvement plan, pursuant to s. 1003.02(3), in
9 addition to general oversight and guidance responsibilities.
10 The advisory body shall reflect the membership composition
11 requirements established in s. 1001.452, but may also include
12 membership by the dean of the college of education and
13 additional members appointed by the president of the
14 university that represent faculty members from the college of
15 education, the university, or other bodies deemed appropriate
16 for the mission of the school.
17 (9) FUNDING.--Funding for a lab school, including a
18 charter lab school, shall be provided as follows:
19 (a) Each lab school shall be allocated its
20 proportional share of operating funds from the Florida
21 Education Finance Program as provided in s. 1011.62 and the
22 General Appropriations Act. The nonvoted ad valorem millage
23 that would otherwise be required for lab schools shall be
24 allocated from state funds. The required local effort funds
25 calculated pursuant to s. 1011.62 shall be allocated from
26 state funds to the schools as a part of the allocation of
27 operating funds pursuant to s. 1011.62. Each eligible lab
28 school shall also receive a proportional share of the sparsity
29 supplement as calculated pursuant to s. 1011.62. In addition,
30 each lab school shall receive its proportional share of all
31 categorical funds, with the exception of s. 1011.68, and new
204
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 categorical funds enacted after July 1, 1994, for the purpose
2 of elementary or secondary academic program enhancement. The
3 sum of funds available as provided in this paragraph shall be
4 included annually in the Florida Education Finance Program and
5 appropriate categorical programs funded in the General
6 Appropriations Act.
7 (b) There is created a Lab School Educational Facility
8 Trust Fund to be administered by the Commissioner of
9 Education. Allocations from such fund shall be expended solely
10 for the purpose of facility construction, repair, renovation,
11 remodeling, site improvement, or maintenance. The commissioner
12 shall administer the fund in accordance with ss. 1013.60,
13 1013.64, 1013.65, and 1013.66.
14 (c) All operating funds provided under this section
15 shall be deposited in a Lab School Trust Fund and shall be
16 expended for the purposes of this section. The university
17 assigned a lab school shall be the fiscal agent for these
18 funds, and all rules of the university governing the budgeting
19 and expenditure of state funds shall apply to these funds
20 unless otherwise provided by law or rule of the State Board of
21 Education. The university board of trustees shall be the
22 public employer of lab school personnel for collective
23 bargaining purposes.
24 (d) Each lab school shall receive funds for operating
25 purposes in an amount determined as follows: multiply the
26 maximum allowable nonvoted discretionary millage for
27 operations pursuant to s. 1011.71(1) by the value of 95
28 percent of the current year's taxable value for school
29 purposes for the district in which each lab school is located;
30 divide the result by the total full-time equivalent membership
31 of the district; and multiply the result by the full-time
205
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 equivalent membership of the lab school. The amount thus
2 obtained shall be discretionary operating funds and shall be
3 appropriated from state funds in the General Appropriations
4 Act to the Lab School Trust Fund.
5 (e) Each lab school shall receive funds for capital
6 improvement purposes in an amount determined as follows:
7 multiply the maximum allowable nonvoted discretionary millage
8 for capital improvements pursuant to s. 1011.71(2) by the
9 value of 95 percent of the current year's taxable value for
10 school purposes for the district in which each lab school is
11 located; divide the result by the total full-time equivalent
12 membership of the district; and multiply the result by the
13 full-time equivalent membership of the lab school. The amount
14 thus obtained shall be discretionary capital improvement funds
15 and shall be appropriated from state funds in the General
16 Appropriations Act to the Lab School Educational Facility
17 Trust Fund.
18 (f) In addition to the funds appropriated for capital
19 outlay budget needs, lab schools may receive specific funding
20 as specified in the General Appropriations Act for upgrading,
21 renovating, and remodeling science laboratories.
22 (g) Each lab school is designated a teacher education
23 center and may provide inservice training to school district
24 personnel. The Department of Education shall provide funds to
25 the Lab School Trust Fund for this purpose from appropriations
26 for inservice teacher education.
27 (h) A lab school to which a charter has been issued
28 under s. 1002.33(5)(b) is eligible to receive funding for
29 charter school capital outlay if it meets the eligibility
30 requirements of s. 1013.62. If the lab school receives funds
31 from charter school capital outlay, the school shall receive
206
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 capital outlay funds otherwise provided in this subsection
2 only to the extent that funds allocated pursuant to s. 1013.62
3 are insufficient to provide capital outlay funds to the lab
4 school at one-fifteenth of the cost per student station.
5 (10) IMPLEMENTATION.--The State Board of Education
6 shall adopt rules necessary to facilitate the implementation
7 of this section.
8 (11) EXCEPTIONS TO LAW.--To encourage innovative
9 practices and facilitate the mission of the lab schools, in
10 addition to the exceptions to law specified in s. 1001.23(2),
11 the following exceptions shall be permitted for lab schools:
12 (a) The methods and requirements of the following
13 statutes shall be held in abeyance: ss. 1001.30; 1001.31;
14 1001.32; 1001.33; 1001.34; 1001.35; 1001.36; 1001.361;
15 1001.362; 1001.363; 1001.37; 1001.371; 1001.372; 1001.38;
16 1001.39; 1001.395; 1001.40; 1001.41; 1001.44; 1001.46;
17 1001.461; 1001.462; 1001.463; 1001.464; 1001.47; 1001.48;
18 1001.49; 1001.50; 1001.51; 1006.12(1); 1006.21(3), (4);
19 1006.23; 1010.07(2); 1010.40; 1010.41; 1010.42; 1010.43;
20 1010.44; 1010.45; 1010.46; 1010.47; 1010.48; 1010.49; 1010.50;
21 1010.51; 1010.52; 1010.53; 1010.54; 1010.55; 1011.02(1)-(3),
22 (5); 1011.04; 1011.20; 1011.21; 1011.22; 1011.23; 1011.71;
23 1011.72; 1011.73; 1011.74; 1013.77; and 316.75.
24 (b) With the exception of s. 1001.42(16), s. 1001.42
25 shall be held in abeyance. Reference to district school boards
26 in s. 1001.42(16) shall mean the president of the university
27 or the president's designee.
28 Section 98. Section 1002.33, Florida Statutes, is
29 created to read:
30 1002.33 Charter schools.--
31
207
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (1) AUTHORIZATION.--Charter schools shall be part of
2 the state's program of public education. All charter schools
3 in Florida are public schools. A charter school may be formed
4 by creating a new school or converting an existing public
5 school to charter status. A public school may not use the term
6 charter in its name unless it has been approved under this
7 section.
8 (2) PURPOSE.--
9 (a) Charter schools shall fulfill the following
10 purposes:
11 1. Improve student learning and academic achievement.
12 2. Increase learning opportunities for all students,
13 with special emphasis on low-performing students.
14 3. Create new professional opportunities for teachers,
15 including ownership of the learning program at the school
16 site.
17 4. Encourage the use of innovative learning methods.
18 5. Require the measurement of learning outcomes.
19 (b) Charter schools may fulfill the following
20 purposes:
21 1. Create innovative measurement tools.
22 2. Provide rigorous competition within the public
23 school district to stimulate continual improvement in all
24 public schools.
25 3. Expand the capacity of the public school system.
26 (3) APPLICATION FOR CHARTER STATUS.--
27 (a) An application for a new charter school may be
28 made by an individual, teachers, parents, a group of
29 individuals, a municipality, or a legal entity organized under
30 the laws of this state.
31
208
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) An application for a conversion charter school
2 shall be made by the district school board, the principal,
3 teachers, parents, and/or the school advisory council at an
4 existing public school that has been in operation for at least
5 2 years prior to the application to convert, including a
6 public school-within-a-school that is designated as a school
7 by the district school board. An application submitted
8 proposing to convert an existing public school to a charter
9 school shall demonstrate the support of at least 50 percent of
10 the teachers employed at the school and 50 percent of the
11 parents voting whose children are enrolled at the school,
12 provided that a majority of the parents eligible to vote
13 participate in the ballot process, according to rules adopted
14 by the State Board of Education. A district school board
15 denying an application for a conversion charter school shall
16 provide notice of denial to the applicants in writing within
17 30 days after the meeting at which the district school board
18 denied the application. The notice must specify the exact
19 reasons for denial and must provide documentation supporting
20 those reasons. A private school, parochial school, or home
21 education program shall not be eligible for charter school
22 status.
23 (4) UNLAWFUL REPRISAL.--
24 (a) No district school board, or district school board
25 employee who has control over personnel actions, shall take
26 unlawful reprisal against another district school board
27 employee because that employee is either directly or
28 indirectly involved with an application to establish a charter
29 school. As used in this subsection, the term "unlawful
30 reprisal" means an action taken by a district school board or
31 a school system employee against an employee who is directly
209
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 or indirectly involved in a lawful application to establish a
2 charter school, which occurs as a direct result of that
3 involvement, and which results in one or more of the
4 following: disciplinary or corrective action; adverse transfer
5 or reassignment, whether temporary or permanent; suspension,
6 demotion, or dismissal; an unfavorable performance evaluation;
7 a reduction in pay, benefits, or rewards; elimination of the
8 employee's position absent of a reduction in workforce as a
9 result of lack of moneys or work; or other adverse significant
10 changes in duties or responsibilities that are inconsistent
11 with the employee's salary or employment classification. The
12 following procedures shall apply to an alleged unlawful
13 reprisal that occurs as a consequence of an employee's direct
14 or indirect involvement with an application to establish a
15 charter school:
16 1. Within 60 days after the date upon which a reprisal
17 prohibited by this subsection is alleged to have occurred, an
18 employee may file a complaint with the Department of
19 Education.
20 2. Within 3 working days after receiving a complaint
21 under this section, the Department of Education shall
22 acknowledge receipt of the complaint and provide copies of the
23 complaint and any other relevant preliminary information
24 available to each of the other parties named in the complaint,
25 which parties shall each acknowledge receipt of such copies to
26 the complainant.
27 3. If the Department of Education determines that the
28 complaint demonstrates reasonable cause to suspect that an
29 unlawful reprisal has occurred, the Department of Education
30 shall conduct an investigation to produce a fact-finding
31 report.
210
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 4. Within 90 days after receiving the complaint, the
2 Department of Education shall provide the district school
3 superintendent of the complainant's district and the
4 complainant with a fact-finding report that may include
5 recommendations to the parties or a proposed resolution of the
6 complaint. The fact-finding report shall be presumed
7 admissible in any subsequent or related administrative or
8 judicial review.
9 5. If the Department of Education determines that
10 reasonable grounds exist to believe that an unlawful reprisal
11 has occurred, is occurring, or is to be taken, and is unable
12 to conciliate a complaint within 60 days after receipt of the
13 fact-finding report, the Department of Education shall
14 terminate the investigation. Upon termination of any
15 investigation, the Department of Education shall notify the
16 complainant and the district school superintendent of the
17 termination of the investigation, providing a summary of
18 relevant facts found during the investigation and the reasons
19 for terminating the investigation. A written statement under
20 this paragraph is presumed admissible as evidence in any
21 judicial or administrative proceeding.
22 6. The Department of Education shall either contract
23 with the Division of Administrative Hearings under s. 120.65,
24 or otherwise provide for a complaint for which the Department
25 of Education determines reasonable grounds exist to believe
26 that an unlawful reprisal has occurred, is occurring, or is to
27 be taken, and is unable to conciliate, to be heard by a panel
28 of impartial persons. Upon hearing the complaint, the panel
29 shall make findings of fact and conclusions of law for a final
30 decision by the Department of Education.
31
211
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 It shall be an affirmative defense to any action brought
2 pursuant to this section that the adverse action was
3 predicated upon grounds other than, and would have been taken
4 absent, the employee's exercise of rights protected by this
5 section.
6 (b) In any action brought under this section for which
7 it is determined reasonable grounds exist to believe that an
8 unlawful reprisal has occurred, is occurring, or is to be
9 taken, the relief shall include the following:
10 1. Reinstatement of the employee to the same position
11 held before the unlawful reprisal was commenced, or to an
12 equivalent position, or payment of reasonable front pay as
13 alternative relief.
14 2. Reinstatement of the employee's full fringe
15 benefits and seniority rights, as appropriate.
16 3. Compensation, if appropriate, for lost wages,
17 benefits, or other lost remuneration caused by the unlawful
18 reprisal.
19 4. Payment of reasonable costs, including attorney's
20 fees, to a substantially prevailing employee, or to the
21 prevailing employer if the employee filed a frivolous action
22 in bad faith.
23 5. Issuance of an injunction, if appropriate, by a
24 court of competent jurisdiction.
25 6. Temporary reinstatement to the employee's former
26 position or to an equivalent position, pending the final
27 outcome of the complaint, if it is determined that the action
28 was not made in bad faith or for a wrongful purpose, and did
29 not occur after a district school board's initiation of a
30 personnel action against the employee that includes
31
212
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 documentation of the employee's violation of a disciplinary
2 standard or performance deficiency.
3 (5) SPONSOR.--
4 (a) A district school board may sponsor a charter
5 school in the county over which the district school board has
6 jurisdiction.
7 (b) A state university may grant a charter to a lab
8 school created under s. 1002.32 and shall be considered to be
9 the school's sponsor. Such school shall be considered a
10 charter lab school.
11 (c) The sponsor shall monitor and review the charter
12 school in its progress towards the goals established in the
13 charter.
14 (d) The sponsor shall monitor the revenues and
15 expenditures of the charter school.
16 (e) The sponsor may approve a charter for a charter
17 school before the applicant has secured space, equipment, or
18 personnel, if the applicant indicates approval is necessary
19 for it to raise working capital.
20 (f) The sponsor's policies shall not apply to a
21 charter school.
22 (g) A sponsor shall ensure that the charter is
23 innovative and consistent with the state education goals
24 established by s. 1000.03(5).
25 (6) APPLICATION PROCESS AND REVIEW.--
26 (a) A district school board shall receive and review
27 all applications for a charter school. A district school board
28 shall receive and consider charter school applications
29 received on or before October 1 of each calendar year for
30 charter schools to be opened at the beginning of the school
31 district's next school year, or to be opened at a time agreed
213
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 to by the applicant and the district school board. A district
2 school board may receive applications later than this date if
3 it chooses. A sponsor may not charge an applicant for a
4 charter any fee for the processing or consideration of an
5 application, and a sponsor may not base its consideration or
6 approval of an application upon the promise of future payment
7 of any kind.
8 1. In order to facilitate an accurate budget
9 projection process, a district school board shall be held
10 harmless for FTE students who are not included in the FTE
11 projection due to approval of charter school applications
12 after the FTE projection deadline. In a further effort to
13 facilitate an accurate budget projection, within 15 calendar
14 days after receipt of a charter school application, a district
15 school board or other sponsor shall report to the Department
16 of Education the name of the applicant entity, the proposed
17 charter school location, and its projected FTE.
18 2. A district school board shall by a majority vote
19 approve or deny an application no later than 60 calendar days
20 after the application is received, unless the district school
21 board and the applicant mutually agree to temporarily postpone
22 the vote to a specific date, at which time the district school
23 board shall by a majority vote approve or deny the
24 application. If the district school board fails to act on the
25 application, an applicant may appeal to the State Board of
26 Education as provided in paragraph (b). If an application is
27 denied, the district school board shall, within 10 calendar
28 days, articulate in writing the specific reasons based upon
29 good cause supporting its denial of the charter application.
30 3. For budget projection purposes, the district school
31 board or other sponsor shall report to the Department of
214
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Education the approval or denial of a charter application
2 within 10 calendar days after such approval or denial. In the
3 event of approval, the report to the Department of Education
4 shall include the final projected FTE for the approved charter
5 school.
6 4. Upon approval of a charter application, the initial
7 startup shall commence with the beginning of the public school
8 calendar for the district in which the charter is granted
9 unless the district school board allows a waiver of this
10 provision for good cause.
11 (b) An applicant may appeal any denial of that
12 applicant's application or failure to act on an application to
13 the State Board of Education no later than 30 calendar days
14 after receipt of the district school board's decision or
15 failure to act and shall notify the district school board of
16 its appeal. Any response of the district school board shall
17 be submitted to the State Board of Education within 30
18 calendar days after notification of the appeal. Upon receipt
19 of notification from the State Board of Education that a
20 charter school applicant is filing an appeal, the Commissioner
21 of Education shall convene a meeting of the Charter School
22 Appeal Commission to study and make recommendations to the
23 State Board of Education regarding its pending decision about
24 the appeal. The commission shall forward its recommendation
25 to the state board no later than 7 calendar days prior to the
26 date on which the appeal is to be heard. The State Board of
27 Education shall by majority vote accept or reject the decision
28 of the district school board no later than 60 calendar days
29 after an appeal is filed in accordance with State Board of
30 Education rule. The Charter School Appeal Commission may
31 reject an appeal submission for failure to comply with
215
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 procedural rules governing the appeals process. The rejection
2 shall describe the submission errors. The appellant may have
3 up to 15 calendar days from notice of rejection to resubmit an
4 appeal that meets requirements of State Board of Education
5 rule. An application for appeal submitted subsequent to such
6 rejection shall be considered timely if the original appeal
7 was filed within 30 calendar days after receipt of notice of
8 the specific reasons for the district school board's denial of
9 the charter application. The State Board of Education shall
10 remand the application to the district school board with its
11 written decision that the district school board approve or
12 deny the application. The district school board shall
13 implement the decision of the State Board of Education. The
14 decision of the State Board of Education is not subject to the
15 provisions of the Administrative Procedures Act, chapter 120.
16 (c) The district school board shall act upon the
17 decision of the State Board of Education within 30 calendar
18 days after it is received. The State Board of Education's
19 decision is a final action subject to judicial review.
20 (d)1. A Charter School Appeal Commission is
21 established to assist the commissioner and the State Board of
22 Education with a fair and impartial review of appeals by
23 applicants whose charters have been denied or whose charter
24 contracts have not been renewed by their sponsors.
25 2. The Charter School Appeal Commission may receive
26 copies of the appeal documents forwarded to the State Board of
27 Education, review the documents, gather other applicable
28 information regarding the appeal, and make a written
29 recommendation to the commissioner. The recommendation must
30 state whether the appeal should be upheld or denied and
31 include the reasons for the recommendation being offered. The
216
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 commissioner shall forward the recommendation to the State
2 Board of Education no later than 7 calendar days prior to the
3 date on which the appeal is to be heard. The state board must
4 consider the commission's recommendation in making its
5 decision, but is not bound by the recommendation. The
6 decision of the Charter School Appeal Commission is not
7 subject to the provisions of the Administrative Procedure Act,
8 chapter 120.
9 3. The commissioner shall appoint the members of the
10 Charter School Appeal Commission. Members shall serve without
11 compensation but may be reimbursed for travel and per diem
12 expenses in conjunction with their service. One-half of the
13 members must represent currently operating charter schools and
14 one-half of the members must represent school districts. The
15 commissioner or a named designee shall chair the Charter
16 School Appeal Commission.
17 4. The chair shall convene meetings of the commission
18 and shall ensure that the written recommendations are
19 completed and forwarded in a timely manner. In cases where
20 the commission cannot reach a decision, the chair shall make
21 the written recommendation with justification, noting that the
22 decision was rendered by the chair.
23 5. Commission members shall throughly review the
24 materials presented to them from the appellant and the
25 sponsor. The commission may request information to clarify
26 the documentation presented to it. In the course of its
27 review, the commission may facilitate the postponement of an
28 appeal in those cases where additional time and communication
29 may negate the need for a formal appeal and both parties
30 agree, in writing, to postpone the appeal to the State Board
31 of Education. A new date certain for the appeal shall then be
217
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 set based upon the rules and procedures of the State Board of
2 Education. Commission members shall provide a written
3 recommendation to the state board as to whether the appeal
4 should be upheld or denied. A fact-based justification for
5 the recommendation must be included. The chair must ensure
6 that the written recommendation is submitted to the State
7 Board of Education members no later than 7 calendar days prior
8 to the date on which the appeal is to be heard. Both parties
9 in the case shall also be provided a copy of the
10 recommendation.
11 (e) The Department of Education may provide technical
12 assistance to an applicant upon written request.
13 (f) In considering charter applications for a lab
14 school, a state university shall consult with the district
15 school board of the county in which the lab school is located.
16 The decision of a state university may be appealed pursuant to
17 the procedure established in this subsection.
18 (g) The terms and conditions for the operation of a
19 charter school shall be set forth by the sponsor and the
20 applicant in a written contractual agreement, called a
21 charter. The sponsor shall not impose unreasonable rules or
22 regulations that violate the intent of giving charter schools
23 greater flexibility to meet educational goals. The applicant
24 and sponsor shall have 6 months in which to mutually agree to
25 the provisions of the charter. The Department of Education
26 shall provide mediation services for any dispute regarding
27 this section subsequent to the approval of a charter
28 application and for any dispute relating to the approved
29 charter, except disputes regarding charter school application
30 denials. If the Commissioner of Education determines that the
31 dispute cannot be settled through mediation, the dispute may
218
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 be appealed to an administrative law judge appointed by the
2 Division of Administrative Hearings. The administrative law
3 judge may rule on issues of equitable treatment of the charter
4 school as a public school, whether proposed provisions of the
5 charter violate the intended flexibility granted charter
6 schools by statute, or on any other matter regarding this
7 section except a charter school application denial, and shall
8 award the prevailing party reasonable attorney's fees and
9 costs incurred to be paid by the losing party. The costs of
10 the administrative hearing shall be paid by the party whom the
11 administrative law judge rules against.
12 (7) CHARTER.--The major issues involving the operation
13 of a charter school shall be considered in advance and written
14 into the charter. The charter shall be signed by the governing
15 body of the charter school and the sponsor, following a public
16 hearing to ensure community input.
17 (a) The charter shall address, and criteria for
18 approval of the charter shall be based on:
19 1. The school's mission, the students to be served,
20 and the ages and grades to be included.
21 2. The focus of the curriculum, the instructional
22 methods to be used, any distinctive instructional techniques
23 to be employed, and identification and acquisition of
24 appropriate technologies needed to improve educational and
25 administrative performance which include a means for promoting
26 safe, ethical, and appropriate uses of technology which comply
27 with legal and professional standards.
28 3. The current incoming baseline standard of student
29 academic achievement, the outcomes to be achieved, and the
30 method of measurement that will be used. The criteria listed
31
219
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 in this subparagraph shall include a detailed description for
2 each of the following:
3 a. How the baseline student academic achievement
4 levels and prior rates of academic progress will be
5 established.
6 b. How these baseline rates will be compared to rates
7 of academic progress achieved by these same students while
8 attending the charter school.
9 c. To the extent possible, how these rates of progress
10 will be evaluated and compared with rates of progress of other
11 closely comparable student populations.
12
13 The district school board is required to provide academic
14 student performance data to charter schools for each of their
15 students coming from the district school system, as well as
16 rates of academic progress of comparable student populations
17 in the district school system.
18 4. The methods used to identify the educational
19 strengths and needs of students and how well educational goals
20 and performance standards are met by students attending the
21 charter school. Included in the methods is a means for the
22 charter school to ensure accountability to its constituents by
23 analyzing student performance data and by evaluating the
24 effectiveness and efficiency of its major educational
25 programs. Students in charter schools shall, at a minimum,
26 participate in the statewide assessment program created under
27 s. 1008.22.
28 5. In secondary charter schools, a method for
29 determining that a student has satisfied the requirements for
30 graduation in s. 1003.43.
31
220
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 6. A method for resolving conflicts between the
2 governing body of the charter school and the sponsor.
3 7. The admissions procedures and dismissal procedures,
4 including the school's code of student conduct.
5 8. The ways by which the school will achieve a
6 racial/ethnic balance reflective of the community it serves or
7 within the racial/ethnic range of other public schools in the
8 same school district.
9 9. The financial and administrative management of the
10 school, including a reasonable demonstration of the
11 professional experience or competence of those individuals or
12 organizations applying to operate the charter school or those
13 hired or retained to perform such professional services and
14 the description of clearly delineated responsibilities and the
15 policies and practices needed to effectively manage the
16 charter school. A description of internal audit procedures and
17 establishment of controls to ensure that financial resources
18 are properly managed must be included. Both public sector and
19 private sector professional experience shall be equally valid
20 in such a consideration.
21 10. A description of procedures that identify various
22 risks and provide for a comprehensive approach to reduce the
23 impact of losses; plans to ensure the safety and security of
24 students and staff; plans to identify, minimize, and protect
25 others from violent or disruptive student behavior; and the
26 manner in which the school will be insured, including whether
27 or not the school will be required to have liability
28 insurance, and, if so, the terms and conditions thereof and
29 the amounts of coverage.
30 11. The term of the charter which shall provide for
31 cancellation of the charter if insufficient progress has been
221
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 made in attaining the student achievement objectives of the
2 charter and if it is not likely that such objectives can be
3 achieved before expiration of the charter. The initial term of
4 a charter shall be for 3, 4, or 5 years. In order to
5 facilitate access to long-term financial resources for charter
6 school construction, charter schools that are operated by a
7 municipality or other public entity as provided by law are
8 eligible for up to a 15-year charter, subject to approval by
9 the district school board. A charter lab school is eligible
10 for a charter for a term of up to 15 years. In addition, to
11 facilitate access to long-term financial resources for charter
12 school construction, charter schools that are operated by a
13 private, not-for-profit, s. 501(c)(3) status corporation are
14 eligible for up to a 10-year charter, subject to approval by
15 the district school board. Such long-term charters remain
16 subject to annual review and may be terminated during the term
17 of the charter, but only for specific good cause according to
18 the provisions set forth in subsection (8).
19 12. The facilities to be used and their location.
20 13. The qualifications to be required of the teachers
21 and the potential strategies used to recruit, hire, train, and
22 retain qualified staff to achieve best value.
23 14. The governance structure of the school, including
24 the status of the charter school as a public or private
25 employer as required in paragraph (12)(i).
26 15. A timetable for implementing the charter which
27 addresses the implementation of each element thereof and the
28 date by which the charter shall be awarded in order to meet
29 this timetable.
30 16. In the case of an existing public school being
31 converted to charter status, alternative arrangements for
222
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 current students who choose not to attend the charter school
2 and for current teachers who choose not to teach in the
3 charter school after conversion in accordance with the
4 existing collective bargaining agreement or district school
5 board rule in the absence of a collective bargaining
6 agreement. However, alternative arrangements shall not be
7 required for current teachers who choose not to teach in a
8 charter lab school, except as authorized by the employment
9 policies of the state university which grants the charter to
10 the lab school.
11 (b) A charter may be renewed every 5 school years,
12 provided that a program review demonstrates that the criteria
13 in paragraph (a) have been successfully accomplished and that
14 none of the grounds for nonrenewal established by paragraph
15 (8)(a) have been documented. In order to facilitate long-term
16 financing for charter school construction, charter schools
17 operating for a minimum of 2 years and demonstrating exemplary
18 academic programming and fiscal management are eligible for a
19 15-year charter renewal. Such long-term charter is subject to
20 annual review and may be terminated during the term of the
21 charter.
22 (c) A charter may be modified during its initial term
23 or any renewal term upon the recommendation of the sponsor or
24 the charter school governing board and the approval of both
25 parties to the agreement.
26 (8) CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER.--
27 (a) At the end of the term of a charter, the sponsor
28 may choose not to renew the charter for any of the following
29 grounds:
30 1. Failure to meet the requirements for student
31 performance stated in the charter.
223
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 2. Failure to meet generally accepted standards of
2 fiscal management.
3 3. Violation of law.
4 4. Other good cause shown.
5 (b) During the term of a charter, the sponsor may
6 terminate the charter for any of the grounds listed in
7 paragraph (a).
8 (c) At least 90 days prior to renewing or terminating
9 a charter, the sponsor shall notify the governing body of the
10 school of the proposed action in writing. The notice shall
11 state in reasonable detail the grounds for the proposed action
12 and stipulate that the school's governing body may, within 14
13 calendar days after receiving the notice, request an informal
14 hearing before the sponsor. The sponsor shall conduct the
15 informal hearing within 30 calendar days after receiving a
16 written request. The charter school's governing body may,
17 within 14 calendar days after receiving the sponsor's decision
18 to terminate or refuse to renew the charter, appeal the
19 decision pursuant to the procedure established in subsection
20 (6).
21 (d) A charter may be terminated immediately if the
22 sponsor determines that good cause has been shown or if the
23 health, safety, or welfare of the students is threatened. The
24 school district in which the charter school is located shall
25 assume operation of the school under these circumstances. The
26 charter school's governing board may, within 14 days after
27 receiving the sponsor's decision to terminate the charter,
28 appeal the decision pursuant to the procedure established in
29 subsection (6).
30 (e) When a charter is not renewed or is terminated,
31 the school shall be dissolved under the provisions of law
224
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 under which the school was organized, and any unencumbered
2 public funds from the charter school shall revert to the
3 district school board. In the event a charter school is
4 dissolved or is otherwise terminated, all district school
5 board property and improvements, furnishings, and equipment
6 purchased with public funds shall automatically revert to full
7 ownership by the district school board, subject to complete
8 satisfaction of any lawful liens or encumbrances. Any
9 unencumbered public funds from the charter school, district
10 school board property and improvements, furnishings, and
11 equipment purchased with public funds, or financial or other
12 records pertaining to the charter school, in the possession of
13 any person, entity, or holding company, other than the charter
14 school, shall be held in trust upon the district school
15 board's request, until any appeal status is resolved.
16 (f) If a charter is not renewed or is terminated, the
17 charter school is responsible for all debts of the charter
18 school. The district may not assume the debt from any contract
19 for services made between the governing body of the school and
20 a third party, except for a debt that is previously detailed
21 and agreed upon in writing by both the district and the
22 governing body of the school and that may not reasonably be
23 assumed to have been satisfied by the district.
24 (g) If a charter is not renewed or is terminated, a
25 student who attended the school may apply to, and shall be
26 enrolled in, another public school. Normal application
27 deadlines shall be disregarded under such circumstances.
28 (9) CHARTER SCHOOL REQUIREMENTS.--
29 (a) A charter school shall be nonsectarian in its
30 programs, admission policies, employment practices, and
31 operations.
225
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) A charter school shall admit students as provided
2 in subsection (10).
3 (c) A charter school shall be accountable to its
4 sponsor for performance as provided in subsection (7).
5 (d) A charter school shall not charge tuition or
6 registration fees, except those fees normally charged by other
7 public schools. However, a charter lab school may charge a
8 student activity and service fee as authorized by s.
9 1002.32(5).
10 (e) A charter school shall meet all applicable state
11 and local health, safety, and civil rights requirements.
12 (f) A charter school shall not violate the
13 antidiscrimination provisions of s. 1000.05.
14 (g) A charter school shall provide for an annual
15 financial audit in accordance with s. 218.39.
16 (h) No organization shall hold more than 15 charters
17 statewide.
18 (i) In order to provide financial information that is
19 comparable to that reported for other public schools, charter
20 schools are to maintain all financial records which constitute
21 their accounting system:
22 1. In accordance with the accounts and codes
23 prescribed in the most recent issuance of the publication
24 titled "Financial and Program Cost Accounting and Reporting
25 for Florida Schools"; or
26 2. At the discretion of the charter school governing
27 board, a charter school may elect to follow generally accepted
28 accounting standards for not-for-profit organizations, but
29 must reformat this information for reporting according to this
30 paragraph.
31
226
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Charter schools are to provide annual financial report and
2 program cost report information in the state-required formats
3 for inclusion in district reporting in compliance with s.
4 1011.60(1). Charter schools that are operated by a
5 municipality or are a component unit of a parent nonprofit
6 organization may use the accounting system of the municipality
7 or the parent, but must reformat this information for
8 reporting according to this paragraph.
9 (j) The governing board of the charter school shall
10 annually adopt and maintain an operating budget.
11 (k) The governing body of the charter school shall
12 exercise continuing oversight over charter school operations
13 and make annual progress reports to its sponsor, which upon
14 verification shall be forwarded to the Commissioner of
15 Education at the same time as other annual school
16 accountability reports. The report shall contain at least the
17 following information:
18 1. The charter school's progress towards achieving the
19 goals outlined in its charter.
20 2. The information required in the annual school
21 report pursuant to s. 1008.345.
22 3. Financial records of the charter school, including
23 revenues and expenditures.
24 4. Salary and benefit levels of charter school
25 employees.
26 (l) A charter school shall not levy taxes or issue
27 bonds secured by tax revenues.
28 (m) A charter school shall provide instruction for at
29 least the number of days required by law for other public
30 schools, and may provide instruction for additional days.
31 (10) ELIGIBLE STUDENTS.--
227
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) A charter school shall be open to any student
2 covered in an interdistrict agreement or residing in the
3 school district in which the charter school is located;
4 however, in the case of a charter lab school, the charter lab
5 school shall be open to any student eligible to attend the lab
6 school as provided in s. 1002.32 or who resides in the school
7 district in which the charter lab school is located. Any
8 eligible student shall be allowed interdistrict transfer to
9 attend a charter school when based on good cause.
10 (b) The charter school shall enroll an eligible
11 student who submits a timely application, unless the number of
12 applications exceeds the capacity of a program, class, grade
13 level, or building. In such case, all applicants shall have an
14 equal chance of being admitted through a random selection
15 process.
16 (c) When a public school converts to charter status,
17 enrollment preference shall be given to students who would
18 have otherwise attended that public school.
19 (d) A charter school may give enrollment preference to
20 the following student populations:
21 1. Students who are siblings of a student enrolled in
22 the charter school.
23 2. Students who are the children of a member of the
24 governing board of the charter school.
25 3. Students who are the children of an employee of the
26 charter school.
27 (e) A charter school may limit the enrollment process
28 only to target the following student populations:
29 1. Students within specific age groups or grade
30 levels.
31
228
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 2. Students considered at risk of dropping out of
2 school or academic failure. Such students shall include
3 exceptional education students.
4 3. Students enrolling in a charter
5 school-in-the-workplace or charter school-in-a-municipality
6 established pursuant to subsection (16).
7 4. Students residing within a reasonable distance of
8 the charter school, as described in paragraph (21)(c). Such
9 students shall be subject to a random lottery and to the
10 racial/ethnic balance provisions described in subparagraph
11 (7)(a)8. or any federal provisions that require a school to
12 achieve a racial/ethnic balance reflective of the community it
13 serves or within the racial/ethnic range of other public
14 schools in the same school district.
15 5. Students who meet reasonable academic, artistic, or
16 other eligibility standards established by the charter school
17 and included in the charter school application and charter or,
18 in the case of existing charter schools, standards that are
19 consistent with the school's mission and purpose. Such
20 standards shall be in accordance with current state law and
21 practice in public schools and may not discriminate against
22 otherwise qualified individuals.
23 6. Students articulating from one charter school to
24 another pursuant to an articulation agreement between the
25 charter schools that has been approved by the sponsor.
26 (f) Students with handicapping conditions and students
27 served in English for Speakers of Other Languages programs
28 shall have an equal opportunity of being selected for
29 enrollment in a charter school.
30
31
229
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (g) A student may withdraw from a charter school at
2 any time and enroll in another public school as determined by
3 district school board rule.
4 (h) The capacity of the charter school shall be
5 determined annually by the governing board, in conjunction
6 with the sponsor, of the charter school in consideration of
7 the factors identified in this subsection.
8 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
9 ACTIVITIES.--A charter school student is eligible to
10 participate in an interscholastic extracurricular activity at
11 the public school to which the student would be otherwise
12 assigned to attend pursuant to s. 1006.15(3)(d).
13 (12) EMPLOYEES OF CHARTER SCHOOLS.--
14 (a) A charter school shall select its own employees. A
15 charter school may contract with its sponsor for the services
16 of personnel employed by the sponsor.
17 (b) Charter school employees shall have the option to
18 bargain collectively. Employees may collectively bargain as a
19 separate unit or as part of the existing district collective
20 bargaining unit as determined by the structure of the charter
21 school.
22 (c) The employees of a conversion charter school shall
23 remain public employees for all purposes, unless such
24 employees choose not to do so.
25 (d) The teachers at a charter school may choose to be
26 part of a professional group that subcontracts with the
27 charter school to operate the instructional program under the
28 auspices of a partnership or cooperative that they
29 collectively own. Under this arrangement, the teachers would
30 not be public employees.
31
230
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (e) Employees of a school district may take leave to
2 accept employment in a charter school upon the approval of the
3 district school board. While employed by the charter school
4 and on leave that is approved by the district school board,
5 the employee may retain seniority accrued in that school
6 district and may continue to be covered by the benefit
7 programs of that school district, if the charter school and
8 the district school board agree to this arrangement and its
9 financing. School districts shall not require resignations of
10 teachers desiring to teach in a charter school. This paragraph
11 shall not prohibit a district school board from approving
12 alternative leave arrangements consistent with chapter 1012.
13 (f) Teachers employed by or under contract to a
14 charter school shall be certified as required by chapter 1012.
15 A charter school governing board may employ or contract with
16 skilled selected noncertified personnel to provide
17 instructional services or to assist instructional staff
18 members as education paraprofessionals in the same manner as
19 defined in chapter 1012, and as provided by State Board of
20 Education rule for charter school governing boards. A charter
21 school may not knowingly employ an individual to provide
22 instructional services or to serve as an education
23 paraprofessional if the individual's certification or
24 licensure as an educator is suspended or revoked by this or
25 any other state. A charter school may not knowingly employ an
26 individual who has resigned from a school district in lieu of
27 disciplinary action with respect to child welfare or safety,
28 or who has been dismissed for just cause by any school
29 district with respect to child welfare or safety. The
30 qualifications of teachers shall be disclosed to parents.
31
231
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (g) A charter school shall employ or contract with
2 employees who have been fingerprinted as provided in s.
3 1012.32. Members of the governing board of the charter school
4 shall also be fingerprinted in a manner similar to that
5 provided in s. 1012.32.
6 (h) For the purposes of tort liability, the governing
7 body and employees of a charter school shall be governed by s.
8 768.28.
9 (i) A charter school shall organize as, or be operated
10 by, a nonprofit organization. A charter school may be operated
11 by a municipality or other public entity as provided for by
12 law. As such, the charter school may be either a private or a
13 public employer. As a public employer, a charter school may
14 participate in the Florida Retirement System upon application
15 and approval as a "covered group" under s. 121.021(34). If a
16 charter school participates in the Florida Retirement System,
17 the charter school employees shall be compulsory members of
18 the Florida Retirement System. As either a private or a public
19 employer, a charter school may contract for services with an
20 individual or group of individuals who are organized as a
21 partnership or a cooperative. Individuals or groups of
22 individuals who contract their services to the charter school
23 are not public employees.
24 (13) NUMBER OF SCHOOLS.--
25 (a) The number of newly created charter schools is
26 limited to no more than 28 in each school district that has
27 100,000 or more students, no more than 20 in each school
28 district that has 50,000 to 99,999 students, and no more than
29 12 in each school district with fewer than 50,000 students.
30
31
232
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) An existing public school which converts to a
2 charter school shall not be counted towards the limit
3 established by paragraph (a).
4 (c) Notwithstanding any limit established by this
5 subsection, a district school board or a charter school
6 applicant shall have the right to request an increase of the
7 limit on the number of charter schools authorized to be
8 established within the district from the State Board of
9 Education.
10 (d) Whenever a municipality has submitted charter
11 applications for the establishment of a charter school feeder
12 pattern (elementary, middle, and senior high schools), and
13 upon approval of each individual charter application by the
14 district school board, such applications shall then be
15 designated as one charter school for all purposes listed
16 pursuant to this section.
17 (14) CHARTER SCHOOL COOPERATIVES.--Charter schools may
18 enter into cooperative agreements to form charter school
19 cooperative organizations that may provide the following
20 services: charter school planning and development, direct
21 instructional services, and contracts with charter school
22 governing boards to provide personnel administrative services,
23 payroll services, human resource management, evaluation and
24 assessment services, teacher preparation, and professional
25 development.
26 (15) CHARTER SCHOOL FINANCIAL ARRANGEMENTS;
27 INDEMNIFICATION OF THE STATE AND SCHOOL DISTRICT; CREDIT OR
28 TAXING POWER NOT TO BE PLEDGED.--Any arrangement entered into
29 to borrow or otherwise secure funds for a charter school
30 authorized in this section from a source other than the state
31 or a school district shall indemnify the state and the school
233
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 district from any and all liability, including, but not
2 limited to, financial responsibility for the payment of the
3 principal or interest. Any loans, bonds, or other financial
4 agreements are not obligations of the state or the school
5 district but are obligations of the charter school authority
6 and are payable solely from the sources of funds pledged by
7 such agreement. The credit or taxing power of the state or the
8 school district shall not be pledged and no debts shall be
9 payable out of any moneys except those of the legal entity in
10 possession of a valid charter approved by a district school
11 board pursuant to this section.
12 (16) CHARTER SCHOOLS-IN-THE-WORKPLACE; CHARTER
13 SCHOOLS-IN-A-MUNICIPALITY.--
14 (a) In order to increase business partnerships in
15 education, to reduce school and classroom overcrowding
16 throughout the state, and to offset the high costs for
17 educational facilities construction, the Legislature intends
18 to encourage the formation of business partnership schools or
19 satellite learning centers and municipal-operated schools
20 through charter school status.
21 (b) A charter school-in-the-workplace may be
22 established when a business partner provides the school
23 facility to be used; enrolls students based upon a random
24 lottery that involves all of the children of employees of that
25 business or corporation who are seeking enrollment, as
26 provided for in subsection (10); and enrolls students
27 according to the racial/ethnic balance provisions described in
28 subparagraph (7)(a)8. Any portion of a facility used for a
29 public charter school shall be exempt from ad valorem taxes,
30 as provided for in s. 1013.54, for the duration of its use as
31 a public school.
234
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (c) A charter school-in-a-municipality designation may
2 be granted to a municipality that possesses a charter; enrolls
3 students based upon a random lottery that involves all of the
4 children of the residents of that municipality who are seeking
5 enrollment, as provided for in subsection (10); and enrolls
6 students according to the racial/ethnic balance provisions
7 described in subparagraph (7)(a)8. Any portion of the land and
8 facility used for a public charter school shall be exempt from
9 ad valorem taxes, as provided for in s. 1013.54, for the
10 duration of its use as a public school.
11 (d) As used in this subsection, the terms "business
12 partner" or "municipality" may include more than one business
13 or municipality to form a charter school-in-the-workplace or
14 charter school-in-a-municipality.
15 (17) EXEMPTION FROM STATUTES.--
16 (a) A charter school shall operate in accordance with
17 its charter and shall be exempt from all statutes in chapters
18 1000-1013. However, a charter school shall be in compliance
19 with the following statutes in chapters 1000-1013:
20 1. Those statutes specifically applying to charter
21 schools, including this section.
22 2. Those statutes pertaining to the student assessment
23 program and school grading system.
24 3. Those statutes pertaining to the provision of
25 services to students with disabilities.
26 4. Those statutes pertaining to civil rights,
27 including s. 1000.05, relating to discrimination.
28 5. Those statutes pertaining to student health,
29 safety, and welfare.
30 (b) Additionally, a charter school shall be in
31 compliance with the following statutes:
235
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 1. Section 286.011, relating to public meetings and
2 records, public inspection, and criminal and civil penalties.
3 2. Chapter 119, relating to public records.
4 (18) FUNDING.--Students enrolled in a charter school,
5 regardless of the sponsorship, shall be funded as if they are
6 in a basic program or a special program, the same as students
7 enrolled in other public schools in the school district.
8 Funding for a charter lab school shall be as provided in s.
9 1002.32.
10 (a) Each charter school shall report its student
11 enrollment to the district school board as required in s.
12 1011.62, and in accordance with the definitions in s. 1011.61.
13 The district school board shall include each charter school's
14 enrollment in the district's report of student enrollment. All
15 charter schools submitting student record information required
16 by the Department of Education shall comply with the
17 Department of Education's guidelines for electronic data
18 formats for such data, and all districts shall accept
19 electronic data that complies with the Department of
20 Education's electronic format.
21 (b) The basis for the agreement for funding students
22 enrolled in a charter school shall be the sum of the school
23 district's operating funds from the Florida Education Finance
24 Program as provided in s. 1011.62 and the General
25 Appropriations Act, including gross state and local funds,
26 discretionary lottery funds, and funds from the school
27 district's current operating discretionary millage levy;
28 divided by total funded weighted full-time equivalent students
29 in the school district; multiplied by the weighted full-time
30 equivalent students for the charter school. Charter schools
31 whose students or programs meet the eligibility criteria in
236
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 law shall be entitled to their proportionate share of
2 categorical program funds included in the total funds
3 available in the Florida Education Finance Program by the
4 Legislature, including transportation. Total funding for each
5 charter school shall be recalculated during the year to
6 reflect the revised calculations under the Florida Education
7 Finance Program by the state and the actual weighted full-time
8 equivalent students reported by the charter school during the
9 full-time equivalent student survey periods designated by the
10 Commissioner of Education.
11 (c) If the district school board is providing programs
12 or services to students funded by federal funds, any eligible
13 students enrolled in charter schools in the school district
14 shall be provided federal funds for the same level of service
15 provided students in the schools operated by the district
16 school board. Pursuant to provisions of 20 U.S.C. 8061 s.
17 10306, all charter schools shall receive all federal funding
18 for which the school is otherwise eligible, including Title I
19 funding, not later than 5 months after the charter school
20 first opens and within 5 months after any subsequent expansion
21 of enrollment.
22 (d) District school boards shall make every effort to
23 ensure that charter schools receive timely and efficient
24 reimbursement, including processing paperwork required to
25 access special state and federal funding for which they may be
26 eligible. The district school board may distribute funds to a
27 charter school for up to 3 months based on the projected
28 full-time equivalent student membership of the charter school.
29 Thereafter, the results of full-time equivalent student
30 membership surveys shall be used in adjusting the amount of
31 funds distributed monthly to the charter school for the
237
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 remainder of the fiscal year. The payment shall be issued no
2 later than 10 working days after the district school board
3 receives a distribution of state or federal funds. If a
4 warrant for payment is not issued within 30 working days after
5 receipt of funding by the district school board, the school
6 district shall pay to the charter school, in addition to the
7 amount of the scheduled disbursement, interest at a rate of 1
8 percent per month calculated on a daily basis on the unpaid
9 balance from the expiration of the 30-day period until such
10 time as the warrant is issued.
11 (19) FACILITIES.--
12 (a) A charter school shall utilize facilities which
13 comply with the State Uniform Building Code for Public
14 Educational Facilities Construction adopted pursuant to s.
15 1013.37 or with applicable state minimum building codes
16 pursuant to chapter 553 and state minimum fire protection
17 codes pursuant to s. 633.025, as adopted by the authority in
18 whose jurisdiction the facility is located.
19 (b) Any facility, or portion thereof, used to house a
20 charter school whose charter has been approved by the sponsor
21 and the governing board, pursuant to subsection (7), shall be
22 exempt from ad valorem taxes pursuant to s. 196.1983.
23 (c) Charter school facilities shall utilize facilities
24 which comply with the Florida Building Code, pursuant to
25 chapter 553, and the Florida Fire Prevention Code, pursuant to
26 chapter 633.
27 (d) Charter school facilities are exempt from
28 assessments of fees for building permits, except as provided
29 in s. 553.80, and from assessments of impact fees or service
30 availability fees.
31
238
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (e) If a district school board facility or property is
2 available because it is surplus, marked for disposal, or
3 otherwise unused, it shall be provided for a charter school's
4 use on the same basis as it is made available to other public
5 schools in the district. A charter school receiving property
6 from the school district may not sell or dispose of such
7 property without written permission of the school district.
8 Similarly, for an existing public school converting to charter
9 status, no rental or leasing fee for the existing facility or
10 for the property normally inventoried to the conversion school
11 may be charged by the district school board to the parents and
12 teachers organizing the charter school. The charter organizers
13 shall agree to reasonable maintenance provisions in order to
14 maintain the facility in a manner similar to district school
15 board standards. The Public Education Capital Outlay
16 maintenance funds or any other maintenance funds generated by
17 the facility operated as a conversion school shall remain with
18 the conversion school.
19 (20) CAPITAL OUTLAY FUNDING.--Charter schools are
20 eligible for capital outlay funds pursuant to s. 1013.62.
21 (21) SERVICES.--
22 (a) A sponsor shall provide certain administrative and
23 educational services to charter schools. These services shall
24 include contract management services, full-time equivalent and
25 data reporting services, exceptional student education
26 administration services, test administration services,
27 processing of teacher certificate data services, and
28 information services. Any administrative fee charged by the
29 sponsor for the provision of services shall be limited to 5
30 percent of the available funds defined in paragraph (18)(b).
31
239
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (b) If goods and services are made available to the
2 charter school through the contract with the school district,
3 they shall be provided to the charter school at a rate no
4 greater than the district's actual cost. To maximize the use
5 of state funds, school districts shall allow charter schools
6 to participate in the sponsor's bulk purchasing program if
7 applicable.
8 (c) Transportation of charter school students shall be
9 provided by the charter school consistent with the
10 requirements of part I.e. of chapter 1006. The governing body
11 of the charter school may provide transportation through an
12 agreement or contract with the district school board, a
13 private provider, or parents. The charter school and the
14 sponsor shall cooperate in making arrangements that ensure
15 that transportation is not a barrier to equal access for all
16 students residing within a reasonable distance of the charter
17 school as determined in its charter.
18 (22) PUBLIC INFORMATION ON CHARTER SCHOOLS.--The
19 Department of Education shall provide information to the
20 public, directly and through sponsors, both on how to form and
21 operate a charter school and on how to enroll in charter
22 schools once they are created. This information shall include
23 a standard application format which shall include the
24 information specified in subsection (7). This application
25 format may be used by chartering entities.
26 (23) CHARTER SCHOOL REVIEW PANEL AND LEGISLATIVE
27 REVIEW.--
28 (a) The Department of Education shall regularly
29 convene a Charter School Review Panel in order to review
30 issues, practices, and policies regarding charter schools. The
31 composition of the review panel shall include individuals with
240
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 experience in finance, administration, law, education, and
2 school governance, and individuals familiar with charter
3 school construction and operation. The panel shall include two
4 appointees each from the Commissioner of Education, the
5 President of the Senate, and the Speaker of the House of
6 Representatives. The Governor shall appoint three members of
7 the panel and shall designate the chair. Each member of the
8 panel shall serve a 1-year term, unless renewed by the office
9 making the appointment. The panel shall make recommendations
10 to the Legislature, to the Department of Education, to charter
11 schools, and to school districts for improving charter school
12 operations and oversight and for ensuring best business
13 practices at and fair business relationships with charter
14 schools.
15 (b) The Legislature shall review the operation of
16 charter schools during the 2005 Regular Session of the
17 Legislature.
18 (24) ANALYSIS OF CHARTER SCHOOL PERFORMANCE.--Upon
19 receipt of the annual report required by paragraph (9)(k), the
20 Department of Education shall provide to the State Board of
21 Education, the Commissioner of Education, the President of the
22 Senate, and the Speaker of the House of Representatives an
23 analysis and comparison of the overall performance of charter
24 school students, to include all students whose scores are
25 counted as part of the statewide assessment program, versus
26 comparable public school students in the district as
27 determined by the statewide assessment program currently
28 administered in the school district, and other assessments
29 administered pursuant to s. 1008.22(3).
30 (25) CONVERSION CHARTER SCHOOL PILOT PROGRAM.--
31
241
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) The conversion charter school pilot program is
2 hereby established with the intent to provide incentives for
3 local school districts to approve conversion charter schools.
4 (b) The conversion charter school pilot program shall
5 be a statewide pilot program in which 10 schools shall be
6 selected based on a competitive application process in
7 accordance with this section.
8 (c) The purpose of the pilot program is to produce
9 significant improvements in student achievement and school
10 management, to encourage and measure the use of innovative
11 learning methods, and to make the school the unit for
12 improvement.
13 (d) Each school principal or a majority of the parents
14 of students attending the school, a majority of the school's
15 teachers, or a majority of the members of the school advisory
16 council may apply to the school district to participate in
17 this pilot program on forms which shall be provided by the
18 Department of Education. The forms shall include
19 acknowledgment by the school principal of applicable
20 provisions of this section and s. 1013.62. For purposes of
21 this paragraph, "a majority of the parents of students
22 attending the school" means more than 50 percent of the
23 parents voting whose children are enrolled at the school,
24 provided that a majority of the parents eligible to vote
25 participate in the ballot process; and "a majority of the
26 school's teachers" means more than 50 percent of the teachers
27 employed at the school, according to procedures established by
28 rule of the State Board of Education pursuant to subsections
29 (3) and (4).
30 (e) A person or group who has applied to participate
31 in the pilot program created by this section, pursuant to
242
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 paragraph (d), shall not be subject to an unlawful reprisal,
2 as defined by paragraph (4)(a), as a consequence of such
3 application. The procedures established by subsections (3) and
4 (4) shall apply to any alleged unlawful reprisal which occurs
5 as a consequence of such application.
6 (f) A district school board shall receive and review
7 all applications by school principals, parents, teachers, or
8 school advisory council members to participate in the pilot
9 project; shall select the best applications; and shall submit
10 these applications, together with the district school board's
11 letter of endorsement and commitment of support and
12 cooperation toward the success of program implementation, for
13 review by the statewide selection panel established pursuant
14 to paragraph (g).
15 (g) A conversion charter school pilot program
16 statewide selection panel is established. The panel shall be
17 comprised of the following nine members who are not elected
18 public officials:
19 1. Three members shall be appointed by the Governor.
20 2. Two members shall be appointed by the Commissioner
21 of Education.
22 3. Two members shall be appointed by the President of
23 the Senate.
24 4. Two members shall be appointed by the Speaker of
25 the House of Representatives.
26
27 The panel shall review the conversion charter school pilot
28 program applications submitted by the district school boards
29 and shall select the 10 applications which the panel deems
30 best comply with the purpose of the program pursuant to
31 paragraph (c).
243
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (h) Each district school board in which there is a
2 school selected by the statewide panel for participation in
3 the pilot program shall receive a grant as provided in the
4 General Appropriations Act:
5 1. One hundred thousand dollars for planning and
6 development for each conversion charter school selected; and
7 2.a. Eighty thousand dollars for each conversion
8 charter school selected with 500 or fewer students;
9 b. One hundred thousand dollars for each conversion
10 charter school selected with more than 500 but fewer than
11 1,001 students; or
12 c. One hundred twenty thousand dollars for each
13 conversion charter school selected with more than 1,000
14 students.
15
16 The Commissioner of Education may reduce the district's FEFP
17 funding entitlement by the amount of the grant awarded under
18 this subsection if he or she determines that the district has
19 failed to comply with its letter of endorsement and commitment
20 of support and cooperation submitted under paragraph (f).
21 (i) Each conversion charter school selected for
22 participation in the pilot program shall make annual progress
23 reports to the district school board and the Commissioner of
24 Education detailing the school's progress in achieving the
25 purpose of the program as described in paragraph (c).
26 (26) RULEMAKING.--The Department of Education, after
27 consultation with school districts and charter school
28 directors, shall recommend that the State Board of Education
29 adopt rules to implement specific subsections of this section.
30 Such rules shall require minimum paperwork and shall not limit
31 charter school flexibility authorized by statute.
244
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 Section 99. Section 1002.34, Florida Statutes, is
2 created to read:
3 1002.34 Charter technical career centers.--
4 (1) AUTHORIZATION.--The Legislature finds that the
5 establishment of charter technical career centers can assist
6 in promoting advances and innovations in workforce preparation
7 and economic development. A charter technical career center
8 may provide a learning environment that better serves the
9 needs of a specific population group or a group of
10 occupations, thus promoting diversity and choices within the
11 public education and public postsecondary technical education
12 community in this state. Therefore, the creation of such
13 centers is authorized as part of the state's program of public
14 education. A charter technical career center may be formed by
15 creating a new school or converting an existing school
16 district or community college program to charter technical
17 status.
18 (2) PURPOSE.--The purpose of a charter technical
19 career center is to:
20 (a) Develop a competitive workforce to support local
21 business and industry and economic development.
22 (b) Create a training and education model that is
23 reflective of marketplace realities.
24 (c) Offer a continuum of career educational
25 opportunities using a school-to-work, tech-prep, technical,
26 academy, and magnet school model.
27 (d) Provide career pathways for lifelong learning and
28 career mobility.
29 (e) Enhance career and technical training.
30 (3) DEFINITIONS.--As used in this section, the term:
31
245
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) "Charter technical career center" or "center"
2 means a public school or a public technical center operated
3 under a charter granted by a district school board or
4 community college board of trustees or a consortium, including
5 one or more district school boards and community college
6 boards of trustees, that includes the district in which the
7 facility is located, that is nonsectarian in its programs,
8 admission policies, employment practices, and operations, and
9 is managed by a board of directors.
10 (b) "Sponsor" means a district school board, a
11 community college board of trustees, or a consortium of one or
12 more of each.
13 (4) CHARTER.--A sponsor may designate centers as
14 provided in this section. An application to establish a
15 center may be submitted by a sponsor or another organization
16 that is determined, by rule of the State Board of Education,
17 to be appropriate. However, an independent school is not
18 eligible for status as a center. The charter must be signed
19 by the governing body of the center and the sponsor, and must
20 be approved by the district school board and community college
21 board of trustees in whose geographic region the facility is
22 located. If a charter technical career center is established
23 by the conversion to charter status of a public technical
24 center formerly governed by a district school board, the
25 charter status of that center takes precedence in any question
26 of governance. The governance of the center or of any program
27 within the center remains with its board of directors unless
28 the board agrees to a change in governance or its charter is
29 revoked as provided in subsection (15). Such a conversion
30 charter technical career center is not affected by a change in
31 the governance of public technical centers or of programs
246
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 within other centers that are or have been governed by
2 district school boards. A charter technical career center, or
3 any program within such a center, that was governed by a
4 district school board and transferred to a community college
5 prior to the effective date of this act is not affected by
6 this provision. An applicant who wishes to establish a center
7 must submit to the district school board or community college
8 board of trustees, or a consortium of one or more of each, an
9 application that includes:
10 (a) The name of the proposed center.
11 (b) The proposed structure of the center, including a
12 list of proposed members of the board of directors or a
13 description of the qualifications for and method of their
14 appointment or election.
15 (c) The workforce development goals of the center, the
16 curriculum to be offered, and the outcomes and the methods of
17 assessing the extent to which the outcomes are met.
18 (d) The admissions policy and criteria for evaluating
19 the admission of students.
20 (e) A description of the staff responsibilities and
21 the proposed qualifications of the teaching staff.
22 (f) A description of the procedures to be implemented
23 to ensure significant involvement of representatives of
24 business and industry in the operation of the center.
25 (g) A method for determining whether a student has
26 satisfied the requirements for graduation specified in s.
27 1003.43 and for completion of a postsecondary certificate or
28 degree.
29 (h) A method for granting secondary and postsecondary
30 diplomas, certificates, and degrees.
31
247
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (i) A description of and address for the physical
2 facility in which the center will be located.
3 (j) A method of resolving conflicts between the
4 governing body of the center and the sponsor and between
5 consortium members, if applicable.
6 (k) A method for reporting student data as required by
7 law and rule.
8 (l) Other information required by the district school
9 board or community college board of trustees.
10
11 Students at a center must meet the same testing and academic
12 performance standards as those established by law and rule for
13 students at public schools and public technical centers. The
14 students must also meet any additional assessment indicators
15 that are included within the charter approved by the district
16 school board or community college board of trustees.
17 (5) APPLICATION.--An application to establish a center
18 must be submitted by February 1 of the year preceding the
19 school year in which the center will begin operation. The
20 sponsor must review the application and make a final decision
21 on whether to approve the application and grant the charter by
22 March 1, and may condition the granting of a charter on the
23 center's taking certain actions or maintaining certain
24 conditions. Such actions and conditions must be provided to
25 the applicant in writing. The district school board or
26 community college board of trustees is not required to issue a
27 charter to any person.
28 (6) SPONSOR.--A district school board or community
29 college board of trustees or a consortium of one or more of
30 each may sponsor a center in the county in which the board has
31 jurisdiction.
248
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 (a) A sponsor must review all applications for centers
2 received through at least February 1 of each calendar year for
3 centers to be opened at the beginning of the sponsor's next
4 school year. A sponsor may receive applications later than
5 this date if it so chooses. To facilitate an accurate budget
6 projection process, a sponsor shall be held harmless for FTE
7 students who are not included in the FTE projection due to
8 approval of applications after the FTE projection deadline. A
9 sponsor must, by a majority vote, approve or deny an
10 application no later than 60 days after the application is
11 received. If an application is denied, the sponsor must,
12 within 10 days, notify the applicant in writing of the
13 specific reasons for denial, which must be based upon good
14 cause. Upon approval of a charter application, the initial
15 startup must be consistent with the beginning of the public
16 school or community college calendar for the district in which
17 the charter is granted, unless the sponsor allows a waiver of
18 this provision for good cause.
19 (b) An applicant may appeal any denial of its
20 application to the State Board of Education within 30 days
21 after the sponsor's denial and shall notify the sponsor of its
22 appeal. Any response of the sponsor must be submitted to the
23 state board within 30 days after notification of the appeal.
24 The State Board of Education must, by majority vote, accept or
25 reject the decision of the sponsor no later than 60 days after
26 an appeal is filed, pursuant to State Board of Education rule.
27 The State Board of Education may reject an appeal for failure
28 to comply with procedural rules governing the appeals process,
29 and the rejection must describe the submission errors. The
30 appellant may have up to 15 days after notice of rejection to
31 resubmit an appeal. An application for appeal submitted after
249
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 a rejection is timely if the original appeal was filed within
2 30 days after the sponsor's denial. The State Board of
3 Education shall remand the application to the sponsor with a
4 written recommendation that the sponsor approve or deny the
5 application, consistent with the state board's decision. The
6 decision of the State Board of Education is not subject to the
7 provisions of chapter 120.
8 (c) The sponsor must act upon the recommendation of
9 the State Board of Education within 30 days after it is
10 received, unless the sponsor determines by competent
11 substantial evidence that approving the state board's
12 recommendation would be contrary to law or the best interests
13 of the students or the community. The sponsor must notify the
14 applicant in writing concerning the specific reasons for its
15 failure to follow the state board's recommendation. The
16 sponsor's action on the state board's recommendation is a
17 final action, subject to judicial review.
18 (d) The Department of Education may provide technical
19 assistance to an applicant upon written request.
20 (e) The terms and conditions for the operation of a
21 center must be agreed to by the sponsor and the applicant in a
22 written contract. The sponsor may not impose unreasonable
23 requirements that violate the intent of giving centers greater
24 flexibility to meet educational goals. The applicant and
25 sponsor must reach an agreement on the provisions of the
26 contract or the application is deemed denied.
27 (f) The sponsor shall monitor and review the center's
28 progress towards charter goals and shall monitor the center's
29 revenues and expenditures.
30 (7) LEGAL ENTITY.--A center must organize as a
31 nonprofit organization and adopt a name and corporate seal. A
250
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1 center is a body corporate and politic, with all powers to
2 implement its charter program. The center may:
3 (a) Be a private or a public employer.
4 (b) Sue and be sued, but only to the same extent and
5 upon the same conditions that a public entity can be sued.
6 (c) Acquire real property by purchase, lease, lease
7 with an option to purchase, or gift, to use as a center
8 facility.
9 (d) Receive and disburse funds.
10 (e) Enter into contracts or leases for services,
11 equipment, or supplies.
12 (f) Incur temporary debts in anticipation of the
13 receipt of funds.
14 (g) Solicit and accept gifts or grants for career
15 center purposes.
16 (h) Take any other action that is not inconsistent
17 with this section and rules adopted under this section.
18 (8) ELIGIBLE STUDENTS.--A center must be open to all
19 students as space is available and may not discriminate in
20 admissions policies or practices on the basis of an
21 individual's physical disability or proficiency in English or
22 on any other basis that would be unlawful if practiced by a
23 public school or a community college. A center may establish
24 reasonable criteria by which to evaluate prospective students,
25 which criteria must be outlined in the charter.
26 (9) FACILITIES.--A center may be located in any
27 suitable location, including part of an existing public school
28 or community college building, space provided on a public
29 worksite, or a public building. A center's facilities must
30 comply with the State Uniform Building Code for Public
31 Educational Facilities Construction adopted pursuant to s.
251
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
2002 Legislature SB 20-E, 1st Engrossed
1