Cover 2003

MEMORANDUM #03-34

A Resource Manual for the Development
and Evaluation of Special Programs
Revised 2003
of Special Programs?
Revised 2003?
Section A?
Florida Statutes Pertaining
to Special Programs
Section B?
Florida State Board of Education Rules Pertaining
to Special Programs

SHAN GOFF

Chief

Bureau of Instructional Support and Community Services

325 W. GAINES STREET

•

SUITE 614

•

TALLAHASSEE, FL 32399-0400

•

(850) 245-0475

•

www.fldoe.org

FLORIDA DEPARTMENT OF EDUCATION

JIM HORNE

Commissioner of Education

STATE BOARD OF EDUCATION

F. PHILIP HANDY,

Chairman

T. WILLARD FAIR,

Vice Chairman

Members

SALLY BRADSHAW

LINDA J. EADS, ED.D.

CHARLES PATRICK GARCÍA

JULIA L. JOHNSON

WILLIAM L. PROCTOR, PH.D.

July 30, 2003

MEMORANDUM #03-34

TO: Directors, Exceptional Student Education

Directors, Student Services

Coordinators, Drop Out Prevention

State Advisory Committee for the Education of Exceptional Students

FROM: Shan Goff, Chief

Bureau of Instructional Support and Community Services

SUBJECT: Florida statutes and rules for special programs

Enclosed is a copy of

A Resource Manual for the Development and Evaluation of Special

Programs, Volume I-B: Florida Statutes and State Board of Education Rules–Excerpts for

Special Programs, Revised 2003,

which includes changes from the 2002 legislative session.

This publication is available on the Internet at the following address:

http://myfloridaeducation.com/commhome/pub-home.htm. Additional copies of this publication

may be obtained from the Clearinghouse Information Center, Bureau of Instructional Support

and Community Services, Florida Department of Education, Turlington Building, Room 628,

Tallahassee, Florida 32399-0400; [telephone 850/245-0477; Suncom 205-0477; FAX 850/245-

0987].

SG/ad

Enclosure

cc: FDLRS Associate Center Contact Person

A Resource

Manual for the

Development

and Evaluation of

Special Programs

VOLUME I-B:

Florida Statutes?

and State Board of?

Education Rules?

Excerpts for Special?

Programs?

Florida Department of Education

•

Bureau of Instructional Support

and Community Services

Revised 2003

A Resource Manual for the?

Development and Evaluation?

of Special Programs?

VOLUME I-B:

Florida Statutes

and State Board of

Education Rules

Excerpts for Special

Programs

Florida Department of Education

Bureau of Instructional Support and Community Services

Revised 2003?

Foreword

Through the provision of state funds by legislative action, the people of Florida have

indicated their desire to meet the specialized educational needs of students. The Florida

Department of Education is ready to cooperate with parents, teachers, school administra

tors, other agencies, and interested citizens in an effort to establish and improve instruc

tional programs as the local community may need.

This resource manual provides a compilation of Florida statutes and rules pertaining to

the provision of education and service to students in special programs such as excep

tional student education, dropout prevention, etc.

If additional information is needed, please contact your local school board office or the

Bureau of Instructional Support and Community Services, Florida Department of Educa

tion, Tallahassee, FL 32399-0400.

iii

Table of Contents

Section A: Florida Statutes Pertaining to Special Programs

Chapter 1000, K-20 General Provisions ............................................................................. 3?

1000.05 Discrimination against students and employees in the Florida K-20?

public education system prohibited; equality of access required ........... 3?

1000.21 Systemwide definitions ................................................................................ 4?

Chapter 1001, K-20 Governance ......................................................................................... 7?

1001.02 General powers of State Board of Education............................................... 7?

1001.11

Commissioner of Education; other duties ....................................................... 9?

1001.42 Powers and duties of district school board ................................................ 10?

1001.49 General powers of district school superintendent ...................................... 15?

1001.51 Duties and responsibilities of district school superintendent ..................... 16?

1001.52 Reproduction and destruction of district school records ............................ 18?

Chapter 1002, Student and Parental Rights and Educational Choices ......................... 19?

1002.22 Student records and reports; rights of parents and students;?

notification; penalty .............................................................................. 19?

1002.38 Opportunity Scholarship Program.............................................................. 22?

1002.39

The John M. McKay Scholarships for Students with Disabilities Program ...... 25?

1002.42 Private schools .......................................................................................... 27?

Chapter 1003, Public K-12 Education ............................................................................... 31?

1003.01 Definitions .................................................................................................. 31?

1003.02 District school board operation and control of public K-12 education?

within the school district ....................................................................... 32?

1003.21 School attendance ..................................................................................... 34?

1003.23 Attendance records and reports ................................................................ 35?

1003.24 Parents responsible for attendance of children; attendance policy ............ 35?

1003.25 Procedures for maintenance and transfer of student records .................... 36?

1003.26 Enforcement of school attendance ............................................................ 36?

1003.27 Court procedure and penalties .................................................................. 38?

1003.28 Continuation of truancy remedial activities upon transfer of student;?

retention of legal juridiction .................................................................. 40?

1003.29 Notice to schools of court action ................................................................ 40?

1003.33 Report cards; end-of-the-year status ......................................................... 40?

1003.43 General requirements for high school graduation ...................................... 40?

1003.435 High school equivalency diploma program ................................................ 43?

1003.436 Definition of “credit” .................................................................................... 43?

1003.438 Special high school graduation requirements for certain?

exceptional students ............................................................................ 44?

1003.51 Other public educational services .............................................................. 44?

1003.52

Educational services in Department of Juvenile Justice programs ............ 46?

1003.53

Dropout prevention and academic intervention ......................................... 49?

1003.54

Teenage parent programs .......................................................................... 51?

1003.55

Instructional programs for blind or visually impaired students and?

deaf or hard-of-hearing students ......................................................... 51?

1003.56

English language instruction for limited English proficient students .......... 52?

1003.57

Exceptional students instruction ................................................................ 53?

1003.58

Students in residential care facilities .......................................................... 53?

Chapter 1004, Public Postsecondary Education ............................................................. 55?

1004.44

Louis de la Parte Florida Mental Health Institute ....................................... 55?

1004.55

Regional autism centers ............................................................................ 55?

Chapter 1006, Support for Learning ................................................................................. 57?

1006.03

Diagnostic and learning resource centers ................................................. 57?

1006.04

Educational multiagency services for students with severe?

emotional disturbance.......................................................................... 57?

1006.62

Administration of medication and provision of medical services?

by district school board personnel ....................................................... 58?

1006.07

District school board duties relating to student discipline?

and school safety ................................................................................. 58?

1006.08

District school superintendent duties relating to student discipline?

and school safety ................................................................................. 60?

1006.09

Duties of school principal relating to student discipline?

and school safety ................................................................................. 61?

1006.13

Policy of zero tolerance for crime and victimization ................................... 62?

1006.15

Student standards for participation in interscholastic?

extracurricular student activities; regulation ......................................... 64?

1006.21

Duties of district school superintendent and district school board?

regarding tranportation ........................................................................ 65?

1006.22

Safety and health of students being transported ....................................... 66?

1006.28

Duties of district school board, district school superintendent;?

and school principal regarding K-12 instructional materials ................ 68?

1006.38

Duties, responsibilities, and requirements of instructional?

materials publishers and manufacturers .............................................. 69?

1006.43

Expenses; budget request ......................................................................... 70?

Chapter 1007, Articulation and Access ............................................................................ 71?

1007.21

Readiness for postsecondary education and the workplace............. ....... 71?

Chapter 1008, Assessment and Accountablity ............................................................... 73?

1008.21

School readiness uniform screening (kindergarten) .................................. 73?

1008.22

Student assessment program for public schools ....................................... 73?

1008.25

Public school student progression; remedial instruction;?

reporting requirements ........................................................................ 76?

Chapter 1009, Educational Scholarships, Fees, and Financial Assistance .................. 79?

1009.41

State financial aid; students with a disability .............................................. 79?

1009.58

Critical teacher shortage tuition reimbursement program .......................... 79?

1009.62

Grants for teachers for special training in exceptional?

student education ................................................................................ 79?

Chapter 1010, Financial Matters ....................................................................................... 81?

1010.20

Cost accounting and reporting for school districts ..................................... 81?

1010.215

Educational funding accountablility ............................................................ 81?

1010.305

Audit of student enrollment ........................................................................ 83?

Chapter 1011, Planning and Budgeting ........................................................................... 85?

1011.61

Definitions .................................................................................................. 85?

1011.62

Funds for operation of schools................................................................... 86?

1011.68

Funds for student transportation ................................................................ 93?

1011.75

Gifted education exemplary program grants .............................................. 94?

Chapter 1012, Personnel ................................................................................................... 97?

1012.07

Identification of critical teacher shortage areas ......................................... 97?

1012.22

Public school personnel; powers and duties of the district?

school board .............................................................................................. 97?

1012.27

Public school personnel; powers and duties of district school?

superintendent ..................................................................................... 98?

1012.37

Education paraprofessionals ...................................................................... 99?

1012.55

Positions for which certificates required ..................................................... 99?

1012.56

Educator certification requirements ........................................................... 99?

1012.58

Transition to Teaching Program................................................................ 103?

1012.585

Process for renewal of professional certificates ....................................... 104?

Chapter 402, Health and Human Services, Miscellaneous Provisions; etc. ............... 107?

402.22

Education program for students who reside in residential care?

facilities operated by the Department of Children and?

Family Services ................................................................................. 107?

402.45

Community resource mother or father program ....................................... 108?

vii

Chapter 411, Handicap or High-Risk Condition Prevention and Early Childhood?

Assistance?

Part I, General Provisions .......................................................................................... 109?

411.01

Florida Partnership for School Readiness; school readiness coalitions .. 109?

411.0105

Early Learning Opportunities Act and Even Start Family?

Literacy Programs; lead agency ........................................................ 116?

411.011

Records of children in school readiness programs .................................. 116?

411.201

Short title ................................................................................................. 116?

411.202

Definitions ................................................................................................ 116?

411.203

Continuum of comprehensive services .................................................... 118?

411.205

Rules ........................................................................................................ 120?

Part II Prevention and Early Assistance .........................................................

121?

411.22

Legislative intent ...................................................................................... 121?

411.221

Prevention and early assistance strategic plan;?

agency responsibilities....................................................................... 121?

411.223

Uniform standards ................................................................................... 122?

411.224

Family support planning process ............................................................. 122?

Part III Infants and Toddlers .............................................................................. 125?

411.23

Short title ................................................................................................. 125?

411.231

Legislative intent; purpose ....................................................................... 125?

411.232

Children’s Early Investment Program

....................................................... 125?

Part IV Childhood Pregnancy Prevention?

Public Education Program .............................................................. 127?

411.24

Short Title ................................................................................................ 127?

411.241

Legislative intent ...................................................................................... 127?

411.242

Florida Education Now and Babies Later?

(ENABL) program .............................................................................. 127?

Florida Statutes Pertaining to Special Programs, Chapters 468 and 486 ................... 129?

Chapter 468, Part I, Speech-Language Pathology and Audiology Act .......................... 129?

Chapter 468, Part III, Occupational Therapy Practice Act ............................................. 129?

Chapter 486, Physical Therapy Practice Act ................................................................. 129?

486.021

Definitions ................................................................................................ 129?

Section B: Florida State Board of Education Rules Pertaining to Special Programs

Chapter 6A-1, Finance and Administration ................................................................... 133?

6A-1.014

Expenditure of Funds in Programs and Schools Where Generated ........ 133?

viii

6A-1.0141?

Categorical Program Funds ..................................................................... 133?

Zero Tolerance for School Related Violent Crime .................................... 133?

Florida Education Finance Program Student Membership Surveys ........ 135?

Maintaining Auditable FTE Records ........................................................ 137?

Distribution of Florida Education Finance Program Funds ...................... 137?

Educational Program Audits .................................................................... 137?

Noncertificated Instructional Personnel ................................................... 138?

Definition of Qualified Instructional Personnel ......................................... 139?

Minimum Student Performance Standards .............................................. 140?

Course Requirements - Grades 6-12,

6A-1.0404?

6A-1.0451?

6A-1.04513?

6A-1.0452?

6A-1.0453?

6A-1.0502?

6A-1.0503?

6A-1.0941?

6A-1.09412?

6A-1.09414? Course Descriptions for Grades 6-12

6A-1.0943?

Statewide Assessment for Students with Disabilities ............................... 140?

6A.1-09431? Procedures for Special Exemption from Graduation Test Requirement?

6A-1.0955?

Education Records of Pupils and Adult Students .................................... 143?

Cooperative Projects and Activities ......................................................... 145?

Graduation Requirements for Certain Students with Disabilities ............. 146?

6A-1.099?

6-1.0996?

Basic and Adult Secondary Programs ............................................... 140?

Exceptional Student Education .......................................................... 140?

for Students with Disabilities Seeking a Standard High

School Diploma.................................................................................. 142?

6A-1.09441 Requirements for Programs and Courses Which Are Funded?

Through the Florida Education Finance Program and for Which

the Student May Earn Credit Toward High School Graduation .......... 142?

Chapter 6A-3, Transportation .......................................................................................... 149?

6A-3.001

Basic Principles for Transportation of Students ....................................... 149?

6A-3.0121

Responsibility of School District and Parents for Students with?

Special Transportation Needs Who Are Transported?

at Public Expense .............................................................................. 149?

6-3.017

Responsibilities of School Districts for Student Transportation ................ 149?

Chapter 6A-4, Certification .............................................................................................. 155?

6A-4.002

General Provisions .................................................................................. 155?

6A-4.0141

Specialization Requirements for Certification in the Area of?

Preschool Education (Birth through Age Four)?

—Academic Class

............................................................................. 156?

6A-4.0142

Specialization Requirements for Certification in the Area of?

Prekindergarten/Primary Education (Age Three Through Grade Three)?

—Academic Class

............................................................................. 157?

6A-4.0172

Specialization Requirements for Certification in the Area of?

Hearing Impaired (Grades K-12)?

—Academic Class

............................................................................. 158?

6A-4.0176

Specialization Requirements for Certification in the Area of?

Speech-Language Impaired (Grades K-12)?

—Academic Class

............................................................................. 158?

6A-4.01761

Specialization Requirements for Certification in the Area of?

Speech-Language Impaired/Associate—Academic Class

................ 159?

6A-4.0178

Specialization Requirements for Certification in the Area of?

Visually Impaired (Grades K-12)—Academic Class

.......................... 159?

6A-4.01791

Specialization Requirements for the Gifted Endorsement?

—Academic Class Beginning July 1, 1992 ........................................ 159?

6A-4.01792

Specialization Requirements for the Prekindergarten?

Disabilites Endorsement—Academic Class

....................................... 160?

6A-4.01793

Specialization Requirements for Endorsement in Severe or?

Profound Disabilities—Academic Class ............................................. 160?

6A-4.01794

Specialization Requirements for the Orientation?

and Mobility Endorsement—Academic Class .................................... 160?

6A-4.01795

Specialization Requirements for Certification in Exceptional?

Student Education (Grades K-12)—Academic Class

........................ 161?

6A-4.01796

Specialization Requirements for Endorsement in Autism—?

Academic Class ................................................................................. 161?

6A-4.0181

Specialization Requirements for Certification in Guidance and?

Counseling (Grades PK-12)—Specialty Class?

Beginning July 1, 1990 ...................................................................... 161?

6A-4.0191

Specialization Requirements for Certification in Health?

(Grades K-12)—Academic Class ....................................................... 162?

6A-4.0311

Specialization Requirements for Certification in School Psychologist?

(Grades PK-12)—Specialty Class Beginning July 1, 1992 ................ 162?

6A-4.035

Specialization Requirements for Certification in?

School Social Worker (Grades PK-12)—Specialty Class

.................. 163?

Chapter 6A-6, Special Programs for Exceptional Students ....................................... 165?

6A-6.021

State of Florida High School Diplomas .................................................... 165?

6A-6.03011

Special Programs for Students Who Are Mentally Handicapped ............. 165?

6A-6.03012

Special Programs for Students Who Are Speech and?

Language Impaired ............................................................................ 166?

6A-6.03013

Special Programs for Students Who Are Deaf or Hard-of-Hearing .......... 168?

6A-6.03014

Special Programs for Students Who Are Visually Impaired ..................... 168?

6A-6.03015

Special Programs for Students Who Are Physically Impaired ................. 169?

6A-6.03016

Special Programs for Students Who Are Emotionally Handicapped ....... 170?

6A-6.03018

Special Programs for Students with Specific Learning Disabilities .......... 171?

6A-6.03019

Special Instructional Programs for Students Who Are Gifted .................. 173?

6A-6.03020

Special Programs for Students Who Are Homebound?

or Hospitalized .................................................................................. 173?

6A-6.03021

Special Programs for Students Who Are Profoundly Handicapped ......... 174?

6A-6.03022

Special Programs for Students Who Are Dual-Sensory Impaired ........... 175?

6A-6.03023

Special Programs for Students Who Are Autistic ..................................... 175?

6A-6.03024

Special Programs for Exceptional Students Who Require

Physical Therapy ................................................................................ 176?

6A-6.03025

Special Programs for Exceptional Students Who Require?

Occupational Therapy ........................................................................ 176?

6A-6.03026

Special Programs for Prekindergarten Children with Disabilities ............. 176?

6A-6.03027

Special Programs for Children Three Through Five Years Old Who?

are Developmentally Delayed ............................................................ 177?

6A-6.03028

Development of Individual Educational Plans for Exceptional Students .. 178?

6A -6.03029 Development of Family Support Plans for Children with Disabilities?

Ages Birth Through Five Years .......................................................... 180?

6A-6.03030

Special Programs For Children Birth Through Two Years Old?

Who Have Established Conditions..................................................... 181?

6A-6.03031

Special Programs for Children Birth Through Two Years Old?

Who Are Developmentally Delayed ................................................... 182?

6A-6.03032

Procedural Safeguards for Children Ages Birth Through?

Two Years with Disabilities ................................................................. 182?

6A-6.0311

Eligible Special Programs for Exceptional Students ................................ 183?

6A-6.0312

Course Modifications for Exceptional Students ....................................... 183?

6A-6.0331

Identification and Assignment of Exceptional Students to?

Special Programs .............................................................................. 184?

6A-6.03311

Procedural Safeguards for Exceptional Students .................................... 185?

6A-6.0333

Surrogate Parents .................................................................................... 187?

6A-6.0334

Temporary Assignment of Transferring Exceptional Students ................. 187?

6A-6.03411

Special Programs and Procedures for Exceptional Students .................. 188?

6A-6.0361

Contractual Arrangements With Nonpublic Schools ................................ 189?

6A-6.052

Dropout Prevention Programs ................................................................. 191?

6A-6.0521

Definitions and Requirements Which Apply to All?

Dropout Prevention Programs ........................................................... 191?

6A-6.05221

Student Support and Assistance Component .......................................... 192?

6A-6.0523

Comprehensive Dropout Prevention Plans .............................................. 193?

6A-6.0524

Educational Alternatives Programs .......................................................... 193?

6A-6.0525

Teenage Parent Programs ....................................................................... 194?

6A-6.0526

Substance Abuse Programs .................................................................... 195?

6A-6.0527

Disciplinary Programs .............................................................................. 196?

6A-6.0528

Youth Services Programs ........................................................................ 196?

6A-6.05281

Educational Programs for Youth in Department of Juvenile Justice?

Detention, Commitment, Day Treatment, or Early Delinquency

Intervention Programs ....................................................................... 197?

6A-6.05291

Course Modification ................................................................................. 200?

6A-6.05292

Common Objective Criteria and Evaluation of Dropout?

Prevention Programs ......................................................................... 200?

6A-6.065

Instructional Components of Vocational Education .................................. 201?

6A-6.0713

Habitual Truancy: Inter-Agency Agreements ............................................ 202?

Chapter 6A-7, Special Programs II ...................................................................... 203?

6A-7.099

Challenge Grant Program for the Gifted ......................................... 203?

Chapter 6A-20, Student Financial Assistance ...................................................... 205?

6A-20.012

Critical Teacher Shortage Tuition Reimbursement Program ........... 205?

6A-20.013

Critical Teacher Shortage Student Loan Forgiveness Program ...... 205?

6A-20.025

Grants for Teachers for Special Training in Exceptional?

Student Education ..................................................................... 206?

6A-20.040

Occupational Therapist or Physical Therapist Tuition?

Reimbursement Program ................................................................ 206?

6A-20.041

Occupational Therapist or Physical Therapist Student?

Loan Forgiveness Program ............................................................. 207?

6A-20.042

Occupational Therapist or Physical Therapist Scholarship?

Loan Program ................................................................................. 208?

xii

Section A?

Florida Statutes

Pertaining

Special Programs

Florida Statutes Pertaining to Special Programs?

Chapter 1000?

K - 20 General Provisions?

1000.05 Discrimination against students and

employees in the Florida K-20 public education

system prohibited; equality of access re?

quired.—

(1) This section may be cited as the “Florida

Educational Equity Act.”

(2)(a) Discrimination on the basis of race,

ethnicity, national origin, gender, disability, or

marital status against a student or an employee in

the state system of public K-20 education is

prohibited. No person in this state shall, on the

basis of race, ethnicity, national origin, gender,

disability, or marital status, be excluded from

participation in, be denied the benefits of, or be

subjected to discrimination under any public K-20

education program or activity, or in any employment

conditions or practices, conducted by a public

educational institution that receives or benefits from

federal or state financial assistance.

(b) The criteria for admission to a program or

course shall not have the effect of restricting access

by persons of a particular race, ethnicity, national

origin, gender, disability, or marital status.

available to all students without regard to race,

ethnicity, national origin, gender, disability, or

marital status; however, this is not intended to

eliminate the provision of programs designed to

meet the needs of students with limited proficiency

in English, gifted students, or students with disabili?

ties or programs tailored to students with special?

ized talents or skills.

(d) Students may be separated by gender for

any portion of a class that deals with human

reproduction or during participation in bodily

contact sports. For the purpose of this section,

bodily contact sports include wrestling, boxing,

rugby, ice hockey, football, basketball, and other

sports in which the purpose or major activity

involves bodily contact.

(e) Guidance services, counseling services,

and financial assistance services in the state public

K-20 education system shall be available to

students equally. Guidance and counseling ser?

vices, materials, and promotional events shall

stress access to academic, career and technical

opportunities for students without regard to race,

ethnicity, national origin, gender, disability, or

marital status.

(3)(a) No person shall, on the basis of gender,

be excluded from participating in, be denied the

benefits of, or be treated differently from another

person or otherwise be discriminated against in any

interscholastic, intercollegiate, club, or intramural

athletics offered by a public K-20 educational

institution; and no public K-20 educational institu?

tion shall provide athletics separately on such basis.

(b) Notwithstanding the requirements of

paragraph (a), a public K-20 educational institution

may operate or sponsor separate teams for

members of each gender if the selection for such

teams is based upon competitive skill or the activity

involved is a bodily contact sport. However, when a

public K-20 educational institution operates or

sponsors a team in a particular sport for members

of one gender but does not operate or sponsor

such a team for members of the other gender, and

athletic opportunities for that gender have previ?

ously been limited, members of the excluded

gender must be allowed to try out for the team

offered.

grouping of students in physical education classes

and activities by ability as assessed by objective

standards of individual performance developed and

applied without regard to gender. However, when

use of a single standard of measuring skill or

progress in a physical education class has an

adverse effect on members of one gender, the

educational institution shall use appropriate

standards which do not have such effect.

(d) A public K-20 educational institution which

operates or sponsors interscholastic, intercolle?

giate, club, or intramural athletics shall provide

equal athletic opportunity for members of both

genders. In determining whether equal opportuni?

ties are available, the Commissioner of Education

shall consider, among other factors:

1. Whether the selection of sports and levels of

competition effectively accommodate the interests

and abilities of members of both genders.

2. The provision of equipment and supplies.

3. Scheduling of games and practice times.

4. Travel and per diem allowances.

5. Opportunities to receive coaching and

academic tutoring.

6. Assignment and compensation of coaches

and tutors.

7. Provision of locker room, practice, and

competitive facilities.

8. Provision of medical and training facilities

and services.

9. Provision of housing and dining facilities and

services.

10. Publicity.

Unequal aggregate expenditures for members

of each gender or unequal expenditures for male

and female teams if a public K-20 educational

institution operates or sponsors separate teams do

not constitute nonimplementation of this subsec?

tion, but the Commissioner of Education shall

consider the failure to provide necessary funds for

teams for one gender in assessing equality of

opportunity for members of each gender.

(e) A public K-20 educational institution may

provide separate toilet, locker room, and shower

facilities on the basis of gender, but such facilities

shall be comparable to such facilities provided for

students of the other gender.

(4) Educational institutions within the state

public K-20 education system shall develop and

implement methods and strategies to increase the

participation of students of a particular race,

ethnicity, national origin, gender, disability, or

marital status in programs and courses in which

students of that particular race, ethnicity, national

origin, gender, disability, or marital status have

been traditionally underrepresented, including, but

not limited to, mathematics, science, computer

technology, electronics, communications technol?

ogy, engineering, and career and technical educa?

tion.

(5) The State Board of Education shall adopt

rules to implement this section.

(6) The functions of the Office of Equal

Educational Opportunity of the Department of

Education shall include, but are not limited to:

(a) Requiring all district school boards,

community college boards of trustees, and state

university boards of trustees to develop and submit

plans for the implementation of this section to the

Department of Education.

(b) Conducting periodic reviews of public K-20

educational agencies to determine compliance with

this section and, after a finding that an educational

agency is not in compliance with this section,

notifying the agency of the steps that it must take to

attain compliance and performing followup monitor?

ing.

assisting public K-20 educational agencies in

identifying unlawful discrimination and instructing

them in remedies for correction and prevention of

such discrimination and performing followup

monitoring.

(d) Conducting studies of the effectiveness of

methods and strategies designed to increase the

participation of students in programs and courses in

which students of a particular race, ethnicity,

national origin, gender, disability, or marital status

have been traditionally underrepresented and

monitoring the success of students in such pro?

grams or courses, including performing followup

monitoring.

(e) Requiring all district school boards,

community college boards of trustees, and state

university boards of trustees to submit data and

information necessary to determine compliance

with this section. The Commissioner of Education

shall prescribe the format and the date for submis?

sion of such data and any other educational equity

data. If any board does not submit the required

compliance data or other required educational

equity data by the prescribed date, the commis?

sioner shall notify the board of this fact and, if the

board does not take appropriate action to immedi?

ately submit the required report, the State Board of

Education shall impose monetary sanctions.

(f) Based upon rules of the State Board of

Education, developing and implementing enforce?

ment mechanisms with appropriate penalties to

ensure that public K-12 schools, community

colleges, and state universities comply with Title IX

of the Education Amendments of 1972 and subsec?

tion (3) of this section. However, the State Board of

Education may not force an educational agency to

conduct, nor penalize an educational agency for not

conducting, a program of athletic activity or athletic

scholarship for female athletes unless it is an

athletic activity approved for women by a recog?

nized association whose purpose is to promote

athletics and a conference or league exists to

promote interscholastic or intercollegiate competi?

tion for women in that athletic activity.

(g) Reporting to the Commissioner of Educa?

tion any district school board, community college

board of trustees, or state university board of

trustees found to be out of compliance with rules of

the State Board of Education adopted as required

by paragraph (f) or paragraph (3)(d). To penalize the

board, the State Board of Education shall:

1. Declare the educational agency ineligible for

competitive state grants.

2. Notwithstanding the provisions of s.

216.192, direct the Comptroller to withhold general

revenue funds sufficient to obtain compliance from

the educational agency.

The educational agency shall remain ineligible

and the funds shall not be paid until the agency

comes into compliance or the State Board of

Education approves a plan for compliance.

(7) A person aggrieved by a violation of this

section or a violation of a rule adopted under this

section has a right of action for such equitable relief

as the court may determine. The court may also

award reasonable attorney’s fees and court costs to

a prevailing party.

History.—s. 7, ch. 2002-387.

(1) “Articulation” is the systematic coordination

1000.21 Systemwide definitions.—

As used in the

Florida K-20 Education Code:°

that provides the means by which students proceed

toward their educational objectives in as rapid and

student-friendly manner as their circumstances

permit, from grade level to grade level, from

elementary to middle to high school, to and through

postsecondary education, and when transferring

from one educational institution or program to

another.

(2) “Commissioner” is the Commissioner of

Education.

(3) “Community college,” except as otherwise

specifically provided, includes the following institu?

tions and any branch campuses, centers, or other

affiliates of the institution:

(a) Brevard Community College.

(b) Broward Community College.

(d) Chipola Junior College.

(e) Daytona Beach Community College.

(f) Edison Community College.

(g) Florida Community College at Jacksonville.

(h) Florida Keys Community College.

(i) Gulf Coast Community College.

(j) Hillsborough Community College.

(k) Indian River Community College.

(l) Lake City Community College.

(m) Lake-Sumter Community College.

(n) Manatee Community College.

(o) Miami-Dade Community College.

(p) North Florida Community College.

(q) Okaloosa-Walton Community College.

(r) Palm Beach Community College.

(s) Pasco-Hernando Community College.

(t) Pensacola Junior College.

(u) Polk Community College.

(v) St. Johns River Community College.

(w) St. Petersburg College.

(x) Santa Fe Community College.

(y) Seminole Community College.

(z) South Florida Community College.

(aa) Tallahassee Community College.

(bb) Valencia Community College.

(4) “Department” is the Department of Educa?

tion.

(5) “Parent” is either or both parents of a

student, any guardian of a student, any person in a

parental relationship to a student, or any person

exercising supervisory authority over a student in

place of the parent.

(6) “State university,” except as otherwise

specifically provided, includes the following institu?

tions and any branch campuses, centers, or other

affiliates of the institution:

(a) The University of Florida.

(b) The Florida State University.

University.

(d) The University of South Florida.

(e) The Florida Atlantic University.

(f) The University of West Florida.

(g) The University of Central Florida.

(h) The University of North Florida.

(i) The Florida International University.

(j) The Florida Gulf Coast University.

(k) New College of Florida.

(7) “Sunshine State Standards” are standards

that identify what public school students should

know and be able to do. These standards delineate

the academic achievement of

students for which the state will hold its public

schools accountable in grades K-2, 3-5, 6-8, and 9?

12, in the subjects of language arts, mathematics,

science, social studies, the arts,

health and physical education, foreign languages,

reading, writing, history, government,

geography, economics, and computer literacy.

History.—s. 10, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1001?

K-20 Governance?

1001.02 General powers of State Board of

Education.—

(1) The State Board of Education is the chief

implementing and coordinating body of public

education in Florida, and it shall focus on high-level

policy decisions. It has authority to adopt rules

pursuant to ss. 120.536(1) and 120.54 to implement

the provisions of law conferring duties upon it for

the improvement of the state system of K-20 public

education. Except as otherwise provided herein, it

may, as it finds appropriate, delegate its general

powers to the Commissioner of Education or the

directors of the divisions of the department.

(2) The State Board of Education has the

following duties:

(a) To adopt comprehensive educational

objectives for public education.

(b) To adopt comprehensive long-range plans

and short-range programs for the development of

the state system of public education.

divisions of the Department of Education as

necessary to ensure coordination of educational

plans and programs and resolve controversies and

to minimize problems of articulation and student

transfers, to ensure that students moving from one

level of education to the next have acquired

competencies necessary for satisfactory perfor?

mance at that level, and to ensure maximum

utilization of facilities.

(d) To adopt for state universities and commu?

nity colleges, and from time to time modify, mini?

mum and uniform standards of college-level

communication and computation skills generally

associated with successful performance and

progression through the baccalaureate level and to

identify college-preparatory high school coursework

and postsecondary-level coursework that prepares

students with the academic skills necessary to

succeed in postsecondary education.

(e) To adopt and submit to the Governor and

Legislature, on or before September 1 of each year,

a coordinated K-20 education budget that estimates

the expenditure requirements for the State Board of

Education, including the Department of Education,

the Commissioner of Education, and all of the

boards, institutions, agencies, and services under

the general supervision of the State Board of

Education for the ensuing fiscal year. Any program

recommended by the State Board of Education

which will require increases in state funding for

more than 1 year must be presented in a multiyear

budget plan.

(f) To hold meetings, transact business, keep

records, adopt a seal, and perform such other

duties as may be necessary for the enforcement of

all laws and rules relating to the state system of

public education.

(g) To approve plans for cooperating with the

Federal Government.

(h) To approve plans for cooperating with other

public agencies in the development of rules and in

the enforcement of laws for which the state board

and such agencies are jointly responsible.

(i) To review plans for cooperating with

appropriate nonpublic agencies for the improve?

ment of conditions relating to the welfare of

schools.

(j) To create such subordinate advisory bodies

as are required by law or as it finds necessary for

the improvement of education.

(k) To constitute any education bodies or other

structures as required by federal law.

(l) To assist in the economic development of

the state by developing a state-level planning

process to identify future training needs for industry,

especially high-technology industry.

(m) To assist in the planning and economic

development of the state by establishing a clearing?

house for information on educational programs of

value to economic development.

(n) To adopt cohesive rules pursuant to ss.

120.536(1) and 120.54, within statutory authority,

for education systemwide issues.

(o) To authorize the allocation of resources in

accordance with law and rule.

(p) To contract with independent institutions

accredited by an agency whose standards are

comparable to the minimum standards required to

operate a postsecondary educational institution at

that level in the state. The purpose of the contract is

to provide those educational programs and facilities

which will meet needs unfulfilled by the state

system of public postsecondary education.

(q) To recommend that a district school board

take action consistent with the state board’s

decision relating to an appeal of a charter school

application.

(r) To enforce systemwide education goals and

policies.

(s) To establish a detailed procedure for the

implementation and operation of a systemwide K?

20 technology plan that is based on a common set

of data definitions.

(t) To establish accountability standards for

existing legislative performance goals, standards,

and measures, and order the development of

mechanisms to implement new legislative goals,

standards, and measures.

(u) To adopt criteria and implementation plans

for future growth issues, such as new colleges and

universities and campus mergers, and to provide for

cooperative agreements between and within public

and private education sectors.

(v) To develop, and periodically review for

adjustment, a coordinated 5-year plan for

postsecondary enrollment and annually submit the

plan to the Legislature.

(w) To approve a new program at the profes?

sional level or doctoral level, if:

1. The university has taken into account the

need and demand for the program, the university’s

mission, and similar program offerings by public

and nonpublic counterparts.

2. The addition of the program will not alter the

university’s emphasis on undergraduate education.

(x) To review, and approve or disapprove,

degree programs identified as unique pursuant to s.

1007.25.

(y) To recommend to the Legislature a plan for

implementing block tuition programs and providing

other incentives to encourage students to graduate

within 4 years.

(3) The State Board of Education shall adopt

rules to establish the criteria for assigning, review?

ing, and removing limited-access status to an

educational program. The State Board of Education

shall monitor the extent of limited-access programs

within the state universities and report to the

Legislature admissions and enrollment data for

limited-access programs. Such report shall be

submitted annually by December 1 and shall assist

in determining the potential need for academic

program contracts with independent institutions

pursuant to paragraph (2)(p). The report must

specify, for each limited-access program within

each institution, the following categories, by race

and gender:

(a) The number of applicants.

(b) The number of applicants granted admis?

sion.

admission and enroll.

(d) The number of applicants denied admis?

sion.

(e) The number of applicants neither granted

admission nor denied admission.

Each category must be reported for each term.

Each category must be reported by type of student,

including the following subcategories: native

students, community college associate in arts

degree transfer students, and other students. Each

category and subcategory must further be reported

according to the number of students who meet or

exceed the minimum eligibility requirements for

admission to the program and the number of

students who do not meet or exceed the minimum

eligibility requirements for admission to the pro?

gram.

(4) The State Board of Education shall review,

and approve or disapprove, baccalaureate-degree

programs that exceed 120 semester hours, after

considering accreditation requirements, employ?

ment and earnings of graduates, comparative

program lengths nationally, and comparisons with

similar programs offered by independent institu?

tions. By December 31 of each year, the State

Board of Education must report to the Legislature

any degrees in the state universities that require

more than 120 hours, along with appropriate

evidence of need. At least every 5 years, the State

Board of Education must determine whether the

programs still require more than the standard length

of 120 hours.

(5)(a) The State Board of Education shall

adopt a systemwide strategic plan that specifies

goals and objectives for the state universities and

community colleges. In developing this plan, the

State Board of Education shall consider the role of

individual public and independent institutions within

the state. The plan shall provide for the roles of the

universities and community colleges to be coordi?

nated to best meet state needs and reflect cost-

effective use of state resources. The strategic plan

must clarify mission statements and identify degree

programs to be offered at each university and

community college in accordance with the objec?

tives provided in this subsection. The systemwide

strategic plan must cover a period of 5 years, with

modification of the program lists after 2 years.

Development of each 5-year plan must be coordi?

nated with and initiated after completion of the

master plan. The systemwide and university and

community college strategic plans must specifically

include programs and procedures for responding to

the educational needs of teachers and students in

the public schools of this state. The state board

shall submit a report to the President of the Senate

and the Speaker of the House of Representatives

upon modification of the system plan.

(b) The State Board of Education shall develop

long-range plans and annual reports for financial

aid in this state. The long-range plans shall estab?

lish goals and objectives for a comprehensive

program of financial aid for Florida students and

shall be updated every 5 years. The annual report

shall include an assessment of progress made in

achieving goals and objectives established in the

long-range plans and recommendations for repeal?

ing or modifying existing financial aid programs or

establishing new programs. A long-range plan shall

be submitted by January 1, 2004, and every 5 years

thereafter. An annual report shall be submitted on

January 1, 2004, and in each successive year that

a long-range plan is not submitted, to the President

of the Senate and the Speaker of the House of

Representatives.

(6) The State Board of Education shall

coordinate the programs with the Council for

Education Policy Research and Improvement,

including doctoral programs. The programs shall be

reviewed every 5 years or whenever the state board

determines that the effectiveness or efficiency of a

program is jeopardized. The State Board of Educa?

tion shall define the indicators of quality and the

criteria for program review for every program. Such

indicators include need, student demand, industry-

driven competencies for advanced technology and

related programs, and resources available to

support continuation. The results of the program

reviews must be tied to the university and commu?

nity college budget requests.

(7) The State Board of Education shall:

(a) Provide for each community college to offer

educational training and service programs designed

to meet the needs of both students and the commu?

nities served.

(b) Specify, by rule, procedures to be used by

the boards of trustees in the annual evaluations of

presidents and review the evaluations of presidents

by the boards of trustees.

that will provide composite data concerning the

community colleges and state universities and

ensure that special analyses and studies concern?

ing the institutions are conducted, as necessary, for

provision of accurate and cost-effective information

concerning the institutions.

(d) Establish criteria for making recommenda?

tions for modifying district boundary lines for

community colleges.

(e) Establish criteria for making recommenda?

tions concerning all proposals for the establishment

of additional centers or campuses for community

colleges and state universities.

(f) Examine the annual administrative review of

each community college and state university.

(g) Specify, by rule, the degree program

courses that may be taken by students concurrently

enrolled in college-preparatory instruction.

(h) Adopt and submit to the Legislature a 3?

year list of priorities for fixed-capital-outlay projects.

(8) The State Board of Education is respon?

sible for reviewing and administering the state

program of support for the community colleges and,

subject to existing law, shall establish the tuition

and out-of-state fees for college-preparatory

instruction and for credit instruction that may be

counted toward an associate in arts degree, an

associate in applied science degree, or an associ?

ate in science degree.

(9) The State Board of Education shall

prescribe minimum standards, definitions, and

guidelines for community colleges and state

universities that will ensure the quality of education,

coordination among the community colleges and

state universities, and efficient progress toward

accomplishing the community college and state

university mission. At a minimum, these rules must

address:

(a) Personnel.

(b) Contracting.

including college-level communication and compu?

tation skills associated with successful performance

in college and with tests and other assessment

procedures that measure student achievement of

those skills. The performance measures must

provide that students moving from one level of

education to the next acquire the necessary

competencies for that level.

(d) Provisions for curriculum development,

graduation requirements, college calendars, and

program service areas. These provisions must

include rules that:

1. Provide for the award of an associate in arts

degree to a student who successfully completes 60

semester credit hours at the community college.

2. Require all of the credits accepted for the

associate in arts degree to be in the statewide

course numbering system as credits toward a

baccalaureate degree offered by a state university.

3. Require no more than 36 semester credit

hours in general education courses in the subject

areas of communication, mathematics, social

sciences, humanities, and natural sciences.

The rules should encourage community

colleges to enter into agreements with state

universities that allow community college students

to complete upper-division-level courses at a

community college. An agreement may provide for

concurrent enrollment at the community college and

the state university and may authorize the commu?

nity college to offer an upper-division-level course

or distance learning.

(e) Student admissions, conduct and disci?

pline, nonclassroom activities, and fees.

(f) Budgeting.

(g) Business and financial matters.

(h) Student services.

(i) Reports, surveys, and information systems,

including forms and dates of submission.

History.—s. 20, ch. 2002-387.

1001.11 Commissioner of Education; other

duties.—

(1) The Commissioner of Education must

independently perform the following duties:

(a) Cooperate with and coordinate responses

to requests from the members of the Legislature.

(b) Serve as the primary source of information

to the Legislature, including the President of the

Senate and the Speaker of the House of Represen?

tatives, concerning the State Board of Education

and the K-20 education system.

receiving and processing requests, in conjunction

with the Legislature, for the allocation of PECO

funds for qualified postsecondary education

projects.

(d) Integrally work with the boards of trustees

of the state universities and community colleges.

(e) Monitor the activities of the State Board of

Education and provide information related to

current and pending policies to the members of the

boards of trustees of the community colleges and

state universities.

(f) Ensure the timely provision of information

requested by the Legislature from the State Board

of Education, the commissioner’s office, and the

Department of Education.

(2)(a) The Commissioner of Education shall

recommend to the State Board of Education

performance goals addressing the educational

needs of the state for the K-20 education system.

The Council for Education Policy Research and

Improvement, as an independent entity, shall

develop a report card assigning grades to indicate

Florida’s progress toward meeting those goals. The

annual report card shall contain information

showing Florida’s performance relative to other

states on selected measures, as well as Florida’s

ability to meet the need for postsecondary degrees

and programs and how well the Legislature has

provided resources to meet this need. The informa?

tion shall include the results of the National

Assessment of Educational Progress or a similar

national assessment program administered to

students in Florida. By January 1 of each year, the

Council for Education Policy Research and Im?

provement shall submit the report card to the

Legislature, the Governor, and the public.

(b) Prior to the regular legislative session, the

Commissioner of Education shall present to the

Legislature a plan for correcting any deficiencies

identified in the report card.

(3) Notwithstanding any other provision of law

to the contrary, the Commissioner of Education, in

conjunction with the Legislature, must recommend

funding priorities for the distribution of capital outlay

funds for public postsecondary educational institu?

tions, based on priorities that include, but are not

limited to, the following criteria:

(a) Growth at the institutions.

(b) Need for specific skills statewide.

facilities.

(4) The commissioner shall develop and

implement an integrated K-20 information system

for educational management in accordance with the

requirements of chapter 1008.

(5) The commissioner shall design and

implement a statewide program of educational

assessment that provides information for the

improvement of the operation and management of

the public schools, including schools operating for

the purpose of providing educational services to

youth in Department of Juvenile Justice programs,

in accordance with the requirements of chapter

1008.

(6) The commissioner is responsible for

implementing and maintaining a system of intensive

school improvement and stringent education

accountability, in accordance with the requirements

of chapter 1008.

History.—s. 24, ch. 2002-387.

1001.42 Powers and duties of district school

board.—

The district school board, acting as a

board, shall exercise all powers and perform all

duties listed below:

(1) REQUIRE MINUTES AND RECORDS

TO BE KEPT.—Require the district school superin?

tendent, as secretary, to keep such minutes and

records as are necessary to set forth clearly all

actions and proceedings of the school board.

(a) Minutes, recording.—The minutes of each

meeting shall be reviewed, corrected if necessary,

and approved at the next regular meeting, provided

that this action may be taken at an intervening

special meeting if the district school board desires.

The minutes shall be kept as a public record in a

permanent location.

(b) Minutes, contents.—The minutes shall

show the vote of each member present on all

matters on which the district school board takes

action. It shall be the duty of each member to see to

it that both the matter and his or her vote thereon

are properly recorded in the minutes. Unless

otherwise shown by the minutes, it shall be pre?

sumed that the vote of each member present

supported any action taken by the district school

board in either the exercise of, violation of, or

neglect of the powers and duties imposed upon the

district school board by law or rule, whether such

action is recorded in the minutes or is otherwise

established. It shall also be presumed that the

policies, appointments, programs, and expenditures

not recorded in the minutes but made and actually

in effect in the district school system were made

and put into effect at the direction of the district

school board, unless it can be shown that they were

done without the actual or constructive knowledge

of the members of the district school board.

(2) CONTROL PROPERTY.—Subject to rules

of the State Board of Education, control property

and convey the title to real and personal property.

(3) ADOPT SCHOOL PROGRAM.—Adopt a

school program for the entire school district.

(4) ESTABLISHMENT, ORGANIZATION, AND

OPERATION OF SCHOOLS.—Adopt and provide

for the execution of plans for the establishment,

organization, and operation of the schools of the

district, including, but not limited to, the following:

(a) Schools and enrollment plans.—Establish

schools and adopt enrollment plans that may

include school attendance areas and open enroll?

ment provisions.

(b) Elimination of school centers and consoli?

dation of schools.—Provide for the elimination of

school centers and the consolidation of schools.

children without tuition.—Provide adequate educa?

tional facilities for all children without payment of

tuition.

(d) Cooperate with school boards of adjoining

districts in maintaining schools.—Approve plans for

cooperating with school boards of adjoining districts

in this state or in adjoining states for establishing

school attendance areas composed of territory lying

within the districts and for the joint maintenance of

district-line schools or other schools which are to

serve those attendance areas. The conditions of

such cooperation shall be as follows:

1. Establishment.—The establishment of a

school to serve attendance areas lying in more than

one district and the plans for maintaining the school

and providing educational services to students shall

be effected by annual resolutions spread upon the

minutes of each district school board concerned,

which resolutions shall set out the territorial limits of

the areas from which children are to attend the

school and the plan to be followed in maintaining

and operating the school.

2. Control.—Control of the school or schools

involved shall be vested in the district school board

of the district in which the school or schools are

located unless otherwise agreed by the district

school boards.

3. Settlement of disagreements.—In the event

an agreement cannot be reached relating to such

attendance areas or to the school or schools

therein, the matter may be referred jointly by the

cooperating district school boards or by either

district school board to the Department of Educa?

tion for decision under rules of the State Board of

Education, and its decision shall be binding on both

school boards.

(e) Classification and standardization of

schools.—Provide for the classification and stan?

dardization of schools.

(f) Opening and closing of schools; fixing

uniform date.—Adopt policies for the opening and

closing of schools and fix uniform dates.

(g) Observance of school holidays and

vacation periods.—Designate the observance of

school holidays and vacation periods.

(h) Career and technical classes and

schools.—Provide for the establishment and

maintenance of career and technical schools,

departments, or classes, giving instruction in career

and technical education as defined by rules of the

State Board of Education, and use any moneys

raised by public taxation in the same manner as

moneys for other school purposes are used for the

maintenance and support of public schools or

classes.

(i) District school boards may establish public

evening schools.—Have the authority to establish

public evening schools.

(j) Cooperate with other agencies in joint

projects.—Cooperate with other agencies in joint

projects.

(k) Planning time for teachers.—May adopt

rules for planning time for teachers in accordance

with the provisions of chapter 1012.

(l) Exceptional students.—Provide for an

appropriate program of special instruction, facilities,

and services for exceptional students as prescribed

by the State Board of Education as acceptable in

accordance with the provisions of s. 1003.57.

(m) Alternative education programs for

students in residential care facilities.—Provide, in

accordance with the provisions of chapter 1006,

educational programs according to rules of the

State Board of Education to students who reside in

residential care facilities operated by the Depart?

ment of Children and Family Services.

(n) Educational services in detention facili-

ties.—In accordance with the provisions of chapter

1006, offer services to students in detention

facilities.

(5) PERSONNEL.—Designate positions to be

filled, prescribe qualifications for those positions,

and provide for the appointment, compensation,

promotion, suspension, and dismissal of employ?

ees, subject to the requirements of chapter 1012.

Notwithstanding s. 1012.55 or any other provision

of law or rule to the contrary, the district school

board may, consistent with adopted district school

board policy relating to alternative certification for

school principals, appoint persons to the position of

school principal who do not hold educator certifica?

tion.

(6) CHILD WELFARE.—In accordance with

the provisions of chapters 1003 and 1006, provide

for the proper accounting for all children of school

age, for the attendance and control of students at

school, and for proper attention to health, safety,

and other matters relating to the welfare of children.

(7) COURSES OF STUDY AND OTHER

INSTRUCTIONAL MATERIALS.—Provide adequate

instructional materials for all students in accor?

dance with the requirements of chapter 1006.

(8) TRANSPORTATION OF STUDENTS.—

After considering recommendations of the district

school superintendent, make provision for the

transportation of students to the public schools or

school activities they are required or expected to

attend; authorize transportation routes arranged

efficiently and economically; provide the necessary

transportation facilities, and, when authorized under

rules of the State Board of Education and if more

economical to do so, provide limited subsistence in

lieu thereof; and adopt the necessary rules and

regulations to ensure safety, economy, and effi?

ciency in the operation of all buses, as prescribed in

chapter 1006.

(9) SCHOOL PLANT.—Approve plans for

locating, planning, constructing, sanitating, insuring,

maintaining, protecting, and condemning school

property as prescribed in chapter 1013 and as

follows:

(a) School building program.—Approve and

adopt a districtwide school building program.

(b) Sites, buildings, and equipment.—

1. Select and purchase school sites, play?

grounds, and recreational areas located at centers

at which schools are to be constructed, of adequate

size to meet the needs of projected students to be

accommodated.

2. Approve the proposed purchase of any site,

playground, or recreational area for which district

funds are to be used.

3. Expand existing sites.

4. Rent buildings when necessary.

5. Enter into leases or lease-purchase

arrangements, in accordance with the requirements

and conditions provided in s. 1013.15(2), with

private individuals or corporations for the rental of

necessary grounds and educational facilities for

school purposes or of educational facilities to be

erected for school purposes. Current or other funds

authorized by law may be used to make payments

under a lease-purchase agreement. Notwithstand?

ing 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 Depart?

ment of Education, and no such contract shall be

entered into without such approval. As used in this

section, “educational facilities” means the buildings

and equipment that are built, installed, or estab?

lished to serve educational purposes and that may

lawfully be used. The State Board of Education may

adopt such rules as are necessary to implement

these provisions.

6. Provide for the proper supervision of

construction.

7. Make or contract for additions, alterations,

and repairs on buildings and other school proper?

ties.

8. Ensure that all plans and specifications for

buildings provide adequately for the safety and well?

being of students, as well as for economy of

construction.

Provide adequately for the proper maintenance and

upkeep of school plants, so that students may

attend school without sanitary or physical hazards,

and provide for the necessary heat, lights, water,

power, and other supplies and utilities necessary for

the operation of the schools.

(d) Insurance of school property.—Carry

insurance on every school building in all school

plants including contents, boilers, and machinery,

except buildings of three classrooms or less that

are of frame construction and located in a tenth

class public protection zone as defined by the

Florida Inspection and Rating Bureau, and on all

school buses and other property under the control

of the district school board or title to which is vested

in the district school board, except as exceptions

may be authorized under rules of the State Board of

Education.

(e) Condemnation of buildings.—Condemn

and prohibit the use for public school purposes of

any building that can be shown for sanitary or other

reasons to be no longer suitable for such use and,

when any building is condemned by any state or

other government agency as authorized in chapter

1013, see that it is no longer used for school

purposes.

(10) FINANCE.—Take steps to assure

students adequate educational facilities through the

financial procedure authorized in chapters 1010

and 1011 and as prescribed below:

(a) Provide for all schools to operate at least

180 days.—Provide for the operation of all public

schools, both elementary and secondary, as free

schools for a term of at least 180 days or the

equivalent on an hourly basis as specified by rules

of the State Board of Education; determine district

school funds necessary in addition to state funds to

operate all schools for such minimum term; and

arrange for the levying of district school taxes

necessary to provide the amount needed from

district sources.

(b) Annual budget.—Cause to be prepared,

adopt, and have submitted to the Department of

Education as required by law and rules of the State

Board of Education, the annual school budget, such

budget to be so prepared and executed as to

promote the improvement of the district school

system.

minutes a resolution fixing the district school tax

levy, provided for under s. 9, Art. VII of the State

Constitution, necessary to carry on the school

program adopted for the district for the next ensuing

fiscal year as required by law, and fixing the district

bond interest and sinking fund tax levy necessary

for districts against which bonds are outstanding;

and adopt and spread on its minutes a resolution

suggesting the tax levy provided for in s. 9, Art. VII

of the State Constitution, found necessary to carry

on the school program adopted for the district for

the next ensuing fiscal year.

(d) School funds.—Require that an accurate

account is kept of all funds that should be transmit?

ted to the district school board for school purposes

at various periods during the year from all sources

and, if any funds are not transmitted promptly, take

the necessary steps to have such funds made

available.

(e) Borrow money.—Borrow money, as

prescribed in ss. 1011.12-1011.16, when necessary

in anticipation of funds reasonably to be expected

during the year as shown by the budget.

(f) Financial records and accounts.—Provide

for keeping of accurate records of all financial

transactions.

(g) Approval and payment of accounts.—

Implement a system of accounting and budgetary

control to ensure that payments do not exceed

amounts budgeted, as required by law; make

available all records for proper audit by state

officials or independent certified public accountants;

and have prepared required periodic statements to

be filed with the Department of Education as

provided by rules of the State Board of Education.

(h) Bonds of employees.—Fix and prescribe

the bonds, and pay the premium on all such bonds,

of all school employees who are responsible for

school funds in order to provide reasonable

safeguards for all such funds or property.

(i) Contracts for materials, supplies, and

services.—Contract for materials, supplies, and

services needed for the district school system. No

contract for supplying these needs shall be made

with any member of the district school board, with

the district school superintendent, or with any

business organization in which any district school

board member or the district school superintendent

has any financial interest whatsoever.

(j) Purchasing regulations to be secured from

Department of Management Services.—Secure

purchasing regulations and amendments and

changes thereto from the Department of Manage?

ment 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 regula?

tions, provided a regulation applicable to the item or

items being purchased has been adopted by the

department. The department should meet with

educational administrators to expand the inventory

of standard items for common usage in all schools

and postsecondary educational institutions.

(k) Protection against loss.—Provide for

adequate protection against any loss or damage to

school property or loss resulting from any liability

for which the district school board or its officers,

agents, or employees may be responsible under

law. In fulfilling this responsibility, the district school

board may purchase insurance, to be self-insured,

to enter into risk management programs managed

by district school boards, school-related associa?

tions, or insurance companies, or to have any

combination thereof in any area to the extent the

district school board is either authorized or required

by law to contract for insurance. Any risk manage?

ment program entered into pursuant to this subsec?

tion shall provide for strict accountability of all funds

to the member district school boards and an annual

audit by an independent certified public accountant

of all receipts and disbursements.

(l) Internal auditor.—May employ an internal

auditor to perform ongoing financial verification of

the financial records of the school district. The

internal auditor shall report directly to the district

school board or its designee.

(m) Financial and performance audits.—In

addition to the audits required by ss. 11.45 and

218.39, may contract with an independent certified

public accountant to conduct a financial or perfor?

mance audit of its accounts and records retained by

it and paid from its public funds.

(11) RECORDS AND REPORTS.—Provide for

the keeping of all necessary records and the

making of all needed or required reports, as

follows:

(a) Forms, blanks, and reports.—Require all

employees to keep accurately all records and to

make promptly in the proper form all reports

required by law or by rules of the State Board of

Education.

(b) Reports to the department.—Require that

the district school superintendent prepare all

reports to the Department of Education that may be

required by law or rules of the State Board of

Education; see that all such reports are promptly

transmitted to the department; withhold the further

payment of salary to the superintendent or em?

ployee when notified by the department that he or

she has failed to file any report within the time or in

the manner prescribed; and continue to withhold

the salary until the district school board is notified

by the department that such report has been

received and accepted, provided that when any

report has not been received by the date due and

after due notice has been given to the district

school board of that fact, the department, if it

deems necessary, may require the report to be

prepared by a member of its staff, and the district

school board shall pay all expenses connected

therewith. Any member of the district school board

who is responsible for the violation of this provision

is subject to suspension and removal.

regular intervals, reports are made by school

principals or teachers to parents, apprising them of

the progress being made by the students in their

studies and giving other needful information.

(12) COOPERATION WITH OTHER DISTRICT

SCHOOL BOARDS.—May establish and participate

in educational consortia that are designed to

provide joint programs and services to cooperating

school districts, consistent with the provisions of s.

4(b), Art. IX of the State Constitution. The State

Board of Education shall adopt rules providing for

the establishment, funding, administration, and

operation of such consortia.

(13) ENFORCEMENT OF LAW AND

RULES.—Require that all laws and rules of the

State Board of Education or of the district school

board are properly enforced.

(14) SCHOOL LUNCH PROGRAM.—Assume

such responsibilities and exercise such powers and

perform such duties as may be assigned to it by law

or as may be required by rules of the State Board of

Education or, as in the opinion of the district school

board, are necessary to ensure school lunch

services, consistent with needs of students;

effective and efficient operation of the program; and

the proper articulation of the school lunch program

with other phases of education in the district.

(15) PUBLIC INFORMATION AND PARENTAL

INVOLVEMENT PROGRAM.—

(a) Adopt procedures whereby the general

public can be adequately informed of the educa?

tional programs, needs, and objectives of public

education within the district, including educational

opportunities available through the Florida Virtual

School.

(b) Encourage teachers and administrators to

keep parents informed of student progress, student

programs, student attendance requirements

pursuant to ss. 1003.26, 1003.27, 414.1251, and

984.151, and availability of resources for academic

assistance.

(16) IMPLEMENT SCHOOL IMPROVEMENT

AND ACCOUNTABILITY.—Maintain a system of

school improvement and education accountability

as provided by statute and State Board of Educa?

tion rule. This system of school improvement and

education accountability shall be consistent with,

and implemented through, the district’s continuing

system of planning and budgeting required by this

section and ss. 1008.385, 1010.01, and 1011.01.

This system of school improvement and education

accountability shall include, but is not limited to, the

following:

(a) School improvement plans.—Annually

approve and require implementation of a new,

amended, or continuation school improvement plan

for each school in the district, except that a district

school board may establish a district school

improvement plan that includes all schools in the

district operating for the purpose of providing

educational services to youth in Department of

Juvenile Justice programs. Such plan shall be

designed to achieve the state education priorities

pursuant to s. 1000.03(5) and student performance

standards. Each plan shall also address issues

relative to budget, training, instructional materials,

technology, staffing, student support services,

specific school safety and discipline strategies, and

other matters of resource allocation, as determined

by district school board policy, and shall be based

on an analysis of student achievement and other

school performance data.

(b) Approval process.—Develop a process for

approval of a school improvement plan presented

by an individual school and its advisory council. In

the event a district school board does not approve a

school improvement plan after exhausting this

process, the Department of Education shall be

notified of the need for assistance.

1. Develop a 2-year plan of increasing indi?

vidualized assistance and intervention for each

school in danger of not meeting state standards or

making adequate progress, as defined pursuant to

statute and State Board of Education rule, toward

meeting the goals and standards of its approved

school improvement plan.

2. Provide assistance and intervention to a

school that is identified as being in performance

grade category “D” pursuant to s. 1008.34 and is in

danger of failing.

3. Develop a plan to encourage teachers with

demonstrated mastery in improving student

performance to remain at or transfer to a school

designated as performance grade category “D” or

“F” or to an alternative school that serves disruptive

or violent youths. If a classroom teacher, as defined

by s. 1012.01(2)(a), who meets the definition of

teaching mastery developed according to the

provisions of this paragraph, requests assignment

to a school designated as performance grade

category “D” or “F” or to an alternative school that

serves disruptive or violent youths, the district

school board shall make every practical effort to

grant the request.

4. Prioritize, to the extent possible, the

expenditures of funds received from the supple?

mental academic instruction categorical fund under

s. 1011.62(1)(f) to improve student performance in

schools that receive a performance grade category

designation of “D” or “F.”

(d) After 2 years.—Notify the Commissioner of

Education and the State Board of Education in the

event any school does not make adequate progress

toward meeting the goals and standards of a school

improvement plan by the end of 2 years of failing to

make adequate progress and proceed according to

guidelines developed pursuant to statute and State

Board of Education rule. School districts shall

provide intervention and assistance to schools in

danger of being designated as performance grade

category “F,” failing to make adequate progress.

(e) Public disclosure.—Provide information

regarding performance of students and educational

programs as required pursuant to ss. 1008.22 and

1008.385 and implement a system of school

reports as required by statute and State Board of

Education rule that shall include schools operating

for the purpose of providing educational services to

youth in Department of Juvenile Justice programs,

and for those schools, report on the elements

specified in s. 1003.52(20). Annual public disclosure

reports shall be in an easy-to-read report card

format and shall include the school’s student and

school performance grade category designation

and performance data as specified in state board

rule.

(f) School improvement funds.—Provide funds

to schools for developing and implementing school

improvement plans. Such funds shall include those

funds appropriated for the purpose of school

improvement pursuant to s. 24.121(5)(c).

(17) LOCAL-LEVEL DECISIONMAKING.—

(a) Adopt policies that clearly encourage and

enhance maximum decisionmaking appropriate to

the school site. Such policies must include guide?

lines 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, budget?

ing, 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.

the membership composition of school advisory

councils to ensure compliance with requirements

established in s. 1001.452.

(d) Adopt policies that assist in giving greater

autonomy, including authority over the allocation of

the school’s budget, to schools designated as

performance grade category “A,” making excellent

progress, and schools rated as having improved at

least two performance grade categories.

(18) OPPORTUNITY SCHOLARSHIPS.—

Adopt policies allowing students attending schools

that have been designated as performance grade

category “F,” failing to make adequate progress, for

2 school years in a 4-year period to attend a higher

performing school in the district or an adjoining

district or be granted a state opportunity scholar?

ship to a private school, in conformance with s.

1002.38 and State Board of Education rule.

(19) AUTHORITY TO DECLARE AN EMER-

GENCY.—May declare an emergency in cases in

which one or more schools in the district are failing

or are in danger of failing and negotiate special

provisions of its contract with the appropriate

bargaining units to free these schools from contract

restrictions that limit the school’s ability to imple?

ment programs and strategies needed to improve

student performance.

(20) SCHOOL-WITHIN-A-SCHOOL.—In order

to reduce the anonymity of students in large

schools, adopt policies to encourage any school

that does not meet the definition of a small school,

as established by s. 1013.43(2), to subdivide into

schools-within-a-school that shall operate within

existing resources in accordance with the provi?

sions of chapter 1003.

(21) FLORIDA VIRTUAL SCHOOL.—Provide

students with access to enroll in courses available

through the Florida Virtual School and award credit

for successful completion of such courses. Access

shall be available to students during or after the

normal school day and through summer school

enrollment.

(22) ADOPT RULES.—Adopt rules pursuant to

ss. 120.536(1) and 120.54 to implement this

section.

History.—s. 55, ch. 2002-387.

1001.49 General powers of district school

superintendent.—

The district school superinten?

dent shall have the authority, and when necessary

for the more efficient and adequate operation of the

district school system, the district school superin?

tendent shall exercise the following powers:

(1) GENERAL OVERSIGHT.—Exercise

general oversight over the district school system in

order to determine problems and needs, and

recommend improvements.

(2) ADVISE, COUNSEL, AND RECOMMEND

TO DISTRICT SCHOOL BOARD.—Advise and

counsel with the district school board on all

educational matters and recommend to the district

school board for action such matters as should be

acted upon.

(3) RECOMMEND POLICIES.—Recommend

to the district school board for adoption such

policies pertaining to the district school system as

the district school superintendent may consider

necessary for its more efficient operation.

(4) RECOMMEND AND EXECUTE RULES.—

Prepare and organize by subjects and submit to the

district school board for adoption such rules to

supplement those adopted by the State Board of

Education as, in the district school superintendent’s

opinion, will contribute to the efficient operation of

any aspect of education in the district. When rules

have been adopted, the district school superinten?

dent shall see that they are executed.

(5) RECOMMEND AND EXECUTE MINIMUM

STANDARDS.—From time to time prepare, orga?

nize by subject, and submit to the district school

board for adoption such minimum standards

relating to the operation of any phase of the district

school system as are needed to supplement those

adopted by the State Board of Education and as

will contribute to the efficient operation of any

aspect of education in the district and ensure that

minimum standards adopted by the district school

board and the state board are observed.

(6) PERFORM DUTIES AND EXERCISE

RESPONSIBILITIES.—Perform such duties and

exercise such responsibilities as are assigned to

the district school superintendent by law and by

rules of the State Board of Education.

History.—s. 69, ch. 2002-387.

1001.51 Duties and responsibilities of district

school superintendent.—

The district school

superintendent shall exercise all powers and

perform all duties listed below and elsewhere in the

law, provided that, in so doing, he or she shall

advise and counsel with the district school board.

The district school superintendent shall perform all

tasks necessary to make sound recommendations,

nominations, proposals, and reports required by law

to be acted upon by the district school board. All

such recommendations, nominations, proposals,

and reports by the district school superintendent

shall be either recorded in the minutes or shall be

made in writing, noted in the minutes, and filed in

the public records of the district school board. It

shall be presumed that, in the absence of the

record required in this section, the recommenda?

tions, nominations, and proposals required of the

district school superintendent were not contrary to

the action taken by the district school board in such

matters.

(1) ASSIST IN ORGANIZATION OF DISTRICT

SCHOOL BOARD.—Preside at the organization

meeting of the district school board and transmit to

the Department of Education, within 2 weeks

following such meeting, a certified copy of the

proceedings of organization, including the schedule

of regular meetings, and the names and addresses

of district school officials.

(2) REGULAR AND SPECIAL MEETINGS OF

THE DISTRICT SCHOOL BOARD.—Attend all

regular meetings of the district school board, call

special meetings when emergencies arise, and

advise, but not vote, on questions under consider?

ation.

(3) RECORDS FOR THE DISTRICT SCHOOL

BOARD.—Keep minutes of all official actions and

proceedings of the district school board and keep

such other records, including records of property

held or disposed of by the district school board, as

may be necessary to provide complete information

regarding the district school system.

(4) SCHOOL PROPERTY.—Act for the district

school board as custodian of school property.

(5) SCHOOL PROGRAM; PREPARE

PLANS.—Supervise the assembling of data and

sponsor studies and surveys essential to the

development of a planned school program for the

entire district and prepare and recommend such a

program to the district school board as the basis for

operating the district school system.

(6) ESTABLISHMENT, ORGANIZATION, AND

OPERATION OF SCHOOLS, CLASSES, AND

SERVICES.—Recommend the establishment,

organization, and operation of such schools,

classes, and services as are needed to provide

adequate educational opportunities for all children

in the district.

(7) PERSONNEL.—Be responsible, as

required herein, for directing the work of the

personnel, subject to the requirements of chapter

1012.

(8) COURSES OF STUDY AND OTHER

INSTRUCTIONAL AIDS.—Recommend such plans

for improving, providing, distributing, accounting for,

and caring for textbooks and other instructional aids

as will result in general improvement of the district

school system, as prescribed in chapter 1006.

(9) TRANSPORTATION OF STUDENTS.—

Provide for student transportation as prescribed in

s. 1006.21.

(10) SCHOOL PLANT.—Recommend plans,

and execute such plans as are approved, regarding

all phases of the school plant program, as pre?

scribed in chapter 1013.

(11) FINANCE.—Recommend measures to

the district school board to assure adequate

educational facilities throughout the district, in

accordance with the financial procedure authorized

in chapters 1010 and 1011 and as prescribed

below:

(a) Plan for operating all schools for minimum

term.—Determine and recommend district funds

necessary in addition to state funds to provide for at

least a 180-day school term or the equivalent on an

hourly basis as specified by rules adopted by the

State Board of Education and recommend plans for

ensuring the operation of all schools for the term

authorized by the district school board.

(b) Annual budget.—Prepare the annual

school budget to be submitted to the district school

board for adoption according to law and submit this

budget, when adopted by the district school board,

to the Department of Education on or before the

date required by rules of the State Board of

Education.

school board, on the basis of the needs shown by

the budget, the amount of district school tax levy

necessary to provide the district school funds

needed for the maintenance of the public schools;

recommend to the district school board the tax levy

required on the basis of the needs shown in the

budget for the district bond interest and sinking fund

of each district; and recommend to the district

school board to be included on the ballot at each

district millage election the school district tax levies

necessary to carry on the school program.

(d) School funds.—Keep an accurate account

of all funds that should be transmitted to the district

school board for school purposes at various periods

during the year and ensure, insofar as possible, that

these funds are transmitted promptly and report

promptly to the district school board any delinquen?

cies or delays that occur in making available any

funds that should be made available for school

purposes.

(e) Borrowing money.—Recommend when

necessary the borrowing of money as prescribed by

law.

(f) Financial records and accounting.—Keep or

have kept accurate records of all financial transac?

tions.

(g) Payrolls and accounts.—Maintain accurate

and current statements of accounts due to be paid

by the district school board; certify these state?

ments as correct; liquidate district school board

obligations in accordance with the official budget

and rules of the district school board; and prepare

periodic reports as required by rules of the State

Board of Education, showing receipts, balances,

and disbursements to date, and file copies of such

periodic reports with the Department of Education.

(h) Bonds for employees.—Recommend the

bonds of all school employees who should be

bonded in order to provide reasonable safeguards

for all school funds or property.

(i) Contracts.—After study of the feasibility of

contractual services with industry, recommend to

the district school board the desirable terms,

conditions, and specifications for contracts for

supplies, materials, or services to be rendered and

see that materials, supplies, or services are

provided according to contract.

(j) Investment policies.—After careful examina?

tion, recommend policies to the district school

board that will provide for the investment or deposit

of school funds not needed for immediate expendi?

tures which shall earn the maximum possible yield

under the circumstances on such investments or

deposits. The district school superintendent shall

cause to be invested at all times all school moneys

not immediately needed for expenditures pursuant

to the policies of the district school board.

(k) Protection against loss.—Recommend

programs and procedures to the district school

board necessary to protect the school system

adequately against loss or damage to school

property or against loss resulting from any liability

for which the district school board or its officers,

agents, or employees may be responsible under

law.

(l) Millage elections.—Recommend plans and

procedures for holding and supervising all school

district millage elections.

(m) Budgets and expenditures.—Prepare,

after consulting with the principals of the various

schools, tentative annual budgets for the expendi?

ture of district funds for the benefit of public school

students of the district.

(n) Bonds.—Recommend the amounts of

bonds to be issued in the district and assist in the

preparation of the necessary papers for an election

to determine whether the proposed bond issue will

be approved by the electors and, if such bond issue

be approved by the electors, recommend plans for

the sale of bonds and for the proper expenditure of

the funds derived therefrom.

(12) RECORDS AND REPORTS.—Recom-

mend such records as should be kept in addition to

those prescribed by rules of the State Board of

Education; prepare forms for keeping such records

as are approved by the district school board; ensure

that such records are properly kept; and make all

reports that are needed or required, as follows:

(a) Forms, blanks, and reports.—Require that

all employees accurately keep all records and

promptly make in proper form all reports required

by the education code or by rules of the State

Board of Education; recommend the keeping of

such additional records and the making of such

additional reports as may be deemed necessary to

provide data essential for the operation of the

school system; and prepare such forms and blanks

as may be required and ensure that these records

and reports are properly prepared.

(b) Reports to the department.—Prepare, for

the approval of the district school board, all reports

that may be required by law or rules of the State

Board of Education to be made to the department

and transmit promptly all such reports, when

approved, to the department, as required by law. If

any such reports are not transmitted at the time and

in the manner prescribed by law or by State Board

of Education rules, the salary of the district school

superintendent must be withheld until the report

has been properly submitted. Unless otherwise

provided by rules of the State Board of Education,

the annual report on attendance and personnel is

due on or before July 1, and the annual school

budget and the report on finance are due on the

date prescribed by the commissioner.

Any district school superintendent who

knowingly signs and transmits to any state official a

false or incorrect report shall forfeit his or her right

to any salary for the period of 1 year from that date.

(13) COOPERATION WITH OTHER AGEN?

CIES.—

(a) Cooperation with governmental agencies in

enforcement of laws and rules.—Recommend plans

for cooperating with, and, on the basis of approved

plans, cooperate with federal, state, county, and

municipal agencies in the enforcement of laws and

rules pertaining to all matters relating to education

and child welfare.

(b) Identifying and reporting names of migra?

tory children, other information.—Recommend

plans for identifying and reporting to the Depart?

ment of Education the name of each child in the

school district who qualifies according to the

definition of a migratory child, based on Pub. L. No.

95-561, and for reporting such other information as

may be prescribed by the department.

(14) ENFORCEMENT OF LAWS AND

RULES.—Require that all laws and rules of the

State Board of Education, as well as supplementary

rules of the district school board, are properly

observed and report to the district school board any

violation that the district school superintendent

does not succeed in having corrected.

(15) COOPERATE WITH DISTRICT SCHOOL

BOARD.—Cooperate with the district school board

in every manner practicable to the end that the

district school system may continuously be im?

proved.

(16) VISITATION OF SCHOOLS.—Visit the

schools; observe the management and instruction;

give suggestions for improvement; and advise

supervisors, principals, teachers, patrons, and

other citizens with the view of promoting interest in

education and improving the school conditions of

the district.

(17) CONFERENCES, INSTITUTES, AND

STUDY COURSES.—Call and conduct institutes

and conferences with employees of the district

school board, school patrons, and other interested

citizens; organize and direct study and extension

courses for employees, advising them as to their

professional studies; and assist patrons and people

generally in acquiring knowledge of the aims,

services, and needs of the schools.

(18) PROFESSIONAL AND GENERAL

IMPROVEMENT.—Attend such conferences for

district school superintendents as may be called or

scheduled by the Department of Education and

avail himself or herself of means of professional

and general improvement so that he or she may

function most efficiently.

(19) RECOMMEND REVOKING CERTIFI-

CATES.—Recommend in writing to the Department

of Education the revoking of any certificate for good

cause, including a full statement of the reason for

the district school superintendent’s recommenda?

tion.

(20) MAKE RECORDS AVAILABLE TO

SUCCESSOR.—Leave with the district school

board and make available to his or her successor,

upon retiring from office, a complete inventory of

school equipment and other property, together with

all official records and such other records as may

be needed in supervising instruction and in

administering the district school system.

(21) RECOMMEND PROCEDURES FOR

INFORMING GENERAL PUBLIC.—Recommend to

the district school board procedures whereby the

general public can be adequately informed of the

educational programs, needs, and objectives of

public education within the district.

(22) SCHOOL IMPROVEMENT AND AC-

COUNTABILITY.—Recommend procedures for

implementing and maintaining a system of school

improvement and education accountability as

provided by statute and State Board of Education

rule.

(23) OTHER DUTIES AND RESPONSIBILI-

TIES.—Perform such other duties as are assigned

to the district school superintendent by law or by

rules of the State Board of Education.

History.—s. 71, ch. 2002-387.

1001.52 Reproduction and destruction of

district school records.—

(1) The purpose of this section is to reduce the

present space required by the district school systems for

the storage of their records and to permit the district

school superintendent to administer the affairs of the

district school system more efficiently.

(2) After complying with the provisions of s.

257.37, the district school superintendent may

photograph, microphotograph, or reproduce

documents, records, data, and information of a

permanent character which in his or her discretion

he or she may select, and the district school

superintendent may destroy any of the said

documents after they have been reproduced and

after audit of the district school superintendent’s

office has been completed for the period embracing

the dates of said instruments. Information made in

compliance with the provisions of this section shall

have the same force and effect as the originals

thereof would have, and shall be treated as

originals for the purpose of their admissibility into

evidence. Duly certified or authenticated reproduc?

tions shall be admitted into evidence equally with

the originals.

(3) After complying with the provisions of s.

257.37, the district school superintendent may, in

his or her discretion, destroy general correspon?

dence that is over 3 years old and other records,

papers, and documents over 3 years old that do not

serve as part of an agreement or understanding

and do not have value as permanent records.

History.—s. 72, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1002?

Student and Parental Rights and Educational Choices?

1002.22 Student records and reports; rights of

parents and students; notification; penalty.—

(1) PURPOSE.—The purpose of this section is

to protect the rights of students and their parents

with respect to student records and reports as

created, maintained, and used by public educa?

tional institutions in the state. The intent of the

Legislature is that students and their parents shall

have rights of access, rights of challenge, and

rights of privacy with respect to such records and

reports, and that rules shall be available for the

exercise of these rights.

(2) DEFINITIONS.—As used in this section:

(a) “Chief executive officer” means that person,

whether elected or appointed, who is responsible

for the management and administration of any

public educational body or unit, or the chief execu?

tive officer’s designee for student records; that is,

the district school superintendent, the director of an

area technical center, the president of a public

postsecondary educational institution, or their

designees.

(b) “Directory information” includes the

student’s name, address, telephone number if it is a

listed number, date and place of birth, major field of

study, participation in officially recognized activities

and sports, weight and height of members of

athletic teams, dates of attendance, degrees and

awards received, and the most recent previous

educational agency or institution attended by the

student.

records, files, and data directly related to students

that are created, maintained, and used by public

educational institutions, including all material that is

incorporated into each student’s cumulative record

folder and intended for school use or to be available

to parties outside the school or school system for

legitimate educational or research purposes.

Materials that shall be considered as part of a

student’s record include, but are not necessarily

limited to: identifying data, including a student’s

social security number; academic work completed;

level of achievement records, including grades and

standardized achievement test scores; attendance

data; scores on standardized intelligence, aptitude,

and psychological tests; interest inventory results;

health data; family background information; teacher

or counselor ratings and observations; verified

reports of serious or recurrent behavior patterns;

and any other evidence, knowledge, or information

recorded in any medium, including, but not limited

to, handwriting, typewriting, print, magnetic tapes,

film, microfilm, and microfiche, and maintained and

used by an educational agency or institution or by a

person acting for such agency or institution.

However, the terms “records” and “reports” do not

include:

1. Records of instructional, supervisory, and

administrative personnel, and educational person?

nel ancillary to those persons, that are kept in the

sole possession of the maker of the record and are

not accessible or revealed to any other person

except a substitute for any of such persons. An

example of records of this type is instructor’s grade

books.

2. Records of law enforcement units of the

institution that are maintained solely for law

enforcement purposes and that are not available to

persons other than officials of the institution or law

enforcement officials of the same jurisdiction in the

exercise of that jurisdiction.

3. Records made and maintained by the

institution in the normal course of business that

relate exclusively to a student in his or her capacity

as an employee and that are not available for use

for any other purpose.

4. Records created or maintained by a

physician, psychiatrist, psychologist, or other

recognized professional or paraprofessional acting

in his or her professional or paraprofessional

capacity, or assisting in that capacity, that are

created, maintained, or used only in connection

with the provision of treatment to the student and

that are not available to anyone other than persons

providing such treatment. However, such records

shall be open to a physician or other appropriate

professional of the student’s choice.

5. Directory information as defined in this

section.

6. Other information, files, or data that do not

permit the personal identification of a student.

7. Letters or statements of recommendation or

evaluation that were confidential under Florida law

and that were received and made a part of the

student’s educational records prior to July 1, 1977.

8. Copies of the student’s fingerprints. No

public educational institution shall maintain any

report or record relative to a student that includes a

copy of the student’s fingerprints.

(d) “Student” means any child or adult who is

enrolled or who has been enrolled in any instruc?

tional program or activity conducted under the

authority and direction of an institution comprising a

part of the state system of public education and

with respect to whom an educational institution

maintains educational records and reports or

personally identifiable information, but does not

include a person who has not been in attendance

as an enrollee at such institution.

(3) RIGHTS OF PARENT OR STUDENT.—

The parent of any student who attends or has

attended any public school, area technical center,

or public postsecondary educational institution shall

have the following rights with respect to any records

or reports created, maintained, and used by any

public educational institution in the state. However,

whenever a student has attained 18 years of age,

or is attending a postsecondary educational

institution, the permission or consent required of,

and the rights accorded to, the parents of the

student shall thereafter be required of and ac?

corded to the student only, unless the student is a

dependent student of such parents as defined in 26

U.S.C. s. 152 (s. 152 of the Internal Revenue Code

of 1954). The State Board of Education shall adopt

rules whereby parents or students may exercise

these rights:

(a) Right of access.—

1. Such parent or student shall have the right,

upon request directed to the appropriate school

official, to be provided with a list of the types of

records and reports, directly related to students, as

maintained by the institution that the student

attends or has attended.

2. Such parent or student shall have the right,

upon request, to be shown any record or report

relating to such student maintained by any public

educational institution. When the record or report

includes information on more than one student, the

parent or student shall be entitled to receive, or be

informed of, only that part of the record or report

that pertains to the student who is the subject of the

request. Upon a reasonable request therefor, the

institution shall furnish such parent or student with

an explanation or interpretation of any such record

or report.

3. Copies of any list, record, or report re?

quested under the provisions of this paragraph shall

be furnished to the parent or student upon request.

4. The State Board of Education shall adopt

rules to be followed by all public educational

institutions in granting requests for lists, or for

access to reports and records or for copies or

explanations thereof under this paragraph. How?

ever, access to any report or record requested

under the provisions of subparagraph 2. shall be

granted within 30 days after receipt of such request

by the institution. Fees may be charged for furnish?

ing any copies of reports or records requested

under subparagraph 3., but such fees shall not

exceed the actual cost to the institution of produc?

ing such copies.

(b) Right of waiver of access to confidential

letters or statements.—A parent or student shall

have the right to waive the right of access to letters

or statements of recommendation or evaluation,

except that such waiver shall apply to recommenda?

tions or evaluations only if:

1. The parent or student is, upon request,

notified of the names of all persons submitting

confidential letters or statements.

2. Such recommendations or evaluations are

used solely for the purpose for which they were

specifically intended.

Such waivers may not be required as a

condition for admission to, receipt of financial aid

from, or receipt of any other services or benefits

from, any public agency or public educational

institution in this state.

or student shall have the right to challenge the

content of any record or report to which such

person is granted access under paragraph (a), in

order to ensure that the record or report is not

inaccurate, misleading, or otherwise in violation of

the privacy or other rights of the student and to

provide an opportunity for the correction, deletion,

or expunction of any inaccurate, misleading, or

otherwise inappropriate data or material contained

therein. Any challenge arising under the provisions

of this paragraph may be settled through informal

meetings or discussions between the parent or

student and appropriate officials of the educational

institution. If the parties at such a meeting agree to

make corrections, to make deletions, to expunge

material, or to add a statement of explanation or

rebuttal to the file, such agreement shall be

reduced to writing and signed by the parties; and

the appropriate school officials shall take the

necessary actions to implement the agreement. If

the parties cannot reach an agreement, upon the

request of either party, a hearing shall be held on

such challenge under rules adopted by the State

Board of Education. Upon the request of the parent

or student, the hearing shall be exempt from the

requirements of s. 286.011. Such rules shall include

at least the following provisions:

1. The hearing shall be conducted within a

reasonable period of time following the request for

the hearing.

2. The hearing shall be conducted, and the

decision rendered, by an official of the educational

institution or other party who does not have a direct

interest in the outcome of the hearing.

3. The parent or student shall be afforded a full

and fair opportunity to present evidence relevant to

the issues raised under this paragraph.

4. The decision shall be rendered in writing

within a reasonable period of time after the conclu?

sion of the hearing.

5. The appropriate school officials shall take

the necessary actions to implement the decision.

(d) Right of privacy.—Every student shall have

a right of privacy with respect to the educational

records kept on him or her. Personally identifiable

records or reports of a student, and any personal

information contained therein, are confidential and

exempt from the provisions of s. 119.07(1). No state

or local educational agency, board, public school,

technical center, or public postsecondary educa?

tional institution shall permit the release of such

records, reports, or information without the written

consent of the student’s parent, or of the student

himself or herself if he or she is qualified as

provided in this subsection, to any individual,

agency, or organization. However, personally

identifiable records or reports of a student may be

released to the following persons or organizations

without the consent of the student or the student’s

parent:

1. Officials of schools, school systems,

technical centers, or public postsecondary educa?

tional institutions in which the student seeks or

intends to enroll; and a copy of such records or

reports shall be furnished to the parent or student

upon request.

2. Other school officials, including teachers

within the educational institution or agency, who

have legitimate educational interests in the informa?

tion contained in the records.

3. The United States Secretary of Education,

the Director of the National Institute of Education,

the Assistant Secretary for Education, the Comp?

troller General of the United States, or state or local

educational authorities who are authorized to

receive such information subject to the conditions

set forth in applicable federal statutes and regula?

tions of the United States Department of Education,

or in applicable state statutes and rules of the State

Board of Education.

4. Other school officials, in connection with a

student’s application for or receipt of financial aid.

5. Individuals or organizations conducting

studies for or on behalf of an institution or a board

of education for the purpose of developing, validat?

ing, or administering predictive tests, administering

student aid programs, or improving instruction, if

such studies are conducted in such a manner as

will not permit the personal identification of students

and their parents by persons other than representa?

tives of such organizations and if such information

will be destroyed when no longer needed for the

purpose of conducting such studies.

6. Accrediting organizations, in order to carry

out their accrediting functions.

7. School readiness coalitions and the Florida

Partnership for School Readiness in order to carry

out their assigned duties.

8. For use as evidence in student expulsion

hearings conducted by a district school board

pursuant to the provisions of chapter 120.

9. Appropriate parties in connection with an

emergency, if knowledge of the information in the

student’s educational records is necessary to

protect the health or safety of the student or other

individuals.

10. The Auditor General and the Office of

Program Policy Analysis and Government Account?

ability in connection with their official functions;

however, except when the collection of personally

identifiable information is specifically authorized by

law, any data collected by the Auditor General and

the Office of Program Policy Analysis and Govern?

ment Accountability is confidential and exempt from

the provisions of s. 119.07(1) and shall be protected

in such a way as will not permit the personal

identification of students and their parents by other

than the Auditor General, the Office of Program

Policy Analysis and Government Accountability, and

their staff, and such personally identifiable data

shall be destroyed when no longer needed for the

Auditor General’s and the Office of Program Policy

Analysis and Government Accountability’s official

use.

11.a. A court of competent jurisdiction in

compliance with an order of that court or the

attorney of record pursuant to a lawfully issued

subpoena, upon the condition that the student and

the student’s parent are notified of the order or

subpoena in advance of compliance therewith by

the educational institution or agency.

b. A person or entity pursuant to a court of

competent jurisdiction in compliance with an order

of that court or the attorney of record pursuant to a

lawfully issued subpoena, upon the condition that

the student, or his or her parent if the student is

either a minor and not attending a postsecondary

educational institution or a dependent of such

parent as defined in 26 U.S.C. s. 152 (s. 152 of the

Internal Revenue Code of 1954), is notified of the

order or subpoena in advance of compliance

therewith by the educational institution or agency.

12. Credit bureaus, in connection with an

agreement for financial aid that the student has

executed, provided that such information may be

disclosed only to the extent necessary to enforce

the terms or conditions of the financial aid agree?

ment. Credit bureaus shall not release any informa?

tion obtained pursuant to this paragraph to any

person.

13. Parties to an interagency agreement

among the Department of Juvenile Justice, school

and law enforcement authorities, and other signa?

tory agencies for the purpose of reducing juvenile

crime and especially motor vehicle theft by promot?

ing cooperation and collaboration, and the sharing

of appropriate information in a joint effort to improve

school safety, to reduce truancy and in-school and

out-of-school suspensions, and to support alterna?

tives to in-school and out-of-school suspensions

and expulsions that provide structured and well-

supervised educational programs supplemented by

a coordinated overlay of other appropriate services

designed to correct behaviors that lead to truancy,

suspensions, and expulsions, and that support

students in successfully completing their education.

Information provided in furtherance of such inter?

agency agreements is intended solely for use in

determining the appropriate programs and services

for each juvenile or the juvenile’s family, or for

coordinating the delivery of such programs and

services, and as such is inadmissible in any court

proceedings prior to a dispositional hearing unless

written consent is provided by a parent or other

responsible adult on behalf of the juvenile.

This paragraph does not prohibit any educa?

tional institution from publishing and releasing to

the general public directory information relating to a

student if the institution elects to do so. However, no

educational institution shall release, to any indi?

vidual, agency, or organization that is not listed in

subparagraphs 1.-13., directory information relating

to the student body in general or a portion thereof

unless it is normally published for the purpose of

release to the public in general. Any educational

institution making directory information public shall

give public notice of the categories of information

that it has designated as directory information with

respect to all students attending the institution and

shall allow a reasonable period of time after such

notice has been given for a parent or student to

inform the institution in writing that any or all of the

information designated should not be released.

(4) NOTIFICATION.—Every parent and

student entitled to rights relating to student records

and reports under the provisions of subsection (3)

shall be notified annually, in writing, of such rights

and that the institution has a policy of supporting

the law; the types of information and data generally

entered in the student records as maintained by the

institution; and the procedures to be followed in

order to exercise such rights. The notification shall

be general in form and in a manner to be deter?

mined by the State Board of Education and may be

incorporated with other printed materials distributed

to students, such as being printed on the back of

school assignment forms or report cards for

students attending kindergarten or grades 1

through 12 in the public school system and being

printed in college catalogs or in other program

announcement bulletins for students attending

postsecondary educational institutions.

(5) PENALTY.—In the event that any public

school official or employee, district school board

official or employee, technical center official or

employee, or public postsecondary educational

institution official or employee refuses to comply

with any of the provisions of this section, the

aggrieved parent or student shall have an immedi?

ate right to bring an action in the circuit court to

enforce the violated right by injunction. Any ag?

grieved parent or student who brings such an action

and whose rights are vindicated may be awarded

attorney’s fees and court costs.

(6) APPLICABILITY TO RECORDS OF

DEFUNCT INSTITUTIONS.—The provisions of this

section also apply to student records that any

nonpublic educational institution that is no longer

operating has deposited with the district school

superintendent in the county where the nonpublic

educational institution was located.

History.—s. 94, ch. 2002-387.

1002.38 Opportunity Scholarship Program.—

(1) FINDINGS AND INTENT.—The purpose of

this section is to provide enhanced opportunity for

students in this state to gain the knowledge and

skills necessary for postsecondary education, a

technical education, or the world of work. The

Legislature recognizes that the voters of the State

of Florida, in the November 1998 general election,

amended s. 1, Art. IX of the Florida Constitution so

as to make education a paramount duty of the

state. The Legislature finds that the State Constitu?

tion requires the state to provide a uniform, safe,

secure, efficient, and high-quality system which

allows the opportunity to obtain a high-quality

education. The Legislature further finds that a

student should not be compelled, against the

wishes of the student’s parent, to remain in a

school found by the state to be failing for 2 years in

a 4-year period. The Legislature shall make

available opportunity scholarships in order to give

parents the opportunity for their children to attend a

public school that is performing satisfactorily or to

attend an eligible private school when the parent

chooses to apply the equivalent of the public

education funds generated by his or her child to the

cost of tuition in the eligible private school as

provided in paragraph (6)(a). Eligibility of a private

school shall include the control and accountability

requirements that, coupled with the exercise of

parental choice, are reasonably necessary to

secure the educational public purpose, as delin?

eated in subsection (4).

(2) OPPORTUNITY SCHOLARSHIP ELIGI-

BILITY.—A public school student’s parent may

request and receive from the state an opportunity

scholarship for the student to enroll in and attend a

private school in accordance with the provisions of

this section if:

(a)1. By assigned school attendance area or

by special assignment, the student has spent the

prior school year in attendance at a public school

that has been designated pursuant to s. 1008.34 as

performance grade category “F,” failing to make

adequate progress, and that has had 2 school

years in a 4-year period of such low performance,

and the student’s attendance occurred during a

school year in which such designation was in effect;

2. The student has been in attendance

elsewhere in the public school system and has

been assigned to such school for the next school

year; or

3. The student is entering kindergarten or first

grade and has been notified that the student has

been assigned to such school for the next school

year.

(b) The parent has obtained acceptance for

admission of the student to a private school eligible

for the program pursuant to subsection (4), and has

notified the Department of Education and the

school district of the request for an opportunity

scholarship no later than July 1 of the first year in

which the student intends to use the scholarship.

The provisions of this section shall not apply to

a student who is enrolled in a school operating for

the purpose of providing educational services to

youth in Department of Juvenile Justice commit?

ment programs. For purposes of continuity of

educational choice, the opportunity scholarship

shall remain in force until the student returns to a

public school or, if the student chooses to attend a

private school the highest grade of which is grade

8, until the student matriculates to high school and

the public high school to which the student is

assigned is an accredited school with a perfor?

mance grade category designation of “C” or better.

However, at any time upon reasonable notice to the

Department of Education and the school district,

the student’s parent may remove the student from

the private school and place the student in a public

school, as provided in subparagraph (3)(a)2.

(3) SCHOOL DISTRICT OBLIGATIONS.—

(a) A school district shall, for each student

enrolled in or assigned to a school that has been

designated as performance grade category “F” for 2

school years in a 4-year period:

1. Timely notify the parent of the student as

soon as such designation is made of all options

available pursuant to this section.

2. Offer that student’s parent an opportunity to

enroll the student in the public school within the

district that has been designated by the state

pursuant to s. 1008.34 as a school performing

higher than that in which the student is currently

enrolled or to which the student has been assigned,

but not less than performance grade category “C.”

The parent is not required to accept this offer in lieu

of requesting a state opportunity scholarship to a

private school. The opportunity to continue attend?

ing the higher performing public school shall remain

in force until the student graduates from high

school.

(b) The parent of a student enrolled in or

assigned to a school that has been designated

performance grade category “F” for 2 school years

in a 4-year period may choose as an alternative to

enroll the student in and transport the student to a

higher-performing public school that has available

space in an adjacent school district, and that school

district shall accept the student and report the

student for purposes of the district’s funding

pursuant to the Florida Education Finance Program.

participating in the state Opportunity Scholarship

Program, the school district shall provide locations

and times to take all statewide assessments

required pursuant to s. 1008.22.

(d) Students with disabilities who are eligible

to receive services from the school district under

federal or state law, and who participate in this

program, remain eligible to receive services from

the school district as provided by federal or state

law.

(e) If for any reason a qualified private school

is not available for the student or if the parent

chooses to request that the student be enrolled in

the higher performing public school, rather than

choosing to request the state opportunity scholar?

ship, transportation costs to the higher performing

public school shall be the responsibility of the

school district. The district may utilize state cat?

egorical transportation funds or state-appropriated

public school choice incentive funds for this

purpose.

(4) PRIVATE SCHOOL ELIGIBILITY.—To be

eligible to participate in the Opportunity Scholarship

Program, a private school must be a Florida private

school, may be sectarian or nonsectarian, and

must:

(a) Demonstrate fiscal soundness by being in

operation for 1 school year or provide the Depart?

ment of Education with a statement by a certified

public accountant confirming that the private school

desiring to participate is insured and the owner or

owners have sufficient capital or credit to operate

the school for the upcoming year serving the

number of students anticipated with expected

revenues from tuition and other sources that may

be reasonably expected. In lieu of such a state?

ment, a surety bond or letter of credit for the

amount equal to the opportunity scholarship funds

for any quarter may be filed with the department.

(b) Notify the Department of Education and the

school district in whose service area the school is

located of its intent to participate in the program

under this section by May 1 of the school year

preceding the school year in which it intends to

participate. The notice shall specify the grade levels

and services that the private school has available

for the Opportunity Scholarship Program.

sions of 42 U.S.C. s. 2000d.

(d) Meet state and local health and safety laws

and codes.

(e) Accept scholarship students on an entirely

random and religious-neutral basis without regard

to the student’s past academic history; however, the

private school may give preference in accepting

applications to siblings of students who have

already been accepted on a random and religious-

neutral basis.

(f) Be subject to the instruction, curriculum,

and attendance criteria adopted by an appropriate

nonpublic school accrediting body and be academi?

cally accountable to the parent for meeting the

educational needs of the student. The private

school must furnish a school profile which includes

student performance.

(g) Employ or contract with teachers who hold

a baccalaureate or higher degree, or have at least 3

years of teaching experience in public or private

schools, or have special skills, knowledge, or

expertise that qualifies them to provide instruction

in subjects taught.

(h) Comply with all state statutes relating to

private schools.

(i) Accept as full tuition and fees the amount

provided by the state for each student.

(j) Agree not to compel any student attending

the private school on an opportunity scholarship to

profess a specific ideological belief, to pray, or to

worship.

(k) Adhere to the tenets of its published

disciplinary procedures prior to the expulsion of any

opportunity scholarship student.

(5) OBLIGATION OF PROGRAM PARTICIPA?

TION.—

(a) Any student participating in the Opportunity

Scholarship Program must remain in attendance

throughout the school year, unless excused by the

school for illness or other good cause, and must

comply fully with the school’s code of conduct.

(b) The parent of each student participating in

the Opportunity Scholarship Program must comply

fully with the private school’s parental involvement

requirements, unless excused by the school for

illness or other good cause.

participating in the Opportunity Scholarship

Program takes all statewide assessments required

pursuant to s. 1008.22.

(d) A participant who fails to comply with this

subsection shall forfeit the opportunity scholarship.

(6) OPPORTUNITY SCHOLARSHIP FUND?

ING AND PAYMENT.—

(a) The maximum opportunity scholarship

granted for an eligible student shall be a calculated

amount equivalent to the base student allocation in

the Florida Education Finance Program multiplied

by the appropriate cost factor for the educational

program that would have been provided for the

student in the district school to which he or she was

assigned, multiplied by the district cost differential.

In addition, the calculated amount shall include the

per-student share of instructional materials funds,

technology funds, and other categorical funds as

provided for this purpose in the General Appropria?

tions Act.

(b) The amount of the opportunity scholarship

shall be the calculated amount or the amount of the

private school’s tuition and fees, whichever is less.

Fees eligible shall include textbook fees, lab fees,

and other fees related to instruction, including

transportation.

who are attending a private school under this

program. The students attending private schools on

opportunity scholarships shall be reported sepa?

rately from those students reported for purposes of

the Florida Education Finance Program.

(d) The public or private school that provides

services to students with disabilities shall receive

the weighted funding for such services at the

appropriate funding level consistent with the

provisions of s. 1011.62(1)(e).

(e) For purposes of calculating the opportunity

scholarship, a student will be eligible for the amount

of the appropriate basic cost factor if:

1. The student currently participates in a

Group I program funded at the basic cost factor and

is not subsequently identified as having a disability; or

2. The student currently participates in a

Group II program and the parent has chosen a

private school that does not provide the additional

services funded by the Group II program.

(f) Following annual notification on July 1 of

the number of participants, the Department of

Education shall transfer from each school district’s

appropriated funds the calculated amount from the

Florida Education Finance Program and authorized

categorical accounts to a separate account for the

Opportunity Scholarship Program for quarterly

disbursement to the parents of participating

students.

(g) Upon proper documentation reviewed and

approved by the Department of Education, the

Comptroller shall make opportunity scholarship

payments in four equal amounts no later than

September 1, November 1, February 1, and April 1

of each academic year in which the opportunity

scholarship is in force. The initial payment shall be

made after Department of Education verification of

admission acceptance, and subsequent payments

shall be made upon verification of continued

enrollment and attendance at the private school.

Payment must be by individual warrant made

payable to the student’s parent and mailed by the

Department of Education to the private school of

the parent’s choice, and the parent shall restric?

tively endorse the warrant to the private school.

(7) LIABILITY.—No liability shall arise on the

part of the state based on any grant or use of an

opportunity scholarship.

(8) RULES.—The State Board of Education

may adopt rules pursuant to ss. 120.536(1) and

120.54 to implement the provisions of this section.

Rules shall include penalties for noncompliance

with subsections (3) and (5). However, the inclusion

of eligible private schools within options available to

Florida public school students does not expand the

regulatory authority of the state, its officers, or any

school district to impose any additional regulation of

private schools beyond those reasonably necessary

to enforce requirements expressly set forth in this

section.

History.—s. 103, ch. 2002-387.

1002.39 The John M. McKay Scholarships for

Students with Disabilities Program.—

There is

established a program that is separate and distinct

from the Opportunity Scholarship Program and is

named the John M. McKay Scholarships for

Students with Disabilities Program, pursuant to this

section.

(1) THE JOHN M. MCKAY SCHOLARSHIPS

FOR STUDENTS WITH DISABILITIES PRO-

GRAM.—The John M. McKay Scholarships for

Students with Disabilities Program is established to

provide the option to attend a public school other

than the one to which assigned, or to provide a

scholarship to a private school of choice, for

students with disabilities for whom an individual

education plan has been written in accordance with

rules of the State Board of Education. Students with

disabilities include K-12 students who are mentally

handicapped, speech and language impaired, deaf

or hard of hearing, visually impaired, dual sensory

impaired, physically impaired, emotionally handi?

capped, specific learning disabled, hospitalized or

homebound, or autistic.

(2) SCHOLARSHIP ELIGIBILITY.—The parent

of a public school student with a disability who is

dissatisfied with the student’s progress may request

and receive from the state a John M. McKay

Scholarship for the child to enroll in and attend a

private school in accordance with this section if:

(a) By assigned school attendance area or by

special assignment, the student has spent the prior

school year in attendance at a Florida public

school. Prior school year in attendance means that

the student was enrolled and reported by a school

district for funding during the preceding October

and February Florida Education Finance Program

surveys in kindergarten through grade 12.

(b) The parent has obtained acceptance for

admission of the student to a private school that is

eligible for the program under subsection (4) and

has notified the school district of the request for a

scholarship at least 60 days prior to the date of the

first scholarship payment. The parental notification

must be through a communication directly to the

district or through the Department of Education to

the district in a manner that creates a written or

electronic record of the notification and the date of

receipt of the notification.

This section does not apply to a student who is

enrolled in a school operating for the purpose of

providing educational services to youth in Depart?

ment of Juvenile Justice commitment programs. For

purposes of continuity of educational choice, the

scholarship shall remain in force until the student

returns to a public school or graduates from high

school. However, at any time, the student’s parent

may remove the student from the private school

and place the student in another private school that

is eligible for the program under subsection (4) or in

a public school as provided in subsection (3).

(3) SCHOOL DISTRICT AND DEPARTMENT

OF EDUCATION OBLIGATIONS.—

(a) A school district shall timely notify the

parent of the student of all options available

pursuant to this section and offer that student’s

parent an opportunity to enroll the student in

another public school within the district. The parent

is not required to accept this offer in lieu of request?

ing a John M. McKay Scholarship to a private

school. However, if the parent chooses the public

school option, the student may continue attending a

public school chosen by the parent until the student

graduates from high school. If the parent chooses a

public school consistent with the district school

board’s choice plan under s. 1002.31, the school

district shall provide transportation to the public

school selected by the parent. The parent is

responsible to provide transportation to a public

school chosen that is not consistent with the district

school board’s choice plan under s. 1002.31.

(b) For a student with disabilities who does not

have a matrix of services under s. 1011.62(1)(e),

the school district must complete a matrix that

assigns the student to one of the levels of service

as they existed prior to the 2000-2001 school year.

The school district must complete the matrix of

services for any student who is participating in the

John M. McKay Scholarships for Students with

Disabilities Program and must notify the Depart?

ment of Education of the student’s matrix level

within 30 days after receiving notification by the

student’s parent of intent to participate in the

scholarship program. The Department of Education

shall notify the private school of the amount of the

scholarship within 10 days after receiving the

school district’s notification of the student’s matrix

level. Within 10 school days after it receives

notification of a parent’s intent to apply for a McKay

Scholarship, a district school board must notify the

student’s parent if the matrix has not been com?

pleted and provide the parent with the date for

completion of the matrix required in this paragraph.

option and the student is accepted by the private

school pending the availability of a space for the

student, the parent of the student must notify the

school district 60 days prior to the first scholarship

payment and before entering the private school in

order to be eligible for the scholarship when a

space becomes available for the student in the

private school.

(d) The parent of a student may choose, as an

alternative, to enroll the student in and transport the

student to a public school in an adjacent school

district which has available space and has a

program with the services agreed to in the student’s

individual education plan already in place, and that

school district shall accept the student and report

the student for purposes of the district’s funding

pursuant to the Florida Education Finance Program.

(e) For a student in the district who partici?

pates in the John M. McKay Scholarships for

Students with Disabilities Program whose parent

requests that the student take the statewide

assessments under s. 1008.22, the district shall

provide locations and times to take all statewide

assessments.

(f) A school district must notify the Department

of Education within 10 days after it receives

notification of a parent’s intent to apply for a

scholarship for a student with a disability. A school

district must provide the student’s parent with the

student’s matrix level within 10 school days after its

completion.

(4) PRIVATE SCHOOL ELIGIBILITY.—To be

eligible to participate in the John M. McKay Scholar?

ships for Students with Disabilities Program, a

private school must be a Florida private school,

may be sectarian or nonsectarian, and must:

(a) Demonstrate fiscal soundness by being in

operation for 1 school year or provide the Depart?

ment of Education with a statement by a certified

public accountant confirming that the private school

desiring to participate is insured and the owner or

owners have sufficient capital or credit to operate

the school for the upcoming year serving the

number of students anticipated with expected

revenues from tuition and other sources that may

be reasonably expected. In lieu of such a state?

ment, a surety bond or letter of credit for the

amount equal to the scholarship funds for any

quarter may be filed with the department.

(b) Notify the Department of Education of its

intent to participate in the program under this

section. The notice must specify the grade levels

and services that the private school has available

for students with disabilities who are participating in

the scholarship program.

sions of 42 U.S.C. s. 2000d.

(d) Meet state and local health and safety laws

and codes.

(e) Be academically accountable to the parent

for meeting the educational needs of the student.

(f) Employ or contract with teachers who hold

baccalaureate or higher degrees, or have at least 3

years of teaching experience in public or private

schools, or have special skills, knowledge, or

expertise that qualifies them to provide instruction

in subjects taught.

(g) Comply with all state laws relating to

general regulation of private schools.

(h) Adhere to the tenets of its published

disciplinary procedures prior to the expulsion of a

scholarship student.

(5) OBLIGATION OF PROGRAM PARTICI?

PANTS.—

(a) A parent who applies for a John M. McKay

Scholarship is exercising his or her parental option

to place his or her child in a private school. The

parent must select the private school and apply for

the admission of his or her child.

(b) The parent must have requested the

scholarship at least 60 days prior to the date of the

first scholarship payment.

program must remain in attendance throughout the

school year, unless excused by the school for

illness or other good cause, and must comply fully

with the school’s code of conduct.

(d) The parent of each student participating in

the scholarship program must comply fully with the

private school’s parental involvement requirements,

unless excused by the school for illness or other

good cause.

(e) If the parent requests that the student

participating in the scholarship program take all

statewide assessments required pursuant to s.

1008.22, the parent is responsible for transporting

the student to the assessment site designated by

the school district.

(f) Upon receipt of a scholarship warrant, the

parent to whom the warrant is made must restric?

tively endorse the warrant to the private school for

deposit into the account of the private school.

(g) A participant who fails to comply with this

subsection forfeits the scholarship.

(6) SCHOLARSHIP FUNDING AND PAY?

MENT.—

(a)1. The maximum scholarship granted for an

eligible student with disabilities shall be a calcu?

lated amount equivalent to the base student

allocation in the Florida Education Finance Program

multiplied by the appropriate cost factor for the

educational program that would have been provided

for the student in the district school to which he or

she was assigned, multiplied by the district cost

differential.

2. In addition, a share of the guaranteed

allocation for exceptional students shall be deter?

mined and added to the calculated amount. The

calculation shall be based on the methodology and

the data used to calculate the guaranteed allocation

for exceptional students for each district in chapter

2000-166, Laws of Florida. Except as provided in

subparagraph 3., the calculation shall be based on

the student’s grade, matrix level of services, and

the difference between the 2000-2001 basic

program and the appropriate level of services cost

factor, multiplied by the 2000-2001 base student

allocation and the 2000-2001 district cost differen?

tial for the sending district. Also, the calculated

amount shall include the per-student share of

supplemental academic instruction funds, instruc?

tional materials funds, technology funds, and other

categorical funds as provided for such purposes in

the General Appropriations Act.

3. Until the school district completes the matrix

required by paragraph (3)(b), the calculation shall

be based on the matrix that assigns the student to

support level I of service as it existed prior to the

2000-2001 school year. When the school district

completes the matrix, the amount of the payment

shall be adjusted as needed.

(b) The amount of the John M. McKay Scholar?

ship shall be the calculated amount or the amount

of the private school’s tuition and fees, whichever is

less. The amount of any assessment fee required

by the participating private school may be paid from

the total amount of the scholarship.

partial payment of tuition prior to the start of the

academic year to reserve space for students

admitted to the school, that partial payment may be

paid by the Department of Education prior to the

first quarterly payment of the year in which the John

M. McKay Scholarship is awarded, up to a maxi?

mum of $1,000, and deducted from subsequent

scholarship payments. If a student decides not to

attend the participating private school, the partial

reservation payment must be returned to the

Department of Education by the participating

private school. There is a limit of one reservation

payment per student per year.

(d) The school district shall report all students

who are attending a private school under this

program. The students with disabilities attending

private schools on John M. McKay Scholarships

shall be reported separately from other students

reported for purposes of the Florida Education

Finance Program.

(e) Following notification on July 1, September

1, December 1, or February 1 of the number of

program participants, the Department of Education

shall transfer, from General Revenue funds only, the

amount calculated under paragraph (b) from the

school district’s total funding entitlement under the

Florida Education Finance Program and from

authorized categorical accounts to a separate

account for the scholarship program for quarterly

disbursement to the parents of participating

students. When a student enters the scholarship

program, the Department of Education must receive

all documentation required for the student’s

participation, including the private school’s and

student’s fee schedules, at least 30 days before the

first quarterly scholarship payment is made for the

student. The Department of Education may not

make any retroactive payments.

(f) Upon proper documentation reviewed and

approved by the Department of Education, the

Comptroller shall make scholarship payments in

four equal amounts no later than September 1,

November 1, February 1, and April 15 of each

academic year in which the scholarship is in force.

The initial payment shall be made after Department

of Education verification of admission acceptance,

and subsequent payments shall be made upon

verification of continued enrollment and attendance

at the private school. Payment must be by individual

warrant made payable to the student’s parent and

mailed by the Department of Education to the

private school of the parent’s choice, and the parent

shall restrictively endorse the warrant to the private

school for deposit into the account of the private

school.

(7) LIABILITY.—No liability shall arise on the

part of the state based on the award or use of a

John M. McKay Scholarship.

(8) RULES.—The State Board of Education

may adopt rules pursuant to ss. 120.536(1) and

120.54 to administer this section. However, the

inclusion of eligible private schools within options

available to Florida public school students does not

expand the regulatory authority of the state, its

officers, or any school district to impose any

additional regulation of private schools beyond

those reasonably necessary to enforce require?

ments expressly set forth in this section.

History.—s. 104, ch. 2002-387.

1002.42 Private schools.—

(1) DEFINITION.—A “private school” is

defined in s. 1002.01.

(2) ANNUAL PRIVATE SCHOOL SURVEY.—

(a) The Department of Education shall

organize, maintain, and annually update a database

of educational institutions within the state coming

within the provisions of this section. There shall be

included in the database of each institution the

name, address, and telephone number of the

institution; the type of institution; the names of

administrative officers; the enrollment by grade or

special group (e.g., career and technical education

and exceptional child education); the number of

graduates; the number of instructional and adminis?

trative personnel; the number of days the school is

in session; and such data as may be needed to

meet the provisions of this section and s.

1003.23(2).

(b) For the purpose of organizing, maintaining,

and updating this database, each private school

shall annually execute and file a database survey

form on a date designated by the Department of

Education which shall include a notarized state?

ment ascertaining that the owner of the private

school has complied with the provisions of para?

graph (c). For the purpose of this section, “owner”

means any individual who is the chief administrative

officer of a private school.

paragraph (h), each person who is an owner or who

establishes, purchases, or otherwise becomes an

owner of a private school shall, within 5 days of

assuming ownership of a school, file with the

Department of Law Enforcement a complete set of

fingerprints for state processing and checking for

criminal background. The fingerprints shall be taken

by an authorized law enforcement officer or an

employee of the school who is trained to take

fingerprints. The costs of fingerprinting, criminal

records checking, and processing shall be borne by

the applicant or private school. The result of the

criminal records checking by the Department of

Law Enforcement shall be forwarded to the owner

of the private school and shall be made available

for public inspection in the private school office as

soon as it is received.

2. It shall be unlawful for a person who has

been convicted of a crime involving moral turpitude

to own or operate a private school.

3. An owner of a private school may require

school employees to file a complete set of finger?

prints with the Department of Law Enforcement for

processing and criminal records checking. Findings

from such processing and checking shall be

reported to the owner for use in employment

decisions.

4. Owners or employees of private schools

who have been fingerprinted pursuant to this

paragraph, s. 1012.32, or s. 402.3055 shall not be

required to be refingerprinted if they have not been

unemployed or unassociated with a private school

or child care facility for more than 90 days.

5. Persons holding a valid Florida teaching

certificate who have been fingerprinted pursuant to

s. 1012.35 shall not be required to comply with the

provisions of this paragraph.

(d) The data inquiries to be included and

answered in the survey required in paragraph (b)

shall be limited to matters set forth in paragraph (a).

The department shall furnish annually to each

school sufficient copies of this form.

(e) To ensure completeness and accuracy of

the database, each existing private educational

institution falling within the provisions of this section

shall notify the Department of Education of any

change in the name of the institution, the address,

or the chief administrative officer. Each new

institution shall notify the department of its estab?

lishment.

(f) Annually, the department shall make

accessible to the public data on private education in

this state. Such data shall include that collected

pursuant to paragraph (a) and from other sources.

(g) The failure of any institution to submit the

annual database survey form and notarized

statement of compliance with the provisions of

paragraph (c), as required by this section, shall be

judged a misdemeanor and, upon conviction,

proper authorities of such institution shall be

subject to a fine not exceeding $500. Submission of

data for a nonexistent school or an institution

providing no instruction or training, the purpose of

which is to defraud the public, is unlawful and the

person or persons responsible commit a misde?

meanor of the second degree, punishable as

provided in s. 775.082 or s. 775.083. Persons found

to be in violation of subparagraph (c)2. commit a

misdemeanor of the first degree, punishable as

provided in s. 775.082 or s. 775.083.

(h) It is the intent of the Legislature not to

regulate, control, approve, or accredit private

educational institutions, but to create a database

where current information may be obtained relative

to the educational institutions in this state coming

within the provisions of this section as a service to

the public, to governmental agencies, and to other

interested parties. It is not the intent of the Legisla?

ture to regulate, control, or monitor, expressly or

implicitly, churches, their ministries, or religious

instruction, freedoms, or rites. It is the intent of the

Legislature that the annual submission of the

database survey by a school shall not be used by

that school to imply approval or accreditation by the

Department of Education.

(3) RETENTION OF RECORDS.—

(a) As used in this subsection:

1. “Defunct private school” means any private

school that has terminated the operation of an

education or training program, or that has no

students in attendance, or that has dissolved as a

business entity.

2. “Student records” means those records,

files, documents, and other materials that contain

information directly related to students that are

maintained by a private school or by a person

acting for such institution and that are accessible to

other professional personnel to facilitate the

instruction, guidance, and educational progress of

students. Information contained in student records

shall be classified as follows:

a. Permanent information, which includes

verified information of clear educational importance,

containing the following: student’s full name and

any known changes thereto due to marriage or

adoption; authenticated birthdate, place of birth,

race, and sex; last known address of student;

names of student’s parents; name and location of

last school attended; number of days present and

absent; date enrolled; date withdrawn; courses

taken and record of achievement; and date of

graduation or program achievement.

b. Temporary information, which includes

verified information subject to change, containing,

but not limited to, the following: health information,

standardized test scores, honors and activities,

personal attributes, work experience, teacher and

counselor comments, and special reports.

(b) All private schools that become defunct

shall transfer all permanent information contained in

student records to the district school superintendent

of the public school district in which the private

school was located; or, if the private school is a

member of a private school system or association,

such school may transfer such records to the

principal office of such system or association, which

shall constitute full compliance with this subsection.

In the event that such private school system or

association becomes defunct, it shall transfer all the

permanent information contained in its files to the

district school superintendent of the public school

district in which the private school was located.

shall notify the Department of Education Office of

Private Schools and Home Education Programs of

the date of transfer of student records, the location

of storage, the custodian of such records, and the

number of records to be stored. The department

shall act as a clearinghouse and maintain a registry

of such transfers of student records.

(d) It is not the intent of the Legislature to limit

or restrict the use or possession of any student

records while a school is operational, but to

facilitate access to academic records by former

students seeking to continue their education or

training after a private school has become defunct.

(4) ATTENDANCE RECORDS AND RE-

PORTS.—All officials, teachers, and other employ?

ees in parochial, religious, denominational, and

private schools shall keep and prepare records in

accordance with the provisions of s. 1003.23(2).

(5) SCHOOL-ENTRY HEALTH EXAMINA-

TIONS.—The governing authority of each private

school shall require students to present a certifica?

tion of a school-entry health examination in accor?

dance with the provisions of s. 1003.22(1) and (2).

(6) IMMUNIZATIONS.—The governing

authority of each private school shall require

students to present a certification of immunization

in accordance with the provisions of s. 1003.22(3)-

(11).

(7) ATTENDANCE REQUIREMENTS.—

Attendance of a student at a private, parochial,

religious, or denominational school satisfies the

attendance requirements of ss. 1003.01(14) and

1003.21(1).

(8) ATHLETIC COMPETITION.—A private

school may participate in athletic competition with a

public high school in accordance with the provisions

of s. 1006.20(1).

(9) RECEIPT OF EDUCATIONAL MATERI-

ALS.—The Department of Education may dissemi?

nate educational materials and sell copies for

educational use to private schools pursuant to s.

1006.39.

(10) INSTRUCTIONAL MATERIALS.—District

school boards may dispose of instructional materi?

als when they become unserviceable or surplus or

are no longer on state contract by giving them to a

private school in accordance with the provisions of

s. 1006.41.

(11) DIAGNOSTIC AND RESOURCE CEN-

TERS.—Diagnostic and resource centers may

provide testing and evaluation services to private

school students in accordance with the provisions

of s. 1006.03(3).

(12) EXCEPTIONAL EDUCATION SER-

VICES.—District school boards may provide

instruction for an appropriate program of special

instruction, facilities, and services for exceptional

students through contractual arrangements with

approved private schools in accordance with the

provisions of s. 1003.57.

(13) PROFESSIONAL DEVELOPMENT

SYSTEM.—An organization of private schools that

has no fewer than 10 member schools in this state

may develop a professional development system to

be filed with the Department of Education in

accordance with the provisions of s. 1012.98(7).

(14) BUS DRIVER TRAINING.—Private school

bus drivers may participate in a district school

board’s bus driver training program, if the district

school board makes the program available pursuant

to s. 1006.26.

(15) POOL PURCHASE OF SCHOOL

BUSES.—

(a) Florida private schools that demonstrate a

racially nondiscriminatory student admission policy

may purchase school buses from the state pool

purchase program as authorized in s. 1006.27(1), if

the private school meets the following conditions:

1. Students in one or more grades, kindergar?

ten through grade 12, are provided an education

program by the school and the school has submit?

ted the information required pursuant to this section

and the most recent school survey required in

subsection (2).

2. All conditions of the contracts for purchasing

school buses between the Department of Education

and the companies involved, including bus specifi?

cations, ordering deadlines, delivery period and

procedures, and payment requirements, shall be

met.

3. Purchase orders shall be made out to the

appropriate company or companies involved and

shall be accompanied by a certified check in the

amount of 25 percent of the total cost of the bus or

buses as a good faith deposit that the bus or buses

will be purchased.

4. The remainder of the total cost shall be paid

upon delivery of the bus or buses to the representa?

tive of the private school receiving the bus or buses,

or shall be paid when the company informs the

purchaser that the buses are ready for delivery if

the purchaser has specified that buses are to be

picked up at the company’s location. If the chassis

and the body are purchased from different compa?

nies, the remainder of the chassis’ total cost shall

be payable upon delivery of the chassis to the body

manufacturer.

5. If the private school does not meet the

obligation stated in subparagraph 4. within 30

calendar days after notice that the bus is ready for

delivery or that the chassis has been delivered to

the body manufacturer, the selling company may

retain 15 percent of the amount being held by the

company as a good faith deposit, and all obligations

to the private school may be canceled. When the 15

percent is retained, the company shall return 10

percent of the good faith deposit to the nonpublic

school within 15 days of cancellation of the compa?

nies’ objection.

(b) Any bus purchased under this section may

not be sold, if still titled as a motor vehicle, within 5

calendar years of the date of the initial Florida title

being issued, unless the following conditions are

met:

1. The bus or buses may be sold only to a

Florida public school district or Florida private

school. Any such sale during the first 5 years shall

be documented to the Department of Education

within 15 days after the sale.

2. The bus or buses shall be advertised by the

private school in one major newspaper located in

each of the five regions of the state for 3 consecu?

tive days and a copy of the advertisement and the

name of each newspaper shall be sent to the

Department of Education before the first day of

advertising the bus or buses for sale.

3. The bus may not be sold at a profit. The bus

shall be depreciated at a rate of 10 percent per

calendar year, with the first year starting on the

date of issue of the initial title in this state.

4. Notwithstanding any other provisions of law

and rule regarding purchase of used school buses,

the bus may be sold to a public school district if the

conditions of subparagraph 3. are met.

5. Any public school district or private school

purchasing a bus under the conditions of this

subsection must accept the obligations of this

subsection, and such shall be entered in the sales

contract.

corporation purchasing a bus or buses under the

conditions of this section, that does not comply with

all the conditions of this section shall not be eligible

for future purchases of a school bus under this

section.

(d) Any private school interested in purchasing

a bus under this section shall notify, in writing, the

Department of Education. The Department of

Education shall send the school the appropriate

forms, instructions, and price quotations.

(e) Notwithstanding any other provisions of

this section, no school bus manufacturer, distribu?

tor, or dealer shall be required to violate any dealer

contract or franchise agreement entered into before

the effective date of this section regarding the sale

of its buses.

(f) The State Board of Education may adopt

rules pursuant to ss. 120.536 and 120.54 neces?

sary to implement this section, maintain the

integrity of the school bus pool purchase program,

and ensure the best and lowest price for purchasing

school buses by the public school districts.

History.—s. 107, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1003?

Public K-12 Education?

1003.01 Definitions.—

As used in this chapter, the

term:

(1) “District school board” means the members

who are elected by the voters of a school district

created and existing pursuant to s. 4, Art. IX of the

State Constitution to operate and control public K?

12 education within the school district.

(2) “School” means an organization of stu?

dents for instructional purposes on an elementary,

middle or junior high school, secondary or high

school, or other public school level authorized

under rules of the State Board of Education.

(3)(a) “Exceptional student” means any

student who has been determined eligible for a

special program in accordance with rules of the

State Board of Education. The term includes

students who are gifted and students with disabili?

ties who are mentally handicapped, speech and

language impaired, deaf or hard of hearing, visually

impaired, dual sensory impaired, physically

impaired, emotionally handicapped, specific

learning disabled, hospital and homebound,

autistic, developmentally delayed children, ages

birth through 5 years, or children, ages birth

through 2 years, with established conditions that

are identified in State Board of Education rules

pursuant to s. 1003.21(1)(e).

(b) “Special education services” means

specially designed instruction and such related

services as are necessary for an exceptional

student to benefit from education. Such services

may include: transportation; diagnostic and evalua?

tion services; social services; physical and occupa?

tional therapy; job placement; orientation and

mobility training; braillists, typists, and readers for

the blind; interpreters and auditory amplification;

rehabilitation counseling; transition services; mental

health services; guidance and career counseling;

specified materials, assistive technology devices,

and other specialized equipment; and other such

services as approved by rules of the state board.

(4) “Career and technical education” means

education that provides instruction for the following

purposes:

(a) At the elementary, middle, and secondary

school levels, exploratory courses designed to give

students initial exposure to a broad range of

occupations to assist them in preparing their

academic and occupational plans, and practical

arts courses that provide generic skills that may

apply to many occupations but are not designed to

prepare students for entry into a specific occupa?

tion. Career and technical education provided

before high school completion must be designed to

enhance both occupational and academic skills

through integration with academic instruction.

(b) At the secondary school level, job-prepara-

tory instruction in the competencies that prepare

students for effective entry into an occupation,

including diversified cooperative education, work

experience, and job-entry programs that coordinate

directed study and on-the-job training.

courses of study that provide competencies needed

for entry into specific occupations or for advance?

ment within an occupation.

(5)(a) “Suspension,” also referred to as out-of-

school suspension, means the temporary removal

of a student from all classes of instruction on public

school grounds and all other school-sponsored

activities, except as authorized by the principal or

the principal’s designee, for a period not to exceed

10 school days and remanding of the student to the

custody of the student’s parent with specific

homework assignments for the student to complete.

(b) “In-school suspension” means the tempo?

rary removal of a student from the student’s regular

school program and placement in an alternative

program, such as that provided in s. 1003.53, under

the supervision of district school board personnel,

for a period not to exceed 10 school days.

(6) “Expulsion” means the removal of the right

and obligation of a student to attend a public school

under conditions set by the district school board,

and for a period of time not to exceed the remain?

der of the term or school year and 1 additional year

of attendance. Expulsions may be imposed with or

without continuing educational services and shall

be reported accordingly.

(7) “Corporal punishment” means the moder?

ate use of physical force or physical contact by a

teacher or principal as may be necessary to

maintain discipline or to enforce school rule.

However, the term “corporal punishment” does not

include the use of such reasonable force by a

teacher or principal as may be necessary for self-

protection or to protect other students from disrup?

tive students.

(8) “Habitual truant” means a student who has

15 unexcused absences within 90 calendar days

with or without the knowledge or consent of the

student’s parent, is subject to compulsory school

attendance under s. 1003.21(1) and (2)(a), and is

not exempt under s. 1003.21(3) or s. 1003.24, or by

meeting the criteria for any other exemption

specified by law or rules of the State Board of

Education. Such a student must have been the

subject of the activities specified in ss. 1003.26 and

1003.27(3), without resultant successful remedia?

tion of the truancy problem before being dealt with

as a child in need of services according to the

provisions of chapter 984.

(9) “Dropout” means a student who meets any

one or more of the following criteria:

(a) The student has voluntarily removed

himself or herself from the school system before

graduation for reasons that include, but are not

limited to, marriage, or the student has withdrawn

from school because he or she has failed the

statewide student assessment test and thereby

does not receive any of the certificates of comple?

tion;

(b) The student has not met the relevant

attendance requirements of the school district

pursuant to State Board of Education rules, or the

student was expected to attend a school but did not

enter as expected for unknown reasons, or the

student’s whereabouts are unknown;

has not transferred to another public or private

school or enrolled in any career and technical,

adult, home education, or alternative educational

program;

(d) The student has withdrawn from school

due to hardship, unless such withdrawal has been

granted under the provisions of s. 322.091, court

action, expulsion, medical reasons, or pregnancy;

(e) The student is not eligible to attend school

because of reaching the maximum age for an

exceptional student program in accordance with the

district’s policy.

The State Board of Education may adopt rules

to implement the provisions of this subsection.

(10) “Alternative measures for students with

special needs” or “special programs” means

measures designed to meet the special needs of a

student that cannot be met by regular school

curricula.

(11)(a) “Juvenile justice education programs or

schools” means programs or schools operating for

the purpose of providing educational services to

youth in Department of Juvenile Justice programs,

for a school year comprised of 250 days of instruc?

tion distributed over 12 months. At the request of

the provider, a district school board may decrease

the minimum number of days of instruction by up to

10 days for teacher planning for residential pro?

grams and up to 20 days for teacher planning for

nonresidential programs, subject to the approval of

the Department of Juvenile Justice and the Depart?

ment of Education.

(b) “Juvenile justice provider” means the

Department of Juvenile Justice or a private, public,

or other governmental organization under contract

with the Department of Juvenile Justice that

provides treatment, care and custody, or educa?

tional programs for youth in juvenile justice inter?

vention, detention, or commitment programs.

(12) “Homeless child” means:

(a) One who lacks a fixed, regular nighttime

residence;

(b) One who has a primary nighttime resi?

dence that is:

1. A supervised publicly or privately operated

shelter designed to provide temporary living

accommodations, including welfare hotels, congre?

gate shelters, and transitional housing for the

mentally ill;

2. An institution that provides a temporary

residence for individuals intended to be institution?

alized; or

3. A public or private place not designed for, or

ordinarily used as, a regular sleeping accommoda?

tion for human beings; or

other than his or her parent because the parent is

suffering financial hardship.

A child who is imprisoned, detained, or in the

custody of the state pursuant to a state or federal

law is not a homeless child.

(13) “Regular school attendance” means the

actual attendance of a student during the school

day as defined by law and rules of the State Board

of Education. Regular attendance within the intent

of s. 1003.21 may be achieved by attendance in:

(a) A public school supported by public funds;

(b) A parochial, religious, or denominational

school;

part by tuition charges or by endowments or gifts;

(d) A home education program that meets the

requirements of chapter 1002; or

(e) A private tutoring program that meets the

requirements of chapter 1002.

History.—s. 111, ch. 2002-387.

1003.02 District school board operation and

responsibilities include staff development, public K-

control of public K-12 education within the

12 school student education including education for

school district.—

As provided in part II of chapter

exceptional students and students in juvenile justice

1001, district school boards are constitutionally and

programs, special programs, adult education

statutorily charged with the operation and control of

programs, and career and technical education

public K-12 education within their school district.

programs. Additionally, district school boards must:

The district school boards must establish, organize,

(1) Provide for the proper accounting for

and operate their public K-12 schools and educa-

all students of school age, for the attendance and

tional programs, employees, and facilities. Their

control of students at school, and for proper

attention to health, safety, and other matters

relating to the welfare of students in the following

fields:

(a) Admission, classification, promotion, and

graduation of students.—Adopt rules for admitting,

classifying, promoting, and graduating students to

or from the various schools of the district.

(b) Enforcement of attendance laws.—Provide

for the enforcement of all laws and rules relating to

the attendance of students at school.

1. Adopt rules for the control, attendance,

discipline, in-school suspension, suspension, and

expulsion of students and decide all cases recom?

mended for expulsion.

2. Maintain a code of student conduct as

provided in chapter 1006.

(d) Courses of study and instructional materials.—

1. Provide adequate instructional materials for

all students as follows and in accordance with the

requirements of chapter 1006, in the core courses

of mathematics, language arts, social studies,

science, reading, and literature, except for instruc?

tion for which the school advisory council approves

the use of a program that does not include a

textbook as a major tool of instruction.

2. Adopt courses of study for use in the

schools of the district.

3. Provide for proper requisitioning, distribu?

tion, accounting, storage, care, and use of all

instructional materials as may be needed, and

ensure 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 school district performance standards

required by law and state board rule.

(e) Transportation.—Make provision for the

transportation of students to the public schools or

school activities they are required or expected to

attend, efficiently and economically, in accordance

with the requirements of chapter 1006.

(f) Facilities and school plant.—

1. Approve and adopt a districtwide school

facilities program, in accordance with the require?

ments of chapter 1013.

2. Approve plans for locating, planning,

constructing, sanitating, insuring, maintaining,

protecting, and condemning school property as

prescribed in chapter 1013.

3. Approve and adopt a districtwide school

building program.

4. Select and purchase school sites, play?

grounds, and recreational areas located at centers

at which schools are to be constructed, of adequate

size to meet the needs of projected students to be

accommodated.

5. Approve the proposed purchase of any site,

playground, or recreational area for which school

district funds are to be used.

6. Expand existing sites.

7. Rent buildings when necessary.

8. Enter into leases or lease-purchase

arrangements, in accordance with the requirements

and conditions provided in s. 1013.15(2).

9. Provide for the proper supervision of

construction.

10. Make or contract for additions, alterations,

and repairs on buildings and other school properties.

11. Ensure that all plans and specifications for

buildings provide adequately for the safety and well?

being of students, as well as for economy of

construction.

12. Provide adequately for the proper mainte?

nance and upkeep of school plants.

13. 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 district school board or title to which

is vested in the district school board, except as

exceptions may be authorized under rules of the

State Board of Education.

14. Condemn and prohibit the use for public

school purposes of any building under the control of

the district school board.

(g) School operation.—

1. Provide for the operation of all public

schools as free schools for a term of at least 180

days or the equivalent on an hourly basis as

specified by rules of the State Board of Education;

determine district school funds necessary in

addition to state funds to operate all schools for the

minimum term; and arrange for the levying of

district school taxes necessary to provide the

amount needed from district sources.

2. Prepare, adopt, and timely submit to the

Department of Education, as required by law and

by rules of the State Board of Education, the annual

school budget, so as to promote the improvement

of the district school system.

(h) Records and reports.—

1. Keep all necessary records and make all

needed and required reports, as required by law or

by rules of the State Board of Education.

2. At regular intervals require reports to be

made by principals or teachers in all public schools

to the parents of the students enrolled and in

attendance at their schools, apprising them of the

academic and other progress being made by the

student and giving other useful information.

(2) Require that all laws, all rules of the State

Board of Education, and all rules of the district

school board are properly enforced.

(3) Maintain a system of school improvement

and education accountability as required by law and

State Board of Education rule, including but not

limited to the requirements of chapter 1008.

(4) For any school within the district that is not

in compliance with the small school size require?

ments of chapter 1013, in order to reduce the

anonymity of students in large schools, adopt

policies that encourage subdivision of the school

into schools-within-a-school, which shall operate

within existing resources. A “school-within-a-school”

means an operational program that uses flexible

scheduling, team planning, and curricular and

instructional innovation to organize groups of

students with groups of teachers as smaller units,

so as to functionally operate as a smaller school.

Examples of this include, but are not limited to:

(a) An organizational arrangement assigning

both students and teachers to smaller units in

which the students take some or all of their

coursework with their fellow grouped students and

from the teachers assigned to the smaller unit. A

unit may be grouped together for 1 year or on a

vertical, multiyear basis.

(b) An organizational arrangement similar to

that described in paragraph (a) with additional

variations in instruction and curriculum. The smaller

unit usually seeks to maintain a program different

from that of the larger school, or of other smaller

units. It may be vertically organized, but is depen?

dent upon the school principal for its existence,

budget, and staff.

formally authorized by the district school board or

district school superintendent. The smaller unit

plans and runs its own program, has its own staff

and students, and receives its own separate

budget. The smaller unit must negotiate the use of

common space with the larger school and defer to

the building principal on matters of safety and

building operation.

History.—s. 112, ch. 2002-387.

1003.21 School attendance.—

(1)(a)1. All children who have attained the age

of 6 years or who will have attained the age of 6

years by February 1 of any school year or who are

older than 6 years of age but who have not attained

the age of 16 years, except as otherwise provided,

are required to attend school regularly during the

entire school term.

2. Children who will have attained the age of 5

years on or before September 1 of the school year

are eligible for admission to public kindergartens

during that school year under rules adopted by the

district school board.

(b) Any child who has attained the age of 6

years on or before September 1 of the school year

and who has been enrolled in a public school or

who has attained the age of 6 years on or before

September 1 and has satisfactorily completed the

requirements for kindergarten in a private school

from which the district school board accepts

transfer of academic credit, or who otherwise meets

the criteria for admission or transfer in a manner

similar to that applicable to other grades, shall

progress according to the district’s student progres?

sion plan. However, nothing in this section shall

authorize the state or any school district to oversee

or exercise control over the curricula or academic

programs of private schools or home education

programs.

during the school year is not subject to compulsory

school attendance beyond the date upon which he

or she attains that age if the student files a formal

declaration of intent to terminate school enrollment

with the district school board. The declaration must

acknowledge that terminating school enrollment is

likely to reduce the student’s earning potential and

must be signed by the student and the student’s

parent. The school district must notify the student’s

parent of receipt of the student’s declaration of

intent to terminate school enrollment.

(d) Students who become or have become

married and students who are pregnant shall not be

prohibited from attending school. These students

and students who are parents shall receive the

same educational instruction or its equivalent as

other students, but may voluntarily be assigned to a

class or program suited to their special needs.

Consistent with s. 1003.54, pregnant or parenting

teens may participate in a teenage parent program.

Pregnant students may attend alternative education

programs or adult education programs, provided

that the curriculum allows the student to continue to

work toward a high school diploma.

(e) Consistent with rules adopted by the State

Board of Education, children with disabilities who

have attained the age of 3 years shall be eligible for

admission to public special education programs and

for related services under rules adopted by the

district school board. Exceptional children who are

deaf or hard of hearing, visually impaired, dual

sensory impaired, severely physically handicapped,

trainable mentally handicapped, or profoundly

handicapped, or who have established conditions,

or exhibit developmental delays, below age 3 may

be eligible for special programs; or, if enrolled in

other school readiness programs, they may be

eligible for supplemental instruction. Rules for the

identification of established conditions for children

birth through 2 years of age and developmental

delays for children birth through 5 years of age

must be adopted by the State Board of Education.

(f) Homeless children, as defined in s.

1003.01, must have access to a free public educa?

tion and must be admitted to school in the school

district in which they or their families live. School

districts shall assist homeless children to meet the

requirements of subsection (4) and s. 1003.22, as

well as local requirements for documentation.

(2)(a) The State Board of Education may

adopt rules under which students not meeting the

entrance age may be transferred from another state

if their parents have been legal residents of that

state.

(b) Each district school board, in accordance

with rules of the State Board of Education, shall

adopt a policy that authorizes a parent to request

and be granted permission for absence of a student

from school for religious instruction or religious

holidays.

(3) The district school superintendent may

authorize certificates of exemptions from school

attendance requirements in certain situations.

Students within the compulsory attendance age

limits who hold valid certificates of exemption that

have been issued by the superintendent shall be

exempt from attending school. A certificate of

exemption shall cease to be valid at the end of the

school year in which it is issued.

(4) Before admitting a child to kindergarten,

the principal shall require evidence that the child

has attained the age at which he or she should be

admitted in accordance with the provisions of

subparagraph (1)(a)2. The district school superin?

tendent may require evidence of the age of any

child whom he or she believes to be within the limits

of compulsory attendance as provided for by law. If

the first prescribed evidence is not available, the

next evidence obtainable in the order set forth

below shall be accepted:

(a) A duly attested transcript of the child’s birth

record filed according to law with a public officer

charged with the duty of recording births;

(b) A duly attested transcript of a certificate of

baptism showing the date of birth and place of

baptism of the child, accompanied by an affidavit

sworn to by the parent;

has been in force for at least 2 years;

(d) A bona fide contemporary religious record

of the child’s birth accompanied by an affidavit

sworn to by the parent;

(e) A passport or certificate of arrival in the

United States showing the age of the child;

(f) A transcript of record of age shown in the

child’s school record of at least 4 years prior to

application, stating date of birth; or

(g) If none of these evidences can be pro?

duced, an affidavit of age sworn to by the parent,

accompanied by a certificate of age signed by a

public health officer or by a public school physician,

or, if neither of these is available in the county, by a

licensed practicing physician designated by the

district school board, which certificate states that

the health officer or physician has examined the

child and believes that the age as stated in the

affidavit is substantially correct. A homeless child,

as defined in s. 1003.01, shall be given temporary

exemption from this section for 30 school days.

History.—s. 116, ch. 2002-387.

1003.23 Attendance records and reports.—

(1) The attendance of all public K-12

school students shall be checked each school day

in the manner prescribed by rules of the State

Board of Education and recorded in the teacher’s

attendance. Students may be counted in atten?

dance only if they are actually present at school or

are away from school on a school day and are

engaged in an educational activity which consti?

tutes a part of the school-approved instructional

program for the student.

(2) All officials, teachers, and other employees

in public, parochial, religious, denominational, and

private K-12 schools, including private tutors, shall

keep all records and shall prepare and submit

promptly all reports that may be required by law

and by rules of the State Board of Education and

district school boards. Such records shall include a

persons described above shall make these reports

therefrom as may be required by the State Board of

Education. The enrollment register shall show the

absence or attendance of each student enrolled for

each school day of the year in a manner prescribed

by the State Board of Education. The register shall

be open for the inspection by the designated school

representative or the district school superintendent

of the district in which the school is located.

Violation of the provisions of this section shall be a

misdemeanor of the second degree, punishable as

provided by law. This section shall not apply to

home education programs provided in s. 1002.41.

History.—s. 118, ch. 2002-387.

1003.24 Parents responsible for attendance of

children; attendance policy.—

Each parent of a

child within the compulsory attendance age is

responsible for the child’s school attendance as

required by law. The absence of a student from

school is prima facie evidence of a violation of this

section; however, criminal prosecution under this

chapter may not be brought against a parent until

the provisions of s. 1003.26 have been complied

with. A parent of a student is not responsible for the

student’s nonattendance at school under any of the

following conditions:

(1) WITH PERMISSION.—The absence was

with permission of the head of the school;

(2) WITHOUT KNOWLEDGE.—The absence

was without the parent’s knowledge, consent, or

connivance, in which case the student shall be

dealt with as a dependent child;

(3) FINANCIAL INABILITY.—The parent was

unable financially to provide necessary clothes for

the student, which inability was reported in writing

to the superintendent prior to the opening of school

or immediately after the beginning of such inability,

provided that the validity of any claim for exemption

under this subsection shall be determined by the

district school superintendent subject to appeal to

the district school board; or

(4) SICKNESS, INJURY, OR OTHER INSUR?

MOUNTABLE CONDITION.—Attendance was

impracticable or inadvisable on account of sickness

or injury, attested to by a written statement of a

licensed practicing physician, or was impracticable

because of some other stated insurmountable

condition as defined by rules of the State Board of

Education. If a student is continually sick and

repeatedly absent from school, he or she must be

under the supervision of a physician in order to

receive an excuse from attendance. Such excuse

provides that a student’s condition justifies absence

for more than the number of days permitted by the

district school board.

Each district school board shall establish an

attendance policy that includes, but is not limited to,

the required number of days each school year that

a student must be in attendance and the number of

absences and tardinesses after which a statement

explaining such absences and tardinesses must be

on file at the school. Each school in the district must

determine if an absence or tardiness is excused or

unexcused according to criteria established by the

district school board.

History.—s. 119, ch. 2002-387.

1003.25 Procedures for maintenance and

transfer of student records.—

(1) Each principal shall maintain a

permanent cumulative record for each student

enrolled in a public K-12 school. Such record shall

be maintained in the form, and contain all data,

prescribed by rule by the State Board of Education.

The cumulative record is confidential and exempt

from the provisions of s. 119.07(1) and is open to

inspection only as provided in chapter 1002.

(2) The procedure for transferring and main?

taining records of students who transfer from school

to school shall be prescribed by rules of the State

Board of Education.

(3) Procedures relating to the acceptance of

transfer work and credit for students shall be

prescribed by rule by the State Board of Education.

History.—s. 120, ch. 2002-387.

1003.26 Enforcement of school attendance.—

The Legislature finds that poor academic perfor?

mance is associated with nonattendance and that

schools must take an active role in enforcing

attendance as a means of improving the perfor?

mance of many students. It is the policy of the state

that each district school superintendent be respon?

sible for enforcing school attendance of all students

subject to the compulsory school age in the school

district. The responsibility includes recommending

to the district school board policies and procedures

to ensure that schools respond in a timely manner

to every unexcused absence, or absence for which

the reason is unknown, of students enrolled in the

schools. District school board policies must require

each parent of a student to justify each absence of

the student, and that justification will be evaluated

based on adopted district school board policies that

define excused and unexcused absences. The

policies must provide that schools track excused

and unexcused absences and contact the home in

the case of an unexcused absence from school, or

an absence from school for which the reason is

unknown, to prevent the development of patterns of

nonattendance. The Legislature finds that early

intervention in school attendance matters is the

most effective way of producing good attendance

habits that will lead to improved student learning

and achievement. Each public school shall imple?

ment the following steps to enforce regular school

attendance:

(1) CONTACT, REFER, AND ENFORCE.—

(a) Upon each unexcused absence, or

absence for which the reason is unknown, the

school principal or his or her designee shall contact

the student’s parent to determine the reason for the

absence. If the absence is an excused absence, as

defined by district school board policy, the school

shall provide opportunities for the student to make

up assigned work and not receive an academic

penalty unless the work is not made up within a

reasonable time.

(b) If a student has had at least five unex?

cused absences, or absences for which the

reasons are unknown, within a calendar month or

10 unexcused absences, or absences for which the

reasons are unknown, within a 90-calendar-day

period, the student’s primary teacher shall report to

the school principal or his or her designee that the

student may be exhibiting a pattern of nonatten?

dance. The principal shall, unless there is clear

evidence that the absences are not a pattern of

nonattendance, refer the case to the school’s child

study team to determine if early patterns of truancy

are developing. If the child study team finds that a

pattern of nonattendance is developing, whether

the absences are excused or not, a meeting with

the parent must be scheduled to identify potential

remedies, and the principal shall notify the district

school superintendent and the school district

contact for home education programs that the

referred student is exhibiting a pattern of nonatten?

dance.

problem, the child study team shall implement

interventions that best address the problem. The

interventions may include, but need not be limited to:

1. Frequent communication between the

teacher and the family;

2. Changes in the learning environment;

3. Mentoring;

4. Student counseling;

5. Tutoring, including peer tutoring;

6. Placement into different classes;

7. Evaluation for alternative education programs;

8. Attendance contracts;

9. Referral to other agencies for family

services; or

10. Other interventions, including, but not

limited to, a truancy petition pursuant to s. 984.151.

(d) The child study team shall be diligent in

facilitating intervention services and shall report the

case to the district school superintendent only

when all reasonable efforts to resolve the nonatten?

dance behavior are exhausted.

(e) If the parent refuses to participate in the

remedial strategies because he or she believes that

those strategies are unnecessary or inappropriate,

the parent may appeal to the district school board.

The district school board may provide a hearing

officer, and the hearing officer shall make a

recommendation for final action to the district

school board. If the district school board’s final

determination is that the strategies of the child

study team are appropriate, and the parent still

refuses to participate or cooperate, the district

school superintendent may seek criminal prosecu?

tion for noncompliance with compulsory school

attendance.

(f)1. If the parent of a child who has been

identified as exhibiting a pattern of nonattendance

enrolls the child in a home education program

pursuant to chapter 1002, the district school

superintendent shall provide the parent a copy of s.

1002.41 and the accountability requirements of this

paragraph. The district school superintendent shall

also refer the parent to a home education review

committee composed of the district contact for

home education programs and at least two home

educators selected by the parent from a district list

of all home educators who have conducted a home

education program for at least 3 years and who

have indicated a willingness to serve on the

committee. The home education review committee

shall review the portfolio of the student, as defined

by s. 1002.41, every 30 days during the district’s

regular school terms until the committee is satisfied

that the home education program is in compliance

with s. 1002.41(1)(b). The first portfolio review must

occur within the first 30 calendar days of the

establishment of the program. The provisions of

subparagraph 2. do not apply once the committee

determines the home education program is in

compliance with s. 1002.41(1)(b).

2. If the parent fails to provide a portfolio to the

committee, the committee shall notify the district

school superintendent. The district school superin?

tendent shall then terminate the home education

program and require the parent to enroll the child in

an attendance option that meets the definition of

“regular school attendance” under s.

1003.01(13)(a), (b), (c), or (e), within 3 days. Upon

termination of a home education program pursuant

to this subparagraph, the parent shall not be eligible

to reenroll the child in a home education program

for 180 calendar days. Failure of a parent to enroll

the child in an attendance option as required by this

subparagraph after termination of the home

education program pursuant to this subparagraph

shall constitute noncompliance with the compulsory

attendance requirements of s. 1003.21 and may

result in criminal prosecution under s. 1003.27(2).

Nothing contained herein shall restrict the ability of

the district school superintendent, or the ability of

his or her designee, to review the portfolio pursuant

to s. 1002.41(1)(b).

(g) If a student subject to compulsory school

attendance will not comply with attempts to enforce

school attendance, the parent or the district school

superintendent or his or her designee shall refer the

case to the case staffing committee pursuant to s.

984.12, and the district school superintendent or

his or her designee may file a truancy petition

pursuant to the procedures in s. 984.151.

(2) GIVE WRITTEN NOTICE.—

(a) Under the direction of the district school

superintendent, a designated school representative

shall give written notice that requires enrollment or

attendance within 3 days after the date of notice, in

person or by return-receipt mail, to the parent when

no valid reason is found for a student’s

nonenrollment in school. If the notice and require?

ment are ignored, the designated school represen?

tative shall report the case to the district school

superintendent, and may refer the case to the case

staffing committee, established pursuant to s.

984.12. The district school superintendent shall

take such steps as are necessary to bring criminal

prosecution against the parent.

(b) Subsequent to the activities required under

subsection (1), the district school superintendent or

his or her designee shall give written notice in

person or by return-receipt mail to the parent that

criminal prosecution is being sought for nonatten?

dance. The district school superintendent may file a

truancy petition, as defined in s. 984.03, following

the procedures outlined in s. 984.151.

(3) RETURN STUDENT TO PARENT.—A

designated school representative shall visit the

home or place of residence of a student and any

other place in which he or she is likely to find any

student who is required to attend school when the

student is not enrolled or is absent from school

during school hours without an excuse, and, when

the student is found, shall return the student to his

or her parent or to the principal or teacher in charge

of the school, or to the private tutor from whom

absent, or to the juvenile assessment center or

other location established by the district school

board to receive students who are absent from

school. Upon receipt of the student, the parent shall

be immediately notified.

(4) REPORT TO APPROPRIATE AUTHOR-

ITY.—A designated school representative shall

report to the appropriate authority designated by

law to receive such notices, all violations of the

Child Labor Law that may come to his or her

knowledge.

(5) RIGHT TO INSPECT.—A designated

school representative shall have the right of access

to, and inspection of, establishments where minors

may be employed or detained only for the purpose

of ascertaining whether students of compulsory

school age are actually employed there and are

actually working there regularly. The designated

school representative shall, if he or she finds

unsatisfactory working conditions or violations of

the Child Labor Law, report his or her findings to

the appropriate authority.

History.—s. 121, ch. 2002-387.

1003.27 Court procedure and penalties.—

The

court procedure and penalties for the enforcement

of the provisions of this part, relating to compulsory

school attendance, shall be as follows:

(1) COURT JURISDICTION.—The circuit

court has original and exclusive jurisdiction of all

proceedings against, or prosecutions of, students

under the provisions of this part. Proceedings

against, or prosecutions of, parents or employers

as provided by this section shall be in the court of

each county having jurisdiction of misdemeanors

wherein trial by jury is afforded the defendant.

(2) NONENROLLMENT AND NONATTEN?

DANCE CASES.—

(a) In each case of nonenrollment or of

nonattendance upon the part of a student who is

required to attend some school, when no valid

reason for such nonenrollment or nonattendance is

found, the district school superintendent shall

institute a criminal prosecution against the student’s

parent.

(b) Each public school principal or the

principal’s designee shall notify the district school

board of each minor student under its jurisdiction

who accumulates 15 unexcused absences in a

period of 90 calendar days. Each designee of the

governing body of each private school, and each

parent whose child is enrolled in a home education

program, may provide the Department of Highway

Safety and Motor Vehicles with the legal name, sex,

date of birth, and social security number of each

minor student under his or her jurisdiction who fails

to satisfy relevant attendance requirements and

who fails to otherwise satisfy the requirements of s.

322.091. The district school superintendent must

provide the Department of Highway Safety and

Motor Vehicles the legal name, sex, date of birth,

and social security number of each minor student

who has been reported under this paragraph and

who fails to otherwise satisfy the requirements of s.

322.091. The Department of Highway Safety and

Motor Vehicles may not issue a driver’s license or

learner’s driver’s license to, and shall suspend any

previously issued driver’s license or learner’s

driver’s license of, any such minor student, pursu?

ant to the provisions of s. 322.091.

(3) HABITUAL TRUANCY CASES.—The

district school superintendent is authorized to file a

truancy petition, as defined in s. 984.03, following

the procedures outlined in s. 984.151. If the district

school superintendent chooses not to file a truancy

petition, procedures for filing a child-in-need-of-

services petition shall be commenced pursuant to

this subsection and chapter 984. In accordance

with procedures established by the district school

board, the designated school representative shall

refer a student who is habitually truant and the

student’s family to the children-in-need-of-services

and families-in-need-of-services provider or the

case staffing committee, established pursuant to s.

984.12, as determined by the cooperative agree?

ment required in this section. The case staffing

committee may request the Department of Juvenile

Justice or its designee to file a child-in-need-of-

services petition based upon the report and efforts

of the district school board or other community

agency or may seek to resolve the truant behavior

through the school or community-based organiza?

tions or agencies. Prior to and subsequent to the

filing of a child-in-need-of-services petition due to

habitual truancy, the appropriate governmental

agencies must allow a reasonable time to complete

actions required by this section and s. 1003.26 to

remedy the conditions leading to the truant behav?

ior. Prior to the filing of a petition, the district school

board must have complied with the requirements of

s. 1003.26, and those efforts must have been

unsuccessful.

(4) COOPERATIVE AGREEMENTS.—The

circuit manager of the Department of Juvenile

Justice or the circuit manager’s designee, the

district administrator of the Department of Children

and Family Services or the district administrator’s

designee, and the district school superintendent or

the superintendent’s designee must develop a

cooperative interagency agreement that:

(a) Clearly defines each department’s role,

responsibility, and function in working with habitual

truants and their families.

(b) Identifies and implements measures to

resolve and reduce truant behavior.

delivery, the appropriateness of legal intervention,

case management, the role and responsibility of the

case staffing committee, student and parental

intervention and involvement, and community action

plans.

(d) Delineates timeframes for implementation

and identifies a mechanism for reporting results by

the circuit juvenile justice manager or the circuit

manager’s designee and the district school superin?

tendent or the superintendent’s designee to the

Department of Juvenile Justice and the Department

of Education and other governmental entities as

needed.

(e) Designates which agency is responsible for

each of the intervention steps in this section, to

yield more effective and efficient intervention

services.

(5) ATTENDANCE REGISTER AS EVI-

DENCE.—The register of attendance of students at

a public, parochial, religious, denominational, or

private school, or of students taught by a private

tutor, kept in compliance with rules of the State

Board of Education is prima facie evidence of the

facts which it is required to show. A certified copy of

any rule and a statement of the date of its adoption

by the State Board of Education is admissible as

prima facie evidence of the provisions of the rule

and of the date of its adoption.

(6) PROCEEDINGS AND PROSECUTIONS;

WHO MAY BEGIN.—Proceedings or prosecutions

under this chapter may be commenced by the

district school superintendent, by a designated

school representative, by the probation officer of

the county, by the executive officer of any court of

competent jurisdiction, by an officer of any court of

competent jurisdiction, or by a duly authorized

agent of the Department of Education or the

Department of Juvenile Justice. If a proceeding has

been commenced against both a parent and a child

pursuant to this chapter, the presiding courts shall

make every effort to coordinate sanctions against

the child and parent, including ordering the child

and parent to perform community service hours or

attend counseling together.

(7) PENALTIES.—The penalties for refusing or

failing to comply with this chapter shall be as

follows:

(a) The parent.—

1. A parent who refuses or fails to have a

minor student who is under his or her control attend

school regularly, or who refuses or fails to comply

with the requirements in subsection (3), commits a

misdemeanor of the second degree, punishable as

provided in s. 775.082 or s. 775.083.

2. The continued or habitual absence of a

minor student without the consent of the principal or

teacher in charge of the school he or she attends or

should attend, or of the tutor who instructs or

should instruct him or her, is prima facie evidence

of a violation of this chapter; however, a showing

that the parent has made a bona fide and diligent

effort to control and keep the student in school shall

be an affirmative defense to any criminal or other

liability under this subsection and the court shall

refer the parent and child for counseling, guidance,

or other needed services.

3. In addition to any other punishment, the

court shall order a parent who has violated this

section to send the minor student to school, and

may also order the parent to participate in an

approved parent training class, attend school with

the student unless this would cause undue hard?

ship, perform community service hours at the

school, or participate in counseling or other

services, as appropriate. If a parent is ordered to

attend school with a student, the school shall

provide for programming to educate the parent and

student on the importance of school attendance. It

shall be unlawful to terminate any employee solely

because he or she is attending school with his or

her child pursuant to a court order.

(b) The principal or teacher.—A principal or

teacher in any public, parochial, religious, denomi?

national, or private school, or a private tutor who

willfully violates any provision of this chapter may,

upon satisfactory proof of such violation, have his

or her certificate revoked by the Department of

Education.

1. An employer who fails to notify the district

school superintendent when he or she ceases to

employ a student commits a misdemeanor of the

second degree, punishable as provided in s.

775.082 or s. 775.083.

2. An employer who terminates any employee

solely because he or she is attending school with a

student pursuant to court order commits a misde?

meanor of the second degree, punishable as

provided in s. 775.082 or s. 775.083.

(d) The student.—

1. In addition to any other authorized sanc?

tions, the court shall order a student found to be a

habitual truant to make up all school work missed

and may order the student to pay a civil penalty of

up to $2, based on the student’s ability to pay, for

each day of school missed, perform up to 25

community service hours at the school, or partici?

pate in counseling or other services, as appropri?

ate.

2. Upon a second or subsequent finding that a

student is a habitual truant, the court, in addition to

any other authorized sanctions, shall order the

student to make up all school work missed and may

order the student to pay a civil penalty of up to $5,

based on the student’s ability to pay, for each day of

school missed, perform up to 50 community service

hours at the school, or participate in counseling or

other services, as appropriate.

History.—s. 122, ch. 2002-387.

1003.28 Continuation of truancy remedial

activities upon transfer of student; retention of

legal jurisdiction.—

(1) If, during the activities designed to remedy

truant behavior as described in s. 1003.27, the

parent of the student who is the subject of such

activities transfers the student to another school

district in this state in an attempt to circumvent the

remedial procedures which have already begun, the

administration of the school from which the student

transferred shall provide to the administration of the

new school, at no charge, copies of all available

records and documents relevant to such remedial

activities, and the administration of the new school

shall begin remedial activities in the program that

most closely meets the transfer student’s needs.

(2) In the event that a legal proceeding has

commenced, as provided in s. 1003.27, against a

student who has been determined to be a habitual

truant, the movement of the student who is the

subject of such proceeding to another circuit court

district in this state will not affect the jurisdiction of

the court to proceed with the case under the law.

History.—s. 123, ch. 2002-387.

1003.29 Notice to schools of court action.—

If a

parent, perform at grade level, or perform commu?

court takes action that directly involves a student’s

nity service hours at the school, the office of the

school, including, but not limited to, an order that a

clerk of the court shall provide notice to the school

student attend school, attend school with his or her

of the court’s action.

History.—s. 124, ch. 2002-387.

1003.33 Report cards; end-of-the-year status.—

(1) Each district school board shall establish

and publish policies requiring the content and

regular issuance of student report cards for all

elementary school, middle school, and high school

students. These report cards must clearly depict

and grade:

(a) The student’s academic performance in

each class or course, which in grades 1 through 12

must be based upon examinations as well as

written papers, class participation, and other

academic performance criteria.

(b) The student’s conduct and behavior.

absences and tardiness.

(2) A student’s final report card for a school

year shall contain a statement indicating end-of-

the-year status regarding performance or nonper?

formance at grade level, acceptable or unaccept?

able behavior and attendance, and promotion or

nonpromotion.

District school boards shall not allow schools to

exempt students from academic performance

requirements based on practices or policies

designed to encourage student attendance. A

student’s attendance record may not be used in

whole or in part to provide an exemption from any

academic performance requirement.

History.—s. 128, ch. 2002-387.

1003.43 General requirements for high school

graduation.—

(1) Graduation requires successful completion

of either a minimum of 24 academic credits in

grades 9 through 12 or an International Baccalaure?

ate curriculum. The 24 credits shall be distributed

as follows:

(a) Four credits in English, with major concen?

tration in composition and literature.

(b) Three credits in mathematics. Effective

for students entering the 9th grade in the 1997?

1998 school year and thereafter, one of these

credits must be Algebra I, a series of courses

equivalent to Algebra I, or a higher-level mathemat?

ics course.

have a laboratory component. The State Board of

Education may grant an annual waiver of the

laboratory requirement to a district school board

that certifies that its laboratory facilities are inad?

equate, provided the district school board submits a

capital outlay plan to provide adequate facilities and

makes the funding of this plan a priority of the

district school board. Agriscience Foundations I, the

core course in secondary Agriscience and Natural

Resources programs, counts as one of the science

credits.

(d) One credit in American history.

(e) One credit in world history, including a

comparative study of the history, doctrines, and

objectives of all major political systems.

(f) One-half credit in economics, including a

comparative study of the history, doctrines, and

objectives of all major economic systems. The

Florida Council on Economic Education shall

provide technical assistance to the department and

district school boards in developing curriculum

materials for the study of economics.

(g) One-half credit in American government,

including study of the Constitution of the United

States. For students entering the 9th grade in the

1997-1998 school year and thereafter, the study of

Florida government, including study of the State

Constitution, the three branches of state govern?

ment, and municipal and county government, shall

be included as part of the required study of

American government.

(h)1. One credit in practical arts career and

technical education or exploratory career and

technical education. Any career and technical

education course as defined in s. 1003.01 may be

taken to satisfy the high school graduation require?

ment for one credit in practical arts or exploratory

career and technical education provided in this

subparagraph;

2. One credit in performing fine arts to be

selected from music, dance, drama, painting, or

sculpture. A course in any art form, in addition to

painting or sculpture, that requires manual dexterity,

or a course in speech and debate, may be taken to

satisfy the high school graduation requirement for

one credit in performing arts pursuant to this

subparagraph; or

3. One-half credit each in practical arts career

and technical education or exploratory career and

technical education and performing fine arts, as

defined in this paragraph.

Such credit for practical arts career and

technical education or exploratory career and

technical education or for performing fine arts shall

be made available in the 9th grade, and students

shall be scheduled into a 9th grade course as a

priority.

(i) One-half credit in life management skills to

include consumer education, positive emotional

development, marriage and relationship skill-based

education, nutrition, prevention of human immuno?

deficiency virus infection and acquired immune

deficiency syndrome and other sexually transmis?

sible diseases, benefits of sexual abstinence and

consequences of teenage pregnancy, information

and instruction on breast cancer detection and

breast self-examination, cardiopulmonary resuscita?

tion, drug education, and the hazards of smoking.

Such credit shall be given for a course to be taken

by all students in either the 9th or 10th grade.

(j) One credit in physical education to include

assessment, improvement, and maintenance of

personal fitness. Participation in an interscholastic

sport at the junior varsity or varsity level, for two full

seasons, shall satisfy the one-credit requirement in

physical education if the student passes a compe?

tency test on personal fitness with a score of “C” or

better. The competency test on personal fitness

must be developed by the Department of Education.

A district school board may not require that the one

credit in physical education be taken during the 9th

grade year. Completion of one semester with a

grade of “C” or better in a marching band class or in

a physical activity class that requires participation in

marching band activities as an extracurricular

activity shall satisfy a one-half credit requirement in

physical education. This one-half credit may not be

used to satisfy the personal fitness requirement or

the requirement for adaptive physical education

under an individual educational plan (IEP) or 504

plan.

(k) Eight and one-half elective credits.

District school boards may award a maximum

of one-half credit in social studies and one-half

elective credit for student completion of nonpaid

voluntary community or school service work.

Students choosing this option must complete a

minimum of 75 hours of service in order to earn the

one-half credit in either category of instruction.

Credit may not be earned for service provided as a

result of court action. District school boards that

approve the award of credit for student volunteer

service shall develop guidelines regarding the

award of the credit, and school principals are

responsible for approving specific volunteer

activities. A course designated in the Course Code

Directory as grade 9 through grade 12 that is taken

below the 9th grade may be used to satisfy high

school graduation requirements or Florida Aca?

demic Scholars award requirements as specified in

a district school board’s student progression plan. A

student shall be granted credit toward meeting the

requirements of this subsection for equivalent

courses, as identified pursuant to s. 1007.271(6),

taken through dual enrollment.

(2) Remedial and compensatory courses

taken in grades 9 through 12 may only be counted

as elective credit as provided in subsection (1).

(3) Credit for high school graduation may be

earned for volunteer activities and nonacademic

activities which have been approved for such credit

by the State Board of Education.

(4)(a) A district school board may require

specific courses and programs of study within the

minimum credit requirements for high school

graduation and shall modify basic courses, as

necessary, to assure exceptional students the

opportunity to meet the graduation requirements for

a standard diploma, using one of the following

strategies:

1. Assignment of the exceptional student to an

exceptional education class for instruction in a

basic course with the same student performance

standards as those required of nonexceptional

students in the district school board student

progression plan; or

2. Assignment of the exceptional student to a

basic education class for instruction that is modified

to accommodate the student’s exceptionality.

(b) The district school board shall determine

which of these strategies to employ based upon an

assessment of the student’s needs and shall reflect

this decision in the student’s individual educational

plan.

encouraged to establish requirements for high

school graduation in excess of the minimum

requirements; however, an increase in academic

credit or minimum grade point average require?

ments shall not apply to those students enrolled in

grades 9 through 12 at the time the district school

board increases the requirements. In addition, any

increase in academic credit or minimum grade point

average requirements shall not apply to a student

who earns credit toward the graduation require?

ments of this section for equivalent courses taken

through dual enrollment.

(5) Each district school board shall establish

standards for graduation from its schools, and

these standards must include:

(a) Earning passing scores on the FCAT, as

defined in s. 1008.22(3)(c).

(b) Completion of all other applicable require?

ments prescribed by the district school board

pursuant to s. 1008.25.

average of 1.5 on a 4.0 scale, or its equivalent, for

students entering 9th grade before the 1997-1998

school year; however, these students must earn a

cumulative grade point average of 2.0 on a 4.0

scale, or its equivalent, in the courses required by

subsection (1) that are taken after July 1, 1997, or

have an overall cumulative grade point average of

2.0 or above.

(d) Achievement of a cumulative grade point

average of 2.0 on a 4.0 scale, or its equivalent, in

the courses required by subsection (1), for students

entering 9th grade in the 1997-1998 school year

and thereafter.

(e) For purposes of paragraphs (c) and (d):

1. Each district school board shall adopt

policies designed to assist students in meeting

these requirements. These policies may include, but

are not limited to: forgiveness policies, summer

school or before or after school attendance, special

counseling, volunteer and/or peer tutors, school-

sponsored help sessions, homework hotlines, and

study skills classes. Beginning in the 2000-2001

school year and each year thereafter, forgiveness

policies for required courses shall be limited to

replacing a grade of “D” or “F,” or the equivalent of a

grade of “D” or “F,” with a grade of “C” or higher, or

the equivalent of a grade of “C” or higher, earned

subsequently in the same or comparable course.

Forgiveness policies for elective courses shall be

limited to replacing a grade of “D” or “F,” or the

equivalent of a grade of “D” or “F,” with a grade of

“C” or higher, or the equivalent of a grade of “C” or

higher, earned subsequently in another course. Any

course grade not replaced according to a district

school board forgiveness policy shall be included in

the calculation of the cumulative grade point

average required for graduation.

2. At the end of each semester, the parent of

each student in grades 9, 10, 11, and 12 who has a

cumulative grade point average of less than 0.5

above the cumulative grade point average required

for graduation shall be notified that the student is at

risk of not meeting the requirements for graduation.

The notice shall contain an explanation of the

policies the district school board has in place to

assist the student in meeting the grade point

average requirement.

3. Special assistance to obtain a high school

equivalency diploma pursuant to s. 1003.435 may

be given only when the student has completed all

requirements for graduation except the attainment

of the required cumulative grade point average.

The standards required in this subsection, and

any subsequent modifications, shall be reprinted in

the Florida Administrative Code even though not

defined as “rules.”

(6) The Legislature recognizes that adult

learners are unique in situation and needs. The

following graduation requirements are therefore

instituted for students enrolled in adult general

education in accordance with s. 1004.93 in pursuit

of a high school diploma:

(a) The one credit in physical education

required for graduation, pursuant to subsection (1),

is not required for graduation and shall be substi?

tuted with elective credit keeping the total credits

needed for graduation consistent with subsection

(1).

(b) Each district school board may waive the

laboratory component of the science requirement

expressed in subsection (1) when such facilities are

inaccessible or do not exist.

Education Course Code Directory in the areas of

art, dance, drama, or music may be undertaken by

adult secondary education students. Enrollment

and satisfactory completion of such a course shall

satisfy the credit in performing fine arts required for

high school graduation pursuant to subsection (1).

(7) No student may be granted credit toward

high school graduation for enrollment in the

following courses or programs:

(a) More than a total of nine elective credits in

remedial programs.

(b) More than one credit in exploratory career

education courses as defined in s. 1003.01(4)(a).

family and consumer sciences classes as defined in

s. 1003.01(4)(a).

(d) Any Level I course unless the student’s

assessment indicates that a more rigorous course

of study would be inappropriate, in which case a

written assessment of the need must be included in

the student’s individual educational plan or in a

student performance plan, signed by the principal,

the guidance counselor, and the parent of the

student, or the student if the student is 18 years of

age or older.

(8) The State Board of Education, after a

public hearing and consideration, shall make

provision for appropriate modification of testing

instruments and procedures for students with

identified handicaps or disabilities in order to

ensure that the results of the testing represent the

student’s achievement, rather than reflecting the

student’s impaired sensory, manual, speaking, or

psychological process skills.

(9) A student who meets all requirements

prescribed in subsections (1), (4), and (5) shall be

awarded a standard diploma in a form prescribed

by the State Board of Education. A district school

board may attach the Florida gold seal career and

technical endorsement to a standard diploma or,

instead of the standard diploma, award differenti?

ated diplomas to those exceeding the prescribed

minimums. A student who completes the minimum

number of credits and other requirements pre?

scribed by subsections (1) and (4), but who is

unable to meet the standards of paragraph (5)(a),

paragraph (5)(b), or paragraph (5)(c), shall be

awarded a certificate of completion in a form

prescribed by the State Board of Education.

However, any student who is otherwise entitled to a

certificate of completion may elect to remain in the

secondary school either as a full-time student or a

part-time student for up to 1 additional year and

receive special instruction designed to remedy his

or her identified deficiencies.

(10) The public hearing and consideration

required in subsection (8) shall not be construed to

amend or nullify the requirements of security

relating to the contents of examinations or assess?

ment instruments and related materials or data as

prescribed in s. 1008.23.

(11) The Commissioner of Education may

award a standard high school diploma to honorably

discharged veterans who started high school

between 1937 and 1946 and were scheduled to

graduate between 1941 and 1950 but were in?

ducted into the United States Armed Forces

between September 16, 1940, and December 31,

1946, prior to completing the necessary high school

graduation requirements. Upon the recommenda?

tion of the commissioner, the State Board of

Education may develop criteria and guidelines for

awarding such diplomas.

(12) The Commissioner of Education may

award a standard high school diploma to honorably

discharged veterans who started high school

between 1946 and 1950 and were scheduled to

graduate between 1950 and 1954, but were

inducted into the United States Armed Forces

between June 1950 and January 1954, and served

during the Korean War prior to completing the

necessary high school graduation requirements.

Upon the recommendation of the commissioner, the

State Board of Education may develop criteria and

guidelines for awarding such diplomas.

History.—s. 1, ch. 2002-278; s. 132, ch. 2002-387.

1003.435 High school equivalency diploma

program.—

(1) The State Board of Education shall adopt

rules that prescribe performance standards and

provide for comprehensive examinations to be

administered to candidates for high school equiva?

lency diplomas. Such rules shall include, but are not

limited to, provisions for fees, frequency of exami?

nations, and procedures for retaking an examina?

tion upon unsatisfactory performance.

(2) The department may award high school

equivalency diplomas to candidates who meet the

performance standards prescribed by the State

Board of Education.

(3) Each district school board shall offer and

administer the high school equivalency diploma

examinations and the subject area examinations to

all candidates pursuant to rules of the State Board

of Education.

(4) A candidate for a high school equivalency

diploma shall be at least 18 years of age on the

date of the examination, except that in extraordi?

nary circumstances, as provided for in rules of the

district school board of the district in which the

candidate resides or attends school, a candidate

may take the examination after reaching the age of

16.

(5) Each district school board shall develop, in

cooperation with the area community college board

of trustees, a plan for the provision of advanced

instruction for those students who attain satisfac?

tory performance on the high school equivalency

examination or the subject area examinations or

who demonstrate through other means a readiness

to engage in postsecondary-level academic work.

The plan shall include provisions for the equitable

distribution of generated funds to cover personnel,

maintenance, and other costs of offering the

advanced instruction. Priority shall be given to

programs of advanced instruction offered in high

school facilities.

(6)(a) All high school equivalency diplomas

issued under the provisions of this section shall

have equal status with other high school diplomas

for all state purposes, including admission to any

state university or community college.

(b) The State Board of Education shall adopt

rules providing for the award of a standard high

school diploma to holders of high school equiva?

lency diplomas who are assessed as meeting

designated criteria, and the commissioner shall

establish procedures for administering the assess?

ment.

History.—s. 133, ch. 2002-387.

1003.436 Definition of “credit”.—

(1)(a) For the purposes of requirements for

high school graduation, one full credit means a

minimum of 135 hours of bona fide instruction in a

designated course of study that contains student

performance standards. The State Board of

Education shall determine the number of

postsecondary credit hours earned through dual

enrollment pursuant to s. 1007.271 that satisfy the

requirements of a district’s interinstitutional articula?

tion agreement according to s. 1007.235 and that

equal one full credit of the equivalent high school

course identified pursuant to s. 1007.271(6).

(b) The hourly requirements for one-half credit

are one-half the requirements specified in para?

graph (a).

(2) In awarding credit for high school gradua?

tion, each district school board shall maintain a

one-half credit earned system that shall include

courses provided on a full-year basis. A student

enrolled in a full-year course shall receive one-half

credit if the student successfully completes either

the first half or the second half of a full-year course

but fails to successfully complete the other half of

the course and the averaging of the grades ob?

tained in each half would not result in a passing

grade. A student enrolled in a full-year course shall

receive a full credit if the student successfully

completes either the first half or the second half of

a full-year course but fails to successfully complete

the other half of the course and the averaging of the

grades obtained in each half would result in a

passing grade, provided that such additional

requirements specified in district school board

policies, such as class attendance, homework,

participation, and other indicators of performance,

shall be successfully completed by the student.

History.—s. 134, ch. 2002-387.

1003.438 Special high school graduation

requirements for certain exceptional stu-

dents.—

A student who has been properly classi?

fied, in accordance with rules established by the

State Board of Education, as “educable mentally

handicapped,” “trainable mentally handicapped,”

“hearing impaired,” “specific learning disabled,”

“physically or language impaired,” or “emotionally

handicapped” shall not be required to meet all

requirements of s. 1003.43 and shall, upon meeting

all applicable requirements prescribed by the

district school board pursuant to s. 1008.25, be

awarded a special diploma in a form prescribed by

the commissioner; however, such special gradua?

tion requirements prescribed by the district school

board must include minimum graduation require?

ments as prescribed by the commissioner. Any

such student who meets all special requirements of

the district school board for exceptionality, but is

unable to meet the appropriate special state

minimum requirements, shall be awarded a special

certificate of completion in a form prescribed by the

commissioner. A student who has been properly

classified as “profoundly handicapped” and who

meets the special requirements of the district

school board for a special diploma in accordance

with requirements for any exceptional student

identified in this section shall be awarded a special

diploma; however, such a student shall alternatively

be eligible for a special certificate of completion, in

a form prescribed by the commissioner, if all school

requirements for students who are “profoundly

handicapped” have been met. However, this section

does not limit or restrict the right of an exceptional

student solely to a special diploma or special

certificate of completion. Any such student shall,

upon proper request, be afforded the opportunity to

fully meet all requirements of s. 1003.43 through

the standard procedures established therein and

thereby to qualify for a standard diploma upon

graduation.

History.—s. 136, ch. 2002-387.

1003.51 Other public educational services.—

(1) The general control of other public educa?

tional services shall be vested in the State Board of

Education except as provided herein. The State

Board of Education shall, at the request of the

Department of Children and Family Services and

the Department of Juvenile Justice, advise as to

standards and requirements relating to education to

be met in all state schools or institutions under their

control which provide educational programs. The

Department of Education shall provide supervisory

services for the educational programs of all such

schools or institutions. The direct control of any of

these services provided as part of the district

program of education shall rest with the district

school board. These services shall be supported

out of state, district, federal, or other lawful funds,

depending on the requirements of the services

being supported.

(2) The State Board of Education shall adopt

and maintain an administrative rule articulating

expectations for effective education programs for

youth in Department of Juvenile Justice programs,

including, but not limited to, education programs in

juvenile justice commitment and detention facilities.

The rule shall articulate policies and standards for

education programs for youth in Department of

Juvenile Justice programs and shall include the

following:

(a) The interagency collaborative process

needed to ensure effective programs with measur?

able results.

(b) The responsibilities of the Department of

Education, the Department of Juvenile Justice,

district school boards, and providers of education

services to youth in Department of Juvenile Justice

programs.

(d) Service delivery options available to district

school boards, including direct service and con?

tracting.

(e) Assessment procedures, which:

1. Include appropriate academic and career

and technical assessments administered at

program entry and exit that are selected by the

Department of Education in partnership with

representatives from the Department of Juvenile

Justice, district school boards, and providers.

2. Require district school boards to be

responsible for ensuring the completion of the

assessment process.

3. Require assessments for students in

detention who will move on to commitment facilities,

to be designed to create the foundation for develop?

ing the student’s education program in the assigned

commitment facility.

4. Require assessments of students sent

directly to commitment facilities to be completed

within the first week of the student’s commitment.

The results of these assessments, together

with a portfolio depicting the student’s academic

and career and technical accomplishments, shall be

included in the discharge package assembled for

each youth.

(f) Recommended instructional programs,

including, but not limited to, career and technical

training and job preparation.

(g) Funding requirements, which shall include

the requirement that at least 80 percent of the

FEFP funds generated by students in Department

of Juvenile Justice programs be spent on instruc?

tional costs for those students. One hundred

percent of the formula-based categorical funds

generated by students in Department of Juvenile

Justice programs must be spent on appropriate

categoricals such as instructional materials and

public school technology for those students.

(h) Qualifications of instructional staff, proce?

dures for the selection of instructional staff, and

procedures to ensure consistent instruction and

qualified staff year round.

(i) Transition services, including the roles and

responsibilities of appropriate personnel in school

districts, provider organizations, and the Depart?

ment of Juvenile Justice.

(j) Procedures and timeframe for transfer of

education records when a youth enters and leaves

a facility.

(k) The requirement that each district school

board maintain an academic transcript for each

student enrolled in a juvenile justice facility that

delineates each course completed by the student

as provided by the State Course Code Directory.

(l) The requirement that each district school

board make available and transmit a copy of a

student’s transcript in the discharge packet when

the student exits a facility.

(m) Contract requirements.

(n) Performance expectations for providers

and district school boards, including the provision of

an academic improvement plan as required in s.

1008.25.

(o) The role and responsibility of the district

school board in securing workforce development

funds.

(p) A series of graduated sanctions for district

school boards whose educational programs in

Department of Juvenile Justice facilities are

considered to be unsatisfactory and for instances in

which district school boards fail to meet standards

prescribed by law, rule, or State Board of Education

policy. These sanctions shall include the option of

requiring a district school board to contract with a

provider or another district school board if the

educational program at the Department of Juvenile

Justice facility has failed a quality assurance review

and, after 6 months, is still performing below

minimum standards.

(q) Other aspects of program operations.

(3) The Department of Education in partner?

ship with the Department of Juvenile Justice, the

district school boards, and providers shall:

a) Maintain model contracts for the delivery of

appropriate education services to youth in Depart?

ment of Juvenile Justice programs to be used for

the development of future contracts. The model

contracts shall reflect the policy and standards

included in subsection (2). The Department of

Education shall ensure that appropriate district

school board personnel are trained and held

accountable for the management and monitoring of

contracts for education programs for youth in

juvenile justice residential and nonresidential

facilities.

(b) Maintain model procedures for transitioning

youth into and out of Department of Juvenile

Justice programs. These procedures shall reflect

the policy and standards adopted pursuant to

subsection (2).

education records to be included as part of a

youth’s commitment record. These requirements

shall reflect the policy and standards adopted

pursuant to subsection (2) and shall include, but not

be limited to, the following:

1. A copy of the student’s individual educa?

tional plan.

2. Assessment data, including grade level

proficiency in reading, writing, and mathematics,

and performance on tests taken according to s.

1008.22.

3. A copy of the student’s permanent cumula?

tive record.

4. A copy of the student’s academic transcript.

5. A portfolio reflecting the youth’s academic

accomplishments while in the Department of

Juvenile Justice program.

(d) Maintain model procedures for securing the

education record and the roles and responsibilities

of the juvenile probation officer and others involved

in the withdrawal of the student from school and

assignment to a commitment or detention facility.

District school boards shall respond to requests for

student education records received from another

district school board or a juvenile justice facility

within 5 working days after receiving the request.

(4) The Department of Education shall ensure

that district school boards notify students in juvenile

justice residential or nonresidential facilities who

attain the age of 16 years of the provisions of law

regarding compulsory school attendance and make

available the option of enrolling in a program to

attain a Florida high school diploma by taking the

general educational development test prior to

release from the facility. District school boards or

community colleges, or both, shall waive GED

testing fees for youth in Department of Juvenile

Justice residential programs and shall, upon

request, designate schools operating for the

purpose of providing educational services to youth

in Department of Juvenile Justice programs as GED

testing centers, subject to GED testing center

requirements. The administrative fees for the

general education development test required by the

Department of Education are the responsibility of

district school boards and may be required of

providers by contractual agreement.

(5) The Department of Education shall

establish and operate, either directly or indirectly

through a contract, a mechanism to provide quality

assurance reviews of all juvenile justice education

programs and shall provide technical assistance

and related research to district school boards and

providers on how to establish, develop, and operate

educational programs that exceed the minimum

quality assurance standards.

History.—s. 145, ch. 2002-387.

1003.52 Educational services in Department of

Juvenile Justice programs.—

(1) The Legislature finds that education is the

single most important factor in the rehabilitation of

adjudicated delinquent youth in the custody of the

Department of Juvenile Justice in detention or

commitment facilities. It is the goal of the Legisla?

ture that youth in the juvenile justice system

continue to be allowed the opportunity to obtain a

high quality education. The Department of Educa?

tion shall serve as the lead agency for juvenile

justice education programs, curriculum, support

services, and resources. To this end, the Depart?

ment of Education and the Department of Juvenile

Justice shall each designate a Coordinator for

Juvenile Justice Education Programs to serve as

the point of contact for resolving issues not ad?

dressed by district school boards and to provide

each department’s participation in the following

activities:

(a) Training, collaborating, and coordinating

with the Department of Juvenile Justice, district

school boards, educational contract providers, and

juvenile justice providers, whether state operated or

contracted.

(b) Collecting information on the academic

performance of students in juvenile justice commit?

ment and detention programs and reporting on the

results.

technical protocols that provide guidance to district

school boards and providers in all aspects of

education programming, including records transfer

and transition.

(d) Prescribing the roles of program personnel

and interdepartmental district school board or

provider collaboration strategies.

Annually, a cooperative agreement and plan for

juvenile justice education service enhancement

shall be developed between the Department of

Juvenile Justice and the Department of Education

and submitted to the Secretary of Juvenile Justice

and the Commissioner of Education by June 30.

(2) Students participating in a detention,

commitment, or rehabilitation program pursuant to

chapter 985 which is sponsored by a community-

based agency or is operated or contracted for by

the Department of Juvenile Justice shall receive

educational programs according to rules of the

State Board of Education. These students shall be

eligible for services afforded to students enrolled in

programs pursuant to s. 1003.53 and all corre?

sponding State Board of Education rules.

(3) The district school board of the county in

which the residential or nonresidential care facility

or juvenile assessment facility is located shall

provide appropriate educational assessments and

an appropriate program of instruction and special

education services. The district school board shall

make provisions for each student to participate in

basic, career and technical education, and excep?

tional student programs as appropriate. Students

served in Department of Juvenile Justice programs

shall have access to the appropriate courses and

instruction to prepare them for the GED test.

Students participating in GED preparation programs

shall be funded at the basic program cost factor for

Department of Juvenile Justice programs in the

Florida Education Finance Program. Each program

shall be conducted according to applicable law

providing for the operation of public schools and

rules of the State Board of Education.

(4) Educational services shall be provided at

times of the day most appropriate for the juvenile

justice program. School programming in juvenile

justice detention, commitment, and rehabilitation

programs shall be made available by the local

school district during the juvenile justice school

year, as defined in s. 1003.01(12).

(5) The educational program shall consist of

appropriate basic academic, career and technical,

or exceptional curricula and related services which

support the treatment goals and reentry and which

may lead to completion of the requirements for

receipt of a high school diploma or its equivalent. If

the duration of a program is less than 40 days, the

educational component may be limited to tutorial

activities and career and technical employability

skills.

(6) Participation in the program by students of

compulsory school-attendance age as provided for

in s. 1003.21 shall be mandatory. All students of

noncompulsory school-attendance age who have

not received a high school diploma or its equivalent

shall participate in the educational program, unless

the student files a formal declaration of his or her

intent to terminate school enrollment as described

in s. 1003.21 and is afforded the opportunity to take

the general educational development test and attain

a Florida high school diploma prior to release from

a facility. A youth who has received a high school

diploma or its equivalent and is not employed shall

participate in workforce development or other

career or technical education or community college

or university courses while in the program, subject

to available funding.

(7) An academic improvement plan shall be

developed for students who score below the level

specified in district school board policy in reading,

writing, and mathematics or below the level

specified by the Commissioner of Education on

statewide assessments as required by s. 1008.25.

These plans shall address academic, literacy, and

life skills and shall include provisions for intensive

remedial instruction in the areas of weakness.

(8) Each district school board shall maintain

an academic record for each student enrolled in a

juvenile justice facility as prescribed by s. 1003.51.

Such record shall delineate each course completed

by the student according to procedures in the State

Course Code Directory. The district school board

shall include a copy of a student’s academic record

in the discharge packet when the student exits the

facility.

(9) The Department of Education shall ensure

that all district school boards make provisions for

high school level committed youth to earn credits

toward high school graduation while in residential

and nonresidential juvenile justice facilities. Provi?

sions must be made for the transfer of credits and

partial credits earned.

(10) The district school board shall recruit and

train teachers who are interested, qualified, or

experienced in educating students in juvenile

justice programs. Students in juvenile justice

programs shall be provided a wide range of

educational programs and opportunities including

textbooks, technology, instructional support, and

other resources available to students in public

schools. Teachers assigned to educational pro?

grams in juvenile justice settings in which the

district school board operates the educational

program shall be selected by the district school

board in consultation with the director of the

juvenile justice facility. Educational programs in

juvenile justice facilities shall have access to the

substitute teacher pool utilized by the district school

board. Full-time teachers working in juvenile justice

schools, whether employed by a district school

board or a provider, shall be eligible for the critical

teacher shortage tuition reimbursement program as

defined by s. 1009.58.

(11) District school boards may contract with a

private provider for the provision of educational

programs to youths placed with the Department of

Juvenile Justice and shall generate local, state, and

federal funding, including funding through the

Florida Education Finance Program for such

students. The district school board’s planning and

budgeting process shall include the needs of

Department of Juvenile Justice programs in the

district school board’s plan for expenditures for

state categorical and federal funds.

(12) The district school board shall fund the

educational program in a Department of Juvenile

Justice facility at the same or higher level of funding

for equivalent students in the district school system

based on the funds generated by state funding

through the Florida Education Finance Program for

such students. It is the intent of the Legislature that

the school district maximize its available local,

state, and federal funding to a juvenile justice

program.

(a) Juvenile justice educational programs shall

be funded in the appropriate FEFP program based

on the educational services needed by the student

for Department of Juvenile Justice programs in

accordance with s. 1011.62.

(b) Juvenile justice educational programs to

receive the appropriate FEFP funding for Depart?

ment of Juvenile Justice programs shall include

those operated through a contract with the Depart?

ment of Juvenile Justice and which are under

purview of the Department of Juvenile Justice

quality assurance standards for education.

of Education, district school boards are required to

request an alternative FTE survey for Department

of Juvenile Justice programs experiencing fluctua?

tions in student enrollment.

(d) FTE count periods shall be prescribed in

rules of the State Board of Education and shall be

the same for programs of the Department of

Juvenile Justice as for other public school pro?

grams. The summer school period for students in

Department of Juvenile Justice programs shall

begin on the day immediately following the end of

the regular school year and end on the day immedi?

ately preceding the subsequent regular school year.

Students shall be funded for no more than 25 hours

per week of direct instruction.

(13) Each district school board shall negotiate

a cooperative agreement with the Department of

Juvenile Justice on the delivery of educational

services to youths under the jurisdiction of the

Department of Juvenile Justice. Such agreement

must include, but is not limited to:

(a) Roles and responsibilities of each agency,

including the roles and responsibilities of contract

providers.

(b) Administrative issues including procedures

for sharing information.

tion of local, state, and federal funding.

(d) Procedures for educational evaluation for

educational exceptionalities and special needs.

(e) Curriculum and delivery of instruction.

(f) Classroom management procedures and

attendance policies.

(g) Procedures for provision of qualified

instructional personnel, whether supplied by the

district school board or provided under contract by

the provider, and for performance of duties while in

a juvenile justice setting.

(h) Provisions for improving skills in teaching

and working with juvenile delinquents.

(i) Transition plans for students moving into

and out of juvenile facilities.

(j) Procedures and timelines for the timely

documentation of credits earned and transfer of

student records.

(k) Methods and procedures for dispute

resolution.

(l) Provisions for ensuring the safety of

education personnel and support for the agreed-

upon education program.

(m) Strategies for correcting any deficiencies

found through the quality assurance process.

(14) Nothing in this section or in a cooperative

agreement shall be construed to require the district

school board to provide more services than can be

supported by the funds generated by students in

the juvenile justice programs.

(15)(a) The Department of Education in

consultation with the Department of Juvenile

Justice, district school boards, and providers shall

establish objective and measurable quality assur?

ance standards for the educational component of

residential and nonresidential juvenile justice

facilities. These standards shall rate the district

school board’s performance both as a provider and

contractor. The quality assurance rating for the

educational component shall be disaggregated from

the overall quality assurance score and reported

separately.

(b) The Department of Education shall develop

a comprehensive quality assurance review process

and schedule for the evaluation of the educational

component in juvenile justice programs. The

Department of Juvenile Justice quality assurance

site visit and the education quality assurance site

visit shall be conducted during the same visit.

tion with district school boards and providers, shall

establish minimum thresholds for the standards and

key indicators for educational programs in juvenile

justice facilities. If a district school board fails to

meet the established minimum standards, it will be

given 6 months to achieve compliance with the

standards. If after 6 months, the district school

board’s performance is still below minimum

standards, the Department of Education shall

exercise sanctions as prescribed by rules adopted

by the State Board of Education. If a provider, under

contract with the district school board, fails to meet

minimum standards, such failure shall cause the

district school board to cancel the provider’s

contract unless the provider achieves compliance

within 6 months or unless there are documented

extenuating circumstances.

(16) The district school board shall not be

charged any rent, maintenance, utilities, or over?

head on such facilities. Maintenance, repairs, and

remodeling of existing facilities shall be provided by

the Department of Juvenile Justice.

(17) When additional facilities are required, the

district school board and the Department of

Juvenile Justice 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. 1013.60. When the most

appropriate site is on state property, state capital

outlay funds shall be requested by the Department

of Juvenile Justice 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 devel?

oped by the district school board and the Depart?

ment of Juvenile Justice and approved by the

Department of Education. The size of space and

occupant design capacity criteria as provided by

State Board of Education rules shall be used for

remodeling or new construction whether facilities

are provided on state property or district school

board property.

(18) The parent of an exceptional student shall

have the due process rights provided for in this

chapter.

(19) Department of Juvenile Justice detention

and commitment programs may be designated as

second chance schools pursuant to s.

1003.53(1)(d). Admission to such programs shall be

governed by chapter 985.

(20) The Department of Education and the

Department of Juvenile Justice, after consultation

with and assistance from local providers and district

school boards, shall report annually to the Legisla?

ture by February 1 on the progress toward develop?

ing effective educational programs for juvenile

delinquents, including the amount of funding

provided by district school boards to juvenile justice

programs, the amount retained for administration

including documenting the purposes for such

expenses, the status of the development of coop?

erative agreements, the results of the quality

assurance reviews including recommendations for

system improvement, and information on the

identification of, and services provided to, excep?

tional students in juvenile justice commitment

facilities to determine whether these students are

properly reported for funding and are appropriately

served.

(21) The educational programs at the Arthur

Dozier School for Boys in Jackson County and the

Florida School for Boys in Okeechobee shall be

operated by the Department of Education, either

directly or through grants or contractual agreements

with other public or duly accredited education

agencies approved by the Department of Educa?

tion.

(22) The State Board of Education may adopt

any rules necessary to implement the provisions of

this section, including uniform curriculum, funding,

and second chance schools. Such rules shall

require the minimum amount of paperwork and

reporting.

(23) The Department of Juvenile Justice and

the Department of Education shall, in consultation

with the statewide Workforce Development Youth

Council, district school boards, providers, and

others, jointly develop a multiagency plan for career

and technical education which describes the

curriculum, goals, and outcome measures for

career and technical education programming in

juvenile commitment facilities, pursuant to s.

985.3155.

History.—s. 146, ch. 2002-387.

1003.53 Dropout prevention and academic

intervention.—

(1)(a) Dropout prevention and academic

intervention programs may differ from traditional

educational programs and schools in scheduling,

administrative structure, philosophy, curriculum, or

setting and shall employ alternative teaching

methodologies, curricula, learning activities, and

diagnostic and assessment procedures in order to

meet the needs, interests, abilities, and talents of

eligible students. The educational program shall

provide curricula, character development and law

education, and related services that support the

program goals and lead to improved performance in

the areas of academic achievement, attendance,

and discipline. Student participation in such

programs shall be voluntary. District school boards

may, however, assign students to a program for

disruptive students. Notwithstanding any other

provision of law to the contrary, no student shall be

identified as being eligible to receive services

funded through the dropout prevention and aca?

demic intervention program based solely on the

student being from a single-parent family.

(b) Students in grades 1-12 shall be eligible for

dropout prevention and academic intervention

programs. Eligible students shall be reported in the

appropriate basic cost factor in the Florida Educa?

tion Finance Program. The strategies and supports

provided to eligible students shall be funded

through the General Appropriations Act and may

include, but are not limited to, those services

identified on the student’s academic intervention

plan.

eligible to receive services funded through the

dropout prevention and academic intervention

program based upon one of the following criteria:

1. The student is academically unsuccessful

as evidenced by low test scores, retention, failing

grades, low grade point average, falling behind in

earning credits, or not meeting the state or district

proficiency levels in reading, mathematics, or

writing.

2. The student has a pattern of excessive

absenteeism or has been identified as a habitual

truant.

3. The student has a history of disruptive

behavior in school or has committed an offense that

warrants out-of-school suspension or expulsion

from school according to the district school board’s

code of student conduct. For the purposes of this

program, “disruptive behavior” is behavior that:

a. Interferes with the student’s own learning or

the educational process of others and requires

attention and assistance beyond that which the

traditional program can provide or results in

frequent conflicts of a disruptive nature while the

student is under the jurisdiction of the school either

in or out of the classroom; or

b. Severely threatens the general welfare of

students or others with whom the student comes

into contact.

(d)1. “Second chance schools” means district

school board programs provided through coopera?

tive agreements between the Department of

Juvenile Justice, private providers, state or local law

enforcement agencies, or other state agencies for

students who have been disruptive or violent or who

have committed serious offenses. As partnership

programs, second chance schools are eligible for

waivers by the Commissioner of Education from

State Board of Education rules that prevent the

provision of appropriate educational services to

violent, severely disruptive, or delinquent students

in small nontraditional settings or in court-adjudi-

cated settings.

2. District school boards seeking to enter into

a partnership with a private entity or public entity to

operate a second chance school for disruptive

students may apply to the Department of Education

for startup grants. These grants must be available

for 1 year and must be used to offset the startup

costs for implementing such programs off public

school campuses. General operating funds must be

generated through the appropriate programs of the

Florida Education Finance Program. Grants

approved under this program shall be for the full

operation of the school by a private nonprofit or for?

profit provider or the public entity. This program

must operate under rules adopted by the State

Board of Education and be implemented to the

extent funded by the Legislature.

3. A student enrolled in a sixth, seventh,

eighth, ninth, or tenth grade class may be assigned

to a second chance school if the student meets the

following criteria:

a. The student is a habitual truant as defined

in s. 1003.01.

b. The student’s excessive absences have

detrimentally affected the student’s academic

progress and the student may have unique needs

that a traditional school setting may not meet.

c. The student’s high incidences of truancy

have been directly linked to a lack of motivation.

d. The student has been identified as at risk of

dropping out of school.

4. A student who is habitually truant may be

assigned to a second chance school only if the

case staffing committee, established pursuant to s.

984.12, determines that such placement could be

beneficial to the student and the criteria included in

subparagraph 3. are met.

5. A student may be assigned to a second

chance school if the district school board in which

the student resides has a second chance school

and if the student meets one of the following

criteria:

a. The student habitually exhibits disruptive

behavior in violation of the code of student conduct

adopted by the district school board.

b. The student interferes with the student’s

own learning or the educational process of others

and requires attention and assistance beyond that

which the traditional program can provide, or, while

the student is under the jurisdiction of the school

either in or out of the classroom, frequent conflicts

of a disruptive nature occur.

c. The student has committed a serious

offense which warrants suspension or expulsion

from school according to the district school board’s

code of student conduct. For the purposes of this

program, “serious offense” is behavior which:

(I) Threatens the general welfare of students

or others with whom the student comes into

contact;

(II) Includes violence;

(III) Includes possession of weapons or drugs;

(IV) Is harassment or verbal abuse of school

personnel or other students.

6. Prior to assignment of students to second

chance schools, district school boards are encour?

aged to use alternative programs, such as in-school

suspension, which provide instruction and counsel?

ing leading to improved student behavior, a reduc?

tion in the incidence of truancy, and the develop?

ment of more effective interpersonal skills.

7. Students assigned to second chance

schools must be evaluated by the district school

board’s child study team before placement in a

second chance school. The study team shall ensure

that students are not eligible for placement in a

program for emotionally disturbed children.

8. Students who exhibit academic and social

progress and who wish to return to a traditional

school shall complete a character development and

law education program and demonstrate prepared?

ness to reenter the regular school setting prior to

reentering a traditional school.

(2)(a) Each district school board may establish

dropout prevention and academic intervention

programs at the elementary, middle, junior high

school, or high school level. Programs designed to

eliminate patterns of excessive absenteeism or

habitual truancy shall emphasize academic

performance and may provide specific instruction in

the areas of career education, preemployment

training, and behavioral management. Such

programs shall utilize instructional teaching

methods appropriate to the specific needs of the

student.

(b) Each school that establishes a dropout

prevention and academic intervention program at

that school site shall reflect that program in the

school improvement plan as required under s.

1001.42(16).

(3) Each district school board receiving state

funding for dropout prevention and academic

intervention programs through the General Appro?

priations Act shall submit information through an

annual report to the Department of Education’s

database documenting the extent to which each of

the district’s dropout prevention and academic

intervention programs has been successful in the

areas of graduation rate, dropout rate, attendance

rate, and retention/promotion rate. The department

shall compile this information into an annual report

which shall be submitted to the presiding officers of

the Legislature by February 15.

(4) Each district school board shall establish

procedures for ensuring that teachers assigned to

dropout prevention and academic intervention

programs possess the affective, pedagogical, and

content-related skills necessary to meet the needs

of these students.

(5) Each district school board providing a

dropout prevention and academic intervention

program pursuant to this section shall maintain for

each participating student records documenting the

student’s eligibility, the length of participation, the

type of program to which the student was assigned

or the type of academic intervention services

provided, and an evaluation of the student’s

academic and behavioral performance while in the

program. The school principal or his or her desig?

nee shall, prior to placement in a dropout preven?

tion and academic intervention program or the

provision of an academic service, provide written

notice of placement or services by certified mail,

return receipt requested, to the student’s parent.

The parent of the student shall sign an acknowledg?

ment of the notice of placement or service and

return the signed acknowledgment to the principal

within 3 days after receipt of the notice. The parents

of a student assigned to such a dropout prevention

and academic intervention program shall be notified

in writing and entitled to an administrative review of

any action by school personnel relating to such

placement pursuant to the provisions of chapter

120.

(6) District school board dropout prevention

and academic intervention programs shall be

coordinated with social service, law enforcement,

prosecutorial, and juvenile justice agencies and

juvenile assessment centers in the school district.

Notwithstanding the provisions of s. 1002.22, these

agencies are authorized to exchange information

contained in student records and juvenile justice

records. Such information is confidential and

exempt from the provisions of s. 119.07(1). District

school boards and other agencies receiving such

information shall use the information only for official

purposes connected with the certification of

students for admission to and for the administration

of the dropout prevention and academic interven?

tion program, and shall maintain the confidentiality

of such information unless otherwise provided by

law or rule.

(7) The State Board of Education shall have

the authority pursuant to ss. 120.536(1) and 120.54

to adopt rules necessary to implement the provi?

sions of this section; such rules shall require the

minimum amount of necessary paperwork and

reporting.

History.—s. 147, ch. 2002-387.

1003.54 Teenage parent programs.—

(1) Each district school board shall maintain a

teenage parent program.

(2) “Teenage parent programs” means educa?

tional programs designed to provide a specialized

curriculum to meet the needs of students who are

pregnant or students who are mothers or fathers

and the children of the students.

(3)(a) The program shall provide pregnant

students or students who are parents and the

children of these students with a comprehensive

teenage parent program. The program shall provide

pregnant students or students who are parents with

the option of participating in regular classroom

activities or enrolling in a special program designed

to meet their needs pursuant to s. 1003.21. Stu?

dents participating in teenage parent programs

shall be exempt from minimum attendance require?

ments for absences related to pregnancy or

parenting, but shall be required to make up work

missed due to absence.

(b) The curriculum shall include instruction in

such topics as prenatal and postnatal health care,

parenting skills, benefits of sexual abstinence, and

consequences of subsequent pregnancies.

Parenting skills should include instruction in the

stages of child growth and development, methods

for aiding in the intellectual, language, physical, and

social development of children, and guidance on

constructive play activities.

care, social services, parent education, and

transportation shall be ancillary service compo?

nents of teenage parent programs. Ancillary

services may be provided through the coordination

of existing programs and services and through joint

agreements between district school boards and

local school readiness coalitions or other appropri?

ate public and private providers.

(d) The district school board shall make

adequate provisions for pregnant and parenting

teenagers to complete the coursework necessary to

earn a high school diploma.

(e) Children enrolled in child care provided by

the district shall be funded at the special program

cost factor pursuant to s. 1011.62 if the parent or

parents are enrolled full time in a public school in

the district.

(4) Districts may modify courses listed in the

State Course Code Directory for the purpose of

providing teenage parent programs pursuant to the

provisions of this section. Such modifications must

be approved by the commissioner and may include

lengthening or shortening of the school time allotted

for in-class study, alternate methods of assessment

of student performance, and the integration of

curriculum frameworks or student performance

standards to produce interdisciplinary units of

instruction.

(5) The State Board of Education shall adopt

rules necessary to implement the provisions of this

section.

History.—s. 148, ch. 2002-387.

1003.55 Instructional programs for blind or

visually impaired students and deaf or hard-of-

hearing students.—

(1) The Department of Education may estab?

lish a coordinating unit and instructional materials

center for visually impaired students and deaf or

hard-of-hearing students to provide staff and

resources for the coordination, cataloging, stan?

dardizing, producing, procuring, storing, and

distributing of braille, large print, tangible apparatus,

captioned films and video tapes, and other special?

ized educational materials needed by these

students and other exceptional students. The

coordinating unit shall have as its major purpose

the improvement of instructional programs for

visually impaired students and deaf or hard-of-

hearing students and may, as a second priority,

extend appropriate services to other exceptional

students, consistent with provisions and criteria

established, to the extent that resources are

available.

(2) The unit shall be operated under rules

adopted by the State Board of Education.

(3) As used in this section, the term:

(a) “Blind student” means a student who is

eligible for special education services and who:

1. Has a visual acuity of 20/200 or less in the

better eye with correcting lenses or has a limited

field of vision such that the widest diameter

subtends an angular distance of no greater than 20

degrees; or

2. Has a medically indicated expectation of

visual deterioration.

(b) “Braille” means the system of reading and

writing through touch commonly known as standard

English braille.

a written statement developed for a student eligible

for special education services pursuant to s.

602(a)(20), Part A of the Individuals with Disabilities

Education Act, 20 U.S.C. s. 1401(a).

(4) In developing an individualized written

education program for each blind student, the

presumption shall be that blind students can

communicate effectively and efficiently with the

same level of proficiency expected of the students’

peers of comparable ability and grade level.

Accordingly, proficiency in reading and writing

braille shall be considered during the individualized

planning and assessment processes in this context.

(5) Any publisher of a textbook adopted

pursuant to the state instructional materials

adoption process shall furnish the Department of

Education with a computer file in an electronic

format specified by the department at least 2 years

in advance that is readily translatable to braille and

can be used for large print or speech access. Any

textbook reproduced pursuant to the provisions of

this subsection shall be purchased at a price equal

to the price paid for the textbook as adopted. The

Department of Education shall not reproduce

textbooks obtained pursuant to this subsection in

any manner that would generate revenues for the

department from the use of such computer files or

that would preclude the rightful payment of fees to

the publisher for use of all or some portion of the

textbook.

History.—s. 149, ch. 2002-387.

1003.56 English language instruction for

limited English proficient students.—

(1) Instruction in the English language shall be

provided to limited English proficient students. Such

instruction shall be designed to develop the

student’s mastery of the four language skills,

including listening, speaking, reading, and writing,

as rapidly as possible.

(2)(a) “Limited English proficient” or

“limited English proficiency,” when used with

reference to an individual, means:

1.a. An individual who was not born in the

United States and whose native language is a

language other than English;

b. An individual who comes from a home

environment where a language other than English

is spoken in the home; or

c. An individual who is an American Indian or

Alaskan native and who comes from an environ?

ment where a language other than English has had

a significant impact on his or her level of English

language proficiency; and

2. Who, by reason thereof, has sufficient

difficulty speaking, reading, writing, or listening to

the English language to deny such individual the

opportunity to learn successfully in classrooms

where the language of instruction is English.

(b) “Home language” or “native language,”

when used with reference to an individual of limited

English proficiency, means the language normally

used by such individual or, in the case of a student,

the language normally used by the parents of the

student.

Other Languages and:

1. When modifying instruction, the strategy

used to teach limited English proficient students; or

2. When modifying program, the program

funded in the Florida Education Finance Program,

listed under English for Speakers of Other Lan?

guages in s. 1011.62.

(3) Each district school board shall implement

the following procedures:

(a) Develop and submit a plan for providing

English language instruction for limited English

proficient students to the Department of Education

for review and approval.

(b) Identify limited English proficient students

through assessment.

cation into the program.

(d) Provide limited English proficient students

ESOL instruction in English and ESOL instruction

or home language instruction in the basic subject

areas of reading, mathematics, science, social

studies, and computer literacy.

(e) Maintain a student plan.

(f) Provide qualified teachers.

(g) Provide equal access to other programs for

eligible limited English proficient students based on

need.

(h) Provide for parental involvement in the

program.

(4) Each district school board’s program for

(5) The State Board of Education shall adopt

limited English proficient students shall be evalu-

rules for the purpose of implementing this section.

History.—s. 150, ch. 2002-387.

ated and monitored periodically.

1003.57 Exceptional students instruction.—

Each district school board shall provide for an

appropriate program of special instruction, facilities,

and services for exceptional students as prescribed

by the State Board of Education as acceptable,

including provisions that:

(1) The district school board provide the

necessary professional services for diagnosis and

evaluation of exceptional students.

(2) The district 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 private schools or

community facilities that meet standards estab?

lished by the commissioner.

(3) The district 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 of a

sensory-impaired student.

(4) The district 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

State Board of Education. The parent of an excep?

tional 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 that he or she is entitled to a

due process hearing on the identification, evalua?

tion, and placement, or lack thereof. Such hearings

shall be exempt from the provisions of ss. 120.569,

120.57, and 286.011, except to the extent that the

State Board of Education adopts rules establishing

other procedures and any records created as a

result of such hearings shall be confidential and

exempt from the provisions of s. 119.07(1). 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 proceed?

ing conducted pursuant to this section, unless the

district school board and the parents otherwise

agree, the student 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, in the

public school program until all such proceedings

have been completed.

(6) In providing for the education of excep?

tional students, the district school 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.

(7) In addition to the services agreed to in a

student’s individual education plan, the district

school superintendent shall fully inform the parent

of a student having a physical or developmental

disability of all available services that are appropri?

ate for the student’s disability. The superintendent

shall provide the student’s parent with a summary

of the student’s rights.

History.—s. 151, ch. 2002-387.

1003.58 Students in residential care facilities.—

Each district school board shall provide educational

programs according to rules of the State Board of

Education to students who reside in residential care

facilities operated by the Department of Children

and Family Services.

(1) The district school board shall not be

charged any rent, maintenance, utilities, or over?

head 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. 1013.60. 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 district school board shall have full and

complete authority in the matter of the assignment

and placement of such students in educational

programs. The parent of an exceptional student

shall have the same due process rights as are

provided under s. 1003.57(5).

(4) The district 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.

History.—s. 152, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1004?

Public Postsecondary Education?

1004.44 Louis de la Parte Florida Mental Health

Institute.—

There is established the Louis de la

Parte Florida Mental Health Institute within the

University of South Florida.

(1) The purpose of the institute is to

strengthen mental health services throughout the

state by providing technical assistance and support

services to mental health agencies and mental

health professionals. Such assistance and services

shall include:

(a) Technical training and specialized educa?

tion.

(b) Development, implementation, and

evaluation of mental health service programs.

of existing mental health services.

(d) Analysis of factors that influence the

incidence and prevalence of mental and emotional

disorders.

(e) Dissemination of information about

innovations in mental health services.

(f) Consultation on all aspects of program

development and implementation.

(g) Provisions for direct client services,

provided for a limited period of time either in the

institute facility or in other facilities within the state,

and limited to purposes of research or training.

(2) The Department of Children and Family

Services is authorized to designate the Louis de la

Parte Florida Mental Health Institute a treatment

facility for the purpose of accepting voluntary and

involuntary clients in accordance with institute

programs. Clients to be admitted are exempted from

prior screening by a community mental health

center.

(3) The institute may provide direct services in

coordination with other agencies. The institute may

also provide support services to state agencies

through joint programs, collaborative agreements,

contracts, and grants.

(4) The institute shall operate under the

authority of the President of the University of South

Florida and shall employ a mental health profes?

sional as director. The director shall hold a faculty

appointment in a university’s college or department

related to mental health within the university. The

director has primary responsibility for establishing

active liaisons with the community of mental health

professionals and other related constituencies in

the state and may, with approval of the university

president, establish appropriate statewide advisory

groups to assist in developing these communication

links.

History.—s. 190, ch. 2002-387.

1004.55 Regional autism centers.—

(1) Six regional autism centers are established

to provide nonresidential resource and training

services for persons of all ages and of all levels of

intellectual functioning who have autism, as defined

in s. 393.063; who have a pervasive developmental

disorder that is not otherwise specified; who have

an autistic-like disability; who have a dual sensory

impairment; or who have a sensory impairment with

other handicapping conditions. Each center shall be

operationally and fiscally independent and shall

provide services within its geographical region of

the state. Each center shall coordinate services

within and between state and local agencies and

school districts but may not duplicate services

provided by those agencies or school districts. The

respective locations and service areas of the

centers are:

(a) The Department of Communication

Disorders at Florida State University, which serves

Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf,

Holmes, Jackson, Jefferson, Leon, Liberty, Madi?

son, Okaloosa, Santa Rosa, Taylor, Wakulla,

Walton, and Washington Counties.

(b) The College of Medicine at the University

of Florida, which serves Alachua, Bradford, Citrus,

Columbia, Dixie, Gilchrist, Hamilton, Hernando,

Lafayette, Levy, Marion, Putnam, Suwannee, and

Union Counties.

Center at Jacksonville, which serves Baker, Clay,

Duval, Flagler, Nassau, and St. Johns Counties.

(d) The Louis de la Parte Florida Mental

Health Institute at the University of South Florida,

which serves Charlotte, Collier, DeSoto, Glades,

Hardee, Hendry, Highlands, Hillsborough, Indian

River, Lee, Manatee, Martin, Okeechobee, Pasco,

Pinellas, Polk, St. Lucie, and Sarasota Counties.

(e) The Mailman Center for Child Development

at the University of Miami, which serves Broward,

Dade, Monroe, and Palm Beach Counties.

(f) The College of Health and Public Affairs at

the University of Central Florida, which serves

Brevard, Lake, Orange, Osceola, Seminole, Sumter,

and Volusia Counties.

(2) There is established for each center a

constituency board, which shall work collaboratively

with the center. Each board shall consist of no

fewer than six members, each of whom is either an

individual who has a disability that is described in

subsection (1) or is a member of a family that

includes a person who has such a disability, who

are selected by each university president from a list

that has been developed by the Autism Society of

Florida and other relevant constituency groups that

represent persons who have sensory impairments

as described in subsection (1). As representatives

of the center’s constituencies, these boards shall

meet quarterly with the staff of each of the centers

to provide advice on policies, priorities, and

activities. Each board shall submit to the university

president and to the Department of Education an

annual report that evaluates the activities and

accomplishments of its center during the year.

(3) To promote statewide planning and

coordination, a conference must be held annually

for staff from each of the five centers and represen?

tatives from each center’s constituency board. The

purpose of the conference is to facilitate coordina?

tion, networking, cross-training, and feedback

among the staffs and constituency boards of the

centers.

(4) Each center shall provide:

(a) A staff that has expertise in autism and

autistic-like behaviors and in sensory impairments.

(b) Individual and direct family assistance in

the home, community, and school. A center’s

assistance should not supplant other responsibili?

ties of state and local agencies, and each school

district is responsible for providing an appropriate

education program for clients of a center who are

school age.

services, including specific intervention and

assistance for a client of the center, the client’s

family, and the school district, and any other

services that are appropriate.

(d) Professional training programs that include

developing, providing, and evaluating preservice

and inservice training in state-of-the-art practices

for personnel who work with the populations served

by the centers and their families.

(e) Public education programs to increase

awareness of the public about autism, autistic-

related disabilities of communication and behavior,

dual sensory impairments, and sensory impair?

ments with other handicapping conditions.

(5) The State Board of Education, in coopera?

tion with the regional autism centers, shall adopt

the necessary rules to carry out the purposes of

this section.

History.—s. 202, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1006?

Support for Learning?

1006.03 Diagnostic and learning resource

centers.—

(1) The department shall maintain regional

diagnostic and learning resource centers for

exceptional students, to assist in the provision of

medical, physiological, psychological, and educa?

tional testing and other services designed to

evaluate and diagnose exceptionalities, to make

referrals for necessary instruction and services, and

to facilitate the provision of instruction and services

to exceptional students. The department shall

cooperate with the Department of Children and

Family Services in identifying service needs and

areas.

(2) Within its identified service area, each

regional center shall:

(a) Provide assistance to parents, teachers,

and other school personnel and community

organizations in locating and identifying exceptional

children and planning educational programs for

them.

(b) Assist in the provision of services for

exceptional children, using to the maximum, but not

supplanting, the existing facilities and services of

each district.

annually for teachers, principals, supervisors, and

community agencies to familiarize them with center

facilities and services for exceptional children.

(d) Plan, coordinate, and assist in the imple?

mentation of inservice training programs, consistent

with each district’s program of staff development,

for the development and updating of attitudes,

skills, and instructional practices and procedures

necessary to the education of exceptional children.

(e) Assist districts in the identification, selec?

tion, acquisition, use, and evaluation of media and

materials appropriate to the implementation of

instructional programs based on individual educa?

tional plans for exceptional children.

(f) Provide for the dissemination and diffusion

of significant information and promising practices

derived from educational research, demonstration,

and other projects.

(g) Assist in the delivery, modification, and

integration of instructional technology, including

microcomputer applications and adaptive and

assistive devices, appropriate to the unique needs

of exceptional students.

(3) Diagnostic and resource centers may

provide testing and evaluation services to private

school students and other children who are not

enrolled in public schools.

(4) Diagnostic and learning resource centers

may assist districts in providing testing and evalua?

tion services for infants and preschool children with

or at risk of developing disabilities, and may assist

districts in providing interdisciplinary training and

resources to parents of infants and preschool

children with or at risk of developing disabilities and

to school readiness programs.

History.—s. 267, ch. 2002-387.

1006.04 Educational multiagency services for

students with severe emotional disturbance.—

(1)(a) An intensive, integrated educational

program; a continuum of mental health treatment

services; and, when needed, residential services

are necessary to enable students with severe

emotional disturbance to develop appropriate

behaviors and demonstrate academic and career

education skills. The small incidence of severe

emotional disturbance in the total school population

requires multiagency programs to provide access to

appropriate services for all students with severe

emotional disturbance. District school boards

should provide educational programs, and state

departments and agencies administering children’s

mental health funds should provide mental health

treatment and residential services when needed,

forming a multiagency network to provide support

for students with severe emotional disturbance.

(b) The program goals for each component of

the multiagency network are to enable students

with severe emotional disturbance to learn appro?

priate behaviors, reduce dependency, and fully

participate in all aspects of school and community

living; to develop individual programs for students

with severe emotional disturbance, including

necessary educational, residential, and mental

health treatment services; to provide programs and

services as close as possible to the student’s home

in the least restrictive manner consistent with the

student’s needs; and to integrate a wide range of

services necessary to support students with severe

emotional disturbance and their families.

(2) The department may award grants to

district school boards for statewide planning and

development of the multiagency network for

students with severe emotional disturbance. The

educational services shall be provided in a manner

consistent with the requirements of ss. 402.22 and

1003.57.

(3) State departments and agencies may use

appropriate funds for the multiagency network for

students with severe emotional disturbance.

History.—s. 269, ch. 2002-387.

(1) Notwithstanding the provisions of the

Nurse Practice Act, part I of chapter 464, district

school board personnel may assist students in the

administration of prescription medication when the

following conditions have been met:

(a) Each district school board shall include in

its approved school health services plan a proce?

dure to provide training, by a registered nurse, a

licensed practical nurse, a physician licensed

pursuant to chapter 458 or chapter 459, or a

physician assistant licensed pursuant to chapter

458 or chapter 459, to the school personnel

designated by the school principal to assist stu?

dents in the administration of prescribed medica?

tion. Such training may be provided in collaboration

with other school districts, through contract with an

education consortium, or by any other arrangement

consistent with the intent of this subsection.

(b) Each district school board shall adopt

policies and procedures governing the administra?

tion of prescription medication by district school

board personnel. The policies and procedures shall

include, but not be limited to, the following provi?

sions:

1. For each prescribed medication, the

student’s parent shall provide to the school principal

a written statement which grants to the school

principal or the principal’s designee permission to

assist in the administration of such medication and

which explains the necessity for the medication to

be provided during the school day, including any

occasion when the student is away from school

property on official school business. The school

principal or the principal’s trained designee shall

assist the student in the administration of the

medication.

2. Each prescribed medication to be adminis?

tered by district school board personnel shall be

received, counted, and stored in its original con?

tainer. When the medication is not in use, it shall be

stored in its original container in a secure fashion

under lock and key in a location designated by the

school principal.

(2) There shall be no liability for civil damages

as a result of the administration of the medication

when the person administering the medication acts

as an ordinarily reasonably prudent person would

have acted under the same or similar circum?

stances.

(3) Nonmedical district school board personnel

shall not be allowed to perform invasive medical

services that require special medical knowledge,

nursing judgment, and nursing assessment,

including, but not limited to:

(a) Sterile catheterization.

(b) Nasogastric tube feeding.

and deep suctioning of a tracheostomy.

(4) Nonmedical assistive personnel shall be

allowed to perform health-related services upon

successful completion of child-specific training by a

registered nurse or advanced registered nurse

practitioner licensed under chapter 464, a physician

licensed pursuant to chapter 458 or chapter 459, or

a physician assistant licensed pursuant to chapter

458 or chapter 459. All procedures shall be moni?

tored periodically by a nurse, advanced registered

nurse practitioner, physician assistant, or physician,

including, but not limited to:

(a) Intermittent clean catheterization.

(b) Gastrostomy tube feeding.

(d) Administering emergency injectable

medication.

(5) For all other invasive medical services not

listed in this subsection, a registered nurse or

advanced registered nurse practitioner licensed

under chapter 464, a physician licensed pursuant to

chapter 458 or chapter 459, or a physician assistant

licensed pursuant to chapter 458 or chapter 459

shall determine if nonmedical district school board

personnel shall be allowed to perform such service.

(6) Each district school board shall establish

emergency procedures in accordance with s.

381.0056(5) for life-threatening emergencies.

(7) District school board personnel shall not

refer students to or offer students at school facilities

contraceptive services without the consent of a

parent or legal guardian. To the extent that this

subsection conflicts with any provision of chapter

381, the provisions of chapter 381 control.

History.—s. 274, ch. 2002-387.

1006.07 District school board duties relating to

student discipline and school safety.—

The

district school board shall provide for the proper

accounting for all students, for the attendance and

control of students at school, and for proper

attention to health, safety, and other matters

relating to the welfare of students, including:

(1) CONTROL OF STUDENTS.—

(a) Adopt rules for the control, discipline, in-

school suspension, suspension, and expulsion of

students 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

student’s parent 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

district school board may prohibit the use of

corporal punishment, if the district school board

adopts or has adopted a written program of

alternative control or discipline.

(b) Require each student at the time of initial

registration for school in the school district to note

previous school expulsions, arrests resulting in a

charge, and juvenile justice actions the student has

had, and have the authority as the district 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 district school board

or private school, or lab school, for an act which

would have been grounds for expulsion according

to the receiving district school board’s code of

student conduct, in accordance with the following

procedures:

1. A final order of expulsion shall be recorded

in the records of the receiving school district.

2. The expelled student applying for admission

to the receiving school district shall be advised of

the final order of expulsion.

3. The district school superintendent of the

receiving school district may recommend to the

district 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

district school board, with or without the recommen?

dation of the district school superintendent, the

student may be placed in an appropriate educa?

tional program at the direction of the district school

board.

(2) CODE OF STUDENT CONDUCT.—Adopt

a code of student conduct for elementary schools

and a code of student conduct for middle and high

schools and distribute the appropriate code to all

teachers, school personnel, students, and parents,

at the beginning of every school year. Each code

shall be organized and written in language that is

understandable to students and parents and shall

be discussed at the beginning of every school year

in student classes, school advisory council meet?

ings, and parent and teacher association or

organization meetings. Each code shall be based

on the rules governing student conduct and

discipline adopted by the district school board and

shall be made available in the student handbook or

similar publication. Each code shall include, but is

not limited to:

(a) Consistent policies and specific grounds for

disciplinary action, including in-school suspension,

out-of-school suspension, expulsion, and 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.

(b) Procedures to be followed for acts requir?

ing discipline, including corporal punishment.

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.

(d) 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 the 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.

(e) Notice that the possession of a firearm or

weapon as defined in chapter 790 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.

(f) Notice that violence against any district

school board 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.

(g) Notice that violation of district 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.

(h) Notice that violation of the district 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.

(i) Policies to be followed for the assignment of

violent or disruptive students to an alternative

educational program.

(j) Notice that any student who is determined

to have brought a firearm or weapon, as defined in

chapter 790, to school, to any school function, or

onto any school-sponsored transportation, or to

have possessed a firearm at school, 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 to the

criminal justice or juvenile justice system. District

school boards may assign the student to a disciplin?

ary program or second chance school for the

purpose of continuing educational services during

the period of expulsion. District school superinten?

dents may consider the 1-year expulsion require?

ment on a case-by-case basis and request the

district school board to modify the requirement by

assigning the student to a disciplinary program or

second chance school if the request for modifica?

tion is in writing and it is determined to be in the

best interest of the student and the school system.

(k) Notice that any student who is determined

to have made a threat or false report, as defined by

ss. 790.162 and 790.163, respectively, involving

school or school personnel’s property, school

transportation, or a school-sponsored activity 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. District 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.

District school superintendents may consider the 1?

year expulsion requirement on a case-by-case

basis and request the district school board to

modify the requirement by assigning the student to

a disciplinary program or second chance school if it

is determined to be in the best interest of the

student and the school system.

(3) STUDENT CRIME WATCH PROGRAM.—

By resolution of the district school board, implement

a student crime watch program to promote respon?

sibility among students and to assist in the control

of criminal behavior within the schools.

(4) EMERGENCY DRILLS; EMERGENCY

PROCEDURES.—

(a) Formulate and prescribe policies and

procedures for emergency drills and for actual

emergencies, including, but not limited to, fires,

natural disasters, and bomb threats, for all the

public schools of the district which comprise grades

K-12. District school board policies shall include

commonly used alarm system responses for

specific types of emergencies and verification by

each school that drills have been provided as

required by law and fire protection codes.

(b) The district school board shall establish

model emergency management and emergency

preparedness procedures for the following life-

threatening emergencies:

1. Weapon-use and hostage situations.

2. Hazardous materials or toxic chemical spills.

3. Weather emergencies, including hurricanes,

tornadoes, and severe storms.

4. Exposure as a result of a manmade

emergency.

(5) EDUCATIONAL SERVICES IN DETEN?

TION FACILITIES.—Offer educational services to

minors who have not graduated from high school

and eligible students with disabilities under the age

of 22 who have not graduated with a standard

diploma or its equivalent who are detained in a

county or municipal detention facility as defined in

s. 951.23. These educational services shall be

based upon the estimated length of time the

student will be in the facility and the student’s

current level of functioning. District school superin?

tendents or their designees shall be notified by the

county sheriff or chief correctional officer, or his or

her designee, upon the assignment of a student

under the age of 21 to the facility. A cooperative

agreement with the district school board and

applicable law enforcement units shall be devel?

oped to address the notification requirement and

the provision of educational services to these

students.

(6) SAFETY AND SECURITY BEST PRAC-

TICES.—Use the Safety and Security Best Prac?

tices developed by the Office of Program Policy

Analysis and Government Accountability to conduct

a self-assessment of the school districts’ current

safety and security practices. Based on these self-

assessment findings, the district school superinten?

dent shall provide recommendations to the district

school board which identify strategies and activities

that the district school board should implement in

order to improve school safety and security.

Annually each district school board must receive

the self-assessment results at a publicly noticed

district school board meeting to provide the public

an opportunity to hear the district school board

members discuss and take action on the report

findings. Each district school superintendent shall

report the self-assessment results and school

board action to the commissioner within 30 days

after the district school board meeting.

History.—s. 277, ch. 2002-387.

1006.08 District school superintendent duties

relating to student discipline and school

safety.—

(1) The district school superintendent shall

recommend plans to the district school board for

the proper accounting for all students of school age,

for the attendance and control of students at

school, for the proper attention to health, safety,

and other matters which will best promote the

welfare of students. When the district school

superintendent makes a recommendation for

expulsion to the district school board, he or she

shall give written notice to the student and the

student’s parent of the recommendation, setting

forth the charges against the student and advising

the student and his or her parent of the student’s

right to due process as prescribed by ss. 120.569

and 120.57(2). When district school board action on

a recommendation for the expulsion of a student is

pending, the district school superintendent may

extend the suspension assigned by the principal

beyond 10 school days if such suspension period

expires before the next regular or special meeting

of the district school board.

(2) Notwithstanding the provisions of s.

985.04(4) or any other provision of law to the

contrary, the court shall, within 48 hours of the

finding, notify the appropriate district school

superintendent of the name and address of any

student found to have committed a delinquent act,

or who has had adjudication of a delinquent act

withheld which, if committed by an adult, would be

a felony, or the name and address of any student

found guilty of a felony. Notification shall include the

specific delinquent act found to have been commit?

ted or for which adjudication was withheld, or the

specific felony for which the student was found

guilty.

(3) Except to the extent necessary to protect

the health, safety, and welfare of other students, the

information obtained by the district school superin?

tendent pursuant to this section may be released

only to appropriate school personnel or as other?

wise provided by law.

History.—s. 278, ch. 2002-387.

1006.09 Duties of school principal relating to

student discipline and school safety.—

(1)(a) Subject to law and to the rules of the

State Board of Education and the district school

board, the principal in charge of the school or the

principal’s designee shall develop policies for

delegating to any teacher or other member of the

instructional staff or to any bus driver transporting

students of the school responsibility for the control

and direction of students. The principal or the

principal’s designee shall consider the recommen?

dation for discipline made by a teacher, other

member of the instructional staff, or a bus driver

when making a decision regarding student referral

for discipline.

(b) The principal or the principal’s designee

may suspend a student only in accordance with the

rules of the district school board. The principal or

the principal’s designee shall make a good faith

effort to immediately inform a student’s parent by

telephone of a student’s suspension and the

reasons for the suspension. Each suspension and

the reasons for the suspension shall be reported in

writing within 24 hours to the student’s parent by

United States mail. Each suspension and the

reasons for the suspension shall also be reported in

writing within 24 hours to the district school

superintendent. A good faith effort shall be made by

the principal or the principal’s designee to employ

parental assistance or other alternative measures

prior to suspension, except in the case of emer?

gency or disruptive conditions which require

immediate suspension or in the case of a serious

breach of conduct as defined by rules of the district

school board. Such rules shall require oral and

written notice to the student of the charges and an

explanation of the evidence against him or her prior

to the suspension. Each student shall be given an

opportunity to present his or her side of the story.

No student shall be suspended for unexcused

tardiness, lateness, absence, or truancy. The

principal or the principal’s designee may suspend

any student transported to or from school at public

expense from the privilege of riding on a school bus

for violation of district school board transportation

policies, which shall include a policy regarding

behavior at school bus stops, and the principal or

the principal’s designee shall give notice in writing

to the student’s parent and to the district school

superintendent within 24 hours. School personnel

shall not be held legally responsible for suspen?

sions of students made in good faith.

may recommend to the district school superinten?

dent the expulsion of any student who has commit?

ted a serious breach of conduct, including, but not

limited to, willful disobedience, open defiance of

authority of a member of his or her staff, violence

against persons or property, or any other act which

substantially disrupts the orderly conduct of the

school. A recommendation of expulsion or assign?

ment to a second chance school may also be made

for any student found to have intentionally made

false accusations that jeopardize the professional

reputation, employment, or professional certification

of a teacher or other member of the school staff,

according to the district school board code of

student conduct. Any recommendation of expulsion

shall include a detailed report by the principal or the

principal’s designated representative on the

alternative measures taken prior to the recommen?

dation of expulsion.

(d) The principal or the principal’s designee

shall include an analysis of suspensions and

expulsions in the annual report of school progress.

(2) Suspension proceedings, pursuant to rules

of the State Board of Education, may be initiated

against any enrolled student who is formally

charged with a felony, or with a delinquent act

which would be a felony if committed by an adult,

by a proper prosecuting attorney for an incident

which allegedly occurred on property other than

public school property, if that incident is shown, in

an administrative hearing with notice provided to

the parents of the student by the principal of the

school pursuant to rules adopted by the State

Board of Education and to rules developed pursu?

ant to s. 1001.54, to have an adverse impact on the

educational program, discipline, or welfare in the

school in which the student is enrolled. Any student

who is suspended as the result of such proceedings

may be suspended from all classes of instruction on

public school grounds during regular classroom

hours for a period of time, which may exceed 10

days, as determined by the district school superin?

tendent. The suspension shall not affect the delivery

of educational services to the student, and the

student shall be immediately enrolled in a daytime

alternative education program, or an evening

alternative education program, where appropriate. If

the court determines that the student did commit

the felony or delinquent act which would have been

a felony if committed by an adult, the district school

board may expel the student, provided that expul?

sion under this subsection shall not affect the

delivery of educational services to the student in

any residential, nonresidential, alternative, daytime,

or evening program outside of the regular school

setting. Any student who is subject to discipline or

expulsion for unlawful possession or use of any

substance controlled under chapter 893 may be

entitled to a waiver of the discipline or expulsion:

(a) If the student divulges information leading

to the arrest and conviction of the person who

supplied the controlled substance to him or her, or if

the student voluntarily discloses his or her unlawful

possession of the controlled substance prior to his

or her arrest. Any information divulged which leads

to arrest and conviction is not admissible in

evidence in a subsequent criminal trial against the

student divulging the information.

(b) If the student commits himself or herself, or

is referred by the court in lieu of sentence, to a

state-licensed drug abuse program and success?

fully completes the program.

(3) A student may be disciplined or expelled

for unlawful possession or use of any substance

controlled under chapter 893 upon the third

violation of this provision.

(4) When a student has been the victim of a

violent crime perpetrated by another student who

attends the same school, the school principal shall

make full and effective use of the provisions of

subsection (2) and s. 1006.13(5). A school principal

who fails to comply with this subsection shall be

ineligible for any portion of the performance pay

policy incentive under s. 1012.22(1)(c). However, if

any party responsible for notification fails to

properly notify the school, the school principal shall

be eligible for the incentive.

(5) Any recommendation for the suspension or

expulsion of a student with a disability must be

made in accordance with rules adopted by the

State Board of Education.

(6) Each school principal must ensure that

standardized forms prescribed by rule of the State

Board of Education are used to report data con?

cerning school safety and discipline to the depart?

ment. The school principal must develop a plan to

verify the accuracy of reported incidents.

(7) The State Board of Education shall adopt

by rule a standardized form to be used by each

school principal to report data concerning school

safety and discipline.

(8) The school principal shall require all school

personnel to report to the principal or principal’s

designee any suspected unlawful use, possession,

or sale by a student of any controlled substance, as

defined in s. 893.02; any counterfeit controlled

substance, as defined in s. 831.31; any alcoholic

beverage, as defined in s. 561.01(4); or model glue.

School personnel are exempt from civil liability

when reporting in good faith to the proper school

authority such suspected unlawful use, possession,

or sale by a student. Only a principal or principal’s

designee is authorized to contact a parent or legal

guardian of a student regarding this situation.

Reports made and verified under this subsection

shall be forwarded to an appropriate agency. The

principal or principal’s designee shall timely notify

the student’s parent that a verified report made

under this subsection with respect to the student

has been made and forwarded.

(9) A school principal or a school employee

designated by the principal, if she or he has

reasonable suspicion that a prohibited or illegally

possessed substance or object is contained within

a student’s locker or other storage area, may

search the locker or storage area. The district

school board shall require and each school princi?

pal shall cause to be posted in each public K-12

school, in a place readily seen by students, a notice

stating that a student’s locker or other storage area

is subject to search, upon reasonable suspicion, for

prohibited or illegally possessed substances or

objects. This subsection does not prohibit the use of

metal detectors or specially trained animals in the

course of a search for illegally possessed sub?

stances or objects.

History.—s. 279, ch. 2002-387.

1006.13 Policy of zero tolerance for crime and

victimization.—

(1) Each district school board shall adopt a

policy of zero tolerance for:

(a) Crime and substance abuse, including the

reporting of delinquent acts and crimes occurring

whenever and wherever students are under the

jurisdiction of the district school board.

(b) Victimization of students, including taking

all steps necessary to protect the victim of any

violent crime from any further victimization.

(2) The zero tolerance policy shall require

students found to have committed one of the

following offenses to 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 to be referred to the criminal justice or

juvenile justice system.

(a) Bringing a firearm or weapon, as defined in

chapter 790, to school, to any school function, or

onto any school-sponsored transportation or

possessing a firearm at school.

(b) Making a threat or false report, as defined

by ss. 790.162 and 790.163, respectively, involving

school or school personnel’s property, school

transportation, or a school-sponsored activity.

District school boards may assign the student

to a disciplinary program for the purpose of

continuing educational services during the period of

expulsion. District school superintendents may

consider the 1-year expulsion requirement on a

case-by-case basis and request the district school

board to modify the requirement by assigning the

student to a disciplinary program or second chance

school if the request for modification is in writing

and it is determined to be in the best interest of the

student and the school system. If a student commit?

ting any of the offenses in this subsection is a

student with a disability, the district school board

shall comply with applicable State Board of Educa?

tion rules.

(3) Each district school board shall enter into

agreements with the county sheriff’s office and local

police department specifying guidelines for ensur?

ing that felonies and violent misdemeanors,

whether committed by a student or adult, and

delinquent acts that would be felonies or violent

misdemeanors if committed by an adult, are

reported to law enforcement. Each district school

board shall adopt a cooperative agreement,

pursuant to s. 1003.52(13) with the Department of

Juvenile Justice, that specifies guidelines for

ensuring that all no contact orders entered by the

court are reported and enforced and that all steps

necessary are taken to protect the victim of any

such crime. Such agreements shall include the role

of school resource officers, if applicable, in handling

reported incidents, special circumstances in which

school officials may handle incidents without filing a

report to law enforcement, and a procedure for

ensuring that school personnel properly report

appropriate delinquent acts and crimes. The school

principal shall be responsible for ensuring that all

school personnel are properly informed as to their

responsibilities regarding crime reporting, that

appropriate delinquent acts and crimes are properly

reported, and that actions taken in cases with

special circumstances are properly taken and

documented.

(4) Notwithstanding any other provision of law,

each district school board shall adopt rules provid?

ing that any student found to have committed a

violation of s. 784.081(1), (2), or (3) shall be

expelled or placed in an alternative school setting

or other program, as appropriate. Upon being

charged with the offense, the student shall be

removed from the classroom immediately and

placed in an alternative school setting pending

disposition.

(5)(a) Notwithstanding any provision of law

prohibiting the disclosure of the identity of a minor,

whenever any student who is attending public

school is adjudicated guilty of or delinquent for, or is

found to have committed, regardless of whether

adjudication is withheld, or pleads guilty or nolo

contendere to, a felony violation of:

1. Chapter 782, relating to homicide;

2. Chapter 784, relating to assault, battery,

and culpable negligence;

3. Chapter 787, relating to kidnapping, false

imprisonment, luring or enticing a child, and

custody offenses;

4. Chapter 794, relating to sexual battery;

5. Chapter 800, relating to lewdness and

indecent exposure;

6. Chapter 827, relating to abuse of children;

7. Section 812.13, relating to robbery;

8. Section 812.131, relating to robbery by

sudden snatching;

9. Section 812.133, relating to carjacking; or

10. Section 812.135, relating to home-invasion

robbery, and, before or at the time of such adjudica?

tion, withholding of adjudication, or plea, the

offender was attending a school attended by the

victim or a sibling of the victim of the offense, the

Department of Juvenile Justice shall notify the

appropriate district school board of the adjudication

or plea, the requirements of this paragraph, and

whether the offender is prohibited from attending

that school or riding on a school bus whenever the

victim or a sibling of the victim is attending the

same school or riding on the same school bus,

except as provided pursuant to a written disposition

order under s. 985.23(1)(d). Upon receipt of such

notice, the district school board shall take appropri?

ate action to effectuate the provisions of paragraph

(b).

(b) Any offender described in paragraph (a),

who is not exempted as provided in paragraph (a),

shall not attend any school attended by the victim

or a sibling of the victim of the offense or ride on a

school bus on which the victim or a sibling of the

victim is riding. The offender shall be permitted by

the district school board to attend another school

within the district in which the offender resides,

provided the other school is not attended by the

victim or sibling of the victim of the offense; or the

offender may be permitted by another district

school board to attend a school in that district if the

offender is unable to attend any school in the

district in which the offender resides.

school in the district in which the offender resides

and is prohibited from attending school in another

school district, the district school board in the

school district in which the offender resides shall

take every reasonable precaution to keep the

offender separated from the victim while on school

grounds or on school transportation. The steps to

be taken by a district school board to keep the

offender separated from the victim shall include, but

are not limited to, in-school suspension of the

offender and the scheduling of classes, lunch, or

other school activities of the victim and the offender

so as not to coincide.

(d) The offender, or the parents of the offender

if the offender is a juvenile, shall be responsible for

arranging and paying for transportation associated

with or required by the offender’s attending another

school or that would be required as a consequence

of the prohibition against riding on a school bus on

which the victim or a sibling of the victim is riding.

However, the offender or the parents of the offender

shall not be charged for existing modes of transpor?

tation that can be used by the offender at no

additional cost to the district school board.

History.—s. 283, ch. 2002-387.

1006.15 Student standards for participation in

interscholastic extracurricular student activities;

regulation.—

(1) This section may be cited as the “Craig

Dickinson Act.”

(2) Interscholastic extracurricular student

activities are an important complement to the

academic curriculum. Participation in a comprehen?

sive extracurricular and academic program contrib?

utes to student development of the social and

intellectual skills necessary to become a well-

rounded adult. As used in this section, the term

“extracurricular” means any school-authorized or

education-related activity occurring during or

outside the regular instructional school day.

(3)(a) To be eligible to participate in interscho?

lastic extracurricular student activities, a student

must:

1. Maintain a grade point average of 2.0 or

above on a 4.0 scale, or its equivalent, in the

previous semester or a cumulative grade point

average of 2.0 or above on a 4.0 scale, or its

equivalent, in the courses required by s. 1003.43(1).

2. Execute and fulfill the requirements of an

academic performance contract between the

student, the district school board, the appropriate

governing association, and the student’s parents, if

the student’s cumulative grade point average falls

below 2.0, or its equivalent, on a 4.0 scale in the

courses required by s. 1003.43(1) or, for students

who entered the 9th grade prior to the 1997-1998

school year, if the student’s cumulative grade point

average falls below 2.0 on a 4.0 scale, or its

equivalent, in the courses required by s. 1003.43(1)

that are taken after July 1, 1997. At a minimum, the

contract must require that the student attend

summer school, or its graded equivalent, between

grades 9 and 10 or grades 10 and 11, as necessary.

3. Have a cumulative grade point average of

2.0 or above on a 4.0 scale, or its equivalent, in the

courses required by s. 1003.43(1) during his or her

junior or senior year.

4. Maintain satisfactory conduct and, if a

student is convicted of, or is found to have commit?

ted, a felony or a delinquent act which would have

been a felony if committed by an adult, regardless

of whether adjudication is withheld, the student’s

participation in interscholastic extracurricular

activities is contingent upon established and

published district school board policy.

(b) Any student who is exempt from attending

a full school day based on rules adopted by the

district school board for double session schools or

programs, experimental schools, or schools

operating under emergency conditions must

maintain the grade point average required by this

section and pass each class for which he or she is

enrolled.

eligible to participate at the public school to which

the student would be assigned according to district

school board attendance area policies or which the

student could choose to attend pursuant to district

or interdistrict controlled open enrollment provi?

sions, or may develop an agreement to participate

at a private school, in the interscholastic extracur?

ricular activities of that school, provided the

following conditions are met:

1. The home education student must meet the

requirements of the home education program

pursuant to s. 1002.41.

2. During the period of participation at a

school, the home education student must demon?

strate educational progress as required in para?

graph (b) in all subjects taken in the home educa?

tion program by a method of evaluation agreed

upon by the parent and the school principal which

may include: review of the student’s work by a

certified teacher chosen by the parent; grades

earned through correspondence; grades earned in

courses taken at a community college, university, or

trade school; standardized test scores above the

35th percentile; or any other method designated in

s. 1002.41. 3. The home education student

must meet the same residency requirements as

other students in the school at which he or she

participates.

4. The home education student must meet the

same standards of acceptance, behavior, and

performance as required of other students in

extracurricular activities.

5. The student must register with the school

his or her intent to participate in interscholastic

extracurricular activities as a representative of the

school before the beginning date of the season for

the activity in which he or she wishes to participate.

A home education student must be able to partici?

pate in curricular activities if that is a requirement

for an extracurricular activity.

6. A student who transfers from a home

education program to a public school before or

during the first grading period of the school year is

academically eligible to participate in interscholas?

tic extracurricular activities during the first grading

period provided the student has a successful

evaluation from the previous school year, pursuant

to subparagraph 2.

7. Any public school or private school student

who has been unable to maintain academic

eligibility for participation in interscholastic extracur?

ricular activities is ineligible to participate in such

activities as a home education student until the

student has successfully completed one grading

period in home education pursuant to subpara?

graph 2. to become eligible to participate as a

home education student.

(d) An individual charter school student

pursuant to s. 1002.33 is eligible to participate at

the public school to which the student would be

assigned according to district school board

attendance area policies or which the student could

choose to attend, pursuant to district or interdistrict

controlled open-enrollment provisions, in any

interscholastic extracurricular activity of that school,

unless such activity is provided by the student’s

charter school, if the following conditions are met:

1. The charter school student must meet the

requirements of the charter school education

program as determined by the charter school

governing board.

2. During the period of participation at a

school, the charter school student must demon?

strate educational progress as required in para?

graph (b).

3. The charter school student must meet the

same residency requirements as other students in

the school at which he or she participates.

4. The charter school student must meet the

same standards of acceptance, behavior, and

performance that are required of other students in

extracurricular activities.

5. The charter school student must register

with the school his or her intent to participate in

interscholastic extracurricular activities as a

representative of the school before the beginning

date of the season for the activity in which he or

she wishes to participate. A charter school student

must be able to participate in curricular activities if

that is a requirement for an extracurricular activity.

6. A student who transfers from a charter

school program to a traditional public school before

or during the first grading period of the school year

is academically eligible to participate in interscho?

lastic extracurricular activities during the first

grading period if the student has a successful

evaluation from the previous school year, pursuant

to subparagraph 2.

7. Any public school or private school student

who has been unable to maintain academic

eligibility for participation in interscholastic extracur?

ricular activities is ineligible to participate in such

activities as a charter school student until the

student has successfully completed one grading

period in a charter school pursuant to subpara?

graph 2. to become eligible to participate as a

charter school student.

(4) The student standards for participation in

interscholastic extracurricular activities must be

applied beginning with the student’s first semester

of the 9th grade. Each student must meet such

other requirements for participation as may be

established by the district school board; however, a

district school board may not establish require?

ments for participation in interscholastic extracur?

ricular activities which make participation in such

activities less accessible to home education

students than to other students. Except as set forth

in paragraph (3)(c), evaluation processes or

requirements that are placed on home education

student participants may not go beyond those that

apply under s. 1002.41 to home education students

generally.

(5) Any organization or entity that regulates or

governs interscholastic extracurricular activities of

public schools:

(a) Shall permit home education associations

to join as member schools.

(b) Shall not discriminate against any eligible

student based on an educational choice of public,

private, or home education.

(6) Public schools are prohibited from mem?

bership in any organization or entity which regu?

lates or governs interscholastic extracurricular

activities and discriminates against eligible students

in public, private, or home education.

(7) Any insurance provided by district school

boards for participants in extracurricular activities

shall cover the participating home education

student. If there is an additional premium for such

coverage, the participating home education student

shall pay the premium.

History.—s. 288, ch. 2002-387.

1006.21 Duties of district school superinten?

dent and district school board regarding

transportation.—

(1) The district school superintendent shall

ascertain which students should be transported to

school or to school activities, determine the most

effective arrangement of transportation routes to

accommodate these students; recommend such

routing to the district school board; recommend

plans and procedures for providing facilities for the

economical and safe transportation of students;

recommend such rules and regulations as may be

necessary and see that all rules and regulations

relating to the transportation of students approved

by the district school board, as well as regulations

of the state board, are properly carried into effect,

as prescribed in this chapter.

(2) After considering recommendations of the

district school superintendent, the district school

board shall make provision for the transportation of

students to the public schools or school activities

they are required or expected to attend; authorize

transportation routes arranged efficiently and

economically; provide the necessary transportation

facilities, and, when authorized under rules of the

State Board of Education and if more economical to

do so, provide limited subsistence in lieu thereof;

and adopt the necessary rules and regulations to

ensure safety, economy, and efficiency in the

operation of all buses, as prescribed in this chapter.

(3) District school boards, after considering

recommendations of the district school superinten?

dent:

(a) Shall provide transportation for each

student in prekindergarten disability programs and

in kindergarten through grade 12 membership in a

public school when, and only when, transportation

is necessary to provide adequate educational

facilities and opportunities which otherwise would

not be available and to transport students whose

homes are more than a reasonable walking

distance, as defined by rules of the State Board of

Education, from the nearest appropriate school.

(b) Shall provide transportation for public

elementary school students in membership whose

grade level does not exceed grade 6, and may

provide transportation for public school students in

membership in grades 7 through 12, if such

students are subjected to hazardous walking

conditions as provided in s. 1006.23 while en route

to or from school.

school migrant, exceptional, nursery, and other

public school students in membership below

kindergarten; kindergarten through grade 12

students in membership in a public school; and

adult students in membership in adult career and

technical, basic, and high school graduation

programs in a public school when, and only when,

transportation is necessary to provide adequate

educational facilities and opportunities which

otherwise would not be available.

(d) May provide transportation for the transpor?

tation disadvantaged as defined in s. 427.011 and

for other school-age children as provided for in s.

1006.261.

(e) Shall provide necessary transportation to

pregnant students or student parents, and the

children of those students, when the district school

board operates a teenage parent program pursuant

to s. 1003.54.

(f) May provide transportation for other

persons to events or activities in which the district

school board or school has agreed to participate or

cosponsor. The district school board shall adopt a

policy to address liability for trips pursuant to this

paragraph.

(g) May provide transportation for welfare

transition program participants as defined in s.

414.0252.

(4) In each case in which transportation of

students is impracticable in the opinion of the

district school board, the district school board may

take steps for making available educational facilities

as are authorized by law or rule of the State Board

of Education and as, in the opinion of the district

school board, are practical.

History.—s. 295, ch. 2002-387.

1006.22 Safety and health of students being

transported.—

Maximum regard for safety and

adequate protection of health are primary require?

ments that must be observed by district school

boards in routing buses, appointing drivers, and

providing and operating equipment, in accordance

with all requirements of law and rules of the State

Board of Education in providing transportation

pursuant to s. 1006.21:

(1) District school boards shall use school

buses, as defined in s. 1006.25, for all regular

transportation. Regular transportation or regular

use means transportation of students to and from

school or school-related activities that are part of a

scheduled series or sequence of events to the

same location. “Students” means, for the purposes

of this section, students enrolled in the public

schools in prekindergarten disability programs and

in kindergarten through grade 12. District school

boards may regularly use motor vehicles other than

school buses only under the following conditions:

(a) When the transportation is for physically

handicapped or isolated students and the district

school board has elected to provide for the trans?

portation of the student through written or oral

contracts or agreements.

(b) When the transportation is a part of a

comprehensive contract for a specialized educa?

tional program between a district school board and

a service provider who provides instruction,

transportation, and other services.

through a public transit system.

(d) When the transportation of students is

necessary or practical in a motor vehicle owned or

operated by a district school board other than a

school bus, such transportation must be provided in

designated seating positions in a passenger car not

to exceed 8 students or in a multipurpose passen?

ger vehicle designed to transport 10 or fewer

persons which meets all applicable federal motor

vehicle safety standards. Multipurpose passenger

vehicles classified as utility vehicles with a wheel?

base of 110 inches or less which are required by

federal motor vehicle standards to display a rollover

warning label may not be used.

When students are transported in motor

vehicles, the occupant crash protection system

provided by the vehicle manufacturer must be used

unless the student’s physical condition prohibits

such use.

(2) Except as provided in subsection (1),

district school boards may authorize the transporta?

tion of students in privately owned motor vehicles

on a case-by-case basis only in the following

circumstances:

(a) When a student is ill or injured and must be

taken home or to a medical treatment facility under

nonemergency circumstances; and

1. The school has been unable to contact the

student’s parent or the parent or responsible adult

designated by the parent is not available to provide

the transportation;

2. Proper adult supervision of the student is

available at the location to which the student is

being transported;

3. The transportation is approved by the school

principal, or a school administrator designated by

the principal to grant or deny such approval, or in

the absence of the principal and designee, by the

highest ranking school administrator or teacher

available under the circumstances; and

4. If the school has been unable to contact the

parent prior to the transportation, the school shall

continue to seek to contact the parent until the

school is able to notify the parent of the transporta?

tion and the pertinent circumstances.

(b) When the transportation is in connection

with a school function or event regarding which the

district school board or school has undertaken to

participate or to sponsor or provide the participation

of students; and

1. The function or event is a single event that is

not part of a scheduled series or sequence of

events to the same location, such as, but not limited

to, a field trip, a recreational outing, an interscholas?

tic competition or cooperative event, an event

connected with an extracurricular activity offered by

the school, or an event connected to an educational

program, such as, but not limited to, a job interview

as part of a cooperative education program;

2. Transportation is not available, as a practical

matter, using a school bus or school district

passenger car; and

3. Each student’s parent is notified, in writing,

regarding the transportation arrangement and gives

written consent before a student is transported in a

privately owned motor vehicle.

employees such as school social workers and

attendance officers to use their own motor vehicles

to perform duties of employment, and such duties

include the occasional transportation of students.

(3) When approval is granted for the transpor?

tation of students in a privately owned vehicle, the

provisions of s. 1006.24 regarding liability for tort

claims are applicable. District school board employ?

ees who provide approved transportation in

privately owned vehicles are acting within the scope

of their employment. Parents or other responsible

adults who provide approved transportation in

privately owned vehicles have the same exposure

to, and protections from, risks of personal liability

as do district school board employees acting within

the scope of their employment.

(4) Each district school board may establish

policies that restrict the use of privately owned

motor vehicles to circumstances that are more

limited than are described in this section or that

prohibit such use. Each district school board may

establish written policies that provide for more

extensive requirements for approval, parental

notification and consent procedures, insurance

coverage, driver qualifications, or a combination of

these.

(5) When transportation is authorized in

privately owned vehicles, students may be trans?

ported only in designated seating positions and

must use the occupant crash protection system

provided by the vehicle manufacturer.

(6) District school boards may contract with a

common carrier to transport students to and from

in-season and postseason athletic contests and to

and from a school function or event in which the

district school board or a school has undertaken to

participate or to provide for or sponsor the partici?

pation of students.

(7) Transportation for adult students may be

provided by any appropriate means as authorized

by the district school board when the transportation

is accepted as a responsibility by the district school

board as provided in s. 1006.21.

(8) Notwithstanding any other provision of this

section, in an emergency situation that constitutes

an imminent threat to student health or safety,

school personnel may take whatever action is

necessary under the circumstances to protect

student health and safety.

(9) Except as provided in s. 1006.261, trans?

portation is not the responsibility of the district

school board in connection with any event or

activity that is not an event or activity offered by the

district school board or an event or an activity in

which the district school board or school has

agreed to participate, cosponsor, or require the

participation of students, and the district school

board has no liability for transportation arranged

and provided by parents or other parties to such

events or activities.

(10) Each district school board shall designate

and adopt a specific plan for adequate examination,

maintenance, and repair of transportation equip?

ment. Examination of the mechanical and safety

condition of each school bus must be made as

required pursuant to rule of the State Board of

Education. The State Board of Education shall base

the rule on student safety considerations.

(11) The district school superintendent shall

notify the district school board of any school bus

that does not meet all requirements of law and rules

of the State Board of Education, and the district

school board shall, if the school bus is in an unsafe

condition, withdraw it from use as a school bus until

the bus meets the requirements. The department

may inspect or have inspected any school bus to

determine whether the bus meets requirements of

law and rules of the State Board of Education. The

department may, after due notice to a district school

board that any school bus does not meet certain

requirements of law and rules of the State Board of

Education, rule that the bus must be withdrawn

from use as a school bus, this ruling to be effective

immediately or upon a date specified in the ruling,

whereupon the district school board shall withdraw

the school bus from use as a school bus until it

meets requirements of law and rules of the State

Board of Education and until the department has

officially revoked the pertinent ruling. Notwithstand?

ing any other provisions of this chapter, general

purpose urban transit systems are declared

qualified to transport students to and from school.

(12)(a) The routing and scheduling of school

buses must be planned to eliminate the necessity

for students to stand while a school bus is in

motion. When circumstances of an emergency

nature, as defined by written district school board

policy, temporarily require transporting students on

school buses in excess of the rated seating

capacity, the buses must proceed at a reduced rate

of speed to maximize safety of the students, taking

into account existing traffic conditions. Each district

school board is responsible for prompt relief of the

emergency condition by providing additional

equipment, bus rerouting, bus rescheduling, or

other appropriate remedial action, and must

maintain written district school board policies to

address such situations.

(b) Each district school board, after consider?

ing recommendations from the district school

superintendent, shall designate, by map or other?

wise, or shall provide by district school board rule

for the designation of, nontransportation zones that

are composed of all areas in the school district from

which it is unnecessary or impracticable to furnish

transportation. Nontransportation zones must be

designated annually before the opening of school

and the designation of bus routes for the succeed?

ing school year. Each district school board, after

considering recommendations from the district

school superintendent, shall specifically designate,

or shall provide by district school board rule for the

designation of, specific routes to be traveled

regularly by school buses, and each route must

meet the requirements prescribed by rules of the

State Board of Education.

school bus stops, or provide by district school board

rule for the establishment of school bus stops, as

necessary at the most reasonably safe locations

available. Where unusual traffic hazards exist at

school bus stops on roads maintained by the state

outside of municipalities, the Department of

Transportation, in concurrence and cooperation

with and upon request of the district school board,

shall place signs at such bus stops warning

motorists of the location of the stops.

(13) The State Board of Education may adopt

rules to implement this section as are necessary or

desirable in the interest of student health and

safety.

History.—s. 296, ch. 2002-387.

1006.28 Duties of district school board, district

school superintendent; and school principal

regarding K-12 instructional materials.—

(1) DISTRICT SCHOOL BOARD.—The district

school board has the duty to provide adequate

instructional materials for all students in accor?

dance with the requirements of this part. The term

“adequate instructional materials” means a suffi?

cient number of textbooks or sets of materials

serving as the basis for instruction for each student

in the core courses of mathematics, language arts,

social studies, science, reading, and literature,

except for instruction for which the school advisory

council approves the use of a program that does

not include a textbook as a major tool of instruction.

The district school board has the following specific

duties:

(a) Courses of study; adoption.—Adopt

courses of study for use in the schools of the

district.

(b) Textbooks.—Provide for proper requisition?

ing, distribution, accounting, storage, care, and use

of all instructional materials furnished by the state

and furnish such other instructional materials as

may be needed. The district school board shall

assure that instructional materials used in the

district are consistent with the district goals and

objectives and the curriculum frameworks adopted

by rule of the State Board of Education, as well as

with the state and district performance standards

provided for in s. 1001.03(1).

such other teaching accessories and aids as are

needed for the school district’s educational pro?

gram.

(d) School library media services; establish?

ment and maintenance.—Establish and maintain a

program of school library media services for all

public schools in the district, including school library

media centers, or school library media centers open

to the public, and, in addition such traveling or

circulating libraries as may be needed for the

proper operation of the district school system.

(2) DISTRICT SCHOOL SUPERINTEN?

DENT.—

(a) The district school superintendent has the

duty to recommend such plans for improving,

providing, distributing, accounting for, and caring for

textbooks and other instructional aids as will result

in general improvement of the district school

system, as prescribed in this part, in accordance

with adopted district school board rules prescribing

the duties and responsibilities of the district school

superintendent regarding the requisition, purchase,

receipt, storage, distribution, use, conservation,

records, and reports of, and management practices

and property accountability concerning, instruc?

tional materials, and providing for an evaluation of

any instructional materials to be requisitioned that

have not been used previously in the district’s

schools. The district school superintendent must

keep adequate records and accounts for all

financial transactions for funds collected pursuant

to subsection (3), as a component of the educa?

tional service delivery scope in a school district

best financial management practices review under

s. 1008.35.

(b) Each district school superintendent shall

notify the department by April 1 of each year the

state-adopted instructional materials that will be

requisitioned for use in his or her school district.

The notification shall include a district school board

plan for instructional materials use to assist in

determining if adequate instructional materials have

been requisitioned.

(3) SCHOOL PRINCIPAL.—The school

principal has the following duties for the manage?

ment and care of instructional materials at the

school:

(a) Proper use of instructional materials.—The

principal shall assure that instructional materials

are used to provide instruction to students enrolled

at the grade level or levels for which the materials

are designed, pursuant to adopted district school

board rule. The school principal shall communicate

to parents the manner in which instructional

materials are used to implement the curricular

objectives of the school.

(b) Money collected for lost or damaged

books; enforcement.—The school principal shall

collect from each student or the student’s parent

the purchase price of any instructional material the

student has lost, destroyed, or unnecessarily

damaged and to report and transmit the money

collected to the district school superintendent. If

instructional materials lost, destroyed, or damaged

have been in school use for more than 1 year, a

sum ranging between 50 and 75 percent of the

purchase price of the book shall be collected,

determined by the physical condition of the book.

The failure to collect such sum upon reasonable

effort by the school principal may result in the

suspension of the student from participation in

extracurricular activities or satisfaction of the debt

by the student through community service activities

at the school site as determined by the school

principal, pursuant to policies adopted by district

school board rule.

principal, upon request of the parent of a student in

the school, shall sell to the parent any instructional

materials used in the school. All such sales shall be

made pursuant to rule adopted by the district

school board, and the principal shall annually

provide information to parents that they may

purchase instructional materials and how to

purchase the materials.

(d) Disposition of funds.—All money collected

from the sale, exchange, loss, or damage of

instructional materials shall be transmitted to the

district school superintendent to be deposited in the

district school board fund and added to the district

appropriation for instructional materials.

(e) Accounting for textbooks.—Principals shall

see that all books are fully and properly accounted

for as prescribed by adopted rules of the district

school board.

History.—s. 303, ch. 2002-387.

1006.38 Duties, responsibilities, and require?

ments of instructional materials publishers and

manufacturers.—

Publishers and manufacturers of

instructional materials, or their representatives,

shall:

(1) Comply with all provisions of this part.

(2) Deliver fully developed specimen copies of

all instructional materials upon which bids are

based to each member of a state instructional

materials committee. At the conclusion of the

review process, manufacturers submitting samples

of instructional materials are entitled to the return

thereof, at the expense of the manufacturers; or, in

the alternative, the manufacturers are entitled to

reimbursement by the individual committee mem?

bers for the retail value of the samples.

(3) Submit, at a time designated in s. 1006.33,

the following information:

(a) Detailed specifications of the physical

characteristics of the instructional materials. The

publisher or manufacturer shall comply with these

specifications if the instructional materials are

adopted and purchased in completed form.

(b) Written proof that the publisher has

provided written correlations to appropriate curricu?

lar objectives included within applicable perfor?

mance standards provided for in s. 1001.03(1).

(4) Make available for purchase by any district

school board any diagnostic, criterion-referenced,

or other tests that they may develop.

(5) Furnish the instructional materials offered

by them at a price in the state which, including all

costs of transportation to their depositories, shall

not exceed the lowest price at which they offer such

instructional materials for adoption or sale to any

state or school district in the United States.

(6) Reduce automatically the price of the

instructional materials to any district school board

to the extent that reductions are made elsewhere in

the United States.

(7) Provide any instructional materials free of

charge in the state to the same extent as they are

provided free of charge to any state or school

district in the United States.

(8) Guarantee that all copies of any instruc?

tional materials sold in this state will be at least

equal in quality to the copies of such instructional

materials that are sold elsewhere in the United

States and will be kept revised, free from all errors,

and up-to-date as may be required by the depart?

ment.

(9) Agree that any supplementary material

developed at the district or state level does not

violate the author’s or publisher’s copyright,

provided such material is developed in accordance

with the doctrine of fair use.

(10) Not in any way, directly or indirectly,

become associated or connected with any combi?

nation in restraint of trade in instructional materials,

nor enter into any understanding, agreement, or

combination to control prices or restrict competition

in the sale of instructional materials for use in the

state.

(11) Maintain or contract with a depository in

the state.

(12) For the core subject areas specified in s.

1006.40(2), maintain in the depository for the first 2

years of the contract an inventory of instructional

materials sufficient to receive and fill orders.

(13) For the core subject areas specified in s.

1006.40(2), ensure the availability of an inventory

sufficient to receive and fill orders for instructional

materials for growth, including the opening of a new

school, and replacement during the 3rd and

subsequent years of the original contract period.

(14) For all other subject areas, maintain in the

depository an inventory of instructional materials

sufficient to receive and fill orders.

(15) Accurately and fully disclose only the

names of those persons who actually authored the

instructional materials. In addition to the penalties

provided in subsection (17), the commissioner may

remove from the list of state-adopted instructional

materials those instructional materials whose

publisher or manufacturer misleads the purchaser

by falsely representing genuine authorship.

(16) Grant, without prior written request, for

any copyright held by the publisher or its agencies

automatic permission to the department or its

agencies for the reproduction of textbooks and

supplementary materials in braille or large print or

in the form of sound recordings, for use by visually

impaired students or other students with disabilities

that would benefit from use of the materials.

(17) Upon the willful failure of the publisher or

manufacturer to comply with the requirements of

this section, be liable to the department in the

amount of 3 times the total sum which the publisher

or manufacturer was paid in excess of the price

required under subsections (5) and (6) and in the

amount of 3 times the total value of the instructional

materials and services which the district school

board is entitled to receive free of charge under

subsection (7).

History.—s. 313, ch. 2002-387.

1006.43 Expenses; budget request.—

(1) The commissioner shall include in the

department’s annual legislative budget a request for

funds in an amount sufficient to provide the

necessary expense for:

(a) The instructional materials committees.

(b) Instructional materials for use by partially

sighted students.

expenses with regard to the instructional materials

program.

(2) The department may arrange for distribu?

tion adopted textbooks which are prepared in

various media for the use of partially sighted

children enrolled in the Florida schools.

History.—s. 318, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1007?

Articulation and Access?

1007.21 Readiness for postsecondary educa?

tion and the workplace.—

(1) It is the intent of the Legislature that

students and parents set early achievement and

career goals for the student’s post-high school

experience. This section sets forth a model which

schools, through their school advisory councils,

may choose to implement to ensure that students

are ready for postsecondary education and the

workplace. If such a program is adopted, students

and their parents shall have the option of participat?

ing in this model to plan the student’s secondary

level course of study. Parents and students are to

become partners with school personnel in educa?

tional choice. Clear academic course expectations

shall be made available to all students by allowing

both student and parent or guardian choice.

(2)(a) Students entering the 9th grade and

their parents shall be active participants in choosing

an end-of-high-school student destination based

upon both student and parent or guardian goals.

Four or more destinations should be available with

bridges between destinations to enable students to

shift destinations should they choose to change

goals. The destinations shall accommodate the

needs of students served in exceptional education

programs to the extent appropriate for individual

students. Exceptional education students may

continue to follow the courses outlined in the district

school board student progression plan. Participating

students and their parents shall choose among

destinations, which must include:

1. Four-year college or university, community

college plus university, or military academy.

2. Two-year postsecondary degree.

3. Postsecondary career and technical

certificate.

4. Immediate employment or entry-level

military.

(b) The student progression model toward a

chosen destination shall include:

1. A “path” of core courses leading to each of

the destinations provided in paragraph (a).

2. A recommended group of electives which

shall help define each path.

3. Provisions for a teacher, school administra?

tor, other school staff member, or community

volunteer to be assigned to a student as an

“academic advocate” if parental or guardian

involvement is lacking.

ss. 1001.03(10) and 1008.30 or a similar test may

be administered to all high school second semester

sophomores who have chosen one of the four

destinations. The results of the placement test shall

be used to target additional instructional needs in

reading, writing, and mathematics prior to gradua?

tion.

(d) Ample opportunity shall be provided for

students to move from one destination to another,

and some latitude shall exist within each destina?

tion, to meet the individual needs of students.

(e) Destinations specified in subparagraphs

(a)1., 2., and 3. shall support the goals of the Tech

Prep program. Students participating in Tech Prep

shall be enrolled in articulated, sequential programs

of study that include a technical component and at

least a minimum of a postsecondary certificate or

2-year degree.

(f) In order for these destinations to be

attainable, the business community shall be

encouraged to support real-world internships and

apprenticeships.

(g) All students shall be encouraged to take

part in service learning opportunities.

(h) High school equivalency diploma prepara?

tion programs shall not be a choice for high school

students leading to any of the four destinations

provided in paragraph (a) since the appropriate

coursework, counseling component, and career

preparation cannot be ensured.

(i) Schools shall ensure that students and

parents are made aware of the destinations

available and provide the necessary coursework to

assist the student in reaching the chosen destina?

tion. Students and parents shall be made aware of

the student’s progress toward the chosen destina?

tion.

(j) The Department of Education shall offer

technical assistance to school districts to ensure

that the destinations offered also meet the aca?

demic standards adopted by the state.

(3)(a) Access to Level I courses for graduation

credit and for pursuit of a declared destination shall

be limited to only those students for whom assess?

ment indicates a more rigorous course of study

would be inappropriate.

(b) The school principal shall:

1. Designate a member of the existing instruc?

tional or administrative staff to serve as a specialist

to help coordinate the use of student achievement

strategies to help students succeed in their

coursework. The specialist shall also assist teach?

ers in integrating the academic and career and

technical curricula, utilizing technology, providing

feedback regarding student achievement, and

implementing the Blueprint for Career Preparation

writing, and mathematics deficiencies of secondary

and Tech Prep programs.

students.

History.—s. 346, ch. 2002-387.

2. Institute strategies to eliminate reading,

Florida Statutes Pertaining to Special Programs?

Chapter 1008?

Assessment and Accountability?

1008.21 School readiness uniform screening

(kindergarten).—

(1) The Department of Education shall

implement the school readiness uniform screening

developed by the Florida Partnership for School

Readiness, and shall require that all school districts

administer the kindergarten uniform screening to

each kindergarten student in the district school

system upon the student’s entry into kindergarten.

(2)(a) The Department of Education shall

implement the school readiness uniform screening

to validate the system recommended by the Florida

Partnership for School Readiness as part of a

comprehensive evaluation design. Beginning with

the 2002-2003 school year, the department shall

require that all school districts administer the school

readiness uniform screening to each kindergarten

student in the district school system upon the

student’s entry into kindergarten. Children who

enter public school for the first time in first grade

must be administered the school readiness uniform

screening adopted for use in first grade. The

department shall incorporate school readiness data

into the K-20 data warehouse for longitudinal

tracking.

(b) The uniform screening shall provide

objective data regarding the following expectations

for school readiness which shall include, at a

minimum:

1. The child’s immunizations and other health

requirements as necessary, including appropriate

vision and hearing screening and examinations.

2. The child’s physical development.

3. The child’s compliance with rules, limita?

tions, and routines.

4. The child’s ability to perform tasks.

5. The child’s interactions with adults.

6. The child’s interactions with peers.

7. The child’s ability to cope with challenges.

8. The child’s self-help skills.

9. The child’s ability to express his or her

needs.

10. The child’s verbal communication skills.

11. The child’s problem-solving skills.

12. The child’s ability to follow verbal direc?

tions.

13. The child’s demonstration of curiosity,

persistence, and exploratory behavior.

14. The child’s interest in books and other

printed materials.

15. The child’s ability to pay attention to

stories.

16. The child’s participation in art and music

activities.

17. The child’s ability to identify colors,

geometric shapes, letters of the alphabet, numbers,

and spatial and temporal relationships.

History.—s. 367, ch. 2002-387.

1008.22 Student assessment program for

public schools.—

(1) PURPOSE.—The primary purposes of the

student assessment program are to provide

information needed to improve the public schools

by enhancing the learning gains of all students and

to inform parents of the educational progress of

their public school children. The program must be

designed to:

(a) Assess the annual learning gains of each

student toward achieving the Sunshine State

Standards appropriate for the student’s grade level.

(b) Provide data for making decisions regard?

ing school accountability and recognition.

needs of students and the readiness of students to

be promoted to the next grade level or to graduate

from high school with a standard high school

diploma.

(d) Assess how well educational goals and

performance standards are met at the school,

district, and state levels.

(e) Provide information to aid in the evaluation

and development of educational programs and

policies.

(f) Provide information on the performance of

Florida students compared with others across the

United States.

(2) NATIONAL EDUCATION COMPARI-

SONS.—It is Florida’s intent to participate in the

measurement of national educational goals. The

Commissioner of Education shall direct Florida

school districts to participate in the administration

of the National Assessment of Educational

Progress, or a similar national assessment pro?

gram, both for the national sample and for any

state-by-state comparison programs which may be

initiated. Such assessments must be conducted

using the data collection procedures, the student

surveys, the educator surveys, and other instru?

ments included in the National Assessment of

Educational Progress or similar program being

administered in Florida. The results of these

assessments shall be included in the annual report

of the Commissioner of Education specified in this

section. The administration of the National Assess?

ment of Educational Progress or similar program

shall be in addition to and separate from the

administration of the statewide assessment

program.

(3) STATEWIDE ASSESSMENT PRO-

GRAM.—The commissioner shall design and

implement a statewide program of educational

assessment that provides information for the

improvement of the operation and management of

the public schools, including schools operating for

the purpose of providing educational services to

youth in Department of Juvenile Justice programs.

Pursuant to the statewide assessment program, the

commissioner shall:

(a) Submit to the State Board of Education a

list that specifies student skills and competencies to

which the goals for education specified in the state

plan apply, including, but not limited to, reading,

writing, science, and mathematics. The skills and

competencies must include problem-solving and

higher-order skills as appropriate and shall be

known as the Sunshine State Standards as defined

in s. 1000.21. The commissioner shall select such

skills and competencies after receiving recommen?

dations from educators, citizens, and members of

the business community. The commissioner shall

submit to the State Board of Education revisions to

the list of student skills and competencies in order

to maintain continuous progress toward improve?

ments in student proficiency.

(b) Develop and implement a uniform system

of indicators to describe the performance of public

school students and the characteristics of the public

school districts and the public schools. These

indicators must include, without limitation, informa?

tion gathered by the comprehensive management

information system created pursuant to s. 1008.385

and student achievement information obtained

pursuant to this section.

ment testing program known as the Florida Com?

prehensive Assessment Test (FCAT) as part of the

statewide assessment program, to be administered

annually in grades 3 through 10 to measure

reading, writing, science, and mathematics. Other

content areas may be included as directed by the

commissioner. The testing program must be

designed so that:

1. The tests measure student skills and

competencies adopted by the State Board of

Education as specified in paragraph (a). The tests

must measure and report student proficiency levels

in reading, writing, mathematics, and science. The

commissioner shall provide for the tests to be

developed or obtained, as appropriate, through

contracts and project agreements with private

vendors, public vendors, public agencies,

postsecondary educational institutions, or school

districts. The commissioner shall obtain input with

respect to the design and implementation of the

testing program from state educators and the

public.

2. The testing program will include a combina?

tion of norm-referenced and criterion-referenced

tests and include, to the extent determined by the

commissioner, questions that require the student to

produce information or perform tasks in such a way

that the skills and competencies he or she uses can

be measured.

3. Each testing program, whether at the

elementary, middle, or high school level, includes a

test of writing in which students are required to

produce writings that are then scored by appropri?

ate methods.

4. A score is designated for each subject area

tested, below which score a student’s performance

is deemed inadequate. The school districts shall

provide appropriate remedial instruction to students

who score below these levels.

5. Students must earn a passing score on the

grade 10 assessment test described in this para?

graph in reading, writing, and mathematics to

qualify for a regular high school diploma. The State

Board of Education shall designate a passing score

for each part of the grade 10 assessment test. In

establishing passing scores, the state board shall

consider any possible negative impact of the test on

minority students. All students who took the grade

10 FCAT during the 2000-2001 school year shall be

required to earn the passing scores in reading and

mathematics established by the State Board of

Education for the March 2001 test administration.

Such students who did not earn the established

passing scores and must repeat the grade 10 FCAT

are required to earn the passing scores established

for the March 2001 test administration. All students

who take the grade 10 FCAT for the first time in

March 2002 and thereafter shall be required to earn

the passing scores in reading and mathematics

established by the State Board of Education for the

March 2002 test administration. The State Board of

Education shall adopt rules which specify the

passing scores for the grade 10 FCAT. Any such

rules, which have the effect of raising the required

passing scores, shall only apply to students taking

the grade 10 FCAT after such rules are adopted by

the State Board of Education.

6. Participation in the testing program is

mandatory for all students attending public school,

including students served in Department of Juvenile

Justice programs, except as otherwise prescribed

by the commissioner. If a student does not partici?

pate in the statewide assessment, the district must

notify the student’s parent and provide the parent

with information regarding the implications of such

nonparticipation. If modifications are made in the

student’s instruction to provide accommodations

that would not be permitted on the statewide

assessment tests, the district must notify the

student’s parent of the implications of such instruc?

tional modifications. A parent must provide signed

consent for a student to receive instructional

modifications that would not be permitted on the

statewide assessments and must acknowledge in

writing that he or she understands the implications

of such accommodations. The State Board of

Education shall adopt rules, based upon recom?

mendations of the commissioner, for the provision

of test accommodations and modifications of

procedures as necessary for students in excep?

tional education programs and for students who

have limited English proficiency. Accommodations

that negate the validity of a statewide assessment

are not allowable.

7. A student seeking an adult high school

diploma must meet the same testing requirements

that a regular high school student must meet.

8. District school boards must provide instruc?

tion to prepare students to demonstrate proficiency

in the skills and competencies necessary for

successful grade-to-grade progression and high

school graduation. If a student is provided with

accommodations or modifications that are not

allowable in the statewide assessment program, as

described in the test manuals, the district must

inform the parent in writing and must provide the

parent with information regarding the impact on the

student’s ability to meet expected proficiency levels

in reading, writing, and math. The commissioner

shall conduct studies as necessary to verify that the

required skills and competencies are part of the

district instructional programs.

9. The Department of Education must develop,

or select, and implement a common battery of

assessment tools that will be used in all juvenile

justice programs in the state. These tools must

accurately measure the skills and competencies

established in the Florida Sunshine State Stan?

dards.

The commissioner may design and implement

student testing programs, for any grade level and

subject area, necessary to effectively monitor

educational achievement in the state.

(d) Conduct ongoing research to develop

improved methods of assessing student perfor?

mance, including, without limitation, the use of

technology to administer tests, score, or report the

results of, the use of electronic transfer of data, the

development of work-product assessments, and the

development of process assessments.

(e) Conduct ongoing research and analysis of

student achievement data, including, without

limitation, monitoring trends in student achieve?

ment, identifying school programs that are success?

ful, and analyzing correlates of school achievement.

(f) Provide technical assistance to school

districts in the implementation of state and district

testing programs and the use of the data produced

pursuant to such programs.

(4) DISTRICT TESTING PROGRAMS.—Each

district school board shall periodically assess

student performance and achievement within each

school of the district. The assessment programs

must be based upon local goals and objectives that

are compatible with the state plan for education and

that supplement the skills and competencies

adopted by the State Board of Education. All school

districts must participate in the statewide assess?

ment program designed to measure annual student

learning and school performance. All district school

boards shall report assessment results as required

by the state management information system.

(5) SCHOOL TESTING PROGRAMS.—Each

public school shall participate in the statewide

assessment program, unless specifically exempted

by state board rule based on serving a specialized

population for which standardized testing is not

appropriate. Student performance data shall be

analyzed and reported to parents, the community,

and the state. Student performance data shall be

used in developing objectives of the school im?

provement plan, evaluation of instructional person?

nel, evaluation of administrative personnel, assign?

ment of staff, allocation of resources, acquisition of

instructional materials and technology, perfor-

mance-based budgeting, and promotion and

assignment of students into educational programs.

The analysis of student performance data also must

identify strengths and needs in the educational

program and trends over time. The analysis must be

used in conjunction with the budgetary planning

processes developed pursuant to s. 1008.385 and

the development of the programs of remediation.

(6) REQUIRED ANALYSES.—The commis?

sioner shall provide, at a minimum, for the following

analyses of data produced by the student achieve?

ment testing program:

(a) The statistical system for the annual

assessments shall use measures of student

learning, such as the FCAT, to determine teacher,

school, and school district statistical distributions,

which shall be determined using available data from

the FCAT, and other data collection as deemed

appropriate by the Department of Education, to

measure the differences in student prior year

achievement compared to the current year achieve?

ment for the purposes of accountability and

recognition.

(b) The statistical system shall provide the

best estimates of teacher, school, and school

district effects on student progress. The approach

used by the department shall be approved by the

commissioner before implementation.

administered to provide for valid statewide compari?

sons of learning gains to be made for purposes of

accountability and recognition. The commissioner

shall establish a schedule for the administration of

the statewide assessments. In establishing such

schedule, the commissioner is charged with the

duty to accomplish the latest possible administra?

tion of the statewide assessments and the earliest

possible provision of the results to the school

districts feasible within available technology and

specific appropriation. District school boards shall

not establish school calendars that jeopardize or

limit the valid testing and comparison of student

learning gains.

(7) LOCAL ASSESSMENTS.—Measurement

of the learning gains of students in all subjects and

grade levels other than subjects and grade levels

required for the state student achievement testing

program is the responsibility of the school districts.

(8) APPLICABILITY OF TESTING STAN-

DARDS.—A student must meet the testing require?

ments for high school graduation that were in effect

at the time the student entered 9th grade, provided

the student’s enrollment was continuous.

(9) RULES.—The State Board of Education

shall adopt rules pursuant to ss. 120.536(1) and

120.54 to implement the provisions of this section.

History.—s. 368, ch. 2002-387.

1008.25 Public school student progression;

remedial instruction; reporting requirements.—

(1) INTENT.—It is the intent of the

Legislature that each student’s progression from

one grade to another be determined, in part, upon

proficiency in reading, writing, science, and

mathematics; that district school board policies

facilitate such proficiency; and that each student

and his or her parent be informed of that student’s

academic progress.

(2) COMPREHENSIVE PROGRAM.—Each

district school board shall establish a comprehen?

sive program for student progression which must

include:

(a) Standards for evaluating each student’s

performance, including how well he or she masters

the performance standards approved by the State

Board of Education.

(b) Specific levels of performance in reading,

writing, science, and mathematics for each grade

level, including the levels of performance on

statewide assessments as defined by the commis?

sioner, below which a student must receive reme?

diation, or be retained within an intensive program

that is different from the previous year’s program

and that takes into account the student’s learning

style.

student who has been retained 2 or more years.

(3) ALLOCATION OF RESOURCES.—District

school boards shall allocate remedial and supple?

mental instruction resources to students in the

following priority:

(a) Students who are deficient in reading by

the end of grade 3.

(b) Students who fail to meet performance

levels required for promotion consistent with the

district school board’s plan for student progression

required in paragraph (2)(b).

(4) ASSESSMENT AND REMEDIATION.—

(a) Each student must participate in the

statewide assessment tests required by s. 1008.22.

Each student who does not meet specific levels of

performance as determined by the district school

board in reading, writing, science, and mathematics

for each grade level, or who does not meet specific

levels of performance as determined by the

commissioner on statewide assessments at

selected grade levels, must be provided with

additional diagnostic assessments to determine the

nature of the student’s difficulty and areas of

academic need.

(b) The school in which the student is enrolled

must develop, in consultation with the student’s

parent, and must implement an academic improve?

ment plan designed to assist the student in meeting

state and district expectations for proficiency.

Beginning with the 2002-2003 school year, if the

student has been identified as having a deficiency

in reading, the academic improvement plan shall

identify the student’s specific areas of deficiency in

phonemic awareness, phonics, fluency, comprehen?

sion, and vocabulary; the desired levels of perfor?

mance in these areas; and the instructional and

support services to be provided to meet the desired

levels of performance. Schools shall also provide for

the frequent monitoring of the student’s progress in

meeting the desired levels of performance. District

school boards shall assist schools and teachers to

implement research-based reading activities that

have been shown to be successful in teaching

reading to low-performing students. Remedial

instruction provided during high school may not be

in lieu of English and mathematics credits required

for graduation.

documented deficiency has not been remediated in

accordance with the academic improvement plan,

the student may be retained. Each student who

does not meet the minimum performance expecta?

tions defined by the Commissioner of Education for

the statewide assessment tests in reading, writing,

science, and mathematics must continue to be

provided with remedial or supplemental instruction

until the expectations are met or the student

graduates from high school or is not subject to

compulsory school attendance.

(5) READING DEFICIENCY AND PARENTAL

NOTIFICATION.—

(a) It is the ultimate goal of the Legislature that

every student read at or above grade level. Any

student who exhibits a substantial deficiency in

reading, based upon locally determined or state?

wide assessments conducted in kindergarten or

grade 1, grade 2, or grade 3, or through teacher

observations, must be given intensive reading

instruction immediately following the identification of

the reading deficiency. The student’s reading

proficiency must be reassessed by locally deter?

mined assessments or through teacher observa?

tions at the beginning of the grade following the

intensive reading instruction. The student must

continue to be provided with intensive reading

instruction until the reading deficiency is remedied.

(b) Beginning with the 2002-2003 school year,

if the student’s reading deficiency, as identified in

paragraph (a), is not remedied by the end of grade

3, as demonstrated by scoring at Level 2 or higher

on the statewide assessment test in reading for

grade 3, the student must be retained.

the parent of any student who exhibits a substantial

deficiency in reading, as described in paragraph

(a), must be notified in writing of the following:

1. That his or her child has been identified as

having a substantial deficiency in reading.

2. A description of the current services that are

provided to the child.

3. A description of the proposed supplemental

instructional services and supports that will be

provided to the child that are designed to remediate

the identified area of reading deficiency.

4. That if the child’s reading deficiency is not

remediated by the end of grade 3, the child must be

retained unless he or she is exempt from manda?

tory retention for good cause.

(6) ELIMINATION OF SOCIAL PROMOTION.—

(a) No student may be assigned to a grade

level based solely on age or other factors that

constitute social promotion.

(b) The district school board may only exempt

students from mandatory retention, as provided in

paragraph (5)(b), for good cause. Good cause

exemptions shall be limited to the following:

1. Limited English proficient students who

have had less than 2 years of instruction in an

English for Speakers of Other Languages program.

2. Students with disabilities whose individual

education plan indicates that participation in the

statewide assessment program is not appropriate,

consistent with the requirements of State Board of

Education rule.

3. Students who demonstrate an acceptable

level of performance on an alternative standardized

reading assessment approved by the State Board

of Education.

4. Students who demonstrate, through a

student portfolio, that the student is reading on

grade level as evidenced by demonstration of

mastery of the Sunshine State Standards in reading

equal to at least a Level 2 performance on the

FCAT.

5. Students with disabilities who participate in

the FCAT and who have an individual education

plan or a Section 504 plan that reflects that the

student has received the intensive remediation in

reading, as required by paragraph (4)(b), for more

than 2 years but still demonstrates a deficiency in

reading and was previously retained in kindergar?

ten, grade 1, or grade 2.

6. Students who have received the intensive

remediation in reading as required by paragraph

(4)(b) for 2 or more years but still demonstrate a

deficiency in reading and who were previously

retained in kindergarten, grade 1, or grade 2 for a

total of 2 years. Intensive reading instruction for

students so promoted must include an altered

instructional day based upon an academic improve?

ment plan that includes specialized diagnostic

information and specific reading strategies for each

student. The district school board shall assist

schools and teachers to implement reading

strategies that research has shown to be successful

in improving reading among low performing readers.

students from the mandatory retention requirement

as described in subparagraphs (b)3. and 4. shall be

made consistent with the following:

1. Documentation shall be submitted from the

student’s teacher to the school principal that

indicates that the promotion of the student is

appropriate and is based upon the student’s

academic record. In order to minimize paperwork

requirements, such documentation shall consist

only of the existing academic improvement plan,

individual educational plan, if applicable, report

card, or student portfolio.

2. The school principal shall review and

discuss such recommendation with the teacher and

make the determination as to whether the student

should be promoted or retained. If the school

principal determines that the student should be

promoted, the school principal shall make such

recommendation in writing to the district school

superintendent. The district school superintendent

shall accept or reject the school principal’s recom?

mendation in writing.

(7) ANNUAL REPORT.—

(a) In addition to the requirements in para?

graph (5)(b), each district school board must

annually report to the parent of each student the

progress of the student toward achieving state and

district expectations for proficiency in reading,

writing, science, and mathematics. The district

school board must report to the parent the student’s

results on each statewide assessment test. The

evaluation of each student’s progress must be

based upon the student’s classroom work, observa?

tions, tests, district and state assessments, and

other relevant information. Progress reporting must

be provided to the parent in writing in a format

adopted by the district school board.

(b) Beginning with the 2001-2002 school year,

each district school board must annually publish in

the local newspaper, and report in writing to the

State Board of Education by September 1 of each

year, the following information on the prior school

year:

1. The provisions of this section relating to

public school student progression and the district

school board’s policies and procedures on student

retention and promotion.

2. By grade, the number and percentage of all

students in grades 3 through 10 performing at

Levels 1 and 2 on the reading portion of the FCAT.

3. By grade, the number and percentage of all

students retained in grades 3 through 10.

4. Information on the total number of students

who were promoted for good cause, by each

category of good cause as specified in paragraph

(6)(b).

5. Any revisions to the district school board’s

policy on student retention and promotion from the

prior year.

(8) STATE BOARD AUTHORITY AND RE?

SPONSIBILITIES.—

(a) The State Board of Education shall have

authority as provided in s. 1008.32 to enforce this

section.

(b) The State Board of Education shall adopt

rules pursuant to ss. 120.536(1) and 120.54 for the

administration of this section.

(9) TECHNICAL ASSISTANCE.—The depart?

ment shall provide technical assistance as needed

to aid district school boards in administering this

section.

History.—s. 371, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1009?

Educational Scholarships, Fees, and Financial Assistance?

1009.41 State financial aid; students with a

disability.—

Notwithstanding the provisions of s.

1009.40(1)(b)1.b. regarding the number of credits

earned per term, or other financial aid eligibility

requirements related to the number of required

credits earned per term, a student with a docu?

mented disability, as defined by the Americans with

Disabilities Act, shall be eligible to be considered

for state financial aid while attending an eligible

postsecondary institution on a part-time basis. The

State Board of Education shall establish the

necessary criteria for documentation of the

student’s disability, and the postsecondary institu?

tion shall make the determination as to whether or

not the disability is such that part-time status is a

necessary accommodation. For the purposes of this

section, financial aid funds may be prorated based

on the number of credit hours taken.

History.—s. 414, ch. 2002-387.

1009.58 Critical teacher shortage tuition

reimbursement program.—

(1) A critical teacher shortage tuition reim?

bursement program shall be established for the

purpose of improving the skills and knowledge of

current teachers or persons preparing to teach in

critical teacher shortage areas.

(2) The State Board of Education shall adopt

rules to implement the critical teacher shortage

tuition reimbursement program. Any full-time public

school employee or developmental research school

employee certified to teach in this state is eligible

for the program. For the purposes of this program,

tuition reimbursement shall be limited to courses in

critical teacher shortage areas as determined by

the State Board of Education. Such courses shall

be:

(a) Graduate-level courses leading to a

master’s, specialist, or doctoral degree;

(b) Graduate-level courses leading to a new

certification area; or

leading to an advanced degree or new certification

area.

(3) Participants may receive tuition reimburse?

ment payments for up to 9 semester hours, or the

equivalent in quarter hours, per year, at a rate not

to exceed $78 per semester hour, up to a total of 36

semester hours. All tuition reimbursements shall be

contingent on passing an approved course with a

minimum grade of 3.0 or its equivalent.

(4) This section shall be implemented only to

the extent specifically funded and authorized by

law.

History.—s. 436, ch. 2002-387.

1009.62 Grants for teachers for special training

in exceptional student education.—

(1) The Department of Education may make

grants to teachers for special training in exceptional

student education to meet professional require?

ments with respect thereto, and the department is

responsible for the administration of such program.

(2) These grants are limited to teachers who:

(a) Hold a full-time contract to teach in a

district school system, a state-operated or state-

supported program, or an agency or organization

under contract with the Department of Education;

(b) Hold a valid Florida educator’s certificate

that does not reflect an exceptional-student-

education coverage or endorsement that is appro?

priate for the teacher’s assignment; and

(3) Grant amounts are to be determined on the

basis of rates established by the Department of

Education.

(4) The Department of Education shall

administer this program under rules established by

the State Board of Education.

History.—s. 441, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1010?

Financial Matters?

1010.20 Cost accounting and reporting for

school districts.—

(1) COST ACCOUNTING.—Each school

district shall account for expenditures of all state,

local, and federal funds on a school-by-school and

a district-aggregate basis in accordance with the

manual developed by the Department of Education

or as provided by law.

(2) COST REPORTING.—

(a) Each district shall report on a district-

aggregate basis expenditures for inservice training

pursuant to s. 1011.62(3) and for categorical

programs as provided in s. 1011.62(5).

(b) Each district shall report on a school-by-

school and on an aggregate district basis expendi?

tures for each program funded in s. 1011.62(1)(c).

present to the Legislature, prior to the opening of

the regular session each year, a district-by-district

report of the expenditures reported pursuant to

paragraphs (a) and (b). The report shall include

total expenditures, a detailed analysis showing

expenditures for each program, and such other data

as may be useful for management of the education

system. The Commissioner of Education shall also

compute cost factors relative to the base student

allocation for each funded program in s.

1011.62(1)(c).

(3) PROGRAM EXPENDITURE REQUIRE?

MENTS.—

(a) Each district shall expend at least the

percent of the funds generated by each of the

programs listed in this section on the aggregate

total school costs for such programs:

1. Kindergarten and grades 1, 2, and 3, 90

percent.

2. Grades 4, 5, 6, 7, and 8, 80 percent.

3. Grades 9, 10, 11, and 12, 80 percent.

4. Programs for exceptional students, on an

aggregate program basis, 90 percent.

5. Grades 7 through 12 career and technical

education programs, on an aggregate program

basis, 80 percent.

6. Students-at-risk programs, on an aggregate

program basis, 80 percent.

7. Juvenile justice programs, on an aggregate

program basis, 80 percent.

8. Any new program established and funded

under s. 1011.62(1)(c), that is not included under

subparagraphs 1.-6., on an aggregate basis as

appropriate, 80 percent.

(b) Funds for inservice training established in

s. 1011.62(3) and for categorical programs estab?

lished in s. 1011.62(5) shall be expended for the

costs of the identified programs as provided by law

and in accordance with the rules of the State Board

of Education.

History.—s. 537, ch. 2002-387.

1010.215 Educational funding accountability.—

(1) As used in this section, the term:

(a) “Administrative personnel” means those

employees responsible for management functions

such as the development of broad policies and

implementation of those policies through the

direction of personnel.

(b) “Educational support personnel” means

district-based and school-based employees,

including professional staff, technicians, secretar?

ies, clerks, skilled workers, transportation employ?

ees, food service employees, and custodial and

maintenance workers.

teachers, including substitute teachers.

(d) “Instructional specialists” means staff

members responsible for providing student person?

nel services, librarians, and media specialists.

(e) “Instructional support personnel” means

aides or assistants to instructional personnel or

instructional specialists.

(f) “Managers” means instructional and

noninstructional employees with some managerial

and supervisory functions, although primarily

responsible for general operations. This category

includes only district-based employees.

(2) Each district school board must classify

each employee of the district school board into one

of the following categories:

(a) Instructional personnel;

(b) Instructional specialists;

(d) Administrative personnel;

(e) Managers; or

(f) Educational support personnel.

The district school board shall notify each

employee of such classification.

(3)(a) The school public accountability report

to parents must include the number of employees in

each of the categories listed in subsection (2), by

work location. However, this does not include the

number of temporary substitute employees.

(b) Any teacher-to-student ratio or class size

measure required by law or State Board of Educa?

tion rule must be computed by dividing the number

of students in membership at the school by the

number of full-time equivalent instructional person?

nel pursuant to paragraph (2)(a). Class size reports

for exceptional student education shall be com?

puted by dividing the number of exceptional

students in membership by the number of full-time

equivalent exceptional education classroom

teachers who are classified as instructional

personnel pursuant to paragraph (2)(a).

(4)(a) All expenditures within the general and

special revenue funds for each district school

board, including salaries, benefits, purchased

services, energy services, materials and supplies,

capital outlay, and miscellaneous expenditures, for

the following purposes are classified as administra?

tive expenditures:

1. District school board.

2. General administration.

3. School administration, excluding support

expenditures.

4. Facilities acquisition and construction at the

district level.

5. Fiscal services.

6. Central services at the district level.

(b) All expenditures within the general and

special revenue funds for each district school

board, including salaries, benefits, purchased

services, energy services, materials and supplies,

capital outlay, and miscellaneous expenditures, for

the following purposes are classified as instruc?

tional expenditures:

1. Instruction.

2. Instructional support services, including

student personnel services, instructional media

services, instruction and curriculum development,

and instructional staff training services.

3. School administration, including support

expenditures.

4. Facilities acquisition and construction at the

school level.

5. Food services.

6. Central services at the school level.

7. Student transportation services.

8. Operation of plant.

9. Maintenance of plant.

Definitions for the functions specified in this

subsection are specified in State Board of Educa?

tion rules.

(5) The annual school public accountability

report required by ss. 1001.42(16) and 1008.345

must include a school financial report. The purpose

of the school financial report is to better inform

parents and the public concerning how revenues

were spent to operate the school during the prior

fiscal year. Each school’s financial report must

follow a uniform, districtwide format that is easy to

read and understand.

(a) Total revenue must be reported at the

school, district, and state levels. The revenue

sources that must be addressed are state and local

funds, other than lottery funds; lottery funds; federal

funds; and private donations.

(b) Expenditures must be reported as the total

expenditures per unweighted full-time equivalent

student at the school level and the average expen?

ditures per full-time equivalent student at the district

and state levels in each of the following categories

and subcategories:

1. Teachers, excluding substitute teachers, and

education paraprofessionals who provide direct

classroom instruction to students enrolled in

programs classified by s. 1011.62 as:

a. Basic programs;

b. Students-at-risk programs;

c. Special programs for exceptional students;

d. Career education programs; and

e. Adult programs.

2. Substitute teachers.

3. Other instructional personnel, including

school-based instructional specialists and their

assistants.

4. Contracted instructional services, including

training for instructional staff and other contracted

instructional services.

5. School administration, including school-

based administrative personnel and school-based

education support personnel.

6. The following materials, supplies, and

operating capital outlay:

a. Textbooks;

b. Computer hardware and software;

c. Other instructional materials;

d. Other materials and supplies; and

e. Library media materials.

7. Food services.

8. Other support services.

9. Operation and maintenance of the school

plant.

identify the types of district-level expenditures that

support the school’s operations. The total amount of

these district-level expenditures must be reported

and expressed as total expenditures per full-time

equivalent student.

(6) Based on the classifications in this section,

each district school board shall annually submit a

report by January 1, which identifies and summa?

rizes administrative expenditures and instructional

expenditures by fund for the preceding fiscal year.

The report shall also state the number of

unweighted full-time equivalent students enrolled in

the school district. The total amount of administra?

tive expenditures shall be divided by the number of

unweighted full-time equivalent students to deter?

mine the administrative expenditures per student.

This calculation is to be made separately for the

general and the special revenue funds. In addition,

the report shall reflect the number of employees in

each category outlined in subsection (2) and the

percentage of employees in each category, exclud?

ing the number of temporary substitute employees.

This report shall be submitted to the commissioner

and shall be made available to the public. The

school public accountability report shall contain

notification of the availability of this report.

History.—s. 539, ch. 2002-387.

1010.305 Audit of student enrollment.—

(1) The Auditor General shall periodically

examine the records of school districts, and other

agencies as appropriate, to determine compliance

with law and State Board of Education rules relating

to the classification, assignment, and verification of

full-time equivalent student enrollment and student

transportation reported under the Florida Education

Finance Program.

(2) If it is determined that the approved criteria

and procedures for the placement of students and

the conduct of programs have not been followed by

the district, appropriate adjustments in the full-time

equivalent student count for that district must be

made, and any excess funds must be deducted

from subsequent allocations of state funds to that

district. As provided for by rule, if errors in a specific

program of a district recur in consecutive years due

to lack of corrective action by the district, adjust?

ments may be made based upon statistical esti?

mates of error projected to the overall district

program.

History.—s. 545, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1011?

Planning and Budgeting?

1011.61 Definitions.—

Notwithstanding the

provisions of s. 1000.21, the following terms are

defined as follows for the purposes of the Florida

Education Finance Program:

(1) A “full-time equivalent student” in each

program of the district is defined in terms of full-

time students and part-time students as follows:

(a) A “full-time student” is one student on the

membership roll of one school program or a

combination of school programs listed in s.

1011.62(1)(c) for the school year or the equivalent

for:

1. Instruction in a standard school, comprising

not less than 900 net hours for a student in or at the

grade level of 4 through 12, or not less than 720 net

hours for a student in or at the grade level of

kindergarten through grade 3 or in an authorized

prekindergarten exceptional program;

2. Instruction in a double-session school or a

school utilizing an experimental school calendar

approved by the Department of Education, compris?

ing not less than the equivalent of 810 net hours in

grades 4 through 12 or not less than 630 net hours

in kindergarten through grade 3; or

3. Instruction comprising the appropriate

number of net hours set forth in subparagraph 1. or

subparagraph 2. for students who, within the past

year, have moved with their parents for the purpose

of engaging in the farm labor or fish industries, if a

plan furnishing such an extended school day or

week, or a combination thereof, has been approved

by the commissioner. Such plan may be approved

to accommodate the needs of migrant students only

or may serve all students in schools having a high

percentage of migrant students. The plan described

in this subparagraph is optional for any school

district and is not mandated by the state.

(b) A “part-time student” is a student on the

active membership roll of a school program or

combination of school programs listed in s.

1011.62(1)(c) who is less than a full-time student.

a. A full-time student in any one of the pro?

grams listed in s. 1011.62(1)(c); or

b. A combination of full-time or part-time

students in any one of the programs listed in s.

1011.62(1)(c) which is the equivalent of one full-

time student based on the following calculations:

(I) A full-time student, except a postsecondary

or adult student or a senior high school student

enrolled in adult education when such courses are

required for high school graduation, in a combina?

tion of programs listed in s. 1011.62(1)(c) shall be a

fraction of a full-time equivalent membership in

each special program equal to the number of net

hours per school year for which he or she is a

member, divided by the appropriate number of

hours set forth in subparagraph (a)1. or subpara?

graph (a)2. The difference between that fraction or

sum of fractions and the maximum value as set

forth in subsection (4) for each full-time student is

presumed to be the balance of the student’s time

not spent in such special education programs and

shall be recorded as time in the appropriate basic

program.

(II) A prekindergarten handicapped student

shall meet the requirements specified for kindergar?

ten students.

2. A student in membership in a program

scheduled for more or less than 180 school days is

a fraction of a full-time equivalent membership

equal to the number of instructional hours in

membership divided by the appropriate number of

hours set forth in subparagraph (a)1.; however, for

the purposes of this subparagraph, membership in

programs scheduled for more than 180 days is

limited to students enrolled in juvenile justice

education programs.

The department shall determine and implement

an equitable method of equivalent funding for

experimental schools and for schools operating

under emergency conditions, which schools have

been approved by the department to operate for

less than the minimum school day.

(2) A “full-time equivalent student” is a student

in grades 4 through 8 who is participating in a

student-teacher adviser program conducted during

homeroom period, who is a fraction of a full-time

equivalent membership based on net hours in the

program, with a maximum of 36 net hours in any

fiscal year. Each district program shall be approved

by the Department of Education.

(3) For the purpose of calculating the “current

operation program,” a student is in membership until

he or she withdraws or until the close of the 11th

consecutive school day of his or her absence,

whichever comes first.

(4) The maximum value for funding a student

in kindergarten through grade 12 or in a

prekindergarten program for exceptional children as

provided in s. 1003.21(1)(e), except for a student as

set forth in sub-sub-subparagraph (1)(c)1.b.(I), is

one full-time equivalent student membership for a

school year or equivalent.

(5) The “Florida Education Finance Program”

includes all programs and costs as provided in s.

1011.62.

(6) “Basic programs” include, but are not physical education, science, and social studies.

History.—s. 654, ch. 2002-387.

limited to, language arts, mathematics, art, music,

1011.62 Funds for operation of schools.—

If the

annual allocation from the Florida Education

Finance Program to each district for operation of

schools is not determined in the annual appropria?

tions act or the substantive bill implementing the

annual appropriations act, it shall be determined as

follows:

(1) COMPUTATION OF THE BASIC

AMOUNT TO BE INCLUDED FOR OPERATION.—

The following procedure shall be followed in

determining the annual allocation to each district for

operation:

(a) Determination of full-time equivalent

membership.—During each of several school

weeks, including scheduled intersessions of a year-

round school program during the fiscal year, a

program membership survey of each school shall

be made by each district by aggregating the full-

time equivalent student membership of each

program by school and by district. The department

shall establish the number and interval of member?

ship calculations, except that for basic and special

programs such calculations shall not exceed nine

for any fiscal year. The district’s full-time equivalent

membership shall be computed and currently

maintained in accordance with regulations of the

commissioner.

(b) Determination of base student allocation.—

The base student allocation for the Florida Educa?

tion Finance Program for kindergarten through

grade 12 shall be determined annually by the

Legislature and shall be that amount prescribed in

the current year’s General Appropriations Act.

based on desired relative cost differences between

the following programs shall be established in the

annual General Appropriations Act. The Commis?

sioner of Education shall specify a matrix of

services and intensity levels to be used by districts

in the determination of the two weighted cost

factors for exceptional students with the highest

levels of need. For these students, the funding

support level shall fund the exceptional students’

education program, with the exception of extended

school year services for students with disabilities.

1. Basic programs.—

a. Kindergarten and grades 1, 2, and 3.

b. Grades 4, 5, 6, 7, and 8.

c. Grades 9, 10, 11, and 12.

2. Programs for exceptional students.—

a. Support Level IV.

b. Support Level V.

3. Secondary career and technical education

programs.—

4. English for Speakers of Other Languages.—

(d) Annual allocation calculation.—

1. The Department of Education is authorized

and directed to review all district programs and

enrollment projections and calculate a maximum

total weighted full-time equivalent student enroll?

ment for each district for the K-12 FEFP.

2. Maximum enrollments calculated by the

department shall be derived from enrollment

estimates used by the Legislature to calculate the

FEFP. If two or more districts enter into an agree?

ment under the provisions of s. 1001.42(4)(d), after

the final enrollment estimate is agreed upon, the

amount of FTE specified in the agreement, not to

exceed the estimate for the specific program as

identified in paragraph (c), may be transferred from

the participating districts to the district providing the

program.

3. As part of its calculation of each district’s

maximum total weighted full-time equivalent student

enrollment, the department shall establish separate

enrollment ceilings for each of two program groups.

Group 1 shall be composed of basic programs for

grades K-3, grades 4-8, and grades 9-12. Group 2

shall be composed of students in exceptional

student education programs, English for Speakers

of Other Languages programs, and all career and

technical programs in grades 7-12.

a. The weighted enrollment ceiling for group 2

programs shall be calculated by multiplying the final

enrollment conference estimate for each program

by the appropriate program weight. The weighted

enrollment ceiling for program group 2 shall be the

sum of the weighted enrollment ceilings for each

program in the program group, plus the increase in

weighted full-time equivalent student membership

from the prior year for clients of the Department of

Children and Family Services and the Department

of Juvenile Justice.

b. If, for any calculation of the FEFP, the

weighted enrollment for program group 2, derived

by multiplying actual enrollments by appropriate

program weights, exceeds the enrollment ceiling for

that group, the following procedure shall be followed

to reduce the weighted enrollment for that group to

equal the enrollment ceiling:

(I) The weighted enrollment ceiling for each

program in the program group shall be subtracted

from the weighted enrollment for that program

derived from actual enrollments.

(II) If the difference calculated under sub-sub-

subparagraph (I) is greater than zero for any

program, a reduction proportion shall be computed

for the program by dividing the absolute value of the

difference by the total amount by which the

weighted enrollment for the program group exceeds

the weighted enrollment ceiling for the program

group.

(III) The reduction proportion calculated under

sub-sub-subparagraph (II) shall be multiplied by the

total amount of the program group’s enrollment over

the ceiling as calculated under sub-sub-subpara-

graph (I).

(IV) The prorated reduction amount calculated

under sub-sub-subparagraph (III) shall be sub?

tracted from the program’s weighted enrollment. For

any calculation of the FEFP, the enrollment ceiling

for group 1 shall be calculated by multiplying the

actual enrollment for each program in the program

group by its appropriate program weight.

c. For program group 2, the weighted enroll?

ment ceiling shall be a number not less than the

sum obtained by:

(I) Multiplying the sum of reported FTE for all

programs in the program group that have a cost

factor of 1.0 or more by 1.0, and

(II) By adding this number to the sum obtained

by multiplying the projected FTE for all programs

with a cost factor less than 1.0 by the actual cost

factor.

4. Following completion of the weighted

enrollment ceiling calculation as provided in

subparagraph 3., a supplemental capping calcula?

tion shall be employed for those districts that are

over their weighted enrollment ceiling. For each

such district, the total reported unweighted FTE

enrollment for group 2 programs shall be compared

with the total appropriated unweighted FTE

enrollment for group 2 programs. If the total

reported unweighted FTE for group 2 is greater

than the appropriated unweighted FTE, then the

excess unweighted FTE up to the unweighted FTE

transferred from group 2 to group 1 for each district

by the Public School FTE Estimating Conference

shall be funded at a weight of 1.0 and added to the

funded weighted FTE computed in subparagraph 3.

(e) Funding model for exceptional student

education programs.—

1.a. The funding model uses basic, at-risk,

support levels IV and V for exceptional students and

career and technical Florida Education Finance

Program cost factors, and a guaranteed allocation

for exceptional student education programs.

Exceptional education cost factors are determined

by using a matrix of services to document the

services that each exceptional student will receive.

The nature and intensity of the services indicated

on the matrix shall be consistent with the services

described in each exceptional student’s individual

educational plan.

b. In order to generate funds using one of the

two weighted cost factors, a matrix of services must

be completed at the time of the student’s initial

placement into an exceptional student education

program and at least once every 3 years by

personnel who have received approved training.

Nothing listed in the matrix shall be construed as

limiting the services a school district must provide

in order to ensure that exceptional students are

provided a free, appropriate public education.

c. Students identified as exceptional, in

accordance with chapter 6A-6, Florida Administra?

tive Code, who do not have a matrix of services as

specified in sub-subparagraph b. shall generate

funds on the basis of full-time-equivalent student

membership in the Florida Education Finance

Program at the same funding level per student as

provided for basic students. Additional funds for

these exceptional students will be provided through

the guaranteed allocation designated in subpara?

graph 2.

2. For students identified as exceptional who

do not have a matrix of services, there is created a

guaranteed allocation to provide these students

with a free appropriate public education, in accor?

dance with s. 1001.42(4)(m) and rules of the State

Board of Education, which shall be allocated

annually to each school district in the amount

provided in the General Appropriations Act. These

funds shall be in addition to the funds appropriated

on the basis of FTE student membership in the

Florida Education Finance Program, and the

amount allocated for each school district shall not

be recalculated during the year. These funds shall

be used to provide special education and related

services for exceptional students.

(f) Supplemental academic instruction;

categorical fund.—

1. There is created a categorical fund to

provide supplemental academic instruction to

students in kindergarten through grade 12. This

paragraph may be cited as the “Supplemental

Academic Instruction Categorical Fund.”

2. Categorical funds for supplemental aca?

demic instruction shall be allocated annually to

each school district in the amount provided in the

General Appropriations Act. These funds shall be in

addition to the funds appropriated on the basis of

FTE student membership in the Florida Education

Finance Program and shall be included in the total

potential funds of each district. These funds shall be

used to provide supplemental academic instruction

to students enrolled in the K-12 program. Supple?

mental instruction strategies may include, but are

not limited to: modified curriculum, reading instruc?

tion, after-school instruction, tutoring, mentoring,

class size reduction, extended school year, inten?

sive skills development in summer school, and

other methods for improving student achievement.

Supplemental instruction may be provided to a

student in any manner and at any time during or

beyond the regular 180-day term identified by the

school as being the most effective and efficient way

to best help that student progress from grade to

grade and to graduate.

3. Effective with the 1999-2000 fiscal year,

funding on the basis of FTE membership beyond

the 180-day regular term shall be provided in the

FEFP only for students enrolled in juvenile justice

education programs. Funding for instruction beyond

the regular 180-day school year for all other K-12

students shall be provided through the supplemen?

tal academic instruction categorical fund and other

state, federal, and local fund sources with ample

flexibility for schools to provide supplemental

instruction to assist students in progressing from

grade to grade and graduating.

4. The Florida State University School, as a

developmental research school, is authorized to

expend from its FEFP or Lottery Enhancement

Trust Fund allocation the cost to the student of

remediation in reading, writing, or mathematics for

any graduate who requires remediation at a

postsecondary educational institution.

5. Beginning in the 1999-2000 school year,

dropout prevention programs as defined in ss.

1003.52, 1003.53(1)(a), (b), and (c), and 1003.54

shall be included in group 1 programs under

subparagraph (d)3.

(g) Education for speakers of other lan-

guages.—A school district shall be eligible to report

full-time equivalent student membership in the

ESOL program in the Florida Education Finance

Program provided the following conditions are met:

1. The school district has a plan approved by

the Department of Education.

2. The eligible student is identified and

assessed as limited English proficient based on

assessment criteria.

3.a. An eligible student may be reported for

funding in the ESOL program for a base period of 3

years. However, a student whose English compe?

tency does not meet the criteria for proficiency after

3 years in the ESOL program may be reported for a

fourth, fifth, and sixth year of funding, provided his

or her limited English proficiency is assessed and

properly documented prior to his or her enrollment

in each additional year beyond the 3-year base

period.

b. If a student exits the program and is later

reclassified as limited English proficient, the student

may be reported in the ESOL program for funding

for an additional year, or extended annually for a

period not to exceed a total of 6 years pursuant to

this paragraph, based on an annual evaluation of

the student’s status.

4. An eligible student may be reported for

funding in the ESOL program for membership in

ESOL instruction in English and ESOL instruction

or home language instruction in the basic subject

areas of mathematics, science, social studies, and

computer literacy.

(h) Small, isolated high schools.—Districts

which levy the maximum nonvoted discretionary

millage, exclusive of millage for capital outlay

purposes levied pursuant to s. 1011.71(2), may

calculate full-time equivalent students for small,

isolated high schools by multiplying the number of

unweighted full-time equivalent students times 2.75;

provided the percentage of students at such school

passing both parts of the high school competency

test, as defined by law and rule, has been equal to

or higher than such percentage for the state or

district, whichever is greater. For the purpose of this

section, the term “small, isolated high school”

means any high school which is located no less

than 28 miles by the shortest route from another

high school; which has been serving students

primarily in basic studies provided by sub-subpara-

graphs (c)1.b. and c. and may include subparagraph

100 students, but no fewer than 28 students, in

grades 9 through 12.

(i) Calculation of full-time equivalent member?

ship with respect to instruction from community

colleges or state universities.—Students enrolled in

community college or university dual enrollment

instruction pursuant to s. 1007.271 may be included

in calculations of full-time equivalent student

memberships for basic programs for grades 9

through 12 by a district school board. Such students

may also be calculated as the proportional shares

of full-time equivalent enrollments they generate for

the community college or university conducting the

dual enrollment instruction. Early admission

students shall be considered dual enrollments for

funding purposes. Students may be enrolled in dual

enrollment instruction provided by an eligible

independent college or university and may be

included in calculations of full-time equivalent

student memberships for basic programs for grades

9 through 12 by a district school board. However,

those provisions of law which exempt dual enrolled

and early admission students from payment of

instructional materials and tuition and fees, includ?

ing laboratory fees, shall not apply to students who

select the option of enrolling in an eligible indepen?

dent institution. An independent college or univer?

sity which is located and chartered in Florida, is not

for profit, is accredited by the Commission on

Colleges of the Southern Association of Colleges

and Schools or the Accrediting Commission of the

Association of Independent Colleges and Schools,

and which confers degrees as defined in s. 1005.02

shall be eligible for inclusion in the dual enrollment

or early admission program. Students enrolled in

dual enrollment instruction shall be exempt from the

payment of tuition and fees, including laboratory

fees. No student enrolled in college credit math?

ematics or English dual enrollment instruction shall

be funded as a dual enrollment unless the student

has successfully completed the relevant section of

the entry-level examination required pursuant to s.

1008.30.

(j) Coenrollment.—If a high school student

wishes to earn high school credits from a commu?

nity college and enrolls in one or more adult

secondary education courses at the community

college, the community college shall be reimbursed

for the costs incurred because of the high school

student’s coenrollment as provided in the General

Appropriations Act.

(k) Instruction in exploratory career educa-

tion.—Students in grades 7 through 12 who are

enrolled for more than four semesters in exploratory

career education may not be counted as full-time

equivalent students for this instruction.

(l) Calculation of additional full-time equivalent

membership based on international baccalaureate

examination scores of students.—A value of 0.24

full-time equivalent student membership shall be

calculated for each student enrolled in an interna?

tional baccalaureate course who receives a score

of 4 or higher on a subject examination. A value of

0.3 full-time equivalent student membership shall

be calculated for each student who receives an

international baccalaureate diploma. Such value

shall be added to the total full-time equivalent

student membership in basic programs for grades 9

through 12 in the subsequent fiscal year. The

school district shall distribute to each classroom

teacher who provided international baccalaureate

instruction:

1. A bonus in the amount of $50 for each

student taught by the International Baccalaureate

teacher in each international baccalaureate course

who receives a score of 4 or higher on the interna?

tional baccalaureate examination.

2. An additional bonus of $500 to each

International Baccalaureate teacher in a school

designated performance grade category “D” or “F”

who has at least one student scoring 4 or higher on

the international baccalaureate examination,

regardless of the number of classes taught or of the

number of students scoring a 4 or higher on the

international baccalaureate examination.

Bonuses awarded to a teacher according to

this paragraph shall not exceed $2,000 in any given

school year and shall be in addition to any regular

wage or other bonus the teacher received or is

scheduled to receive.

(m) Calculation of additional full-time equiva?

lent membership based on Advanced International

Certificate of Education examination scores of

students.—A value of 0.24 full-time equivalent

student membership shall be calculated for each

student enrolled in a full-credit Advanced Interna?

tional Certificate of Education course who receives

a score of 2 or higher on a subject examination. A

value of 0.12 full-time equivalent student member?

ship shall be calculated for each student enrolled in

a half-credit Advanced International Certificate of

Education course who receives a score of 1 or

higher on a subject examination. A value of 0.3 full-

time equivalent student membership shall be

calculated for each student who received an

Advanced International Certificate of Education

diploma. Such value shall be added to the total full-

time equivalent student membership in basic

programs for grades 9 through 12 in the subse?

quent fiscal year. The school district shall distribute

to each classroom teacher who provided Advanced

International Certificate of Education instruction:

1. A bonus in the amount of $50 for each

student taught by the Advanced International

Certificate of Education teacher in each full-credit

Advanced International Certificate of Education

course who receives a score of 2 or higher on the

Advanced International Certificate of Education

examination. A bonus in the amount of $25 for each

student taught by the Advanced International

Certificate of Education teacher in each half-credit

Advanced International Certificate of Education

course who receives a score of 1 or higher on the

Advanced International Certificate of Education

examination.

2. An additional bonus of $500 to each

Advanced International Certificate of Education

teacher in a school designated performance grade

category “D” or “F” who has at least one student

scoring 2 or higher on the full-credit Advanced

International Certificate of Education examination,

regardless of the number of classes taught or of the

number of students scoring a 2 or higher on the full-

credit Advanced International Certificate of Educa?

tion examination.

3. Additional bonuses of $250 each to teach?

ers of half-credit Advanced International Certificate

of Education classes in a school designated

performance grade category “D” or “F” which has at

least one student scoring a 1 or higher on the half-

credit Advanced International Certificate of Educa?

tion examination in that class. The maximum

additional bonus for a teacher awarded in accor?

dance with this subparagraph shall not exceed

$500 in any given school year. Teachers receiving

an award under subparagraph 2. are not eligible for

a bonus under this subparagraph.

Bonuses awarded to a teacher according to

this paragraph shall not exceed $2,000 in any given

school year and shall be in addition to any regular

wage or other bonus the teacher received or is

scheduled to receive.

(n) Calculation of additional full-time equiva?

lent membership based on college board advanced

placement scores of students.—A value of 0.24 full-

time equivalent student membership shall be

calculated for each student in each advanced

placement course who receives a score of 3 or

higher on the College Board Advanced Placement

Examination for the prior year and added to the

total full-time equivalent student membership in

basic programs for grades 9 through 12 in the

subsequent fiscal year. Each district must allocate

at least 80 percent of the funds provided to the

district for advanced placement instruction, in

accordance with this paragraph, to the high school

that generates the funds. The school district shall

distribute to each classroom teacher who provided

advanced placement instruction:

1. A bonus in the amount of $50 for each

student taught by the Advanced Placement teacher

in each advanced placement course who receives a

score of 3 or higher on the College Board Ad?

vanced Placement Examination.

2. An additional bonus of $500 to each

Advanced Placement teacher in a school desig?

nated performance grade category “D” or “F” who

has at least one student scoring 3 or higher on the

College Board Advanced Placement Examination,

regardless of the number of classes taught or of the

number of students scoring a 3 or higher on the

College Board Advanced Placement Examination.

Bonuses awarded to a teacher according to

this paragraph shall not exceed $2,000 in any given

school year and shall be in addition to any regular

wage or other bonus the teacher received or is

scheduled to receive.

(o) Year-round-school programs.—The

Commissioner of Education is authorized to adjust

student eligibility definitions, funding criteria, and

reporting requirements of statutes and rules in

order that year-round-school programs may achieve

equivalent application of funding requirements with

non-year-round-school programs.

(p) Extended-school-year program.—It is the

intent of the Legislature that students be provided

additional instruction by extending the school year

to 210 days or more. Districts may apply to the

Commissioner of Education for funds to be used in

planning and implementing an extended-school-

year program. The Department of Education shall

recommend to the Legislature the policies neces?

sary for full implementation of an extended school

year.

(q) Determination of the basic amount for

current operation.—The basic amount for current

operation to be included in the Florida Education

Finance Program for kindergarten through grade 12

for each district shall be the product of the follow?

ing:

1. The full-time equivalent student membership

in each program, multiplied by

2. The cost factor for each program, adjusted

for the maximum as provided by paragraph (c),

multiplied by

3. The base student allocation.

(r) Computation for funding through the Florida

Education Finance Program.—The State Board of

Education may adopt rules establishing programs

and courses for which the student may earn credit

toward high school graduation.

(2) DETERMINATION OF DISTRICT COST

DIFFERENTIALS.—The Commissioner of Educa?

tion shall annually compute for each district the

current year’s district cost differential. The district

cost differential shall be calculated by adding each

district’s price level index as published in the Florida

Price Level Index for the most recent 3 years and

dividing the resulting sum by 3. The result for each

district shall be multiplied by 0.008 and to the

resulting product shall be added 0.200; the sum

thus obtained shall be the cost differential for that

district for that year.

(3) INSERVICE EDUCATIONAL PERSONNEL

TRAINING EXPENDITURE.—Of the amount

computed in subsections (1) and (2), a percentage

of the base student allocation per full-time equiva?

lent student or other funds shall be expended for

educational training programs as determined by the

district school board as provided in s. 1012.98.

(4) COMPUTATION OF DISTRICT REQUIRED

LOCAL EFFORT.—The Legislature shall prescribe

the aggregate required local effort for all school

districts collectively as an item in the General

Appropriations Act for each fiscal year. The amount

that each district shall provide annually toward the

cost of the Florida Education Finance Program for

kindergarten through grade 12 programs shall be

calculated as follows:

(a) Estimated taxable value calculations.—

1.a. Not later than 2 working days prior to July

19, the Department of Revenue shall certify to the

Commissioner of Education its most recent esti?

mate of the taxable value for school purposes in

each school district and the total for all school

districts in the state for the current calendar year

based on the latest available data obtained from the

local property appraisers. Not later than July 19, the

Commissioner of Education shall compute a millage

rate, rounded to the next highest one one-thou-

sandth of a mill, which, when applied to 95 percent

of the estimated state total taxable value for school

purposes, would generate the prescribed aggregate

required local effort for that year for all districts. The

Commissioner of Education shall certify to each

district school board the millage rate, computed as

prescribed in this subparagraph, as the minimum

millage rate necessary to provide the district

required local effort for that year.

b. The General Appropriations Act shall direct

the computation of the statewide adjusted aggre?

gate amount for required local effort for all school

districts collectively from ad valorem taxes to

ensure that no school district’s revenue from

required local effort millage will produce more than

90 percent of the district’s total Florida Education

Finance Program calculation, and the adjustment of

the required local effort millage rate of each district

that produces more than 90 percent of its total

Florida Education Finance Program entitlement to a

level that will produce only 90 percent of its total

Florida Education Finance Program entitlement in

the July calculation.

2. As revised data are received from property

appraisers, the Department of Revenue shall

amend the certification of the estimate of the

taxable value for school purposes. The Commis?

sioner of Education, in administering the provisions

of subparagraph (9)(a)2., shall use the most recent

taxable value for the appropriate year.

(b) Final calculation.—

1. The Department of Revenue shall, upon

receipt of the official final assessed value of

property from each of the property appraisers,

certify to the Commissioner of Education the

taxable value total for school purposes in each

school district, subject to the provisions of para?

graph (d). The commissioner shall use the official

final taxable value for school purposes for each

school district in the final calculation of the annual

Florida Education Finance Program allocations.

2. For the purposes of this paragraph, the

official final taxable value for school purposes shall

be the taxable value for school purposes on which

the tax bills are computed and mailed to the

taxpayers, adjusted to reflect final administrative

actions of value adjustment boards and judicial

decisions pursuant to part I of chapter 194. By

September 1 of each year, the Department of

Revenue shall certify to the commissioner the

official prior year final taxable value for school

purposes. For each county that has not submitted a

revised tax roll reflecting final value adjustment

board actions and final judicial decisions, the

Department of Revenue shall certify the most

recent revision of the official taxable value for

school purposes. The certified value shall be the

final taxable value for school purposes, and no

further adjustments shall be made, except those

made pursuant to subparagraph (9)(a)2.

1. The Department of Revenue shall include

with its certifications provided pursuant to para?

graph (a) its most recent determination of the

assessment level of the prior year’s assessment roll

for each county and for the state as a whole.

2. The Commissioner of Education shall adjust

the required local effort millage of each district for

the current year, computed pursuant to paragraph

(a), as follows:

a. The equalization factor for the prior year’s

assessment roll of each district shall be multiplied

by 95 percent of the taxable value for school

purposes shown on that roll and by the prior year’s

required local-effort millage, exclusive of any

equalization adjustment made pursuant to this

paragraph. The dollar amount so computed shall be

the additional required local effort for equalization

for the current year.

b. Such equalization factor shall be computed

as the quotient of the prior year’s assessment level

of the state as a whole divided by the prior year’s

assessment level of the county, from which quotient

shall be subtracted 1.

c. The dollar amount of additional required

local effort for equalization for each district shall be

converted to a millage rate, based on 95 percent of

the current year’s taxable value for that district, and

added to the required local effort millage deter?

mined pursuant to paragraph (a).

3. Notwithstanding the limitations imposed

pursuant to s. 1011.71(1), the total required local-

effort millage, including additional required local

effort for equalization, shall be an amount not to

exceed 10 minus the maximum millage allowed as

nonvoted discretionary millage, exclusive of millage

authorized pursuant to s. 1011.71(2). Nothing

herein shall be construed to allow a millage in

excess of that authorized in s. 9, Art. VII of the State

Constitution.

4. For the purposes of this chapter, the term

“assessment level” means the value-weighted mean

assessment ratio for the county or state as a whole,

as determined pursuant to s. 195.096, or as

subsequently adjusted. In the event a court has

adjudicated that the department failed to establish

an accurate estimate of an assessment level of a

county and recomputation resulting in an accurate

estimate based upon the evidence before the court

was not possible, that county shall be presumed to

have an assessment level equal to that of the state

as a whole.

5. If, in the prior year, taxes were levied

against an interim assessment roll pursuant to s.

193.1145, the assessment level and prior year’s

nonexempt assessed valuation used for the

purposes of this paragraph shall be those of the

interim assessment roll.

(d) Exclusion.—

1. In those instances in which:

a. There is litigation either attacking the

authority of the property appraiser to include certain

property on the tax assessment roll as taxable

property or contesting the assessed value of

certain property on the tax assessment roll, and

b. The assessed value of the property in

contest involves more than 6 percent of the total

nonexempt assessment roll, the plaintiff shall

provide to the district school board of the county in

which the property is located and to the Depart?

ment of Education a certified copy of the petition

and receipt for the good faith payment at the time

they are filed with the court.

2. For purposes of computing the required

local effort for each district affected by such

petition, the Department of Education shall exclude

from the district’s total nonexempt assessment roll

the assessed value of the property in contest and

shall add the amount of the good faith payment to

the district’s required local effort.

(e) Recomputation.—Following final adjudica?

tion of any litigation on the basis of which an

adjustment in taxable value was made pursuant to

paragraph (d), the department shall recompute the

required local effort for each district for each year

affected by such adjustments, utilizing taxable

values approved by the court, and shall adjust

subsequent allocations to such districts accordingly.

(5) CATEGORICAL FUNDS.—

(a) In addition to the basic amount for current

operations for the FEFP as determined in subsec?

tion (1), the Legislature may appropriate categorical

funding for specified programs, activities, or

purposes.

(b) For fiscal year 2002-2003, if a district

school board finds and declares in a resolution

adopted at a regular meeting of the school board

that the funds received for any of the following

categorical appropriations are urgently needed to

maintain school board specified academic class?

room instruction, the school board may consider

and approve an amendment to the school district

operating budget transferring the identified amount

of the categorical funds to the appropriate account

for expenditure:

1. Funds for student transportation.

2. Funds for in-service educational personnel

training.

3. Funds for safe schools.

4. Funds for public school technology.

5. Funds for teacher recruitment and retention.

6. Funds for supplemental academic instruc?

tion.

its annual financial report to the Department of

Education the amount of funds the school board

transferred from each of the categorical funds

identified in this subsection and the specific

academic classroom instruction for which the

transferred funds were expended. The Department

of Education shall provide instructions and specify

the format to be used in submitting this required

information as a part of the district annual financial

report.

(6) DETERMINATION OF SPARSITY

SUPPLEMENT.—

(a) Annually, in an amount to be determined by

the Legislature through the General Appropriations

Act, there shall be added to the basic amount for

current operation of the FEFP qualified districts a

sparsity supplement which shall be computed as

follows:

1101.8918?

district?

Sparsity Factor = 2700+ sparsity -0.1101?

index?

except that districts with a sparsity index of 1,000 or

less shall be computed as having a sparsity index

of 1,000, and districts having a sparsity index of

7,308 and above shall be computed as having a

sparsity factor of zero. A qualified district’s full-time

equivalent student membership shall equal or be

less than that prescribed annually by the Legisla?

ture in the appropriations act. The amount pre?

scribed annually by the Legislature shall be no less

than 17,000, but no more than 24,000.

(b) The district sparsity index shall be com?

puted by dividing the total number of full-time

equivalent students in all programs in the district by

the number of senior high school centers in the

district, not in excess of three, which centers are

approved as permanent centers by a survey made

by the Department of Education.

supplement funds shall be adjusted in the following

manner:

1. A maximum discretionary levy per FTE

value for each district shall be calculated by dividing

the value of each district’s maximum discretionary

levy by its FTE student count;

2. A state average discretionary levy value per

FTE shall be calculated by dividing the total

maximum discretionary levy value for all districts by

the state total FTE student count;

3. For districts that have a levy value per FTE

as calculated in subparagraph 1. higher than the

state average calculated in subparagraph 2., a

sparsity wealth adjustment shall be calculated as

the product of the difference between the state

average levy value per FTE calculated in subpara?

graph 2. and the district’s levy value per FTE

calculated in subparagraph 1. and the district’s FTE

student count and -1;

4. Each district’s sparsity supplement alloca?

tion shall be calculated by adding the amount

calculated as specified in paragraphs (a) and (b)

and the wealth adjustment amount calculated in this

paragraph.

(7) DECLINE IN FULL-TIME EQUIVALENT

STUDENTS.—In those districts where there is a

decline between prior year and current year

unweighted FTE students, 50 percent of the decline

in the unweighted FTE students shall be multiplied

by the prior year calculated FEFP per unweighted

FTE student and shall be added to the allocation for

that district. For this purpose, the calculated FEFP

shall be computed by multiplying the weighted FTE

students by the base student allocation and then by

the district cost differential. If a district transfers a

program to another institution not under the

authority of the district’s school board, including a

charter technical career center, the decline is to be

multiplied by a factor of 0.15.

(8) QUALITY ASSURANCE GUARANTEE.—

The Legislature may annually in the General

Appropriations Act determine a percentage

increase in funds per K-12 unweighted FTE as a

minimum guarantee to each school district. The

guarantee shall be calculated from prior year base

funding per unweighted FTE student which shall

include the adjusted FTE dollars as provided in

subsection (9), quality guarantee funds, and actual

nonvoted discretionary local effort from taxes. From

the base funding per unweighted FTE, the increase

shall be calculated for the current year. The current

year funds from which the guarantee shall be

determined shall include the adjusted FTE dollars

as provided in subsection (9) and potential

nonvoted discretionary local effort from taxes. A

comparison of current year funds per unweighted

FTE to prior year funds per unweighted FTE shall

be computed. For those school districts which have

less than the legislatively assigned percentage

increase, funds shall be provided to guarantee the

assigned percentage increase in funds per

unweighted FTE student. Should appropriated

funds be less than the sum of this calculated

amount for all districts, the commissioner shall

prorate each district’s allocation. This provision shall

be implemented to the extent specifically funded.

(9) TOTAL ALLOCATION OF STATE FUNDS

TO EACH DISTRICT FOR CURRENT OPERA-

TION.—The total annual state allocation to each

district for current operation for the FEFP shall be

distributed periodically in the manner prescribed in

the General Appropriations Act.

(a) The basic amount for current operation for

the FEFP as determined in subsection (1), multi?

plied by the district cost differential factor as

determined in subsection (2), plus the amounts

provided for categorical components within the

FEFP, plus the amount for the sparsity supplement

as determined in subsection (6), the decline in full-

time equivalent students as determined in subsec?

tion (7), and the quality assurance guarantee as

determined in subsection (8), less the required local

effort as determined in subsection (4). If the funds

appropriated for the purpose of funding the total

amount for current operation as provided in this

paragraph are not sufficient to pay the state

requirement in full, the department shall prorate the

available state funds to each district in the following

manner:

1. Determine the percentage of proration by

dividing the sum of the total amount for current

operation, as provided in this paragraph for all

districts collectively, and the total district required

local effort into the sum of the state funds available

for current operation and the total district required

local effort.

2. Multiply the percentage so determined by

the sum of the total amount for current operation as

provided in this paragraph and the required local

effort for each individual district.

3. From the product of such multiplication,

subtract the required local effort of each district;

and the remainder shall be the amount of state

funds allocated to the district for current operation.

(b) The amount thus obtained shall be the net

annual allocation to each school district. However, if

it is determined that any school district received an

underallocation or overallocation for any prior year

because of an arithmetical error, assessment roll

change, full-time equivalent student membership

error, or any allocation error revealed in an audit

report, the allocation to that district shall be

appropriately adjusted. If the Department of

Education audit adjustment recommendation is

based upon controverted findings of fact, the

Commissioner of Education is authorized to

establish the amount of the adjustment based on

the best interests of the state.

the net annual state allocation to each district;

however, notwithstanding any of the provisions

herein, each district shall be guaranteed a minimum

level of funding in the amount and manner pre?

scribed in the General Appropriations Act.

History.—s. 655, ch. 2002-387.

1011.68 Funds for student transportation.—

The

annual allocation to each district for transportation

to public school programs, including charter schools

as provided in s. 1002.33(18)(b), of students in

membership in kindergarten through grade 12 and

in migrant and exceptional student programs below

kindergarten shall be determined as follows:

(1) Subject to the rules of the State Board

of Education, each district shall determine the

membership of students who are transported:

(a) By reason of living 2 miles or more from

school.

(b) By reason of being students with disabili?

ties or enrolled in a teenage parent program,

regardless of distance to school.

prekindergarten program, regardless of distance

from school.

(d) By reason of being career and technical,

dual enrollment, or students with disabilities

transported from one school center to another to

participate in an instructional program or service; or

students with disabilities, transported from one

designation to another in the state, provided one

designation is a school center and provided the

student’s individual educational plan (IEP) identifies

the need for the instructional program or service

and transportation to be provided by the school

district. A “school center” is defined as a public

school center, community college, state university,

or other facility rented, leased, or owned and

operated by the school district or another public

agency. A “dual enrollment student” is defined as a

public school student in membership in both a

public secondary school program and a community

college or a state university program under a

written agreement to partially fulfill ss. 1003.435

and 1007.23 and earning full-time equivalent

membership under s. 1011.62(1)(i).

(e) With respect to elementary school students

whose grade level does not exceed grade 6, by

reason of being subjected to hazardous walking

conditions en route to or from school as provided in

s. 1006.23. Such rules shall, when appropriate,

provide for the determination of membership under

this paragraph for less than 1 year to accommodate

the needs of students who require transportation

only until such hazardous conditions are corrected.

(f) By reason of being a pregnant student or

student parent, and the child of a student parent as

provided in s. 1003.54, regardless of distance from

school.

(2) The allocation for each district shall be

calculated annually in accordance with the following

formula:

T = B + EX. The elements of this formula are

defined as follows: T is the total dollar allocation for

transportation. B is the base transportation dollar

allocation prorated by an adjusted student member?

ship count. The adjusted membership count shall

be derived from a multiplicative index function in

which the base student membership is adjusted by

multiplying it by index numbers that individually

account for the impact of the price level index,

average bus occupancy, and the extent of rural

population in the district. EX is the base transporta?

tion dollar allocation for disabled students prorated

by an adjusted disabled student membership count.

The base transportation dollar allocation for

disabled students is the total state base disabled

student membership count weighted for increased

costs associated with transporting disabled stu?

dents and multiplying it by the prior year’s average

per student cost for transportation. The adjusted

disabled student membership count shall be

derived from a multiplicative index function in which

the weighted base disabled student membership is

adjusted by multiplying it by index numbers that

individually account for the impact of the price level

index, average bus occupancy, and the extent of

rural population in the district. Each adjustment

factor shall be designed to affect the base alloca?

tion by no more or less than 10 percent.

(3) The total allocation to each district for

transportation of students shall be the sum of the

amounts determined in subsection (2). If the funds

appropriated for the purpose of implementing this

section are not sufficient to pay the base transpor?

tation allocation and the base transportation

allocation for disabled students, the Department of

Education shall prorate the available funds on a

percentage basis. If the funds appropriated for the

purpose of implementing this section exceed the

sum of the base transportation allocation and the

base transportation allocation for disabled students,

the base transportation allocation for disabled

students shall be limited to the amount calculated in

subsection (2), and the remaining balance shall be

added to the base transportation allocation.

(4) No district shall use funds to purchase

transportation equipment and supplies at prices

which exceed those determined by the department

to be the lowest which can be obtained, as pre?

scribed in s. 1006.27(1).

(5) Funds allocated or apportioned for the

payment of student transportation services may be

used to pay for transportation of students to and

from school on local general purpose transportation

systems. Student transportation funds may also be

used to pay for transportation of students to and

from school in private passenger cars and boats

when the transportation is for isolated students, or

students with disabilities as defined by rule. Subject

to the rules of the State Board of Education, each

school district shall determine and report the

number of assigned students using general

purpose transportation private passenger cars and

boats. The allocation per student must be equal to

the allocation per student riding a school bus.

(6) Notwithstanding other provisions of this

section, in no case shall any student or students be

counted for transportation funding more than once

per day. This provision includes counting students

for funding pursuant to trips in school buses,

passenger cars, or boats or general purpose

transportation.

(7) Any funds received by a school district

under this section that are not required to transport

students may, at the discretion of the district school

board, be transferred to the district’s Florida

Education Finance Program.

History.—s. 660, ch. 2002-387.

1011.75 Gifted education exemplary program

grants.—

(1) This section shall be known and may be

cited as the “Challenge Grant Program for the

Gifted.”

(2) There is hereby created a grant program

for education for the gifted which shall be adminis?

tered by the Commissioner of Education in coop?

eration and consultation with appropriate organiza?

tions and associations concerned with education for

the gifted and pursuant to rules adopted by the

State Board of Education. The program may be

implemented in any public school.

(3) Pursuant to policies and rules to be

adopted by the State Board of Education, each

district school board, two or more district school

boards in cooperation, or a public school principal

through the district school board may submit to the

commissioner a proposed program designed to

effectuate an exemplary program for education for

the gifted in a school, district, or group of districts.

Consideration for funding shall be given to pro?

posed programs of district school boards that are

developed with the cooperation of a community

college or public or private college or university for

the purpose of providing advanced accelerated

instruction for public school students pursuant to s.

1003.435. In order to be approved, a program

proposal must include:

(a) Clearly stated goals and objectives

expressed, to the maximum extent possible, in

measurable terms.

(b) Information concerning the number of

students, teachers, and other personnel to be

involved in the program.

number of years for which it is to be funded.

(d) Provisions for evaluation of the program

and for its integration into the general curriculum

and financial program of the school district or

districts at the end of the funded period.

(e) Such other information and provisions as

the commissioner requires.

(4) The commissioner shall review and

approve, disapprove, or resubmit for modification all

proposed programs for education for the gifted

submitted. For those programs approved, the

commissioner shall authorize distribution of funds

equal to the cost of the program from funds

appropriated to the Department of Education for

exemplary program grants for education for the

gifted as provided for by this section. These funds

shall be in addition to any funds for education for

the gifted provided pursuant to s. 1011.62.

History.—s. 668, ch. 2002-387.

Florida Statutes Pertaining to Special Programs?

Chapter 1012?

Personnel?

1012.07 Identification of critical teacher short?

age areas.—

(1) As used in ss. 1009.57, 1009.58, and

1009.59, the term “critical teacher shortage area”

applies to mathematics, science, career education,

and high priority location areas. The State Board of

Education may identify career education programs

having critical teacher shortages. The State Board

of Education shall adopt rules pursuant to ss.

120.536(1) and 120.54 necessary to annually

identify other critical teacher shortage areas and

high priority location areas. The state board shall

also consider teacher characteristics such as ethnic

background, race, and sex in determining critical

teacher shortage areas. School grade levels may

also be designated critical teacher shortage areas.

Individual district school boards may identify other

critical teacher shortage areas. Such shortages

must be certified to and approved by the State

Board of Education. High priority location areas

shall be in high-density, low-economic urban

schools and low-density, low-economic rural

schools and shall include schools which meet

criteria which include, but are not limited to, the

percentage of free lunches, the percentage of

students under Chapter I of the Education Consoli?

dation and Improvement Act of 1981, and the

faculty attrition rate.

(2) This section shall be implemented only to

the extent as specifically funded and authorized by

law.

History.—s. 693, ch. 2002-387.

1012.22 Public school personnel; powers and

duties of the district school board.—

The district

school board shall:

(1) 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 this

chapter:

(a) Positions, qualifications, and appoint?

ments.—

1. The district school board shall act upon

written recommendations submitted by the district

school superintendent for positions to be filled, for

minimum qualifications for personnel for the various

positions, and for the persons nominated to fill such

positions.

2. The district school board may reject for good

cause any employee nominated.

3. If the third nomination by the district school

superintendent for any position is rejected for good

cause, if the district school superintendent fails to

submit a nomination for initial employment within a

reasonable time as prescribed by the district school

board, or if the district school superintendent fails to

submit a nomination for reemployment within the

time prescribed by law, the district school board

may proceed on its own motion to fill such position.

4. The district 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) Time to act on nominations.—The district

school board shall act not later than 3 weeks after

the end of the regular legislative session or May 31,

whichever is later, on the district school

superintendent’s nominations of supervisors,

principals, and members of the instructional staff.

1. The district school board shall adopt a

salary schedule or salary schedules designed to

furnish incentives for improvement in training and

for continued efficient service to be used as a basis

for paying all school employees and fix and autho?

rize the compensation of school employees on the

basis thereof.

2. 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. 1012.34,

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, and must

consider prior professional experience in the field of

education gained in positions in addition to district

level instructional and administrative positions.

3. In developing the salary schedule, the

district school board shall seek input from parents,

teachers, and representatives of the business

community.

4. Beginning with the 2002-2003 fiscal year,

each district school board must adopt a perfor-

mance-pay policy for school administrators and

instructional personnel. The district’s performance-

pay policy is subject to negotiation as provided in

chapter 447; however, the adopted salary schedule

must allow school administrators and instructional

personnel who demonstrate outstanding perfor?

mance, as measured under s. 1012.34, to earn a 5?

percent supplement in addition to their individual,

negotiated salary. The supplements shall be funded

from the performance-pay reserve funds adopted in

the salary schedule. The Commissioner of Educa?

tion shall determine whether the district school

board’s adopted salary schedule complies with the

requirement for performance-based pay. If the

district school board fails to comply with this

section, the commissioner shall withhold disburse?

ments from the Educational Enhancement Trust

Fund to the district until compliance is verified.

(d) Contracts and terms of service.—The

district school board shall provide written contracts

for all regular members of the instructional staff.

(e) Transfer and promotion.—The district

school board shall act on recommendations of the

district school superintendent regarding transfer

and promotion of any employee.

(f) Suspension, dismissal, and return to annual

contract status.—The district school board shall

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

this chapter.

(g) Awards and incentives.—The district

school board shall provide for recognition of district

employees, students, school volunteers, and

advisory committee members who have contributed

outstanding and meritorious service in their fields or

service areas. After considering recommendations

of the district school superintendent, the district

school board shall adopt rules establishing and

regulating the meritorious service awards neces?

sary 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 adopted by the board which

will result in eliminating or reducing district school

board expenditures or improving district or school

center operations. Nonmonetary awards shall

include, but are not limited to, certificates, plaques,

medals, ribbons, and photographs. The district

school board may expend funds for such recogni?

tion and awards. No award granted under this

paragraph shall exceed $2,000 or 10 percent of the

first year’s gross savings, whichever is greater.

(h) Planning and training time for teachers.—

The district school board may adopt rules to make

provisions for teachers to have time for lunch and

some planning and training time when they will not

be directly responsible for the children, provided

that some adult supervision shall be furnished for

the students during such periods.

(i) Comprehensive program of staff develop-

ment.—The district school board shall establish a

comprehensive program of staff development.

(2) Adopt policies relating to personnel leave

as follows:

(a) Annual leave.—The district school board

may adopt rules that provide for the earning of

annual leave by employees, including educational

support employees, who are employed for 12

calendar months a year.

(b) Sick leave.—The district school board may

adopt rules relating to sick leave, in accordance

with the provisions of this chapter.

school board may adopt rules relating to illness-in-

the-line-of-duty leave, in accordance with the

provisions of this chapter.

(d) Sabbatical leave.—The district school

board may adopt rules relating to sabbatical leave,

in accordance with the provisions of this chapter.

History.—s. 697, ch. 2002-387.

1012.27 Public school personnel; powers and

duties of district school superintendent.—

The

district school superintendent shall be responsible,

as required herein, for directing the work of the

personnel, subject to the requirements of this

chapter, and in addition the district school superin?

tendent shall have the following duties:

(1) POSITIONS, QUALIFICATIONS, AND

NOMINATIONS.—

(a) Recommend to the district school board

duties and responsibilities which need to be

performed and positions which need to be filled to

make possible the development of an adequate

school program in the district.

(b) Recommend minimum qualifications of

personnel for these various positions, and nominate

in writing persons to fill such positions.

The district school superintendent’s recommen?

dations for filling instructional positions at the

school level must consider nominations received

from school principals of the respective schools.

Before transferring a teacher who holds a profes?

sional teaching certificate from one school to

another, the district school superintendent shall

consult with the principal of the receiving school

and allow the principal to review the teacher’s

records and interview the teacher. If, in the judg?

ment of the principal, students would not benefit

from the placement, an alternative placement may

be sought.

(2) COMPENSATION AND SALARY SCHED-

ULES.—Prepare and recommend to the district

school board for adoption a salary schedule or

salary schedules. The district school superintendent

must recommend a salary schedule for instructional

personnel which bases a portion of each

employee’s compensation on performance demon?

strated under s. 1012.34. In developing the recom?

mended salary schedule, the district school

superintendent shall include input from parents,

teachers, and representatives of the business

community.

(3) CONTRACTS AND TERMS OF SER-

VICE.—Recommend to the district school board

terms for contracting with employees and prepare

such contracts as are approved.

(4) TRANSFER.—Recommend employees for

transfer and transfer any employee during any

emergency and report the transfer to the district

school board at its next regular meeting.

(5) SUSPENSION AND DISMISSAL.—

Suspend members of the instructional staff and

other school employees during emergencies for a

period extending to and including the day of the

next regular or special meeting of the district school

board and notify the district school board immedi?

ately of such suspension. When authorized to do

so, serve notice on the suspended member of the

instructional staff of charges made against him or

her and of the date of hearing. Recommend

employees for dismissal under the terms prescribed

herein.

(6) DIRECT WORK OF EMPLOYEES AND

SUPERVISE INSTRUCTION.—Direct or arrange for

the proper direction and improvement, under rules

of the district school board, of the work of all

members of the instructional staff and other

employees of the district school system, supervise

or arrange under rules of the district school board

for the supervision of instruction in the district, and

take such steps as are necessary to bring about

continuous improvement.

History.—s. 702, ch. 2002-387.

1012.37 Education paraprofessionals.—

district school board may appoint education

paraprofessionals to assist members of the instruc?

tional staff in carrying out their duties and responsi?

bilities. An education paraprofessional shall not be

required to hold a teaching certificate. An education

paraprofessional, while rendering services under

the supervision of a certified teacher, shall be

accorded the same protection of laws as that

accorded the certified teacher. Paid education

paraprofessionals employed by a district school

board shall be entitled to the same rights as those

accorded noninstructional employees of the district

school board.

History.—s. 712, ch. 2002-387.

1012.55 Positions for which certificates re?

quired.—

(1) The State Board of Education shall classify

school services, designate the certification subject

areas, establish competencies, including the use of

technology to enhance student learning, and

certification requirements for all school-based

personnel, and adopt rules in accordance with

which the professional, temporary, and part-time

certificates shall be issued by the Department of

Education to applicants who meet the standards

prescribed by such rules for their class of service.

Each person employed or occupying a position as

school supervisor, school principal, teacher, library

media specialist, school counselor, athletic coach,

or other position in which the employee serves in

an instructional capacity, in any public school of any

district of this state shall hold the certificate

required by law and by rules of the State Board of

Education in fulfilling the requirements of the law for

the type of service rendered. However, the state

board shall adopt rules authorizing district school

boards to employ selected noncertificated person?

nel to provide instructional services in the individu?

als’ fields of specialty or to assist instructional staff

members as education paraprofessionals.

(2) Each person who is employed and renders

service as an athletic coach in any public school in

any district of this state shall hold a valid temporary

or professional certificate or an athletic coaching

certificate. The athletic coaching certificate may be

used for either part-time or full-time positions. The

provisions of this subsection do not apply to any

athletic coach who voluntarily renders service and

who is not employed by any public school district of

this state.

(3) Each person employed as a school nurse

shall hold a license to practice nursing in the state,

and each person employed as a school physician

shall hold a license to practice medicine in the

state.

(4) A commissioned or noncommissioned

military officer who is an instructor of junior reserve

officer training shall be exempt from requirements

for teacher certification, except for the filing of

fingerprints pursuant to s. 1012.32, if he or she

meets the following qualifications:

(a) Is retired from active military duty, pursuant

to chapter 102 of Title 10, U.S.C.

(b) Satisfies criteria established by the

appropriate military service for certification by the

service as a junior reserve officer training instructor.

If such instructor is assigned instructional

duties other than junior reserve officer training, he

or she shall hold the certificate required by law and

rules of the state board for the type of service

rendered.

History.—s. 727, ch. 2002-387.

1012.56 Educator certification requirements.—

completed application containing the applicant’s

(1) APPLICATION.—Each person seeking

social security number to the Department of

certification pursuant to this chapter shall submit a

Education and remit the fee required pursuant to s.

1012.59 and rules of the State Board of Education.

Pursuant to the federal Personal Responsibility and

Work Opportunity Reconciliation Act of 1996, each

party is required to provide his or her social security

number in accordance with this section. Disclosure

of social security numbers obtained through this

requirement shall be limited to the purpose of

administration of the Title IV-D program of the

Social Security Act for child support enforcement.

Pursuant to s. 120.60, the department shall issue

within 90 calendar days after the stamped receipted

date of the completed application:

(a) A certificate covering the classification,

level, and area for which the applicant is deemed

qualified; or

(b) An official statement of status of eligibility.

The statement of status of eligibility must advise the

applicant of any qualifications that must be com?

pleted to qualify for certification. Each statement of

status of eligibility is valid for 2 years after its date

of issuance, except as provided in paragraph (2)(d).

A statement of status of eligibility may be reissued

for one additional 2-year period if application is

made while the initial statement of status of

eligibility is valid or within 1 year after the initial

statement expires, and if the certification subject

area is authorized to be issued by the state board

at the time the application requesting a reissued

statement of status of eligibility is received.

(2) ELIGIBILITY CRITERIA.—To be eligible to

seek certification pursuant to this chapter, a person

must:

(a) Be at least 18 years of age.

(b) File a written statement, under oath, that

the applicant subscribes to and will uphold the

principles incorporated in the Constitution of the

United States and the Constitution of the State of

Florida.

degree from an accredited institution of higher

learning, or a nonaccredited institution of higher

learning that the Department of Education has

identified as having a quality program resulting in a

bachelor’s degree, or higher. Each applicant

seeking initial certification must have attained at

least a 2.5 overall grade point average on a 4.0

scale in the applicant’s major field of study. The

applicant may document the required education by

submitting official transcripts from institutions of

higher education or by authorizing the direct

submission of such official transcripts through

established electronic network systems. The

bachelor’s or higher degree may not be required in

areas approved in rule by the State Board of

Education as nondegreed areas.

(d) Submit to a fingerprint check from the

Department of Law Enforcement and the Federal

Bureau of Investigation pursuant to s. 1012.32. If

the fingerprint reports indicate a criminal history or

if the applicant acknowledges a criminal history, the

applicant’s records shall be referred to the Bureau

of Educator Standards for review and determination

of eligibility for certification. If the applicant fails to

provide the necessary documentation requested by

the Bureau of Educator Standards within 90 days

after the date of the receipt of the certified mail

request, the statement of eligibility and pending

application shall become invalid.

(e) Be of good moral character.

(f) Be competent and capable of performing

the duties, functions, and responsibilities of an

educator.

(g) Demonstrate mastery of general knowl?

edge, pursuant to subsection (3).

(h) Demonstrate mastery of subject area

knowledge, pursuant to subsection (4).

(i) Demonstrate mastery of professional

preparation and education competence, pursuant to

subsection (5).

(3) MASTERY OF GENERAL KNOWL-

EDGE.—Acceptable means of demonstrating

mastery of general knowledge are:

(a) Achievement of passing scores on basic

skills examination required by state board rule;

(b) Achievement of passing scores on the

College Level Academic Skills Test earned prior to

July 1, 2002;

by another state that requires an examination of

mastery of general knowledge;

(d) A valid standard teaching certificate issued

by another state and valid certificate issued by the

National Board for Professional Teaching Stan?

dards; or

(e) A valid standard teaching certificate issued

by another state and documentation of 2 years of

continuous successful full-time teaching or adminis?

trative experience during the 5-year period immedi?

ately preceding the date of application for certifica?

tion.

(4) MASTERY OF SUBJECT AREA KNOWL-

EDGE.—Acceptable means of demonstrating

mastery of subject area knowledge are:

(a) Achievement of passing scores on subject

area examinations required by state board rule;

(b) Completion of the subject area specializa?

tion requirements specified in state board rule and

verification of the attainment of the essential

subject matter competencies by the district school

superintendent of the employing school district or

chief administrative officer of the employing state-

supported or private school for a subject area for

which a subject area examination has not been

developed and required by state board rule;

area specialization requirements specified in state

board rule for a subject coverage requiring a

master’s or higher degree and achievement of a

passing score on the subject area examination

specified in state board rule;

100

(d) A valid standard teaching certificate issued

by another state that requires an examination of

mastery of subject area knowledge;

(e) A valid standard teaching certificate issued

by another state and valid certificate issued by the

National Board for Professional Teaching Stan?

dards; or

(f) A valid standard teaching certificate issued

by another state and documentation of 2 years of

continuous successful full-time teaching or adminis?

trative experience during the 5-year period immedi?

ately preceding the date of application for certifica?

tion.

(5) MASTERY OF PROFESSIONAL PREPA?

RATION AND EDUCATION COMPETENCE.—

Acceptable means of demonstrating mastery of

professional preparation and education competence

are:

(a) Completion of an approved teacher

preparation program at a postsecondary educa?

tional institution within this state and achievement

of a passing score on the professional education

competency examination required by state board

rule;

(b) Completion of a teacher preparation

program at a postsecondary educational institution

outside Florida and achievement of a passing score

on the professional education competency exami?

nation required by state board rule;

by another state that requires an examination of

mastery of professional education competence;

(d) A valid standard teaching certificate issued

by another state and valid certificate issued by the

National Board for Professional Teaching Stan?

dards;

(e) A valid standard teaching certificate issued

by another state and documentation of 2 years of

continuous successful full-time teaching or adminis?

trative experience during the 5-year period immedi?

ately preceding the date of application for certifica?

tion;

(f) Completion of professional preparation

courses as specified in state board rule, successful

completion of a professional education competence

demonstration program pursuant to paragraph

(7)(b), and achievement of a passing score on the

professional education competency examination

required by state board rule; or

(g) Successful completion of a professional

preparation alternative certification and education

competency program, outlined in paragraph (7)(a).

(6) TYPES AND TERMS OF CERTIFICA?

TION.—

(a) The Department of Education shall issue a

professional certificate for a period not to exceed 5

years to any applicant who meets all the require?

ments outlined in subsection (2).

(b) The department shall issue a temporary

certificate to any applicant who completes the

requirements outlined in paragraphs (2)(a)-(f) and

completes the subject area content requirements

specified in state board rule or demonstrates

mastery of subject area knowledge pursuant to

subsection (4) and holds an accredited degree or a

degree approved by the Department of Education

at the level required for the subject area specializa?

tion in state board rule.

able 2-year temporary certificate and one nonre?

newable 5-year professional certificate to a quali?

fied applicant who holds a bachelor’s degree in the

area of speech-language impairment to allow for

completion of a master’s degree program in

speech-language impairment.

Each temporary certificate is valid for 3 school

fiscal years and is nonrenewable. However, the

requirement in paragraph (2)(g) must be met within

1 calendar year of the date of employment under

the temporary certificate. Individuals who are

employed under contract at the end of the 1

calendar year time period may continue to be

employed through the end of the school year in

which they have been contracted. A school district

shall not employ, or continue the employment of, an

individual in a position for which a temporary

certificate is required beyond this time period if the

individual has not met the requirement of paragraph

(2)(g). The State Board of Education shall adopt

rules to allow the department to extend the validity

period of a temporary certificate for 2 years when

the requirements for the professional certificate, not

including the requirement in paragraph (2)(g), were

not completed due to the serious illness or injury of

the applicant or other extraordinary extenuating

circumstances. The department shall reissue the

temporary certificate for 2 additional years upon

approval by the Commissioner of Education. A

written request for reissuance of the certificate shall

be submitted by the district school superintendent,

the governing authority of a university lab school,

the governing authority of a state-supported school,

or the governing authority of a private school.

(7) PROFESSIONAL PREPARATION ALTER?

NATIVE CERTIFICATION AND EDUCATION

COMPETENCY PROGRAM.—

(a) The Department of Education shall develop

and each school district must provide a cohesive

competency-based professional preparation

alternative certification program by which members

of a school district’s instructional staff may satisfy

the mastery of professional preparation and

education competence requirements specified in

this subsection and rules of the State Board of

Education. Participants must hold a state-issued

temporary certificate. A school district shall provide

a competency-based alternative certification

preparation program developed by the Department

of Education or developed by the district and

approved by the Department of Education. The

program shall include the following components:

101

1. A minimum period of initial preparation prior

to assuming duties as the teacher of record.

2. An option for collaboration between school

districts and other supporting agencies for imple?

mentation.

3. Experienced peer mentors.

4. An assessment that provides for:

a. An initial evaluation of each educator’s

competencies to determine an appropriate individu?

alized professional development plan.

b. A postevaluation to assure successful

completion of the program.

5. Professional education preparation content

knowledge that includes, but is not limited to, the

following:

a. Requirements specified in state board rule

for professional preparation.

b. The educator-accomplished practices

approved by the state board.

c. A variety of data indicators for student

progress.

d. Methodologies, including technology-based

methodologies, for teaching subject content that

supports the Sunshine State Standards for stu?

dents.

e. Techniques for effective classroom manage?

ment.

f. Techniques and strategies for

operationalizing the role of the teacher in assuring

a safe learning environment for students.

g. Methodologies for assuring the ability of all

students to read, write, and compute.

6. Required achievement of passing scores on

the professional education competency examination

required by state board rule.

(b) Each school district must and a state

supported public school or a private school may

develop and maintain a system by which members

of the instructional staff may demonstrate mastery

of professional education competence as required

by law. Each program must be based on classroom

application and instructional performance and must

include a performance evaluation plan for docu?

menting the demonstration of required professional

education competence.

(8) EXAMINATIONS.—

(a) The Commissioner of Education, with the

approval of the State Board of Education, may

contract for developing, printing, administering,

scoring, and appropriate analysis of the written

examinations required.

(b) The State Board of Education shall, by

rule, specify the examination scores that are

required for the issuance of a professional certifi?

cate and temporary certificate. Such rules must

define generic subject area competencies and must

establish uniform evaluation guidelines.

designate the certification areas for subject area

examinations. All required examinations may be

taken prior to graduation.

(d) If an applicant takes an examination

developed by this state and does not achieve the

score necessary for certification, the applicant may

review his or her completed examination and bring

to the attention of the department any errors that

would result in a passing score.

(e) For any examination developed by this

state, the Department of Education and the State

Board of Education shall maintain confidentiality of

the examination, developmental materials, and

workpapers, which are exempt from s. 119.07(1).

(f) The examinations used for demonstration of

mastery of general knowledge, professional

education competence, and subject area knowl?

edge shall be aligned with student standards

approved by the state board. The delivery system

for these examinations shall provide for overall

efficiency, user-friendly application, reasonable

accessibility to prospective teachers, and prompt

attainment of examination results. The examination

of competency for demonstration of subject area

knowledge shall be sufficiently comprehensive to

assess subject matter expertise for individuals who

have acquired subject knowledge either through

college credit or by other means.

(g) All examination instruments, including

developmental materials and workpapers directly

related thereto, which are prepared, prescribed, or

administered pursuant to this section shall be

confidential and exempt from the provisions of s.

119.07(1) and from s. 1001.52. Provisions govern?

ing access to, maintenance of, and destruction of

such instruments and related materials shall be

prescribed by rules of the State Board of Education.

(9) NONCITIZENS.—

(a) The State Board of Education may adopt

rules for issuing certificates to noncitizens who are

needed to teach and who are legally admitted to the

United States through the United States Immigra?

tion and Naturalization Service. The filing of a

written oath to uphold the principles of the Constitu?

tion of the United States and the Constitution of the

State of Florida, required under paragraph (2)(b),

does not apply to individuals assigned to teach on

an exchange basis.

(b) A certificate may not be issued to a citizen

of a nation controlled by forces that are antagonistic

to democratic forms of government, except to an

individual who has been legally admitted to the

United States through the United States Immigra?

tion and Naturalization Service.

(10) DENIAL OF CERTIFICATE.—

(a) The Department of Education may deny an

applicant a certificate if the department possesses

evidence satisfactory to it that the applicant has

committed an act or acts, or that a situation exists,

for which the Education Practices Commission

102

would be authorized to revoke a teaching certifi?

cate.

(b) The decision of the department is subject

to review by the Education Practices Commission

upon the filing of a written request from the appli?

cant within 20 days after receipt of the notice of

denial.

(11) STATE BOARD RULES.—The State

Board of Education shall adopt rules pursuant to ss.

120.536 and 120.54, as necessary to implement

this section.

(12) PRIOR APPLICATION.—Persons who

apply for certification are governed by the law and

rules in effect at the time of application for issuance

of the initial certificate, provided that continuity of

certificates is maintained.

(13) PERSONNEL RECORDS.—The Depart?

ment of Education shall maintain a complete

statement of the academic preparation, profes?

sional training, and teaching experience of each

person to whom a certificate is issued. The appli?

cant or the district school superintendent shall

furnish the information using a format or forms

provided by the department.

(14) AUTHORITY OF COMMISSIONER.—The

Commissioner of Education may make decisions

regarding an applicant’s certification under extenu?

ating circumstances not otherwise provided for in

statute or by rule. However, an applicant for

certification approved by the commissioner must

possess the credentials, knowledge, and skills

necessary to provide quality education in the public

schools.

(15) COMPARISON OF ROUTES TO A

PROFESSIONAL CERTIFICATE.—Beginning with

the 2003-2004 school year, the Department of

Education shall conduct a longitudinal study to

compare performance of certificateholders who are

employed in Florida school districts. The study shall

compare a sampling of educators who have

qualified for a professional certificate since July 1,

2002, based on the following:

(a) Graduation from a state-approved teacher

preparation program.

(b) Completion of a state-approved profes?

sional preparation and education competency

program.

by a state other than Florida.

The department comparisons shall be made to

determine if there is any significant difference in the

performance of these groups of teachers, as

measured by their students’ achievement levels and

learning gains as measured by s. 1008.22.

History.—s. 728, ch. 2002-387.

1012.58 Transition to Teaching Program.—

(1) LEGISLATIVE INTENT.—The Transition to

Teaching Program is created to encourage and

assist midcareer professionals who want to become

teachers.

(2) GRANTS; ELIGIBLE APPLICANTS.—

(a) The Commissioner of Education shall

design the process for receiving and evaluating

grant proposals in accordance with state and

federal appropriations guidelines. Grants may be

awarded only to the extent that funding is provided.

(b) The Commissioner of Education shall

request proposals from eligible applicants to

participate in the program. Each application must:

1. Describe the target group of career-

changing professionals upon which the applicant

will focus in carrying out its program, including a

description of the characteristics of the target group

that shows how the knowledge and experience of

its members are likely to improve their ability to

become effective teachers.

2. Describe how the applicant will identify and

recruit program participants.

3. Describe how the applicant will ensure that

program participants are placed and teach in

eligible school districts in this state.

4. Describe the teacher support services that

program participants will receive throughout at least

their first year of teaching.

5. Describe how the applicant will collaborate

with other institutions, agencies, or organizations to

recruit, train, place, and support program partici?

pants, including evidence of the commitment of

those institutions, agencies, or organizations to the

applicant’s program.

require an evaluation process to measure the

progress and effectiveness of the program. This

evaluation must include:

1. The program’s goals and objectives.

2. The performance indicators that the

applicant will use to measure the program’s

progress.

3. The outcome measures that will be used to

determine the program’s effectiveness.

4. An assurance that the applicant will provide

the commissioner with information the commis?

sioner finds necessary to determine the overall

effectiveness of the programs.

(3) PROGRAM IMPLEMENTATION; AUTHO?

RIZED EXPENDITURES.—

(a) An applicant shall estimate the funds

required for the proposed program. All funds

provided for a program must be used as authorized

in federal guidelines.

(b) Eligible applicants are encouraged to

implement the program using the following compo?

nents:

1. Recruiting program participants, including

informing them of opportunities under the program

and putting them in contact with other institutions,

103

agencies, or organizations that will train, place, and

support them in the teaching profession.

2. Assisting providers of teacher training to

tailor their training to meet the particular needs of

professionals who are changing their careers to

teaching.

3. Placement activities, including identifying

eligible local education agencies with a need for the

skills and characteristics of the newly trained

program participants and assisting those partici?

pants to obtain employment in those school

districts.

4. Postplacement support activities for

program participants.

(4) ELIGIBLE PARTICIPANTS; REQUIRE?

MENTS FOR GRANT REPAYMENT.—

(a) Each participant who receives a grant from

the program to pursue a teacher preparation

program must agree to teach in an eligible school

district in this state for at least 3 years after certifi?

cation. To be eligible, a school district must meet

the requirements established in regulations that

implement the Omnibus Appropriations Bill of 2000.

(b) The commissioner shall establish condi?

tions under which a participant must repay all or a

portion of the training stipend if the participant fails

to complete his or her service obligation.

History.—s. 732, ch. 2002-387.

1012.585 Process for renewal of professional

certificates.—

(1)(a) District school boards in this state shall

renew state-issued professional certificates as

follows:

1. Each district school board shall renew state-

issued professional certificates for individuals who

hold a professional certificate by this state and are

employed by that district pursuant to criteria

established in subsections (2), (3), and (4) and

rules of the State Board of Education.

2. The employing school district may charge

the individual an application fee not to exceed the

amount charged by the Department of Education

for such services, including associated late renewal

fees. Each district school board shall transmit

monthly to the department a fee in an amount

established by the State Board of Education for

each renewed certificate. The fee shall not exceed

the actual cost for maintenance and operation of

the statewide certification database and for the

actual costs incurred in printing and mailing such

renewed certificates. As defined in current rules of

the state board, the department shall contribute a

portion of such fee for purposes of funding the

Educator Recovery Network established in s.

1012.798. The department shall deposit all funds

into the Educational Certification Trust Fund for use

as specified in s. 1012.59.

(b) The department shall renew state-issued

professional certificates for individuals who are not

employed by a district school board of this state

pursuant to criteria established in subsections (2),

(3), and (4) and requirements specified in rules of

the state board.

(2)(a) All professional certificates, except a

nonrenewable professional certificate, shall be

renewable for successive periods not to exceed 5

years after the date of submission of documentation

of completion of the requirements for renewal

provided in subsection (3). Only one renewal may

be granted during each 5-year validity period of a

professional certificate.

(b) A teacher with national certification from

the National Board for Professional Teaching

Standards is deemed to meet state renewal

requirements for the life of the teacher’s national

certificate in the subject shown on the national

certificate.

received by the department or by the employing

school district before the expiration of the profes?

sional certificate, the application form, application

fee, and a late fee must be submitted before July 1

of the year following expiration of the certificate in

order to renew the professional certificate.

(d) The State Board of Education shall adopt

rules to allow a 1-year extension of the validity

period of a professional certificate in the event of

serious illness, injury, or other extraordinary

extenuating circumstances of the applicant. The

department shall grant such 1-year extension upon

written request by the applicant or by the district

school superintendent or the governing authority of

a university lab school, state-supported school, or

private school that employs the applicant.

(3) For the renewal of a professional certifi?

cate, the following requirements must be met:

(a) The applicant must earn a minimum of 6

college credits or 120 inservice points or a combi?

nation thereof. For each area of specialization to be

retained on a certificate, the applicant must earn at

least 3 of the required credit hours or equivalent

inservice points in the specialization area. Educa?

tion in “clinical educator” training pursuant to s.

1004.04(5)(b) and credits or points that provide

training in the area of exceptional student educa?

tion, normal child development, and the disorders of

development may be applied toward any specializa?

tion area. Credits or points that provide training in

the areas of drug abuse, child abuse and neglect,

strategies in teaching students having limited

proficiency in English, or dropout prevention, or

training in areas identified in the educational goals

and performance standards adopted pursuant to ss.

1000.03(5) and 1001.23 may be applied toward any

specialization area. Credits or points earned

through approved summer institutes may be applied

toward the fulfillment of these requirements.

104

Inservice points may also be earned by participa?

tion in professional growth components approved

by the State Board of Education and specified

pursuant to s. 1012.98 in the district’s approved

master plan for inservice educational training,

including, but not limited to, serving as a trainer in

an approved teacher training activity, serving on an

instructional materials committee or a state board

or commission that deals with educational issues,

or serving on an advisory council created pursuant

to s. 1001.452.

(b) In lieu of college course credit or inservice

points, the applicant may renew a specialization

area by passage of a state board approved subject

area test.

two specialization areas on the certificate, the

applicant shall be permitted two successive validity

periods for renewal of all specialization areas, but

must earn no fewer than 6 college course credit

hours or the equivalent in any one validity period.

(d) The State Board of Education shall adopt

rules for the expanded use of training for renewal of

the professional certificate for educators who are

required to complete training in teaching students

of limited English proficiency as follows:

1. A teacher who holds a professional certifi?

cate may use college credits or inservice points

completed in English-for-Speakers-of-Other-

Languages training in excess of 6 semester hours

during one certificate-validity period toward renewal

of the professional certificate during the subsequent

validity periods.

2. A teacher who holds a temporary certificate

may use college credits or inservice points com?

pleted in English-for-Speakers-of-Other-Languages

training toward renewal of the teacher’s first

professional certificate. Such training must not have

been included within the degree program, and the

teacher’s temporary and professional certificates

must be issued for consecutive school years.

(4) When any person who holds a valid

temporary certificate or professional certificate is

called into or volunteers for actual wartime service

or required peacetime military service training, the

certificate shall be renewed for a period of time

equal to the time spent in military service if the

person makes proper application and presents

substantiating evidence to the department or the

employing school district regarding such military

service.

(5) The State Board of Education shall adopt

rules to allow the reinstatement of expired profes?

sional certificates. The department may reinstate an

expired professional certificate if the

certificateholder:

(a) Submits an application for reinstatement of

the expired certificate.

(b) Documents completion of 6 college credits

during the 5 years immediately preceding reinstate?

ment of the expired certificate, completion of 120

inservice points, or a combination thereof, in an

area specified in paragraph (3)(a).

reinstatement of the certificate, achieves a passing

score on the subject area test for each subject to be

shown on the reinstated certificate.

The requirements of this subsection may not

be satisfied by subject area tests or college credits

completed for issuance of the certificate that has

expired.

History.—s. 733, ch. 2002-387.

105

Florida Statutes Pertaining to Special Programs?

Chapter 402?

Health and Human Services; Miscellaneous Provisions; Etc.?

402.22 Education program for students who

reside in residential care facilities operated by

the Department of Children and Family Ser?

vices

.—

(1)(a) The Legislature recognizes that the

Department of Children and Family Services has

under its residential care students with critical

problems of physical impairment, emotional distur?

bance, mental impairment, and learning impairment.

(b) The Legislature recognizes the vital role of

education in the rehabilitation of such students. It is

the intent of the Legislature that all such students

benefit from educational services and receive such

services.

educational services be coordinated with appropri?

ate and existing diagnostic and evaluative, social,

followup, and other therapeutic services of the

Department of Children and Family Services so that

the effect of the total rehabilitation process is

maximized.

(d) It is the intent of the Legislature that, as

educational programs for students in residential care

facilities are implemented by the district school

board, educational personnel in the Department of

Children and Family Services residential care

facilities who meet the qualifications for employees

of the district school board be employed by the

district school board.

(2) District school boards shall establish

educational programs for all students ages 5 through

18 under the residential care of the Department of

Children and Family Services and may provide for

students below age 3 as provided for in s.

232.01(1)(e). Funding of such programs shall be

pursuant to s. 236.081.

(3) Notwithstanding any provisions of chapters

39, 393, 394, and 397 to the contrary, the services of

the Department of Children and Family Services and

those of the Department of Education and district

school boards shall be mutually supportive and

complementary of each other. The education

programs provided by the district school board shall

meet the standards prescribed by the State Board of

Education and the district school board. Decisions

regarding the design and delivery of Department of

Children and Family Services treatment or

habilitative services shall be made by interdiscipli?

nary teams of professional and paraprofessional

staff of which appropriate district school system

administrative and instructional personnel shall be

invited to be participating members. The require?

ments for maintenance of confidentiality as pre?

scribed in chapters 39, 393, 394, and 397 shall be

applied to information used by such interdisciplinary

teams, and such information shall be exempt from

the provisions of ss. 119.07(1) and 286.011.

(4) Students age 18 and under who are under

the residential care of the Department of Children

and Family Services and who receive an education

program shall be calculated as full-time equivalent

student membership in the appropriate cost factor as

provided for in s. 236.081(1)(c). Residential care

facilities of the Department of Children and Family

Services shall include, but not be limited to, develop?

mental services institutions and state mental health

facilities. All students shall receive their education

program from the district school system, and funding

shall be allocated through the Florida Education

Finance Program for the district school system.

(5) Instructional and special educational

services which are provided to mental health and

retardation clients in the Department of Children and

Family Services residential care facilities by local

school districts shall not be less than 180 days or

900 hours; however, the 900 hours may be distrib?

uted over a 12-month period, unless otherwise

stated in rules developed by the State Board of

Education with the concurrence of the Department

of Children and Family Services promulgated

pursuant to subsection (6).

(6) The State Board of Education and the

Department of Children and Family Services shall

have the authority to promulgate rules which shall

assist in the orderly transfer of the instruction of

students from Department of Children and Family

Services residential care facilities to the district

school system or to the public education agency and

which shall assist in implementing the specific intent

as stated in this act.

(7) Notwithstanding the provisions of s.

230.23(4)(n), 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 educational agencies. The annual

state allocation to any such agency shall be com?

puted pursuant to s. 236.081(1), (2), and (5) and

allocated in the amount that would have been

provided the local school district in which the

residential facility is located.

History.—ss. 1, 2, ch. 71-350; s. 4, ch. 79-184; s. 1, ch. 80-143; s. 4, ch.

80-240; ss. 1, 2, ch. 81-272; s. 2, ch. 82-153; s. 57, ch. 83-218; s. 16, ch. 85?

109; s. 24, ch. 89-308; s. 1, ch. 90-7; ss. 7, 9, ch. 90-208; s. 26, ch. 93-39; s. 78,

ch. 95-143; s. 238, ch. 96-406; s. 66, ch. 97-190; s. 5, ch. 98-186.

107

402.45 Community resource mother or father

program.

—

(1) The Department of Health shall establish a

community resource mother or father program

pursuant to this section within the resources

allocated. The purpose of the program shall be to

demonstrate the benefits of utilizing community

resource mothers or fathers to improve maternal and

child health outcomes; to enhance parenting and

child development, including the educational

enrichment of children through the promotion of

increased awareness by mothers and fathers of their

own strengths and potentials as home educators; to

support family integrity through the provision of

social support and parent education and training; to

provide assistance to children at high risk for

delinquent behavior and their parents; and to provide

assistance to high-risk pregnant women and to high-

risk or handicapped infants, toddlers, and preschool

children and their parents.

(2) The Department of Health shall contract

with county health departments, other public

agencies, or not-for-profit agencies, or any combina?

tion thereof, to carry out the programs utilizing

community resource mother or father services.

(3) A community resource mother or father

shall be an individual who by residence and re?

sources is able to identify with the target population,

and meets the following minimum criteria:

(a) Is at least 25 years of age.

(b) Is a mother or father.

or a person with an income below the federal

poverty level, or has an income equivalent to

community clients.

(4) The Department of Health may, in addition

to the criteria in

1subsection (4), require other criteria

to contract for community resource mother or father

services.

(5) The Department of Health shall develop the

program guidelines.

(6) Individuals under contract to provide

community resource mother or father services shall

participate in preservice and ongoing training as

determined by the Department of Health in consulta?

tion with the State Coordinating Council for School

Readiness Programs. A community resource mother

or father shall not be assigned a client caseload until

all preservice training requirements are completed.

(7) The community resource mother or father

shall be assigned a caseload based on the criteria

established by the Department of Health, which

criteria consider geographic distance, severity of

problems on the caseload, and skills needed to

address the problems. A plan shall be developed for

each case that includes, at a minimum:

(a) A statement of the high-risk pregnant

woman’s problems or high-risk child’s problems and

needs.

(b) The goals and objectives of the intervention

program.

nity resource mother or father.

(d) Community resources to be used.

(e) Schedule of visits between community

resource mothers or fathers and clients.

(8) Supervision of the community resource

mother or father shall be the responsibility of the

county health department or other public agency or

nonprofit agency under contract to the department,

whichever is appropriate, and may be delegated to a

community agency under contract.

(9) The department may adopt rules necessary

to implement this section.

History.—s. 9, ch. 89-379; s. 2, ch. 90-192; s. 5, ch. 91-429; s. 123, ch.

94-209; s. 84, ch. 96-175; s. 192, ch. 97-101; s. 35, ch. 99-5; s. 151, ch. 99-8; s.

90, ch. 2000-165; s. 20, ch. 2000-337; s. 26, ch. 2001-170.

1Note.—Redesignated as subsection (3) to conform to the repeal of

former subsection (2) by s. 26, ch. 2001-170.

108

Florida Statutes Pertaining to Special Programs

Chapter 411:

Handicap or High-Risk Condition Prevention and Early Childhood

Assistance—Part I, General Provisions

411.01 Florida Partnership for School Readi?

ness; school readiness coalitions.

—

(1) SHORT TITLE.—This section may be cited

as the “School Readiness Act.”

(2) LEGISLATIVE INTENT.—

(a) The Legislature recognizes that school

readiness programs increase children’s chances of

future educational success and becoming productive

members of society. It is the intent of the Legislature

that such programs be developmentally appropriate,

research-based, involve parents as their child’s first

teacher, serve as preventive measures for children

at risk of future school failure, enhance the educa?

tional readiness of eligible children, and support

family education. Each school readiness program

shall provide the elements necessary to prepare at-

risk children for school, including health screening

and referral and an appropriate educational program.

(b) It is the intent of the Legislature that school

readiness programs be operated on a full-day, year-

round basis to the maximum extent possible to

enable parents to work and become financially self-

sufficient.

readiness programs not exist as isolated programs,

but build upon existing services and work in coop?

eration with other programs for young children, and

that school readiness programs be coordinated and

funding integrated to achieve full effectiveness.

(d) It is the intent of the Legislature that the

administrative staff at the state level for school

readiness programs be kept to the minimum

necessary to carry out the duties of the Florida

Partnership for School Readiness, as the school

readiness programs are to be locally designed,

operated, and managed, with the Florida Partnership

for School Readiness adopting a system for measur?

ing school readiness; developing school readiness

program performance standards, outcome measure?

ments, and data design and review; and approving

and reviewing local school readiness coalitions and

plans.

(e) It is the intent of the Legislature that

appropriations for combined school readiness

programs shall not be less than the programs would

receive in any fiscal year on an uncombined basis.

(f) It is the intent of the Legislature that the

school readiness program coordinate and operate in

conjunction with the district school systems. How?

ever, it is also the intent of the Legislature that the

school readiness program not be construed as part

of the system of free public schools but rather as a

separate program for children under the age of

kindergarten eligibility, funded separately from the

system of free public schools, utilizing a mandatory

sliding fee scale, and providing an integrated and

seamless system of school readiness services for

the state’s birth-to-kindergarten population.

(g) It is the intent of the Legislature that the

federal child care income tax credit be preserved for

school readiness programs.

(h) It is the intent of the Legislature that school

readiness services shall be an integrated and

seamless system of services with a developmentally

appropriate education component for the state’s

eligible birth-to-kindergarten population described in

subsection (6) and shall not be construed as part of

the seamless K-20 education system except for the

administration of the uniform screening system upon

entry into kindergarten.

(3) SCHOOL READINESS PROGRAM.—

(a) The school readiness program shall be

phased in on a coalition-by-coalition basis. Each

coalition’s school readiness program shall have

available to it funding from all the coalition’s early

education and child care programs that are funded

with state, federal, lottery, or local funds, including

but not limited to Florida First Start programs, Even-

Start literacy programs, prekindergarten early

intervention programs, Head Start programs,

programs offered by public and private providers of

child care, migrant prekindergarten programs, Title I

programs, subsidized child care programs, and teen

parent programs, together with any additional funds

appropriated or obtained for purposes of this section.

These programs and their funding streams shall be

components of the coalition’s integrated school

readiness program, with the goal of preparing

children for success in school.

(b) Nothing contained in this act is intended to:

1. Relieve parents and guardians of their own

obligations to ready their children for school; or

2. Create any obligation to provide publicly

funded school readiness programs or services

beyond those authorized by the Legislature.

(4) FLORIDA PARTNERSHIP FOR SCHOOL

READINESS.—

(a) The Florida Partnership for School Readi?

ness was created to fulfill three major purposes: to

administer school readiness program services that

help parents prepare eligible children for school; to

coordinate the provision of school readiness

services on a full-day, full-year, full-choice basis to

the extent possible in order to enable parents to

work and be financially self-sufficient; and to

establish a uniform screening instrument to be

109

implemented by the Department of Education and

administered by the school districts upon entry into

kindergarten to assess the readiness for school of all

children. Readiness for kindergarten is the outcome

measure of the success of each school readiness

program that receives state or federal funds. The

partnership is assigned to the Agency for Workforce

Innovation for administrative purposes.

(b) The Florida Partnership for School Readi?

ness shall:

1. Coordinate the birth-to-kindergarten services

for children who are eligible pursuant to subsection

(6) and the programmatic, administrative, and fiscal

standards pursuant to this section for all public

providers of school readiness programs.

2. Continue to provide unified leadership for

school readiness through local school readiness

coalitions.

3. Focus on improving the educational quality of

all publicly funded school readiness programs.

Readiness shall include the Lieutenant Governor,

the Commissioner of Education, the Secretary of

Children and Family Services, and the Secretary of

Health, or their designees, and the chair of the Child

Care Executive Partnership Board, and the chairper?

son of the Board of Directors of Workforce Florida,

Inc. When the Lieutenant Governor or an agency

head appoints a designee, the designee must be an

individual who attends consistently, and, in the event

that the Lieutenant Governor or agency head and

his or her designee both attend a meeting, only one

of them may vote.

2. The partnership shall also include 14

members of the public who shall be business,

community, and civic leaders in the state who are

not elected to public office. These members and

their families must not have a direct contract with

any local coalition to provide school readiness

services. The members must be geographically and

demographically representative of the state. Each

member shall be appointed by the Governor from a

list of nominees submitted by the President of the

Senate and the Speaker of the House of Represen?

tatives. By July 1, 2001, four members shall be

appointed as follows: two members shall be from the

child care industry, one representing the private for-

profit sector appointed by the Governor from a list of

two nominees submitted by the President of the

Senate and one representing faith-based providers

appointed by the Governor from a list of two nomi?

nees submitted by the Speaker of the House of

Representatives; and two members shall be from the

business community, one appointed by the Governor

from a list of two nominees submitted by the

President of the Senate and one appointed by the

Governor from a list of two nominees submitted by

the Speaker of the House of Representatives.

Members shall be appointed to 4-year terms of

office. The members of the partnership shall elect a

chairperson annually from the nongovernmental

members of the partnership. Any vacancy on the

partnership shall be filled in the same manner as the

original appointment.

(d) The partnership shall meet at least quarterly

but may meet as often as it deems necessary to

carry out its duties and responsibilities. Members of

the partnership shall participate without proxy at the

quarterly meetings. The partnership may take official

action by a majority vote of the members present at

any meeting at which a quorum is present.

(e) Members of the partnership are subject to

the ethics provisions in part III of chapter 112, and

no member may derive any financial benefit from the

funds administered by the Florida Partnership for

School Readiness.

(f) Members of the partnership shall serve

without compensation but are entitled to reimburse?

ment for per diem and travel expenses incurred in

the performance of their duties as provided in s.

112.061, and reimbursement for other reasonable,

necessary, and actual expenses.

(g) For the purposes of tort liability, the mem?

bers of the partnership and its employees shall be

governed by s. 768.28.

(h) The partnership shall appoint an executive

director who shall serve at the pleasure of the

Governor. The executive director shall perform the

duties assigned to him or her by the partnership. The

executive director shall be responsible for hiring,

subject to the approval of the partnership, all

employees and staff members, who shall serve

under his or her direction and control.

(i) For purposes of administration of the federal

Child Care and Development Fund, 45 C.F.R. parts

98 and 99, the partnership may be designated by

the Governor as the lead agency, and if so desig?

nated shall comply with the lead agency responsibili?

ties pursuant to federal law.

(j) The Florida Partnership for School Readi?

ness is the principal organization responsible for the

enhancement of school readiness for the state’s

children, and shall:

1. Be responsible for the prudent use of all

public and private funds in accordance with all legal

and contractual requirements.

2. Provide final approval and periodic review of

coalitions and plans.

3. Provide leadership for enhancement of

school readiness in this state by aggressively

establishing a unified approach to the state’s efforts

toward enhancement of school readiness. In support

of this effort, the partnership may develop and

implement specific strategies that address the

state’s school readiness programs.

4. Safeguard the effective use of federal, state,

local, and private resources to achieve the highest

possible level of school readiness for the state’s

children.

5. Provide technical assistance to coalitions.

110

6. Assess gaps in service.

7. Provide technical assistance to counties that

form a multicounty coalition.

8.a. Adopt a system for measuring school

readiness that provides objective data regarding the

expectations for school readiness, and establish a

method for collecting the data and guidelines for

using the data. The measurement, the data collec?

tion, and the use of the data must serve the state?

wide school readiness goal. The criteria for deter?

mining which data to collect should be the useful?

ness of the data to state policymakers and local

program administrators in administering programs

and allocating state funds, and must include the

tracking of school readiness system information

back to individual school readiness programs to

assist in determining program effectiveness.

b. Adopt a system for evaluating the perfor?

mance of students through the third grade to

compare the performance of those who participated

in school readiness programs with the performance

of students who did not participate in school

readiness programs in order to identify strategies for

continued successful student performance.

9. Develop and adopt performance standards

and outcome measures.

(k) The partnership may adopt rules necessary

to administer the provisions of this section which

relate to preparing and implementing the system for

school readiness, collecting data, approving local

school readiness coalitions and plans, providing a

method whereby a coalition can serve two or more

counties, awarding incentives to coalitions, and

issuing waivers.

(l) The Florida Partnership for School Readi?

ness shall have all powers necessary to carry out

the purposes of this section, including, but not

limited to, the power to receive and accept grants,

loans, or advances of funds from any public or

private agency and to receive and accept from any

source contributions of money, property, labor, or

any other thing of value, to be held, used, and

applied for the purposes of this section.

(m) The Florida Partnership for School Readi?

ness shall have a budget, and shall be financed

through an annual appropriation made for this

purpose in the General Appropriations Act.

(n) The partnership shall coordinate the efforts

toward school readiness in this state and provide

independent policy analyses and recommendations

to the Governor, the Florida Board of Education, and

the Legislature.

(o) The partnership shall prepare and submit to

the Florida Board of Education a system for measur?

ing school readiness. The system must include a

uniform screening, which shall provide objective data

regarding the following expectations for school

readiness which shall include, at a minimum:

1. The child’s immunizations and other health

requirements as necessary, including appropriate

vision and hearing screening and examinations.

2. The child’s physical development.

3. The child’s compliance with rules, limitations,

and routines.

4. The child’s ability to perform tasks.

5. The child’s interactions with adults.

6. The child’s interactions with peers.

7. The child’s ability to cope with challenges.

8. The child’s self-help skills.

9. The child’s ability to express his or her needs.

10. The child’s verbal communication skills.

11. The child’s problem-solving skills.

12. The child’s following of verbal directions.

13. The child’s demonstration of curiosity,

persistence, and exploratory behavior.

14. The child’s interest in books and other

printed materials.

15. The child’s paying attention to stories.

16. The child’s participation in art and music

activities.

17. The child’s ability to identify colors, geomet?

ric shapes, letters of the alphabet, numbers, and

spatial and temporal relationships.

(p) The partnership shall prepare a plan for

implementing the system for measuring school

readiness in such a way that all children in this state

will undergo the uniform screening established by

the partnership when they enter kindergarten.

Children who enter public school for the first time in

first grade must undergo a uniform screening

approved by the partnership for use in first grade.

Because children with disabilities may not be able to

meet all of the identified expectations for school

readiness, the plan for measuring school readiness

shall incorporate mechanisms for recognizing the

potential variations in expectations for school

readiness when serving children with disabilities and

shall provide for communities to serve children with

disabilities.

(q) The partnership shall conduct studies and

planning activities related to the overall improvement

and effectiveness of school readiness measures.

(r) The partnership shall establish procedures

for performance-based budgeting in school readi?

ness programs.

(s) The partnership shall submit an annual

report of its activities to the Governor, the executive

director of the Florida Healthy Kids Corporation, the

President of the Senate, the Speaker of the House

of Representatives, and the minority leaders of both

houses of the Legislature. In addition, the

partnership’s reports and recommendations shall be

made available to the Florida Board of Education,

other appropriate state agencies and entities, district

school boards, central agencies for child care, and

county health departments. The annual report must

provide an analysis of school readiness activities

across the state, including the number of children

who were served in the programs and the number of

children who were ready for school.

111

(t) The partnership shall work with school

readiness coalitions to increase parents’ training for

and involvement in their children’s preschool

education and to provide family literacy activities and

programs.

To ensure that the system for measuring school

readiness is comprehensive and appropriate

statewide, as the system is developed and imple?

mented, the partnership must consult with represen?

tatives of district school systems, providers of public

and private child care, health care providers, large

and small employers, experts in education for

children with disabilities, and experts in child

development.

(5) CREATION OF SCHOOL READINESS

COALITIONS.—

(a) School readiness coalitions.—

1. If a coalition’s plan would serve less than 400

birth-to-kindergarten age children, the coalition must

either join with another county to form a multicounty

coalition, enter an agreement with a fiscal agent to

serve more than one coalition, or demonstrate to the

partnership its ability to effectively and efficiently

implement its plan as a single-county coalition and

meet all required performance standards and

outcome measures.

2. Each coalition shall have at least 18 but not

more than 25 members and such members must

include the following:

a. A Department of Children and Family

Services district administrator or his or her designee

who is authorized to make decisions on behalf of the

department.

b. A district superintendent of schools or his or

her designee who is authorized to make decisions

on behalf of the district.

c. A regional workforce development board

chair or director, where applicable.

d. A county health department director or his or

her designee.

e. A children’s services council or juvenile

welfare board chair or executive director, if appli?

cable.

f. A child care licensing agency head.

g. One member appointed by a Department of

Children and Family Services district administrator.

h. One member appointed by a board of county

commissioners.

i. One member appointed by a district school

board.

j. A central child care agency administrator.

k. A Head Start director.

l. A representative of private child care provid?

ers.

m. A representative of faith-based child care

providers.

More than one-third of the coalition members

must be from the private sector, and neither they nor

their families may earn an income from the early

education and child care industry. To meet this

requirement a coalition must appoint additional

members from a list of nominees presented to the

coalition by a chamber of commerce or economic

development council within the geographic area of

the coalition.

3. No member of a coalition may appoint a

designee to act in his or her place. A member may

send a representative to coalition meetings, but that

representative will have no voting privileges. When a

district superintendent of schools or a district

administrator for the Department of Children and

Family Services appoints a designee to a school

readiness coalition, the designee will be the voting

member of the coalition, and any individual attending

in his or her place, including the district administrator

or superintendent, will have no voting privileges.

4. Members of the coalition are subject to the

ethics provisions in part III of chapter 112.

5. For the purposes of tort liability, the members

of the school readiness coalition and its employees

shall be governed by s. 768.28.

6. Multicounty coalitions shall include represen?

tation from each county.

7. The terms of all appointed members of the

coalition must be staggered. Appointed members

may serve a maximum of two terms. When a

vacancy occurs in an appointed position, the

coalition must advertise the vacancy.

(b) Program participation.—The school

readiness program shall be established for children

from birth to 5 years of age or until the child enters

kindergarten. The program shall be administered by

the school readiness coalition. Within funding

limitations, the school readiness coalition, along with

all providers, shall make reasonable efforts to

accommodate the needs of children for extended-

day and extended-year services without compromis?

ing the quality of the program.

1. The school readiness program must meet

the following expectations:

a. The program must prepare preschool

children to enter kindergarten ready to learn, as

measured by criteria established by the Florida

Partnership for School Readiness.

b. The program must provide extended-day and

extended-year services to the maximum extent

possible to meet the needs of parents who work.

c. There must be coordinated staff development

and teaching opportunities.

d. There must be expanded access to commu?

nity services and resources for families to help

achieve economic self-sufficiency.

e. There must be a single point of entry and

unified waiting list.

f. As long as funding or eligible populations do

not decrease, the program must serve at least as

many children as were served prior to implementa?

tion of the program.

g. There must be a community plan to address

the needs of all eligible children.

112

h. The program must meet all state licensing

guidelines, where applicable.

2. The school readiness coalition must imple?

ment a comprehensive program of readiness

services that enhance the cognitive, social, and

physical development of children to achieve the

performance standards and outcome measures

specified by the partnership. At a minimum, these

programs must contain the following elements:

a. Developmentally appropriate curriculum.

b. A character development program to develop

basic values.

c. An age-appropriate assessment of each

child’s development.

d. A pretest administered to children when they

enter a program and a posttest administered to

children when they leave the program.

e. An appropriate staff-to-child ratio.

f. A healthful and safe environment.

g. A resource and referral network to assist

parents in making an informed choice.

(d) Implementation.—

1. The school readiness program is to be

phased in. Until the coalition implements its plan, the

county shall continue to receive the services

identified in subsection (3) through the various

agencies that would be responsible for delivering

those services under current law. Plan implementa?

tion is subject to approval of the coalition and the

plan by the Florida Partnership for School Readi?

ness.

2. Each school readiness coalition shall

develop a plan for implementing the school readi?

ness program to meet the requirements of this

section and the performance standards and out?

come measures established by the partnership. The

plan must include a written description of the role of

the program in the coalition’s effort to meet the first

state education goal, readiness to start school,

including a description of the plan to involve the

prekindergarten early intervention programs, Head

Start Programs, programs offered by public or

private providers of child care, preschool programs

for children with disabilities, programs for migrant

children, Title I programs, subsidized child care

programs, and teen parent programs. The plan must

also demonstrate how the program will ensure that

each 3-year-old and 4-year-old child in a publicly

funded school readiness program receives sched?

uled activities and instruction designed to prepare

children to enter kindergarten ready to learn. Prior to

implementation of the program, the school readiness

coalition must submit the plan to the partnership for

approval. The partnership may approve the plan,

reject the plan, or approve the plan with conditions.

The Florida Partnership for School Readiness shall

review coalition plans at least annually.

3. The plan for the school readiness program

must include the following minimum standards and

provisions:

a. A sliding fee scale establishing a copayment

for parents based upon their ability to pay, which is

the same for all program providers, to be imple?

mented and reflected in each program’s budget.

b. A choice of settings and locations in li?

censed, registered, religious-exempt, or school-

based programs to be provided to parents.

c. Instructional staff who have completed the

training course as required in s. 402.305(2)(d)1., as

well as staff who have additional training or creden?

tials as required by the partnership. The plan must

provide a method for assuring the qualifications of all

personnel in all program settings.

d. Specific eligibility priorities for children within

the coalition’s county pursuant to subsection (6).

e. Performance standards and outcome

measures established by the partnership or alterna?

tively, standards and outcome measures to be used

until such time as the partnership adopts such

standards and outcome measures.

f. Reimbursement rates that have been

developed by the coalition. Reimbursement rates

shall not have the effect of limiting parental choice or

creating standards or levels of services that have not

been authorized by the Legislature.

g. Systems support services, including a

central agency, child care resource and referral,

eligibility determinations, training of providers, and

parent support and involvement.

h. Direct enhancement services to families and

children. System support and direct enhancement

services shall be in addition to payments for the

placement of children in school readiness programs.

i. A business plan, which must include the

contract with a school readiness agent if the

coalition is not a legally established corporate entity.

Coalitions may contract with other coalitions to

achieve efficiency in multiple-county services, and

such contracts may be part of the coalition’s

business plan.

j. Strategies to meet the needs of unique

populations, such as migrant workers.

As part of the plan, the coalition may request

the Governor to apply for a waiver to allow the

coalition to administer the Head Start Program to

accomplish the purposes of the school readiness

program. If any school readiness plan can demon?

strate that specific statutory goals can be achieved

more effectively by using procedures that require

modification of existing rules, policies, or proce?

dures, a request for a waiver to the partnership may

be made as part of the plan. Upon review, the

partnership may grant the proposed modification.

4. Persons with an early childhood teaching

certificate may provide support and supervision to

other staff in the school readiness program.

5. The coalition may not implement its plan until

it submits the plan to and receives approval from the

partnership. Once the plan has been approved, the

plan and the services provided under the plan shall

113

be controlled by the coalition rather than by the state

agencies or departments. The plan shall be reviewed

and revised as necessary, but at least biennially.

6. The following statutes will not apply to local

coalitions with approved plans: ss. 125.901(2)(a)3.,

411.221, and 411.232. To facilitate innovative

practices and to allow local establishment of school

readiness programs, a school readiness coalition

may apply to the Governor and Cabinet for a waiver

of, and the Governor and Cabinet may waive, any of

the provisions of ss. 230.23166, 411.223, and

411.232, if the waiver is necessary for implementa?

tion of the coalition’s school readiness plan.

7. Two or more counties may join for the

purpose of planning and implementing a school

readiness program.

8. A coalition may, subject to approval of the

partnership as part of the coalition’s plan, receive

subsidized child care funds for all children eligible for

any federal subsidized child care program and be

the provider of the program services.

9. Coalitions are authorized to enter into

multiparty contracts with multicounty service

providers in order to meet the needs of unique

populations such as migrant workers.

(e) Requests for proposals; payment sched?

ule.—

1. At least once every 3 years, beginning July

1, 2001, each coalition must follow the competitive

procurement requirements of s. 287.057 for school

readiness programs.

2. Each coalition shall develop a payment

schedule that encompasses all programs funded by

that coalition. The payment schedule must take into

consideration the relevant market rate, must include

the projected number of children to be served, and

must be submitted to the partnership for information.

Informal child care arrangements shall be reim?

bursed at not more than 50 percent of the rate

developed for family childcare.

(f) Requirements relating to fiscal agents.—If

the local coalition is not a legally established

corporate entity, the coalition must designate a fiscal

agent, which may be a public entity or a private

nonprofit organization. The fiscal agent shall be

required to provide financial and administrative

services pursuant to a contract or agreement with

the school readiness coalition. The fiscal agent may

not provide direct early education or child care

services; however, a fiscal agent may provide such

services upon written request of the coalition to the

partnership and upon the approval of such request

by the partnership. The cost of the financial and

administrative services shall be negotiated between

the fiscal agent and the school readiness coalition. If

the fiscal agent is a provider of early education and

care programs, the contract must specify that the

fiscal agent will act on policy direction from the

coalition and will not receive policy direction from its

own corporate board regarding disbursal of coalition

funds. The fiscal agent shall disburse funds in

accordance with the approved coalition school

readiness plan and based on billing and disburse?

ment procedures approved by the partnership. The

fiscal agent must conform to all data-reporting

requirements established by the partnership.

(g) Evaluation and annual report.—Each school

readiness coalition shall conduct an evaluation of the

effectiveness of the school readiness program,

including performance standards and outcome

measures, and shall provide an annual report and

fiscal statement to the Florida Partnership for School

Readiness. This report must conform to the content

and format specifications set by the Florida Partner?

ship for School Readiness. The partnership must

include an analysis of the coalition reports in its

annual report.

(6) PROGRAM ELIGIBILITY.—The school

readiness program shall be established for children

under the age of kindergarten eligibility. Priority for

participation in the school readiness program shall

be given to children who meet one or more of the

following criteria:

(a) Children under the age of kindergarten

eligibility who are:

1. Children determined to be at risk of abuse,

neglect, or exploitation and who are currently clients

of the Family Safety Program Office of the Depart?

ment of Children and Family Services.

2. Children at risk of welfare dependency,

including economically disadvantaged children,

children of participants in the welfare transition

program, children of migrant farmworkers, and

children of teen parents.

3. Children of working families whose family

income does not exceed 150 percent of the federal

poverty level.

(b) Three-year-old children and 4-year-old

children who may not be economically disadvan?

taged but who have disabilities, have been served in

a specific part-time or combination of part-time

exceptional education programs with required

special services, aids, or equipment, and were

previously reported for funding part time with the

Florida Education Finance Program as exceptional

students.

children with disabilities, and children at risk of future

school failure, from birth to 4 years of age, who are

served at home through home visitor programs and

intensive parent education programs such as the

Florida First Start Program.

(d) Children who meet federal and state

requirements for eligibility for the migrant preschool

program but who do not meet the criteria of eco?

nomically disadvantaged.

An “economically disadvantaged” child means a

child whose family income is below 150 percent of

the federal poverty level. Notwithstanding any

change in a family’s economic status, but subject to

114

additional family contributions in accordance with the

sliding fee scale, a child who meets the eligibility

requirements upon initial registration for the program

shall be considered eligible until the child reaches

kindergarten age.

(7) PARENTAL CHOICE.—

(a) The school readiness program shall provide

parental choice pursuant to a purchase service

order that ensures, to the maximum extent possible,

flexibility in school readiness programs and payment

arrangements. According to federal regulations

requiring parental choice, a parent may choose an

informal child care arrangement. The purchase order

must bear the name of the beneficiary and the

program provider and, when redeemed, must bear

the signature of both the beneficiary and an autho?

rized representative of the provider.

(b) If it is determined that a provider has

provided any cash to the beneficiary in return for

receiving the purchase order, the coalition or its

fiscal agent shall refer the matter to the Division of

Public Assistance Fraud for investigation.

an electronic transfer system for the disbursement of

funds in accordance with this subsection. School

readiness coalitions shall fully implement the

electronic funds transfer system within 2 years after

plan approval unless a waiver is obtained from the

partnership.

(8) STANDARDS; OUTCOME MEASURES.—

All publicly funded school readiness programs shall

be required to meet the performance standards and

outcome measures developed and approved by the

partnership. The Office of Program Policy Analysis

and Government Accountability shall provide

consultation to the partnership in the development of

the measures and standards. These performance

standards and outcome measures shall be appli?

cable on a statewide basis.

(9) FUNDING; SCHOOL READINESS PRO?

GRAM.—

(a) It is the intent of this section to establish an

integrated and quality seamless service delivery

system for all publicly funded early education and

child care programs operating in this state.

(b) Notwithstanding s. 20.50:

1. The Agency for Workforce Innovation shall

administer school readiness funds, plans, and

policies pursuant to the contract with the Florida

Partnership for School Readiness and shall prepare

and submit a unified budget request for the school

readiness program in accordance with chapter 216.

2. All instructions to local school readiness

coalitions shall emanate from the Agency for

Workforce Innovation pursuant to policies of the

Legislature, plans of the Florida Partnership for

School Readiness, and the contract between the

Florida Partnership for School Readiness and the

agency.

prepare a plan that provides for the distribution and

expenditure of all state and federal school readiness

funds for children participating in public or private

school readiness programs based upon an equity

and performance funding formula. The plan shall be

submitted to the Governor and the Legislative

Budget Commission. Upon approval, the Legislative

Budget Commission shall authorize the transfer of

funds to the Agency for Workforce Innovation for

distribution in accordance with the provisions of the

formula.

(d) All state funds budgeted for a county for the

programs specified in subsection (3), along with the

pro rata share of the state administrative costs of

those programs in the amount as determined by the

partnership, all federal funds and required local

matching funds for a county for programs specified

in subsection (3), and any additional funds appropri?

ated or obtained for purposes of this section, shall

be transferred for the benefit of the coalition for

implementation of its plan, including the hiring of

staff to effectively operate the coalition’s school

readiness program. As part of plan approval and

periodic plan review, the partnership shall require

that administrative costs be kept to the minimum

necessary for efficient and effective administration of

the plan, but total administrative expenditures shall

not exceed 5 percent unless specifically waived by

the partnership. The partnership shall annually

report to the Legislature any problems relating to

administrative costs.

(e) The partnership shall annually distribute all

eligible funds as block grants to assist coalitions in

integrating services and funding to develop a quality

service delivery system. Subject to appropriation,

the partnership may also provide financial awards to

coalitions demonstrating success in merging and

integrating funding streams to serve children and

school readiness programs.

(f) State funds appropriated for the school

readiness program may not be used for the con?

struction of new facilities or the purchase of buses.

The partnership shall present to the Legislature

recommendations for providing necessary transpor?

tation services for school readiness programs.

(g) All cost savings and all revenues received

through a mandatory sliding fee scale shall be used

to help fund the local school readiness program.

(10) SCHOOL READINESS UNIFORM

SCREENING.—The Department of Education shall

implement a school readiness uniform screening,

including a pilot program during the 2001-2002

school year, to validate the system recommended by

the Florida Partnership for School Readiness as part

of a comprehensive evaluation design. Beginning

with the 2002-2003 school year, the department

shall require that all school districts administer the

school readiness uniform screening to each kinder?

garten student in the district school system upon the

115

student’s entry into kindergarten. Children who enter

public school for the first time in first grade must

undergo a uniform screening adopted for use in first

grade. The department shall incorporate school

readiness data into the K-20 data warehouse for

longitudinal tracking. Notwithstanding s. 228.093, the

department shall provide the partnership and the

Agency for Workforce Innovation with complete and

full access to kindergarten uniform screening data at

the student, school, district, and state levels in a

format that will enable the partnership and the

agency to prepare reports needed by state

policymakers and local school readiness coalitions

to access progress toward school readiness goals

and provide input for continuous improvement of

local school readiness services and programs.

(11) REPORTS.—The Office of Program Policy

Analysis and Government Accountability shall

assess the implementation, efficiency, and outcomes

of the school readiness program and report its

findings to the President of the Senate and the

Speaker of the House of Representatives by

January 1, 2002. Subsequent reviews shall be

conducted at the direction of the Joint Legislative

Auditing Committee.

(12) CONFLICTING PROVISIONS.—In the

event of a conflict between the provisions of this

section and federal requirements, the federal

requirements shall control.

History.—s. 1, ch. 99-357; s. 65, ch. 2000-139; s. 1, ch. 2000-149; s. 97,

ch. 2000-165; s. 12, ch. 2000-337; s. 55, ch. 2001-62; s. 13, ch. 2001-89; s. 20,

ch. 2001-170; s. 114, ch. 2001-266.

411.0105 Early Learning Opportunities Act and

Even Start Family Literacy Programs; lead

agency.

—For purposes of administration of the

Early Learning Opportunities Act and the Even Start

Family Literacy Programs, pursuant to Pub. L. No.

106-554, the Agency for Workforce Innovation is

designated as the lead agency and must comply

with lead agency responsibilities pursuant to federal

law.

History.—s. 19, ch. 2001-170.

411.011 Records of children in school readiness

programs.

—The individual records of children

enrolled in school readiness programs provided

under s. 411.01, when held in the possession of the

school readiness coalition or the Florida Partnership

for School Readiness, are confidential and exempt

from the provisions of s. 119.07 and s. 24(a), Art. I of

the State Constitution. For the purposes of this

section, records include assessment data, health

data, records of teacher observations, and identify?

ing data, including the child’s social security number.

A parent, guardian, or individual acting as a parent

in the absence of a parent or guardian has the right

to inspect and review the individual school readiness

program record of his or her child and to obtain a

copy of the record. School readiness records may be

released to the United States Secretary of Educa?

tion, the United States Secretary of Health and

Human Services, and the Comptroller General of the

United States for the purpose of federal audits; to

individuals or organizations conducting studies for

institutions to develop, validate, or administer

assessments or improve instruction; to accrediting

organizations in order to carry out their accrediting

functions; to appropriate parties in connection with

an emergency if the information is necessary to

protect the health or safety of the student or other

individuals; to the Auditor General in connection with

his or her official functions; to a court of competent

jurisdiction in compliance with an order of that court

pursuant to a lawfully issued subpoena; and to

parties to an interagency agreement among school

readiness coalitions, local governmental agencies,

providers of school readiness programs, state

agencies, and the Florida Partnership for School

Readiness for the purpose of implementing the

school readiness program. Agencies, organizations,

or individuals that receive school readiness records

in order to carry out their official functions must

protect the data in a manner that will not permit the

personal identification of students and their parents

by persons other than those authorized to receive

the records. This section is subject to the Open

Government Sunset Review Act of 1995 in accor?

dance with s. 119.15 and shall stand repealed on

October 2, 2005, unless reviewed and saved from

repeal through reenactment by the Legislature.

History.—s. 3, ch. 2000-299.

411.201 Short title. —

Early Assistance, and Early Childhood Act.”

This chapter may be cited as the “Florida Prevention,

History

—s. 1,

ch. 89-379.

411.202 Definitions.

—As used in this chapter, the

term:

(1) “Assistance services” means those assess?

ments, individualized therapies, and other medical,

educational, and social services designed to

enhance the environment for the high-risk or

handicapped preschool child, in order to achieve

optimum growth and development. Provision of such

services may include monitoring and modifying the

delivery of assistance services.

(2) “Case management” means those activities

aimed at assessing the needs of the high-risk child

and his or her family; planning and linking the

service system to the child and his or her family,

based on child and family outcome objectives;

coordinating and monitoring service delivery; and

evaluating the effect of the service delivery system.

116

(3) “Community-based local contractor” means

any unit of county or local government, any for-profit

or not-for-profit organization, or a school district.

(4) “Developmental assistance” means

individualized therapies and services needed to

enhance both the high-risk child’s growth and

development and family functioning.

(5) “Discharge planning” means the modifica?

tion of the written individual and family service plan

at the time of discharge from the hospital, which plan

identifies for the family of a high-risk or handicapped

infant a prescription of needed medical treatments or

medications, specialized evaluation needs, and

necessary nonmedical and educational intervention

services.

(6) “Drug-exposed child” means any child from

birth to 5 years of age for whom there is docu?

mented evidence that the mother used illicit drugs or

was a substance abuser, or both, during pregnancy

and the child exhibits:

(a) Abnormal growth;

(b) Abnormal neurological patterns;

(d) Abnormal cognitive development.

(7) “Early assistance” means any sustained

and systematic effort designed to prevent or reduce

the assessed level of health, educational, biological,

environmental, or social risk for a high-risk child and

his or her family.

(8) “Handicapped child” means a preschool

child who is developmentally disabled, mentally

handicapped, speech impaired, language impaired,

deaf or hard of hearing, blind or partially sighted,

physically handicapped, health impaired, or emotion?

ally handicapped; a preschool child who has a

specific learning disability; or any other child who

has been classified under rules of the State Board of

Education as eligible for preschool special education

services, with the exception of those who are

classified solely as gifted.

(9) “High-risk child” or “at-risk child” means a

preschool child with one or more of the following

characteristics:

(a) The child is a victim or a sibling of a victim

in a confirmed or indicated report of child abuse or

neglect.

(b) The child is a graduate of a perinatal

intensive care unit.

unless the mother received necessary comprehen?

sive maternity care and the mother and child

currently receive necessary support services.

(d) The child has a developmental delay of one

standard deviation below the mean in cognition,

language, or physical development.

(e) The child has survived a catastrophic

infectious or traumatic illness known to be associ?

ated with developmental delay.

(f) The child has survived an accident resulting

in a developmental delay.

(g) The child has a parent or guardian who is

developmentally disabled, severely emotionally

disturbed, drug or alcohol dependent, or incarcer?

ated and who requires assistance in meeting the

child’s developmental needs.

(h) The child has no parent or guardian.

(i) The child is drug exposed.

(j) The child’s family’s income is at or below

100 percent of the federal poverty level or the child’s

family’s income level impairs the development of the

child.

(k) The child is a handicapped child as defined

in subsection (8).

(l) The child has been placed in residential care

under the custody of the state through dependency

proceedings pursuant to chapter 39.

(m) The child is a member of a migrant

farmworker family.

(10) “Impact evaluation” means the provision of

evaluation information to the department on the

impact of the components of the childhood preg?

nancy prevention public education program and an

assessment of the impact of the program on a

child’s related sexual knowledge, attitudes, and risk-

taking behavior.

(11) “Individual and family service plan” means

a written individualized plan describing the develop?

mental status of the high-risk child and the therapies

and services needed to enhance both the high-risk

child’s growth and development and family function?

ing, and shall include the contents of the written

individualized family service plan as defined in part

H of Pub. L. No. 99-457.

(12) “Infant” or “toddler” means any child from

birth to 3 years of age.

(13) “Interdisciplinary team” means a team that

may include the physician, psychologist, educator,

social worker, nursing staff, physical or occupational

therapist, speech pathologist, parents, developmen?

tal intervention and parent support and training

program director, case manager for the child and

family, and others who are involved with the indi?

vidual and family service plan.

(14) “Parent support and training” means a

range of services for families of high-risk or handi?

capped preschool children, including family counsel?

ing; financial planning; agency referral; development

of parent-to-parent support groups; education

relating to growth and development, developmental

assistance, and objective measurable skills,

including abuse avoidance skills; training of parents

to advocate for their child; and bereavement

counseling.

(15) “Posthospital assistance services” means

assessment, individual and family service planning,

developmental assistance, counseling, parent

education, and referrals which are delivered as

needed in a home or nonhome setting, upon

discharge, by a professional or paraprofessional

trained for this purpose.

117

(16) “Prenatal” means the time period from

pregnancy to delivery.

(17) “Preschool child” means a child from birth

to 5 years of age, including a child who attains 5

years of age before September 1.

(18) “Prevention” means any program, service,

or sustained activity designed to eliminate or reduce

high-risk conditions in pregnant women, to eliminate

or ameliorate handicapping or high-risk conditions in

infants, toddlers, or preschool children, or to reduce

sexual activity or the risk of unwanted pregnancy in

teenagers.

(19) “Preventive health care” means periodic

physical examinations, immunizations, and assess?

ments for hearing, vision, nutritional deficiencies,

development of language, physical growth, small

and large muscle skills, and emotional behavior, as

well as age-appropriate laboratory tests.

(20) “Process evaluation” means the provision

of information to the department on the breadth and

scope of the childhood pregnancy prevention public

education program. The evaluation must identify

program areas that need modification and identify

community-based local contractor strategies and

procedures which are particularly effective.

(21) “Strategic plan” means a report that

analyzes existing programs, services, resources,

policy, and needs and sets clear and consistent

direction for programs and services for high-risk

pregnant women and for preschool children, with

emphasis on high-risk and handicapped children, by

establishing goals and child and family outcomes,

and strategies to meet them.

(22) “Teen parent” means a person under 18

years of age or enrolled in school in grade 12 or

below, who is pregnant, who is the father of an

unborn child, or who is the parent of a child.

History

—s. 1, ch. 89-379; s. 7, ch. 90-358; s. 2, ch. 91-229; s. 1, ch. 95?

321; s. 51, ch. 97-103; s. 62, ch. 2000-153.

411.203 Continuum of comprehensive ser-

vices.

—The Department of Education and the

1Department of Health and Rehabilitative Services

shall utilize the continuum of prevention and early

assistance services for high-risk pregnant women

and for high-risk and handicapped children and their

families, as outlined in this section, as a basis for the

intraagency and interagency program coordination,

monitoring, and analysis required in this chapter.

The continuum shall be the guide for the compre?

hensive statewide approach for services for high-risk

pregnant women and for high-risk and handicapped

children and their families, and may be expanded or

reduced as necessary for the enhancement of those

services. Expansion or reduction of the continuum

shall be determined by intraagency or interagency

findings and agreement, whichever is applicable.

Implementation of the continuum shall be based

upon applicable eligibility criteria, availability of

resources, and interagency prioritization when

programs impact both agencies, or upon single

agency prioritization when programs impact only one

agency. The continuum shall include, but not be

limited to:

(1) EDUCATION AND AWARENESS.—

(a) Education of the public concerning, but not

limited to, the causes of handicapping conditions,

normal and abnormal child development, the

benefits of abstinence from sexual activity, and the

consequences of teenage pregnancy.

(b) Education of professionals and paraprofes?

sionals concerning, but not limited to, the causes of

handicapping conditions, normal and abnormal child

development, parenting skills, the benefits of

abstinence from sexual activity, and the conse?

quences of teenage pregnancy, through preservice

and inservice training, continuing education, and

required postsecondary coursework.

(2) INFORMATION AND REFERRAL.—

(a) Providing information about available

services and programs to families of high-risk and

handicapped children.

(b) Providing information about service options

and providing technical assistance to aid families in

the decisionmaking process.

and programs to meet identified needs.

(3) CASE MANAGEMENT.—

(a) Arranging and coordinating services and

activities for high-risk pregnant women, and for high-

risk children and their families, with identified service

providers.

(b) Providing appropriate casework services to

pregnant women and to high-risk children and their

families.

children and their families.

(4) SUPPORT SERVICES PRIOR TO PREG?

NANCY.—

(a) Basic needs, such as food, clothing, and

shelter.

(b) Health education.

basis.

(d) Counseling to promote a healthy, stable,

and supportive family unit, to include, but not be

limited to, financial planning, stress management,

and educational planning.

(5) MATERNITY AND NEWBORN SER?

VICES.—

(a) Comprehensive prenatal care, accessible to

all pregnant women and provided for high-risk

pregnant women.

(b) Adoption counseling for unmarried pregnant

teenagers.

women.

(d) Perinatal intensive care.

118

(e) Delivery services for high-risk pregnant

women.

(f) Postpartum care.

(g) Nutrition services for lactating mothers of

high-risk children.

(h) A new mother information program at the

birth site, to provide an informational brochure about

immunizations, normal child development, abuse

avoidance and appropriate parenting strategies,

family planning, and community resources and

support services for all parents of newborns and to

schedule Medicaid-eligible infants for a health

checkup.

(i) Appropriate screenings, to include, but not

be limited to, metabolic screening, sickle-cell

screening, hearing screening, developmental

screening, and categorical screening.

(j) Followup family planning services for high-

risk mothers and mothers of high-risk infants.

(6) HEALTH AND NUTRITION SERVICES

FOR PRESCHOOL CHILDREN.—

(a) Preventive health services for all preschool

children.

(b) Nutrition services for all preschool children,

including, but not limited to, the Child Care Food

Program and the Special Supplemental Food

Program for Women, Infants, and Children.

impaired preschool children.

(d) Cost-effective quality health care alterna?

tives for medically involved preschool children, in or

near their homes.

(7) EDUCATION, EARLY ASSISTANCE, AND

RELATED SERVICES FOR HIGH-RISK CHILDREN

AND THEIR FAMILIES.—

(a) Early assistance, including, but not limited

to, developmental assistance programs, parent

support and training programs, and appropriate

followup assistance services, for handicapped and

high-risk infants and their families.

(b) Special education and related services for

handicapped children.

services for high-risk children.

(8) SUPPORT SERVICES FOR ALL EXPECT?

ANT PARENTS AND PARENTS OF HIGH-RISK

CHILDREN.—

(a) Nonmedical prenatal and support services

for pregnant teenagers and other high-risk pregnant

women.

(b) Child care and early childhood programs,

including, but not limited to, subsidized child care,

licensed nonsubsidized child care, family day care

homes, therapeutic child care, Head Start, and

preschool programs in public and private schools.

(d) Transportation.

(e) Respite care, homemaker care, crisis

management, and other services that allow families

of high-risk children to maintain and provide quality

care to their children at home.

(f) Parent support groups, such as the commu?

nity resource mother or father program as estab?

lished in s. 402.45, the Florida First Start Program as

established in

2s. 230.2303, or parents as first

teachers, to strengthen families and to enable

families of high-risk children to better meet their

needs.

(g) Utilization of the elderly, either as volunteers

or paid employees, to work with high-risk children.

(h) Utilization of high school and postsecondary

students as volunteers to work with high-risk

children.

(9) MANAGEMENT SYSTEMS AND PROCE?

DURES.—

(a) Resource information systems on services

and programs available for families.

(b) Registry of high-risk newborns and new?

borns with birth defects, which utilizes privacy

safeguards for children and parents who are

subjects of the registry.

or handicapping conditions, which utilizes privacy

safeguards for children and parents who are

subjects of the registry.

(d) Information sharing system among the

1Department of Health and Rehabilitative Services,

the Department of Education, local education

agencies, and other appropriate entities, on children

eligible for services. Information may be shared

when parental or guardian permission has been

given for release.

(e) Well-baby insurance for preschoolers

included in the family policy coverage.

(f) Evaluation, to include:

1. Establishing child-centered and family-

focused goals and objectives for each element of the

continuum.

2. Developing a system to report child and

family outcomes and program effectiveness for each

element of the continuum.

(g) Planning for continuation of services, to

include:

1. Individual and family service plan by an

interdisciplinary team, for the transition from birth or

the earliest point of identification of a high-risk infant

or toddler into an early assistance, preschool

program for 3-year-olds or 4-year-olds, or other

appropriate programs.

2. Individual and family service plan by an

interdisciplinary team, for the transition of a high-risk

preschool child into a public or private school

system.

History.—s. 1, ch. 89-379.

1Note.—The Department of Health and Rehabilitative Services was

redesignated as the Department of Children and Family Services by s. 5, ch.

96-403, and the Department of Health was created by s. 8, ch. 96-403.

2Note.—Repealed by s. 25, ch. 2001-170.

119

411.205 Rules.—

The [Footnote 1] Department of

History

s. 1, ch. 89-379.

Health and Rehabilitative Services and the State

[Footnote 1

]

Note

—The Department of Health and Rehabilitative

Services was redesignated as the Department of Children and Family Services

Board of Education shall adopt rules necessary for

by s. 5, ch. 96-403, s. 8, ch. 96-403.

the implementation of this chapter.

120

Part II?

Prevention and Early Assistance?

411.22 Legislative intent.—

The Legislature finds

and declares that 50 percent of handicapping

conditions in young children can be prevented, and

such conditions which are not prevented can be

minimized by focusing prevention efforts on high-risk

pregnant women and on high-risk and handicapped

preschool children and their families. The Legisla?

ture further finds that by preventing handicaps in

preschool children, infant mortality and child abuse

can be reduced and this state can reap substantial

savings in both human potential and state funds.

The Legislature finds that infant mortality, handicap?

ping conditions in young children, and other health

problems for infants and mothers are associated

with teenage pregnancy and that the prevention of

sexual activity and unwanted teenage pregnancy

can reduce the number of at-risk children, while

increasing human potential and reducing the cost of

health care. The Legislature further finds that a

continuum of integrated services is needed to

identify, diagnose, and treat high-risk conditions in

pregnant women and in preschool children. The

Legislature finds that intraagency and interagency

coordination can enhance the framework of a

continuum that is already in existence and that

coordination of public sector and private sector

prevention services can reduce infant mortality and

handicapping conditions in preschool children and

minimize the effects of handicapping conditions. It is

the intent of the Legislature, therefore, that a

continuum of efficient and cost-effective prevention

and early assistance services be identified, that a

plan for intraagency and interagency coordination be

developed for the purpose of implementing such a

continuum, and that the continuum of services be

implemented as resources are made available for

such implementation.

History

s. 2, ch. 89-379; s. 8, ch. 90-358.

411.221 Prevention and early assistance

strategic plan; agency responsibilities.

—

(1) The

1Department of Health and Rehabilita?

tive Services and the Department of Education shall

prepare a joint strategic plan relating to prevention

and early assistance, which shall include, but not be

limited to, the following:

(a) Identification of the department which has

the responsibility for each program area described in

the continuum.

(b) Identification of the unit within each depart?

ment which has responsibility for each program area

described in the continuum.

grams on an intraagency and interagency basis.

(d) Identification of strategies for coordination of

services on both an intraagency and interagency

basis and a description of the progress of implemen?

tation of strategies.

(e) Identification of strategies for reducing

duplication of services on both an intraagency and

interagency basis and a description of progress of

those strategies in reduction of duplication.

(f) Identification of activities for coordination

and integration of prevention and early assistance

services with state agencies other than the Depart?

ment of Education or the

1Department of Health and

Rehabilitative Services.

(g) Identification of activities for coordination

and integration of prevention and early assistance

services at the district and local levels and strategies

for public and private partnerships in the provision of

the continuum of services.

(h) Recommendations for implementation of

the continuum of comprehensive services, including,

but not limited to, the schedule for implementation of

components.

(i) Identification of barriers impacting implemen?

tation of components of the continuum of services.

(j) Proposed changes to the continuum of

services.

(k) Identification of methods of comparing

program and child and family outcomes and identifi?

cation of standardized reporting procedures to

enhance data collection and analysis on an

intraagency and interagency basis.

(l) Recommendations, if any, for legislative,

administrative, or budgetary changes. Budgetary

changes shall include recommendations regarding

the development by the

1Department of Health and

Rehabilitative Services and the Department of

Education of a unified program budget for all

prevention and early assistance services to high-risk

pregnant women and to high-risk preschool children

and their families. Such budget recommendations

shall be consistent with the goals of the joint

strategic plan and with the continuum of comprehen?

sive services.

(2) The strategic plan and subsequent plan

revisions shall incorporate and otherwise utilize, to

the fullest extent possible, the evaluation findings

and recommendations from intraagency, indepen?

dent third-party, field projects, and reports issued by

the Auditor General or the Office of Program Policy

Analysis and Government Accountability, as well as

the recommendations of the State Coordinating

Council for School Readiness Programs.

(3) At least biennially, the

1Department of

Health and Rehabilitative Services and the Depart?

ment of Education shall readdress the joint strategic

plan submitted pursuant to this section and make

necessary revisions. The revised plan shall be

submitted to the Governor, the Speaker of the

House of Representatives, and the President of the

121

Senate no later than January 1 of each odd-

numbered year.

(4) There is established an interagency

coordinating council to advise the

1Department of

Health and Rehabilitative Services, the Department

of Education, and other state agencies in the

development of the joint strategic plan and to

monitor the development of the plan. For the

purpose of carrying out its responsibilities, the

interagency coordinating council shall have access

to statistical information, budget documents, and

workpapers developed by the

1Department of Health

and Rehabilitative Services and the Department of

Education in preparing the joint strategic plan. The

interagency coordinating council shall advise the

appropriate substantive committees of the Senate

and House of Representatives, and the Office of the

Governor, on the progress of activities required in

this chapter.

History.—s. 2, ch. 89-379; s. 17, ch. 94-154; s. 6, ch. 97-98; s. 22, ch.

2000-337; s. 115, ch. 2001-266.

1Note.—The Department of Health and Rehabilitative Services was

redesignated as the Department of Children and Family Services by s. 5, ch.

96-403, and the Department of Health was created by s. 8, ch. 96-403.

411.223 Uniform standards.

—

(1) The Department of Children and Family

Services, in consultation with the Department of

Education, shall establish a minimum set of proce?

dures for each preschool child who receives

preventive health care with state funds. Preventive

health care services shall meet the minimum

standards established by federal law for the Early

Periodic Screening, Diagnosis, and Treatment

Program and shall provide guidance on screening

instruments which are appropriate for identifying

health risks and handicapping conditions in pre?

school children.

(2) Duplicative diagnostic and planning

practices shall be eliminated to the extent possible.

Diagnostic and other information necessary to

provide quality services to high-risk or handicapped

children shall be shared among the program offices

of the Department of Children and Family Services,

pursuant to the provisions of s. 228.093.

History

—s. 2, ch. 89-379; s. 66, ch. 2000-139.

411.224 Family support planning process.

—The

Legislature establishes a family support planning

process to be used by the Department of Children

and Family Services as the service planning process

for targeted individuals, children, and families under

its purview.

(1) The Department of Education shall take all

appropriate and necessary steps to encourage and

facilitate the implementation of the family support

planning process for individuals, children, and

families within its purview.

(2) To the extent possible within existing

resources, the following populations must be

included in the family support planning process:

(a) Children from birth to age 5 who are served

by the clinic and programs of the Division of

Children’s Medical Services of the Department of

Health.

(b) Children participating in the developmental

evaluation and intervention program of the Division

of Children’s Medical Services of the Department of

Health.

served by the Developmental Disabilities Program

Office of the Department of Children and Family

Services.

(d) Children from birth through age 5 who are

served by the Mental Health Program Office of the

Department of Children and Family Services.

(e) Participants who are served by the

Children’s Early Investment Program established in

s. 411.232.

(f) Healthy Start participants in need of ongoing

service coordination.

(g) Children from birth through age 5 who are

served by the voluntary family services, protective

supervision, foster care, or adoption and related

services programs of the Child Care Services

Program Office of the Department of Children and

Family Services, and who are eligible for ongoing

services from one or more other programs or

agencies that participate in family support planning;

however, children served by the voluntary family

services program, where the planned length of

intervention is 30 days or less, are excluded from

this population.

(3) When individuals included in the target

population are served by Head Start, local education

agencies, or other prevention and early intervention

programs, providers must be notified and efforts

made to facilitate the concerned agency’s participa?

tion in family support planning.

(4) Local education agencies are encouraged

to use a family support planning process for children

from birth through 5 years of age who are served by

the prekindergarten program for children with

disabilities, in lieu of the Individual Education Plan.

‘(5) There must be only a single-family support

plan to address the problems of the various family

members unless the family requests that an indi?

vidual family support plan be developed for different

members of that family. The family support plan

must replace individual habilitation plans for children

from birth through 5 years old who are served by the

Developmental Disabilities Program Office of the

Department of Children and Family Services. To the

extent possible, the family support plan must replace

other case-planning forms used by the Department

of Children and Family Services.

(6) The family support plan at a minimum must

include the following information:

(a) The family’s statement of family concerns,

priorities, and resources.

122

(b) Information related to the health, educa?

tional, economic and social needs, and overall

development of the individual and the family.

achieve.

(d) Identification of the resources and services

to achieve each outcome projected in the plan.

These resources and services are to be provided

based on availability and funding.

(7) A family support plan meeting must be held

with the family to initially develop the family support

plan and annually thereafter to update the plan as

necessary. The family includes anyone who has an

integral role in the life of the individual or child as

identified by the individual or family. The family

support plan must be reviewed periodically during

the year, at least at 6-month intervals, to modify and

update the plan as needed. Such periodic reviews

do not require a family support plan team meeting

but may be accomplished through other means such

as a case file review and telephone conference with

the family.

(8) The initial family support plan must be

developed within a 90-day period. If exceptional

circumstances make it impossible to complete the

evaluation activities and to hold the initial family

support plan team meeting within a reasonable time

period, these circumstances must be documented,

and the individual or family must be notified of the

reason for the delay. With the agreement of the

family and the provider, services for which either the

individual or the family is eligible may be initiated

before the completion of the evaluation activities and

the family support plan.

(9) The Department of Children and Family

Services, the Department of Health, and the

Department of Education, to the extent that funds

are available, must offer technical assistance to

communities to facilitate the implementation of the

family support plan.

(10) The Department of Children and Family

Services, the Department of Health, and the

Department of Education shall adopt rules neces?

sary to implement this act.

History

—s. 7, ch. 93-143; s. 196, ch. 99-8; s. 67, ch. 2000-139; s. 63, ch.

2000-158.

123

Part III?

Infants and Toddlers?

411.23 Short title.—

“Children’s Early Investment Act.”

Sections 411.23-411.232 may be cited as the

History

s. 3, ch. 89-379.

411.231 Legislative intent; purpose.—

The Legislature recognizes the need for and value of

intensive, comprehensive, integrated, and continu?

ous services statewide for young children who are at

risk of developmental dysfunction or delay. For the

purposes of the Children’s Early Investment Pro?

gram, the term “young children” includes infants, 1-

year-olds, and 2-year-olds. The Legislature supports

intensive and comprehensive supportive programs

and services being directed to expectant mothers

and young children who, because of economic,

social, environmental, or health factors need such

services to enhance their development. The

Legislature recognizes that children are part of

families and that lasting effects on children can

occur most productively when there is investment in

and with families. The participants in the Children’s

Early Investment Program shall receive priority

consideration for needed services, including prenatal

care; health services to mothers and their young

children; child care; alcohol and drug abuse treat?

ment services; and economic support and training

services. It is the intent of the Legislature that

programs and services that will enhance a child’s

physical, social, emotional, and intellectual develop?

ment and provide support to parents and other

family members be provided initially to geographic

areas where the expectant mothers and young

children are at great risk and that these programs

and services ultimately be available statewide to all

children and families who need them. These

programs and services must be offered and coordi?

nated by persons who have adequate time, skill, and

resources to work with participants in a meaningful

and effective manner.

History

s. 3, ch. 89-379.

411.232 Children’s Early Investment Program.

—

(1) CREATION.—There is hereby created the

Children’s Early Investment Program for young

children who are at risk of developmental dysfunc?

tion or delay and for their families. This program

shall coordinate a variety of resources to program

participants through a responsible agent for the child

and the child’s family. The services and assistance

provided shall focus on the family and shall be

comprehensive. The programs and services offered

shall enhance family independence and shall

provide social and educational resources needed for

healthy child development.

(2) GOALS.—The goal of the Children’s Early

Investment Program is to encourage and assist an

effective investment strategy for the at-risk young

children in this state and their families so that they

will develop into healthy and productive members of

society. The Children’s Early Investment Program is

designed to provide intensive early intervention to

at-risk expectant mothers, young children, and their

families in order that this state will invest now for a

future in which the workforce is skilled and stable; in

which crime rates are reduced; and in which the

social and economic costs of high-risk pregnancies

and low birthweight babies are reduced. The

objectives of the Children’s Early Investment

Program are to increase the percentage of children

entering the school system who are ready and able

to learn; to reduce teenage pregnancies among this

at-risk population; to reduce the numbers of cocaine

babies born in this state; to reduce the crime rate

among these children as they grow up; to reduce the

rate of school dropouts in this state and to increase

the basic skills and ability of the future workforce. It

is anticipated the efforts targeted now to expectant

mothers and young children will show their greatest

results in the years when these at-risk children enter

school and when they are teenagers and young

adults. Benefits are also anticipated, however, as the

families of these children are assisted in addressing

their own needs, and corresponding reductions in

foster care placements, low birthweight babies, teen

pregnancy, economic instability and dependence,

and other signs of dysfunction are anticipated.

(3) ESSENTIAL ELEMENTS.—

(a) Initially, the program shall be directed to

geographic areas where at-risk young children and

their families are in greatest need because of an

unfavorable combination of economic, social,

environmental, and health factors, including, without

limitation, extensive poverty, high crime rate, great

incidence of low birthweight babies, high incidence

of alcohol and drug abuse, and high rates of

teenage pregnancy. The selection of a geographic

site shall also consider the incidence of young

children within these at-risk geographic areas who

are cocaine babies, children of single mothers who

receive temporary cash assistance, children of

teenage parents, low birthweight babies, and very

young foster children. To receive funding under this

section, an agency, board, council, or provider must

demonstrate:

1. Its capacity to administer and coordinate the

programs and services in a comprehensive manner

and provide a flexible range of services;

2. Its capacity to identify and serve those

children least able to access existing programs and

case management services;

3. Its capacity to administer and coordinate the

125

programs and services in an intensive and continu?

ous manner;

4. The proximity of its facilities to young

children, parents, and other family members to be

served by the program, or its ability to provide offsite

services;

5. Its ability to use existing federal, state, and

local governmental programs and services in

implementing the investment program;

6. Its ability to coordinate activities and services

with existing public and private, state and local

agencies and programs such as those responsible

for health, education, social support, mental health,

child care, respite care, housing, transportation,

alcohol and drug abuse treatment and prevention,

income assistance, employment training and

placement, nutrition, and other relevant services, all

the foregoing intended to assist children and families

at risk;

7. How its plan will involve project participants

and community representatives in the planning and

operation of the investment program;

8. Its ability to participate in the evaluation

component required in this section; and

9. Its consistency with the strategic plan

pursuant to s. 411.221.

(b) While a flexible range of services is

essential in the implementation of this act, the

following services shall be considered the core

group of services:

1. Adequate prenatal care;

2. Health services to the at-risk young children

and their families;

3. Infant and child care services;

4. Parenting skills training;

5. Education or training opportunities appropri?

ate for the family; and

6. Economic support.

Additional services may include, without

limitation, alcohol and drug abuse treatment, mental

health services, housing assistance, transportation,

and nutrition services.

(4) RULES FOR IMPLEMENTATION.—The

1Department of Health and Rehabilitative Services

shall adopt rules necessary to implement this

section.

History

—s. 3, ch. 89-379; s. 100, ch. 96-175; s. 204, ch. 97-101; s. 98,

ch. 2000-165; s. 23, ch. 2000-337.

1Note

—The Department of Health and Rehabilitative Services was

redesignated as the Department of Children and Family Services by s. 5, ch.

96-403, and the Department of Health was created by s. 8, ch. 96-403.

126

Part IV?

Childhood Pregnancy Prevention Public Education Program?

411.24 Short title.—

Now and Babies Later (ENABL) Act.”

This part may be cited as the “Florida Education

History

s. 2, ch. 95-321.

411.241 Legislative intent.—

The Legislature finds

Legislature intends to establish, through a public-

and declares that childhood pregnancies continue to

private partnership, a program to encourage children

be a serious problem in the state. Therefore, the

to abstain from sexual activity.

History

s. 2, ch. 95-321.

411.242 Florida Education Now and Babies Later

(ENABL) program.

—

(1) CREATION.—There is hereby created the

Florida Education Now and Babies Later (ENABL)

program for children and their families, with the goal

of reducing the incidence of childhood pregnancies

in this state by encouraging children to abstain from

sexual activities. This program must provide a

multifaceted, primary prevention, community health

promotion approach to educating and supporting

children in the decision to abstain from sexual

involvement. The Department of Health, in consulta?

tion with the Department of Education, Florida State

University, and other appropriate agencies or

associations, shall develop, implement, and adminis?

ter the ENABL program.

(2) GOALS.—The goal of the ENABL program

is to encourage and assist boys and girls in this

state to decide to abstain from engaging in sexual

activity. The ENABL program is designed to reduce

the incidence of childhood pregnancies; to increase

the percentage of children graduating from school

and becoming more productive citizens; to reduce

the numbers of cocaine babies born in this state; to

reduce the crime rate among these children as they

grow up; to reduce the rate of school dropouts in this

state; and to increase the basic skills and ability of

the future workforce.

(3) ESSENTIAL ELEMENTS.—

(a) The ENABL program should be directed to

geographic areas in the state where the childhood

birth rate is higher than the state average and where

the children and their families are in greatest need

because of an unfavorable combination of eco?

nomic, social, environmental, and health factors,

including, without limitation, extensive poverty, high

crime rate, great incidence of low birthweight babies,

high incidence of alcohol and drug abuse, and high

rates of childhood pregnancy. The selection of a

geographic site shall also consider the incidence of

young children within these at-risk geographic areas

who are cocaine babies, children of single mothers

who receive temporary cash assistance, children of

teenage parents, low birthweight babies, and very

young foster children. To receive funding under this

section, a community-based local contractor must

demonstrate:

1. Its capacity to administer and coordinate the

ENABL pregnancy prevention public education

program and services for children and their families

in a comprehensive manner and to provide a flexible

range of age-appropriate educational services.

2. Its capacity to identify and serve those

children least able to access existing pregnancy

prevention public education programs.

3. Its capacity to administer and coordinate the

ENABL programs and services in an intensive and

continuous manner.

4. The proximity of its program to young

children, parents, and other family members to be

served by the ENABL program, or its ability to

provide offsite educational services.

5. Its ability to incorporate existing federal,

state, and local governmental educational programs

and services in implementing the ENABL program.

6. Its ability to coordinate its activities and

educational services with existing public and private

state and local agencies and programs, such as

those responsible for health, education, social

support, mental health, child care, respite care,

housing, transportation, alcohol and drug abuse

treatment and prevention, income assistance,

employment training and placement, nutrition, and

other relevant services, all of the foregoing intended

to assist children and families at risk.

7. How its plan will involve project participants

and community representatives in the planning and

operation of the ENABL program.

8. Its ability to participate in the evaluation

component required in this section.

9. Its consistency with the strategic plan

pursuant to s. 411.221.

10. Its capacity to match state funding for the

ENABL program at the rate of $1 in cash or in

matching services for each dollar funded by the

state.

(b) Any child whose parent or guardian

presents to the community-based local contractor a

signed statement that the child’s participation in the

ENABL program conflicts with the parent’s or

guardian’s religious beliefs shall be exempt from

such instruction. No child so exempt shall be

penalized by reason of such exemption.

tion public education services is essential in the

implementation of the ENABL program, the following

127

educational services and activities must be consid?

ered essential core services to be offered by each

community-based local contractor:

1. Use of the postponing sexual involvement

age-appropriate education curriculum targeted to

boys and girls in schools or other community

settings.

2. Strategies to convey and reinforce the

ENABL message of postponing childhood sexual

involvement to the affected community, including

activities promoting awareness and involvement of

parents, schools, churches, and other community

groups or organizations.

3. Developing media linkages to publicize the

purposes and goals of the ENABL program.

4. A referral mechanism for children or their

families who request or need other health or social

services, which may include, without limitation,

referral for alcohol and drug abuse treatment, mental

health services, housing assistance, transportation,

and nutrition services.

(4) IMPLEMENTATION.—The department

must:

(a) Implement the ENABL program using the

criteria provided in this section. The department

must evaluate, select, and monitor the two pilot

projects to be funded initially. The

followingcommunity-based local contractors may be

selected among the first sites to be funded:

1. A program based in a local school district, a

county health department, or another unit of local

government.

2. A program based in a local, public or private,

not-for-profit provider of services to children and

their families.

(b) Provide technical assistance to each

community-based local contractor, as necessary.

process.

(d) Explore and pursue federal and foundation

funding possibilities, and specifically request the

United States Department of Health and Human

Services to supplement the development and

implementation of the ENABL program.

(5) PUBLIC RELATIONS.—The department

shall develop a statewide comprehensive media and

public relations campaign to promote changes in

sexual attitudes and behaviors among children and

reinforce the message of abstaining from sexual

activity.

(6) TRAINING.—The department shall be

responsible for developing a uniform training

program for the community-based local contractors

selected to implement the ENABL program.

(7) EVALUATION.—There shall be an indepen?

dent third-party evaluation of the initial grants. The

contract for the evaluation shall be entered into prior

to the selection of the community-based local

contractor, to ensure integrity of the evaluation

design, ongoing monitoring and periodic review of

progress, and a timely, comprehensive evaluation

report. The evaluation report shall be submitted to

the Governor, the President of the Senate, the

Speaker of the House of Representatives, and

appropriate substantive committees and subcommit?

tees of the Legislature by January 1, 1999, and

biennially thereafter. The report due by January 1,

2001, or 5 years after the startup of the initial

prototype programs, whichever is later, shall include

the first longitudinal report on participant outcomes.

History

—s. 2, ch. 95-321; s. 101, ch. 96-175; s. 205, ch. 97-101; s. 197,

ch. 99-8; s. 63, ch. 2000-153; s. 99, ch. 2000-165.

128

Florida Statutes Pertaining to Special Programs?

Chapters 468 and 486?

Chapter 468, Part 1,

Speech-Language Pathology and Audiology

Act

This Act is administered by the Agency for

Health Care and Administration and is commonly

referred to as “Licensing of Speech-Language

Pathologists and Audiologists.”

The legislative intent for passage of the Act was

“to require educational training and certification of

any person who engages in the practice of speech-

language pathology and audiology; to encourage

better educational training programs; to prohibit the

unauthorized and unqualified practice of speech-

language pathology and audiology and the unprofes?

sional conduct of person certified to practice speech-

language pathology and audiology; and to provide

for enforcement of this part and penalties for its

violation.”

Chapter 468, Part 111

Occupational Therapy Practice Act

The purpose of this act is to provide for the

regulation of persons offering occupational therapy

to the public in order to:

a) Safeguard the public health, safety, and

welfare.

b) Protect the public from being misled by

incompetent, unscrupulous, and unauthorized

persons.

c) Assure the highest degree of professional

conduct on the part of occupational therapists and

occupational therapy assistants.

d) Assure the availability of occupational

therapy services and high quality to persons in need

of such services.

Chapter 486

Physical Therapy Practice Act

The sole legislative purpose in enacting this

chapter is to ensure that every physical therapy

practitioner practicing in this state meets minimum

requirements for safe practice. It is the legislative

intent that physical therapy practitioners who fall

below minimum competency or who otherwise

present a danger to the public be prohibited from

practicing in this state.

486.021 Definitions.

—In this chapter, unless the

context otherwise requires, the term:

(1) “Board” means the Board of Physical

Therapy Practice.

(2) “Department” means the Department of

Health.

(3) “License” means the document of authoriza?

tion granted by the board and issued by the depart?

ment for a person to engage in the practice of

physical therapy.

(4) “Endorsement” means licensure granted by

the board pursuant to the provisions of s. 486.081 or

s. 486.107.

(5) “Physical therapist” means a person who is

licensed and who practices physical therapy in

accordance with the provisions of this chapter.

(6) “Physical therapist assistant” means a

person who is licensed in accordance with the

provisions of this chapter to perform patient-related

activities, including the use of physical agents,

whose license is in good standing, and whose

activities are performed under the direction of a

physical therapist as set forth in rules adopted

pursuant to this chapter. Patient-related activities

performed by a physical therapist assistant for a

board-certified orthopedic physician or physiatrist

licensed pursuant to chapter 458 or chapter 459 or a

practitioner licensed under chapter 460 shall be

under the general supervision of a physical thera?

pist, but shall not require onsite supervision by a

physical therapist. Patient-related activities per?

formed for all other health care practitioners licensed

under chapter 458 or chapter 459 and those patient-

related activities performed for practitioners licensed

under chapter 461 or chapter 466 shall be per?

formed under the onsite supervision of a physical

therapist.

(7) “Physical therapy practitioner” means a

physical therapist or a physical therapist assistant

who is licensed and who practices physical therapy

in accordance with the provisions of this chapter.

(8) “Physical therapy” or “physiotherapy,” each

of which terms is deemed identical and interchange?

able with each other, means a health care profes?

sion.

(9) “Direct supervision” means supervision by a

physical therapist who is licensed pursuant to this

chapter. Except in a case of emergency, direct

supervision requires the physical presence of the

licensed physical therapist for consultation and

direction of the actions of a physical therapist or

physical therapist assistant who is practicing under a

temporary permit and who is a candidate for

licensure by examination.

(10) “Physical therapy assessment” means

observational, verbal, or manual determinations of

the function of the musculoskeletal or neuromuscular

system relative to physical therapy, including, but not

limited to, range of motion of a joint, motor power,

postural attitudes, biomechanical function, locomo?

129

tion, or functional abilities, for the purpose of making

recommendations for treatment.

(11) “Practice of physical therapy” means the

performance of physical therapy assessments and

the treatment of any disability, injury, disease, or

other health condition of human beings, or the

prevention of such disability, injury, disease, or other

condition of health, and rehabilitation as related

thereto by the use of the physical, chemical, and

other properties of air; electricity; exercise; massage;

the performance of acupuncture only upon compli?

ance with the criteria set forth by the Board of

Medicine, when no penetration of the skin occurs;

the use of radiant energy, including ultraviolet,

visible, and infrared rays; ultrasound; water; the use

of apparatus and equipment in the application of the

foregoing or related thereto; the performance of tests

of neuromuscular functions as an aid to the diagno?

sis or treatment of any human condition; or the

performance of electromyography as an aid to the

diagnosis of any human condition only upon

compliance with the criteria set forth by the Board of

Medicine. A physical therapist may implement a plan

of treatment for a patient. The physical therapist shall

refer the patient to or consult with a health care

practitioner licensed under chapter 458, chapter

459, chapter 460, chapter 461, or chapter 466, if the

patient’s condition is found to be outside the scope

of physical therapy. If physical therapy treatment for

a patient is required beyond 21 days for a condition

not previously assessed by a practitioner of record,

the physical therapist shall obtain a practitioner of

record who will review and sign the plan. A health

care practitioner licensed under chapter 458,

chapter 459, chapter 460, chapter 461, or chapter

466 and engaged in active practice is eligible to

serve as a practitioner of record. The use of roent?

gen rays and radium for diagnostic and therapeutic

purposes and the use of electricity for surgical

purposes, including cauterization, are not authorized

under the term “physical therapy” as used in this

chapter. The practice of physical therapy as defined

in this chapter does not authorize a physical therapy

practitioner to practice chiropractic medicine as

defined in chapter 460, including specific spinal

manipulation. For the performance of specific

chiropractic spinal manipulation, a physical therapist

shall refer the patient to a health care practitioner

licensed under chapter 460. Nothing in this subsec?

tion authorizes a physical therapist to implement a

plan of treatment for a patient currently being treated

in a facility licensed pursuant to chapter 395.

History.—s. 2, ch. 57-67; s. 1, ch. 67-537; s. 1, ch. 73-354; ss. 1, 2, ch.

78-278; ss. 1, 2, ch. 79-116; s. 361, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 2, 24,

ch. 83-86; s. 1, ch. 83-93; s. 1, ch. 84-275; ss. 3, 17, 18, ch. 86-31; s. 2, ch. 89?

124; s. 4, ch. 91-429; s. 1, ch. 92-70; s. 181, ch. 94-218; s. 175, ch. 97-264; s.

287, ch. 98-166.

A complete copy of these statutes and accompanying rules may be obtained upon request from:

Agency for Health Care Administration

Northwood Centre

1940 North Monroe Street

Tallahassee, FL 32399-0782

130

107

Section B?

Florida State Board of Education

Rules Pertaining

Special Programs

132

Florida State Board of Education Rules Pertaining to Special Programs

Chapter 6A-1

Finance and Administration

6A-1.014 Expenditure of Funds in Programs and

Schools Where Generated.

Compliance with the expendi?

ture requirements as set forth in Section 237.34(3), Florida

Statutes, shall be measured by the criteria set forth in

subsections (1), (2) and (3) of this rule.

(1) Revenue generated by membership represents the

product of the following six (6) factors and any adjustments

by the Department for program ceilings or prior year

adjustments:

(a) The number of full-time equivalent students for

each program funding category,

(b) The cost factor for each program funding category,

(d) The district cost differential,

(e) Other components as funded by the annual

appropriations item for the Florida Education Finance

Program (FEFP), and

(f) The proration factor, if it is necessary to prorate

program earnings to available revenue.

(2) Eligible expenditures as used herein include all

school level direct and indirect expenditures of the general

fund exclusive of expenditures for recreational and enrich?

ment programs, community services not funded under the

FEFP, land, land improvement, buildings, and remodeling.

Eligible expenditures are also to include expenditures for

food services in the special revenue funds. Eligible expendi?

tures for food services shall be limited by the amount of

state and local tax support for food services.

(3) The identification of cost is based on the dimen?

sions of fund, function, object, and facility. School level

costs are distinguished from district level costs as follows:

(a) School level cost.

1. Salaries and fringe benefits of teachers,

2. Salaries and fringe benefits of other instructional

personnel,

3. Salaries and fringe benefits of substitutes,

4. Salaries and fringe benefits of principals and other

administrative personnel,

5. Salaries and fringe benefits of pupil personnel staff

working with pupils,

6. Salaries and fringe benefits of other support staff in

the school,

7. School staff travel,

8. Supplies and materials used in the school center,

9. Maintenance for the school,

10. Utilities for the school,

11. Equipment, audio-visual materials and library

books for the school,

12. Library and audio-visual materials processing and

film rentals,

13. Educational television for instructional purposes,

14. Staff training for school level instructional and non-

instructional personnel,

15. Data processing for student oriented applications,

16. Curriculum coordinators assigned to the school,

17. School building related insurance,

18. Printing of instructional and other school use

materials,

19. Warehousing and distribution of materials used at

the school,

20. Transportation costs other than district level

administration of the activity,

21. Food service costs other than district level

administration of the activity,

22. All other costs of a school level nature.

(b) District level costs.

1. Board expense,

2. Salaries and fringe benefits of superintendent and

staff,

3. Salaries and fringe benefits of other district staff

including subject matter and grade level coordinators,

consultants, or supervisors, as well as the district level

supervisors or directors of transportation, food service,

maintenance and operations,

4. Salaries and fringe benefits of other district support

personnel,

5. Travel of district level personnel,

6. Supplies and materials used in district offices,

7. Bonds and general liability insurance,

8. Maintenance for district offices,

9. Utilities for district office,

10. Equipment for district level services,

11. All other costs of a district level nature.

Specific Authority 229.053(1), 237.34(1) FS. Law Implemented 237.34 FS.

History - New 7-20-74, Amended 9-5-74, Repromulgated 12-5-74, Amended 4-14-76, 7-

12-77, Formerly 6A-1.14, Amended 6-10-87.

6A-1.0141 Categorical Program Funds.

Categorical

program funds, identified in Section 236.081, Florida

Statutes, or any other earmarked funds allocated to a

school district shall be expended only in the program for

which funds are provided. Any such funds, except those

categorical program funds provided through contract or

grant for a specific period of time, not expended by a

school district as of the close of a fiscal year shall be

carried forward into the following fiscal year for the same

categorical purpose.

Specific Authority 229.053 FS. Law Implemented 236.081, 237.01 FS. History ?

New 10-31-74, Repromulgated 12-5-74, Amended 4-8-75, Formerly 6A-1.141.

6A-1.0404 Zero Tolerance for School Related Violent

Crime.

(1) It is essential that schools be safe and orderly to

provide environments that foster learning and high

academic achievement. Goal Five of the state education

goals (Section 229.591(3)(e), Florida Statutes) calls for

communities to provide an environment that is drug-free

and protects students’ health, safety, and civil rights. The

goal emphasizes the personal responsibility of students

and the necessity of involving all stakeholders, including

133

parents, in achieving this goal. Although education and

prevention are the preferred means of achieving safe

schools, there must be a clear statement of policy that

violence in schools will not be permitted. This rule imple?

ments the State Board of Education’s zero tolerance policy

on school violence, crime, and the use of weapons as part

of a comprehensive approach to reducing school violence

and crime. This policy requires school districts to:

(a) Invoke the most severe consequences provided for

in the Code of Student Conduct (Section 230.23, Florida

Statutes) in dealing with students who engage in violent

criminal acts on school property, on school sponsored

transportation, or during school sponsored activities;

(b) Notify a local law enforcement agency when an

adult or a student commits the offenses listed in subsection

(2) of this rule, on school property, on school sponsored

transportation, or at school sponsored activities;

tion and cooperation between schools and law enforcement

agencies, the Department of Health and Rehabilitative

Services, and the Department of Juvenile Justice in sharing

information that will help school officials make the best

decisions regarding students’ educational services and

placement;

(d) Assist teachers and other school personnel,

consistent with district school board policies and Code of

Student Conduct, to act decisively and effectively when

dealing with violent and disruptive youth.

(2) Each school district shall review its Code of

Student Conduct and amend the Code, if necessary, to

ensure that students found to have committed the following

offenses on school property, school sponsored transporta?

tion, or during a school sponsored activity shall receive the

most severe consequences provided for by school board

policy:

(a) homicide (murder, manslaughter);

(b) sexual battery;

(d) aggravated battery;

(e) battery or aggravated battery on a teacher or other

school personnel;

(f) kidnapping or abduction;

(g) arson;

(h) possession, use, or sale of any firearm; or

(i) possession, use or sale of any explosive device.

(3) Prior to taking such action against any student, the

school board shall ensure that appropriate due process

procedures are followed. If a student committing one of the

offense outlined in subsection (2) of this rule is identified as

disabled and participating in a program for exceptional

students, then school personnel shall follow procedures in

Rule 6A-6.0331, FAC. This provision shall not be construed

to remove a school board’s discretion in cases where

mitigating circumstances may affect decisions on disciplin?

ary action.

(4) Each school board shall adopt a zero tolerance

policy on school violence and ensure that all students and

their families are aware of this policy. Such communications

to families shall be consistent with equal access provisions

of subsection (2) of Rule 6A-6.0908, FAC. The school board

shall ensure that all school personnel are aware of the

contents of this rule and the school board’s zero tolerance

policy on school violence.

(5) School boards may assign more severe conse?

quences than normally authorized for violations of the

Code of Student Conduct when the offender appears

motivated by hostility toward the victim’s real or perceived

gender, race, religion, color, sexual orientation, ethnicity,

ancestry, national origin, political beliefs, marital status,

age, social and family background, linguistic preference, or

disability.

(6) School official shall ensure that local law enforce?

ment authorities are notified as soon as possible when one

of the offenses listed in subsection (2) of this rule is

committed on school property, on school sponsored

transportation, or during a school sponsored activity.

Additionally, if the offense involves a victim, school officials

shall notify the victim and the victim’s parents or legal

guardian if the victim is a minor, of the offense and of the

victim’s right to press charges against the offender. School

personnel shall cooperate in any investigation or other

proceedings leading to the victim’s exercise of rights as

provided by law.

(7) The school principal shall monitor the administra?

tion of discipline of students to ensure that discipline is

administered equitably without regard to real or perceived

gender, race, religion, color, sexual orientation, ethnicity,

ancestry, national origin, political beliefs, marital status,

age, social and family background, linguistic preference, or

disability. Annually, the principal shall review school

discipline data with the school advisory council in develop?

ing school improvement plans to maintain a safe and

healthy school environment that protects the civil rights of

all students.

(8) The authority of the teacher and other instructional

personnel to discipline violent and disruptive students shall

be consistent with the provisions of the Code of Ethics

(Rule 6B-1.001, FAC.,) and the Principles of Professional

Conduct of the Education Profession in Florida (Rule 6B-

1.006, FAC.,) school districts Code of Student Conduct,

and schools’ policies. Goals Five and Six of Blueprint 2000

address the significance of the school providing an

environment which promotes good health and is free of

violence, weapons, hazards, vandalism, substance abuse,

and disruptive influences. Within these parameters, the

teacher and other instructional personnel shall have the

authority to undertake any of the following alternatives in

managing student behavior and in ensuring the safety of all

students in their classes and schools:

(a) Create and maintain positive learning environments

in which students are actively engaged in learning, social

interaction, and self-motivation;

(b) Establish classroom rules of conduct;

conditions harmful to learning, mental and physical health,

and safety (paragraph (3)(a) of Rule 6B-1.006, FAC.);

(d) Establish and implement consequences for

infractions of classroom rules;

(e) Assist in enforcing the Code of Student Conduct

and school rules on school property, on school sponsored

134

transportation, and during school sponsored activities;

(f) Assist in educating students of their rights and

responsibilities as contained in the Code of Student

Conduct and school rules;

(g) As an early intervention, hold parent conferences

to solicit support for positive behavior management;

(h) Utilize existing referral and assessment procedures

to determine the violent and disruptive student’s need for

additional services and special programs;

(i) If the violent and disruptive student has been

identified as having disabilities and is currently enrolled in

an exceptional student education (ESE) program, the

teacher and other instructional personnel apply the

provisions of Rule 6A-6.0331, FAC.;

(j) Collaborate with school resource officers, student

assistance personnel, and other student services person?

nel in identifying services for violent and disruptive stu?

dents;

(k) Have violent and disruptive students temporarily

removed from the classroom or area of supervision for

behavior management intervention;

(l) Inform a student’s parent or guardian within twenty-

four (24) hours after the student is referred for violent or

disruptive behavior;

(m) When necessary, use reasonable force to protect

themselves, students and other adults from violent acts;

and

(n) Press charges as authorized in Section 231.06,

Florida Statutes, if a crime has been committed against the

teacher or other instructional personnel on school property,

on school sponsored transportation, or during school