The Florida Senate

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h)  Vocational classes and schools.--Provide for the establishment and maintenance of vocational schools, departments, or classes, giving instruction in career education as defined by regulations of the state board, and use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools or classes.

(i)  School boards authorized to establish public evening schools.--Have the authority to establish public evening schools.

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

(k)  Planning time for teachers.--The board may adopt plans and regulations which will make provisions for teachers to have time for lunch and some planning time when they will not be directly responsible for the children; provided that some adult supervision will be furnished for the students during such periods.

(l)  Comprehensive program of staff development.--Establish a comprehensive program of staff development.

(m)  Exceptional students.--Provide for an appropriate program of special instruction, facilities, and services for exceptional students as prescribed by the state board as acceptable, including provisions that:

1.  The school board provide the necessary professional services for diagnosis and evaluation of exceptional students.

2.  The school board provide the special instruction, classes, and services, either within the district school system, in cooperation with other district school systems, or through contractual arrangements with approved nonpublic schools or community facilities which meet standards established by the commissioner.

3.  The school board annually provide information describing the Florida School for the Deaf and the Blind and all other programs and methods of instruction available to the parent or guardian of a sensory-impaired student.

4.  The school board, once every 3 years, submit to the department its proposed procedures for the provision of special instruction and services for exceptional students.

5.  No student be given special instruction or services as an exceptional student until after he or she has been properly evaluated, classified, and placed in the manner prescribed by rules of the commissioner. The parent or guardian of an exceptional student evaluated and placed or denied placement in a program of special education shall be notified of each such evaluation and placement or denial. Such notice shall contain a statement informing the parent or guardian that he or she is entitled to a due process hearing on the identification, evaluation, and placement, or lack thereof. Such hearings shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011, and any records created as a result of such hearings shall be confidential and exempt from the provisions of s. 119.07(1), to the extent that the commissioner adopts rules establishing other procedures. The hearing must be conducted by an administrative law judge from the Division of Administrative Hearings of the Department of Management Services. The decision of the administrative law judge shall be final, except that any party aggrieved by the finding and decision rendered by the administrative law judge shall have the right to bring a civil action in the circuit court. In such an action, the court shall receive the records of the administrative hearing and shall hear additional evidence at the request of either party. In the alternative, any party aggrieved by the finding and decision rendered by the administrative law judge shall have the right to request an impartial review of the administrative law judge's order by the district court of appeal as provided by s. 120.68. Notwithstanding any law to the contrary, during the pendency of any proceeding conducted pursuant to this section, unless the district school board and the parents or guardian otherwise agree, the child shall remain in his or her then-current educational assignment or, if applying for initial admission to a public school, shall be assigned, with the consent of the parents or guardian, in the public school program until all such proceedings have been completed.

6.  In providing for the education of exceptional students, the superintendent, principals, and teachers shall utilize the regular school facilities and adapt them to the needs of exceptional students to the maximum extent appropriate. Segregation of exceptional students shall occur only if the nature or severity of the exceptionality is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.

(n)  Alternative education programs for students in residential care facilities.--Provide educational programs according to rules of the state board to students who reside in residential care facilities operated by the Department of Children and Family Services.

1.  The district school board shall not be charged any rent, maintenance, utilities, or overhead on such facilities. Maintenance, repairs, and remodeling of existing facilities shall be provided by the Department of Children and Family Services.

2.  If additional facilities are required, the district school board and the Department of Children and Family Services shall agree on the appropriate site based on the instructional needs of the students. When the most appropriate site for instruction is on district school board property, a special capital outlay request shall be made by the commissioner in accordance with s. 235.41. When the most appropriate site is on state property, state capital outlay funds shall be requested by the Department of Children and Family Services as provided by s. 216.043 and shall be submitted as specified by s. 216.023. Any instructional facility to be built on state property shall have educational specifications jointly developed by the school district and the Department of Children and Family Services and approved by the Department of Education. The size of space and occupant design capacity criteria as provided by state board rules shall be used for remodeling or new construction whether facilities are provided on state property or district school board property. The planning of such additional facilities shall incorporate current Department of Children and Family Services deinstitutionalization plans.

3.  The school board shall have full and complete authority in the matter of the assignment and placement of such students in educational programs. The parent or guardian of exceptional students shall have the due process rights provided for in subparagraph (m)5.

4.  The school board shall have a written agreement with the Department of Children and Family Services outlining the respective duties and responsibilities of each party.

Notwithstanding the provisions herein, the educational program at the Marianna Sunland Center in Jackson County shall be operated by the Department of Education, either directly or through grants or contractual agreements with other public or duly accredited educational agencies approved by the Department of Education.

(o)  Early childhood and basic skills development.--Provide for early childhood and basic skills development.

(5)  PERSONNEL.--Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the requirements of chapter 231:

(a)  Positions, qualifications, and appointments.--Act upon written recommendations submitted by the superintendent for positions to be filled and for minimum qualifications for personnel for the various positions and act upon written nominations of persons to fill such positions. The school board may reject for good cause any employee nominated. If the third nomination by the superintendent for any position is rejected for good cause, if the superintendent fails to submit a nomination for initial employment within a reasonable time as prescribed by the school board, or if the superintendent fails to submit a nomination for reemployment within the time prescribed by law, the school board may proceed on its own motion to fill such position. The school board's decision to reject a person's nomination does not give that person a right of action to sue over the rejection and may not be used as a cause of action by the nominated employee.

(b)  Action on nominations.--Act not later than 3 weeks after the end of the regular legislative session on the nominations by the superintendent of supervisors, principals, and members of the instructional staff.

¹(c)  Compensation and salary schedules.--Adopt a salary schedule or salary schedules to be used as a basis for paying all school employees, such schedules to be arranged, insofar as practicable, so as to furnish incentive for improvement in training and for continued and efficient service and fix and authorize the compensation of school employees on the basis of such schedules. A district school board, in determining the salary schedule for instructional personnel, must base a portion of each employee's compensation on performance demonstrated under s. 231.29 and must consider the prior teaching experience of a person who has been designated state teacher of the year by any state in the United States. In developing the salary schedule, the school board shall seek input from parents, teachers, and representatives of the business community.

(d)  Contracts and terms of service.--Provide written contracts for all regular members of the instructional staff.

(e)  Transfer and promotion.--Act on recommendations of the superintendent regarding transfer and promotion of any employee.

(f)  Suspension and dismissal and return to annual contract status.--Suspend, dismiss, or return to annual contract members of the instructional staff and other school employees; however, no administrative assistant, supervisor, principal, teacher, or other member of the instructional staff may be discharged, removed, or returned to annual contract except as provided in chapter 231.

¹(g)  Awards and incentives.--Provide for recognition of district employees, students, school volunteers, or advisory committee members who have contributed outstanding and meritorious service in their fields or service areas. After considering recommendations of the superintendent, the board shall adopt rules establishing and regulating the meritorious service awards necessary for the efficient operation of the program. An award or incentive granted under this paragraph may not be considered in determining the salary schedules required by paragraph (c). Monetary awards shall be limited to persons who propose procedures or ideas which are adopted by the board and which will result in eliminating or reducing school board expenditures or improving district or school center operations. Nonmonetary awards shall include, but need not be limited to, certificates, plaques, medals, ribbons, and photographs. The school board is authorized to expend funds for such recognition and awards. No award granted under the provisions of this paragraph shall exceed $2,000 or 10 percent of the first year's gross savings, whichever is greater.

(6)  CHILD WELFARE.--Provide for the proper accounting for all children of school age, for the attendance and control of pupils at school, and for proper attention to health, safety, and other matters relating to the welfare of children in the following fields, as prescribed in chapter 232.

(a)  Admission, classification, promotion, and graduation of pupils.--Adopt rules and regulations for admitting, classifying, promoting, and graduating pupils to or from the various schools of the district.

(b)  Enforcement of attendance laws.--Provide for the enforcement of all laws and regulations relating to the attendance of pupils at school.

(c)  Control of pupils.--

1.  Adopt rules and regulations for the control, discipline, in-school suspension, suspension, and expulsion of pupils and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the pupil's parent or legal guardian must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The school board shall have the authority to prohibit the use of corporal punishment, provided that the school board adopts or has adopted a written program of alternative control or discipline.

2.  Have the authority as the school board of a receiving school district to honor the final order of expulsion or dismissal of a student by any in-state or out-of-state public school board or private school, or developmental research school, for an act which would have been grounds for expulsion according to the receiving school district's code of student conduct, in accordance with the following procedures:

a.  A final order of expulsion shall be recorded in the records of the receiving school district.

b.  The expelled student applying for admission to the receiving school district shall be advised of the final order of expulsion.

c.  The superintendent of schools of the receiving school district may recommend to the school board that the final order of expulsion be waived and the student be admitted to the school district, or that the final order of expulsion be honored and the student not be admitted to the school district. If the student is admitted by the school board, with or without the recommendation of the superintendent, the student may be placed in an appropriate educational program at the direction of the school board.

(d)  Code of student conduct.--Adopt a code of student conduct for elementary schools and a code of student conduct for secondary schools and distribute the appropriate code to all teachers, school personnel, students, and parents or guardians, at the beginning of every school year. Each code shall be organized and written in language which is understandable to students and parents and shall be discussed at the beginning of every school year in student classes, school advisory councils, and parent and teacher associations. Each code shall be based on the rules governing student conduct and discipline adopted by the school board and be made available in the student handbook or similar publication. Each code shall include, but not be limited to:

1.  Consistent policies and specific grounds for disciplinary action, including in-school suspension, out-of-school suspension, expulsion, any disciplinary action that may be imposed for the possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances as defined in chapter 893.

2.  Procedures to be followed for acts requiring discipline, including corporal punishment.

3.  An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.

4.  Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, or possession of electronic telephone pagers, by any student while such student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed.

5.  Notice that the possession of a firearm, a knife, a weapon, or an item which can be used as a weapon by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution.

6.  Notice that violence against any school district personnel by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.

7.  Notice that violation of school board transportation policies, including disruptive behavior on a school bus or at a school bus stop, by a student is grounds for suspension of the student's privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed.

8.  Notice that violation of the school board's sexual harassment policy by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.

9.  Policies to be followed for the assignment of violent or disruptive students to an alternative educational program.

10.  Notice that any student who is determined to have brought a firearm, as defined in 18 U.S.C. s. 921, to school, any school function, or on any school-sponsored transportation will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year and referred for criminal prosecution. School boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the school board to modify the requirement if determined to be in the best interest of the student and the school system.

(e)  Student crime watch program.--By resolution of the school board, implement a student crime watch program to promote responsibility among students and to assist in the control of criminal behavior within the schools.

(7)  COURSES OF STUDY AND OTHER INSTRUCTIONAL AIDS.--Provide adequate instructional aids for all children as follows and in accordance with the requirements of chapter 233.

(a)  Courses of study; adoption.--Adopt courses of study for use in the schools of the district.

(b)  Textbooks.--Provide for proper requisitioning, distribution, accounting, storage, care, and use of all textbooks and other books furnished by the state and furnish such other textbooks and library books as may be needed. The school board is responsible for assuring that instructional materials used in the district are consistent with the district goals and objectives and the curriculum frameworks approved by the State Board of Education, as well as with the state and district performance standards provided for in ss. 229.565 and 232.2454.

(c)  Other instructional aids.--Provide such other teaching accessories and aids as are needed to carry out the program.

(d)  School library media services; establishment and maintenance.--Establish and maintain school library media centers, or school library media centers open to the public, and, in addition thereto, such traveling or circulating libraries as may be needed for the proper operation of the district school system. Establish and maintain a program of school library media services for all public schools.

(8)  TRANSPORTATION OF PUPILS.--After considering recommendations of the superintendent, make provision for the transportation of pupils to the public schools or school activities they are required or expected to attend; authorize transportation routes arranged efficiently and economically; provide the necessary transportation facilities, and, when authorized under regulations of the state board and if more economical to do so, provide limited subsistence in lieu thereof; and adopt the necessary rules and regulations to ensure safety, economy, and efficiency in the operation of all buses, as prescribed in chapter 234.

(9)  SCHOOL PLANT.--Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in chapter 235 and as follows:

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

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

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

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

3.  Expand existing sites.

4.  Rent buildings when necessary.

5.  Enter into leases or lease-purchase arrangements, in accordance with the requirements and conditions provided in s. 235.056(2), with private individuals or corporations for the rental of necessary grounds and educational facilities for school purposes or of educational facilities to be erected for school purposes. Current or other funds authorized by law may be used to make payments under a lease-purchase agreement. Notwithstanding any other statutes, if the rental is to be paid from funds received from ad valorem taxation and the agreement is for a period greater than 12 months, an approving referendum must be held. The provisions of such contracts, including building plans, shall be subject to approval by the Department of Education, and no such contract shall be entered into without such approval. As used in this section, "educational facilities" means the buildings and equipment which are built, installed, or established to serve educational purposes and which may lawfully be used. The Commissioner of Education may adopt such rules as are necessary to implement the provisions hereof.

6.  Provide for the proper supervision of construction.

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

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

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

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

(e)  Condemnation of buildings.--Condemn and prohibit the use for public school purposes of any building which can be shown for sanitary or other reasons to be no longer suitable for such use and, when any building is condemned by any state or other government agency as authorized in chapter 235, see that it is no longer used for school purposes.

(10)  FINANCE.--Take steps to assure children adequate educational facilities through the financial procedure authorized in chapters 236 and 237 and as prescribed below:

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

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

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

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

(e)  Borrow money.--Borrow money, as prescribed in ss. 237.141-237.171, when necessary in anticipation of funds reasonably to be expected during the year as shown by the budget.

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

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

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

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

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

(k)  Investment policies.--

1.  Adopt policies pertaining to the investment of school funds not needed for immediate expenditures, after considering the recommendations of the superintendent. The adopted policies shall make provisions for investing or placing on deposit all such funds in order to earn the maximum possible yield under the circumstances from such investments or deposits. The method of determining the maximum yield on investments or deposits shall include, but not necessarily be limited to, bids from qualified depositories, yields from certificates of deposit, yields from time deposits, yields from securities guaranteed by the Government of the United States, or other forms of investments authorized by law.

2.  Part of the funds available for investment may be set aside to invest in time deposits or savings accounts in banks or savings and loan associations on the federal list of minority financial institutions designated as authorized depositories. The investment of such funds must be competitively bid among such minority financial institutions located within the school district boundaries and must be in compliance with s. 236.24 and chapter 280. The amount of funds designated for such investment shall be determined by the school board and may be based on the percentage of minorities within the population of the school district.

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

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

(a)  Forms, blanks, and reports.--Require all employees to keep accurately all records and to make promptly in the proper form all reports required by law or by regulations of the state board or of the commissioner.

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

(c)  Reports to parents.--At regular intervals reports shall be made by principals or teachers in public schools to parents or those having parental authority over the children enrolled and in attendance upon their schools, apprising them of the progress being made by the pupils in their studies and giving other needful information.

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

(13)  ENFORCEMENT OF LAW AND RULES AND REGULATIONS.--Require that all laws and rules and regulations of the state board, of the commissioner, or of the school board are properly enforced.

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

(15)  PUBLIC INFORMATION PROGRAM.--Adopt procedures whereby the general public can be adequately informed of the educational programs, needs, and objectives of public education within the district.

(16)  IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Maintain a system of school improvement and education accountability as provided by statute and State Board of Education rule. This system of school improvement and education accountability shall be consistent with, and implemented through, the district's continuing system of planning and budgeting required by this section and ss. 229.555 and 237.041. This system of school improvement and education accountability shall include, but not be limited to, the following:

(a)  School improvement plans.--Annually approve and require implementation of a new, amended, or continuation school improvement plan for each school in the district. Such plan shall be designed to achieve the state education goals and student performance standards pursuant to ss. 229.591(3) and 229.592. Beginning in 1999-2000, each plan shall also address issues relative to budget, training, instructional materials, technology, staffing, student support services, and other matters of resource allocation, as determined by school board policy.

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

(c)  Assistance and intervention.--Develop a 3-year plan of increasing individualized assistance and intervention for each school that does not meet or make adequate progress, based upon the recommendations of the commission, as defined pursuant to statute and State Board of Education rule, toward meeting the goals and standards of its approved school improvement plan.

(d)  After 3 years.--Notify the Florida Commission on Education Reform and Accountability and the State Board of Education in the event any school does not make adequate progress toward meeting the goals and standards of a school improvement plan by the end of 3 consecutive years of district assistance and intervention and proceed according to guidelines developed pursuant to statute and State Board of Education rule.

(e)  Public disclosure.--Provide information regarding performance of students and educational programs as required pursuant to s. 229.555 and implement a system of school reports as required by statute and State Board of Education rule.

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

(17)  LOCAL-LEVEL DECISIONMAKING.--

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

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

(c)  Develop policies for periodically monitoring the membership composition of school advisory councils to ensure compliance with requirements established in s. 229.58.

(18)  ADOPT RULES.--Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this section.

History.--s. 423, ch. 19355, 1939; CGL 1940 Supp. 892(86); s. 1, ch. 26775, 1951; s. 1, ch. 29644, ss. 1-6, ch. 29746, s. 2, ch. 29754, s. 38, ch. 29764, 1955; s. 8, ch. 31380, 1956; s. 1, ch. 57-370; ss. 5, 6, ch. 57-249; s. 12, ch. 57-252; s. 24, ch. 57-1; s. 1, ch. 59-138; s. 1, ch. 59-339; s. 3, ch. 61-288; ss. 2-6, ch. 63-376; s. 1, ch. 65-56; ss. 23, 26, 27, ch. 65-239; s. 1, ch. 65-424; s. 1, ch. 67-413; ss. 3, 4, ch. 67-438; ss. 1-3, ch. 68-13; ss. 5, 6, ch. 68-24; s. 1, ch. 69-13; ss. 15, 19, 22, 35, ch. 69-106; s. 1, ch. 69-125; ss. 28, 30, ch. 69-216; s. 1, ch. 69-300; s. 1, ch. 69-374; s. 4, ch. 69-402; s. 1, ch. 70-189; s. 1, ch. 70-194; s. 1, ch. 70-399; s. 1, ch. 70-439; s. 4, ch. 71-164; s. 2, ch. 71-192; s. 2, ch. 71-193; s. 1, ch. 71-272; s. 59, ch. 71-355; s. 57, ch. 71-377; ss. 27-35, ch. 72-221; ss. 7, 8, ch. 73-338; s. 26, ch. 73-345; ss. 17, 18, ch. 74-227; s. 10, ch. 74-356; ss. 4, 26, ch. 75-284; s. 2, ch. 76-236; s. 1, ch. 78-94; s. 6, ch. 78-405; s. 15, ch. 78-423; s. 1, ch. 79-150; s. 1, ch. 79-151; s. 1, ch. 79-184; s. 1, ch. 79-256; ss. 1, 16, ch. 79-385; s. 1, ch. 80-118; s. 1, ch. 80-240; s. 4, ch. 80-295; s. 7, ch. 80-378; s. 1, ch. 81-94; s. 1, ch. 81-103; s. 1, ch. 81-197; s. 1, ch. 81-247; s. 134, ch. 81-259; s. 1, ch. 82-153; s. 8, ch. 83-324; s. 4, ch. 83-325; s. 1, ch. 84-109; s. 4, ch. 84-255; s. 65, ch. 84-336; s. 1, ch. 85-135; s. 1, ch. 86-77; s. 1, ch. 87-134; s. 1, ch. 87-163; s. 15, ch. 87-243; s. 2, ch. 87-284; s. 29, ch. 87-329; s. 1, ch. 88-27; ss. 1, 4, ch. 88-326; s. 1, ch. 89-166; s. 18, ch. 89-302; s. 1, ch. 90-31; s. 32, ch. 90-288; s. 58, ch. 90-360; ss. 1, 14, ch. 91-105; s. 14, ch. 91-283; s. 1, ch. 92-26; s. 2, ch. 92-130; s. 91, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 93-144; s. 4, ch. 93-198; s. 136, ch. 94-209; s. 14, ch. 94-292; s. 2, ch. 94-303; s. 1527, ch. 95-147; s. 1, ch. 95-162; s. 66, ch. 95-267; s. 30, ch. 95-269; s. 2, ch. 96-225; s. 2, ch. 96-246; s. 77, ch. 96-406; s. 46, ch. 96-410; ss. 4, 105, ch. 97-190; s. 1, ch. 97-212; s. 1, ch. 98-153; s. 2, ch. 98-186; s. 4, ch. 98-271; s. 9, ch. 98-279.

¹Note.--As amended by s. 1, ch. 97-212. Chapter 97-190, also amended s. 230.23. Paragraphs (c) and (g) of subsection (5), as amended by s. 4, ch. 97-190, only, read:

(c)  Compensation and salary schedules.--Adopt a salary schedule or salary schedules to be used as a basis for paying all school employees.

(g)  Awards and incentives.--Provide for recognition of district employees, students, school volunteers, or advisory committee members who have contributed outstanding and meritorious service in their fields or service areas.