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The 2024 Florida Statutes
(including 2025 Special Session C)
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F.S. 1003.011003.01 Definitions.—As used in this chapter, the term:(1) “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. (2) “Career education” means education that provides instruction for the following purposes:(a) At the elementary, middle, and high 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 occupation. Career education provided before high school completion must be designed to strengthen both occupational awareness and academic skills integrated throughout all academic instruction. (b) At the secondary school level, job-preparatory 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. (c) At the postsecondary education level, courses of study that provide competencies needed for entry into specific occupations or for advancement within an occupation. (3) “Certified unaccompanied homeless youth” means a youth certified as an unaccompanied homeless youth pursuant to s. 743.067. (4) “Children and youths who are experiencing homelessness,” for programs authorized under subtitle B, Education for Homeless Children and Youths, of Title VII of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et seq., means children and youths who lack a fixed, regular, and adequate nighttime residence, and includes:(a) Children and youths sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; living in motels, hotels, travel trailer parks, or camping grounds due to the lack of alternative adequate accommodations; living in emergency or transitional shelters; or abandoned in hospitals. (b) Children and youths having a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings. (c) Children and youths living in cars, parks, public spaces, abandoned buildings, bus or train stations, or similar settings. (d) Migratory children living in circumstances described in paragraphs (a)-(c). (5) “Core-curricula courses” means:(a) Courses in language arts/reading, mathematics, social studies, and science in prekindergarten through grade 3, excluding extracurricular courses pursuant to subsection (11); (b) Courses in grades 4 through 8 in subjects that are measured by state assessment at any grade level and courses required for middle school promotion, excluding extracurricular courses pursuant to subsection (11); (c) Courses in grades 9 through 12 in subjects that are measured by state assessment at any grade level and courses that are specifically identified by name in statute as required for high school graduation and that are not measured by state assessment, excluding extracurricular courses pursuant to subsection (11); (d) Exceptional student education courses; and (e) English for Speakers of Other Languages courses. The term is limited in meaning and used for the sole purpose of designating classes that are subject to the maximum class size requirements established in s. 1, Art. IX of the State Constitution. This term does not include courses offered under ss. 1002.321(4)(e), 1002.33(7)(a)2.c., 1002.37, 1002.45, and 1003.499. (6) “Corporal punishment” means the moderate 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 disruptive students. (7) “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. (8) “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 completion; (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; (c) The student has withdrawn from school, but has not transferred to another public or private school or enrolled in any career, 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; or (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. (9)(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 disabilities who have an intellectual disability; autism spectrum disorder; a speech impairment; a language impairment; an orthopedic impairment; an other health impairment; traumatic brain injury; a visual impairment; an emotional or behavioral disability; or a specific learning disability, including, but not limited to, dyslexia, dyscalculia, or developmental aphasia; students who are deaf or hard of hearing or dual sensory impaired; students who are hospitalized or homebound; children with developmental delays ages birth through 9 years or through the student’s completion of grade 2, whichever occurs first, 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 evaluation services; social services; physical and occupational therapy; speech and language pathology services; job placement; orientation and mobility training; braillists, typists, and readers for the blind; interpreters and auditory amplification; services provided by a certified listening and spoken language specialist; 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. (10) “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 remainder 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. (11) “Extracurricular courses” means all courses that are not defined as “core-curricula courses,” which may include, but are not limited to, physical education, fine arts, performing fine arts, career education, and courses that may result in college credit. The term is limited in meaning and used for the sole purpose of designating classes that are not subject to the maximum class size requirements established in s. 1, Art. IX of the State Constitution. (12) “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 remediation of the truancy problem before being dealt with as a child in need of services according to the provisions of chapter 984. (13)(a) “In-school suspension” means the temporary 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. (b) “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. (14)(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 composed of 250 days of instruction, or the equivalent expressed in hours as specified in State Board of Education rule, distributed over 12 months. If the period of operation is expressed in hours, the State Board of Education must review the calculation annually. A district school board, including an educational entity under s. 985.619, may decrease the minimum number of days of instruction by up to 20 days or equivalent hours as specified in the State Board of Education rule for teacher planning, subject to the approval of the Department of Juvenile Justice and the Department of Education. (b) “Juvenile justice provider” means the Department of Juvenile Justice, the sheriff, or a private, public, or other governmental organization under contract with the Department of Juvenile Justice or the sheriff that provides treatment, care and custody, or educational programs for youth in juvenile justice intervention, detention, or commitment programs. (15) “Physical education” means the development or maintenance of skills related to strength, agility, flexibility, movement, and stamina, including dance; the development of knowledge and skills regarding teamwork and fair play; the development of knowledge and skills regarding nutrition and physical fitness as part of a healthy lifestyle; and the development of positive attitudes regarding sound nutrition and physical activity as a component of personal well-being. (16) “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; (c) A private school supported in whole or in part by tuition charges or by endowments or gifts; (d) A home education program that meets the requirements of chapter 1002; (e) A private tutoring program that meets the requirements of chapter 1002; or (f) A personalized education program that meets the requirements of s. 1002.395. (17) “School” means an organization of students 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. History.—s. 111, ch. 2002-387; s. 1, ch. 2003-391; s. 81, ch. 2004-357; s. 15, ch. 2006-74; s. 2, ch. 2007-28; s. 5, ch. 2008-147; s. 3, ch. 2008-204; s. 6, ch. 2009-164; s. 14, ch. 2011-55; s. 15, ch. 2011-175; s. 10, ch. 2012-133; s. 3, ch. 2013-225; s. 33, ch. 2014-39; s. 1, ch. 2021-70; s. 1, ch. 2022-24; s. 6, ch. 2022-65; s. 148, ch. 2023-8; s. 10, ch. 2023-16; s. 25, ch. 2023-108; s. 25, ch. 2024-133; s. 3, ch. 2024-162.
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Annotations, Discussions, Cases:
Cases Citing Statute 1003.01
Total Results: 48
448 F.3d 1229, 2006 U.S. App. LEXIS 11475
Court of Appeals for the Eleventh Circuit | Filed: May 5, 2006 | Docket: 3174
Cited 347 times | Published
F.3d 1331, 1333 (11th Cir.2003); see 8 C.F.R. § 1003.1(e)(4) (i).
Silva complains that the Board of Immigration
418 F.3d 1198, 2005 U.S. App. LEXIS 15596
Court of Appeals for the Eleventh Circuit | Filed: Jul 29, 2005 | Docket: 204569
Cited 329 times | Published
opinion the IJ’s decision pursuant to 8 C.F.R. § 1003.1(e)(4), the IJ’s decision is the final agency determination
492 F.3d 1223, 2007 U.S. App. LEXIS 16950
Court of Appeals for the Eleventh Circuit | Filed: Jul 17, 2007 | Docket: 2028711
Cited 257 times | Published
affirms the IJ's decision pursuant to 8 C.F.R. § 1003.1(e)(4), "we review the IJ's decision as if it were
524 F.3d 1248, 2008 U.S. App. LEXIS 8640
Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 2008 | Docket: 1508
Cited 177 times | Published
determining the cases coming before [it]." 8 C.F.R. § 1003.1(d)(1)(ii). Moreover, even if the BIA did affirm
605 F.3d 1138, 2010 U.S. App. LEXIS 9678
Court of Appeals for the Eleventh Circuit | Filed: May 12, 2010 | Docket: 522601
Cited 161 times | Published
may grant summary dismissal pursuant to 8 C.F.R. § 1003.1(d)(2)(i). Specifically, the code vests discretion
913 F.3d 1301
Court of Appeals for the Eleventh Circuit | Filed: Jan 25, 2019 | Docket: 14516830
Cited 93 times | Published
Id.
at 1012-13 (citing
8 C.F.R. § 1003.1
; BIA Prac. Man., Ch. 1.3(a)(i) (rev. 6/15/2014)
342 F.3d 1219, 2003 U.S. App. LEXIS 16898, 2003 WL 21961804
Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2003 | Docket: 397726
Cited 88 times | Published
redesignated and can now be found at 8 C.F.R. § 1003.1(d)(2)(i)(E).
2
. Lozada's third
703 F.3d 1303, 2013 U.S. App. LEXIS 295
Court of Appeals for the Eleventh Circuit | Filed: Jan 4, 2013 | Docket: 890034
Cited 71 times | Published
evidence. Under the relevant regulation, 8 C.F.R. § 1003.1(d)(8), the BIA is empowered to review an IJ’s
877 F.3d 1293
Court of Appeals for the Eleventh Circuit | Filed: Dec 15, 2017 | Docket: 6242636
Cited 66 times | Published
also bound both by agency precedent, 8 C.F.R. § 1003.1(g), and by precedent established by the federal
692 F.3d 1168, 2012 WL 3655293, 2012 U.S. App. LEXIS 18159
Court of Appeals for the Eleventh Circuit | Filed: Aug 27, 2012 | Docket: 593315
Cited 41 times | Published
unless it is modified or overruled. See 8 C.F.R. § 1003.1(g). And the majority points to no authority to
935 F.3d 1148
Court of Appeals for the Eleventh Circuit | Filed: Aug 21, 2019 | Docket: 16092142
Cited 26 times | Published
cases coming before the Board."
8 C.F.R. § 1003.1
(d)(1)(ii). That duty exists independent
453 F.3d 1319, 2006 U.S. App. LEXIS 16182
Court of Appeals for the Eleventh Circuit | Filed: Jun 28, 2006 | Docket: 398618
Cited 26 times | Published
summarily dismissing an appeal pursuant to 8 C.F.R. § 1003.1(d)(2)(i)(E) solely because a petitioner indicated
420 F.3d 1338, 2005 U.S. App. LEXIS 17990
Court of Appeals for the Eleventh Circuit | Filed: Aug 22, 2005 | Docket: 398395
Cited 24 times | Published
the BIA entered an order, pursuant to 8 C.F.R. § 1003.1(e)(4), summarily affirming the IJ’s decision.
967 So. 2d 259, 2007 WL 2710760
District Court of Appeal of Florida | Filed: Sep 19, 2007 | Docket: 1454213
Cited 18 times | Published
unexcused absences within 90 calendar days." § 1003.01(8), Fla. Stat (2005). Though the statute does
155 So. 745, 115 Fla. 48, 1934 Fla. LEXIS 1464
Supreme Court of Florida | Filed: May 25, 1934 | Docket: 3272447
Cited 18 times | Published
as amended by Chapter 15053, Acts of 1931, Section 1003 (1), et seq., Cum. Supp., C. G. L., 1934, to foreclose
904 F.3d 1294
Court of Appeals for the Eleventh Circuit | Filed: Sep 25, 2018 | Docket: 7930086
Cited 13 times | Published
that it is permissible under
8 C.F.R. § 1003.1
(e)(4)(i)(A) for the Board to summarily
627 So. 2d 586, 1993 WL 495972
District Court of Appeal of Florida | Filed: Dec 3, 1993 | Docket: 1254841
Cited 6 times | Published
[1] pictures of the Rancourts' property, and section 1003.01 of the zoning ordinance. The record indicates
122 So. 3d 263, 38 Fla. L. Weekly Supp. 617, 2013 Fla. LEXIS 1893, 2013 WL 4734579
Supreme Court of Florida | Filed: Sep 4, 2013 | Docket: 60234660
Cited 5 times | Published
instructional services that meet the intent of Fla. Stat. 1003.01(13) or that gives preemployment or supplementary
891 F.3d 1302
Court of Appeals for the Eleventh Circuit | Filed: Jun 7, 2018 | Docket: 7079931
Cited 4 times | Published
determination for anything but clear error.
8 C.F.R. § 1003.1
(d)(3)(i).
Under
8 U.S.C. § 1182
842 F.3d 1324, 2016 U.S. App. LEXIS 21702, 2016 WL 7099781
Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2016 | Docket: 4548857
Cited 4 times | Published
equate secondary and high schools,
id.
§ 1003.01, and another provision suggests that only high
175 F. Supp. 3d 1338, 2016 U.S. Dist. LEXIS 42211, 2016 WL 1244539
District Court, M.D. Florida | Filed: Mar 30, 2016 | Docket: 64308001
Cited 4 times | Published
submitted for the first time on appeal. Part 8 C.F.R. § 1003.1(d)(3)(iv) provides:
Except for taking administrative
596 So. 2d 687, 1992 Fla. App. LEXIS 548, 1992 WL 12174
District Court of Appeal of Florida | Filed: Jan 29, 1992 | Docket: 1358972
Cited 2 times | Published
Weinstein & M. Berger, Weinstein's Evidence § 1003[01] (1983). The trial court should require persuasive
2 F. Supp. 3d 1277, 2014 U.S. Dist. LEXIS 28907, 2014 WL 897072
District Court, M.D. Florida | Filed: Mar 6, 2014 | Docket: 64293503
Cited 1 times | Published
debate on this issue, and that statute, Fla. Stat. § 1003.01, favors the position of the School Board:
1003
690 F.3d 1207, 2012 U.S. App. LEXIS 16907
Court of Appeals for the Eleventh Circuit | Filed: Aug 13, 2012 | Docket: 1074217
Cited 1 times | Published
to carry out in individual cases, see 8 C.F.R. § 1003.1(a)(1).
. See e.g., 8 U.S.C. § 1182(h) ("The
95 So. 3d 868, 37 Fla. L. Weekly Supp. 352, 2012 WL 2848895, 2012 Fla. LEXIS 961
Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60311327
Cited 1 times | Published
children and has one or more play structures.
§ 1003.01 Fla. Stat.
“School” means an organization of
169 So. 613, 125 Fla. 171
Supreme Court of Florida | Filed: Aug 6, 1936 | Docket: 3266049
Cited 1 times | Published
1935, under Chapter 14572, Acts of 1929, Section 1003 (1), et seq., 1934 and 1936 Supp. to C.G.L., it
Court of Appeals for the Eleventh Circuit | Filed: Jan 30, 2025 | Docket: 67645147
Published
Argued: Jul 28, 2023
its implementing regulations.
8 C.F.R. § 1003.1(d)(1). See Negusie, 555 U.S. at 517
(“The Attorney
Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 2024 | Docket: 66680340
Published
as he did
here. Id.; see also 8 C.F.R. § 1003.1(h); Yu, 568 F.3d at 1333 (“The
fact that
Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 2024 | Docket: 66680340
Published
as he did
here. Id.; see also 8 C.F.R. § 1003.1(h); Yu, 568 F.3d at 1333 (“The
fact that
Court of Appeals for the Eleventh Circuit | Filed: Dec 23, 2022 | Docket: 66680340
Published
as he did here. Id.; see
also 8 C.F.R. § 1003.1(h); Yu v. U.S. Att’y Gen., 568 F.3d 1328, 1333
Court of Appeals for the Eleventh Circuit | Filed: Dec 23, 2022 | Docket: 66680340
Published
as he did here. Id.; see
also 8 C.F.R. § 1003.1(h); Yu v. U.S. Att’y Gen., 568 F.3d 1328, 1333
Court of Appeals for the Eleventh Circuit | Filed: Jan 5, 2022 | Docket: 61690838
Published
ultimately found one side more credible.
See 8 C.F.R. § 1003.1(d)(3)(i) (“Facts determined by the [IJ], includ-
Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 2021 | Docket: 61494522
Published
the immigration
judge did not decide. 8 C.F.R. § 1003.1(d)(3); see also Zhou Hua Zhu v. U.S.
Att’y Gen
Court of Appeals for the Eleventh Circuit | Filed: Jun 17, 2021 | Docket: 59993054
Published
discretionary grant of asylum under 8 C.F.R.
§ 1003.1(d)(3)(ii) and acknowledged that although § 1208
Court of Appeals for the Eleventh Circuit | Filed: May 11, 2021 | Docket: 59897515
Published
decisions of immigration judges de novo.” 8 C.F.R. § 1003.1(d)(3)(ii). And when
the Board considers a petitioner’s
District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678211
Published
education, science, and social studies.”
Section 1003.01(10), Florida Statutes (2018), defines “Special
Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2020 | Docket: 17460638
Published
Act
and its implementing regulations,” 8 C.F.R. § 1003.1(d)(1), the scope of an
individual immigration
Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2020 | Docket: 17465973
Published
Act
and its implementing regulations,” 8 C.F.R. § 1003.1(d)(1), the scope of an
individual immigration
District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089296
Published
education, science, and social studies.”
Section 1003.01(10), Florida Statutes (2018), defines “Special
256 So. 3d 226
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 64690132
Published
applicable to the criminal trespass provision. Section 1003.01(5)(a) of the Florida Education Code does include
District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6244016
Published
removal is clearly defined in the Education Code. § 1003.01,
Fla. Stat.; § 1003.53, Fla. Stat. Further, the
124 F. Supp. 3d 1254, 2015 U.S. Dist. LEXIS 109489, 2015 WL 4999162
District Court, M.D. Florida | Filed: Aug 19, 2015 | Docket: 64303700
Published
debate on this issue, and that statute, Fla. Stat. § 1003.01, favors the position of the School Board:
1003
707 F.3d 1224, 80 A.L.R. Fed. 2d 731, 2013 WL 409135, 2013 U.S. App. LEXIS 2447
Court of Appeals for the Eleventh Circuit | Filed: Feb 4, 2013 | Docket: 1079837
Published
implementing regulations.”
2
8 C.F.R. § 1003.1(d)(1). Thus, the BIA “should be accorded
690 F.3d 1258, 2012 U.S. App. LEXIS 17158
Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 2012 | Docket: 462137
Published
second notice to appear.
See
8 C.F.R. § 1003.1(d)(7) (“The Board may return a case to the Service
Court of Appeals for the Eleventh Circuit | Filed: Aug 15, 2012 | Docket: 2904197
Published
amend the second notice to appear. See 8 C.F.R. §
1003.1(d)(7) (“The Board may return a case to the Service
Court of Appeals for the Eleventh Circuit | Filed: May 12, 2010 | Docket: 531835
Published
grant
summary dismissal pursuant to 8 C.F.R. § 1003.1(d)(2)(i). Specifically, the code
vests discretion
22 So. 3d 9, 34 Fla. L. Weekly Supp. 555, 2009 Fla. LEXIS 1663, 2009 WL 3132829
Supreme Court of Florida | Filed: Oct 1, 2009 | Docket: 1639562
Published
with Disabilities in Education Act ("IDEA") and F.S. 1003.01(3).
2. A surrogate parent is needed to act in
Florida Attorney General Reports | Filed: Nov 23, 2004 | Docket: 3255994
Published
Sincerely,
Charlie Crist Attorney General
CC/tls
1 Section 1003.01(5)(a), Fla. Stat., defines "suspension", a
