1003.02 District school board operation and control of public K-12 education within the school district.—As provided in part II of chapter 1001, district school boards are constitutionally and statutorily charged with the operation and control of public K-12 education within their school districts. The district school boards must establish, organize, and operate their public K-12 schools and educational programs, employees, and facilities. Their responsibilities include staff development, public K-12 school student education including education for exceptional students and students in juvenile justice programs, special programs, adult education programs, and career education programs. Additionally, district school boards must:
(1) Provide for the proper accounting for all students 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 students in the following areas:
(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. District school boards are authorized to establish policies that allow accumulated unexcused tardies, regardless of when they occur during the school day, and early departures from school to be recorded as unexcused absences. District school boards are also authorized to establish policies that require referral to a school’s child study team for students who have fewer absences than the number required by s. 1003.26(1)(b).
(c) Control of students.—
1. Adopt rules for the control, attendance, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended 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 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.
2. Adopt courses of study for use in the schools of the district.
3. Provide for proper requisitioning, distribution, 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 course descriptions 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, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
(f) Facilities and school plant.—
1. Approve and adopt a districtwide school facilities program, in accordance with the requirements 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, playgrounds, 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, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
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 maintenance and upkeep of school plants, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
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 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.
3. Provide and adopt an Internet safety policy for student access to the Internet provided by the school district which:
a. Limits access by students to only age-appropriate subject matter and materials on the Internet.
b. Protects the safety and security of students when using e-mail, chat rooms, and other forms of direct electronic communications.
c. Prohibits access by students to data or information, including so-called “hacking,” and other unlawful online activities by students.
d. Prevents access to websites, web applications, or software that does not protect against the disclosure, use, or dissemination of students’ personal information.
4. Prohibit and prevent students from accessing social media platforms through the use of Internet access provided by the school district, except when expressly directed by a teacher solely for educational purposes.
5. Prohibit the use of the TikTok platform or any successor platform on district-owned devices, through Internet access provided by the school district, or as a platform to communicate or promote any district school, school-sponsored club, extracurricular organization, or athletic team.
The State Board of Education shall adopt rules to administer this paragraph.
(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.
(i) Notification of acceleration, academic, and career planning options.—At the beginning of each school year, notify students in or entering high school and the students’ parents, in a language that is understandable to students and parents, of the opportunity and benefits of advanced placement, International Baccalaureate, Advanced International Certificate of Education, and dual enrollment courses; career and professional academies; career-themed courses; the career and technical education pathway to earn a standard high school diploma under s. 1003.4282(10); work-based learning opportunities, including internships and apprenticeship and preapprenticeship programs; foundational and soft-skill credentialing programs under s. 445.06; Florida Virtual School courses; and options for early graduation under s. 1003.4281, and provide those students and parents with guidance on accessing and using Florida’s online career planning and work-based learning coordination system and the contact information of a certified school counselor who can advise students and parents on those options.
(j) Return on investment.—Notify the parent of a student who earns an industry certification that articulates for postsecondary credit of the estimated cost savings to the parent before the student’s high school graduation versus the cost of acquiring such certification after high school graduation, which would include the tuition and fees associated with available postsecondary credits. Also, the student and the parent must be informed of any additional industry certifications available to the student.
(k) Instructions on emergency first aid for choking.—Require a poster that contains step-by-step instructions on how to provide emergency first aid for choking on conscious individuals to be posted in each public school cafeteria within the school district. The poster must be easily visible and prominently placed.
(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) 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 dependent upon the school principal for its existence, budget, and staff.
(c) A separate and autonomous smaller unit 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.
(5) Participate in the planning process for promoting a coordinated system of care for children and adolescents pursuant to s. 394.4955.
...Stat. § 1001.32 (2); see also Fla. Const., art. IX, § 4(b). Florida also charges local school boards with decisions regarding “admitting, classifying, promoting, and graduation of students to or from various schools of the district.” Fla. Stat. § 1003.02 (l)(a)....
Cited 1 times | Published | Supreme Court of Florida
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voters.
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Further, the ballot summary fails to explain which public schools or
categories of schools will be affected. Currently, in addition to the general
provision for K-12 education in section 1003.02, Florida Statutes (2018), providing
that schools boards “must establish, organize, and operate their public K-12
schools and educational programs,” the Florida Statutes provide for five additional
public schools or categories of public schools.2 It is entirely unclear from both the
2....
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Article IX, section 4(b), of the Florida Constitution presently empowers
local school boards with operating, controlling, and supervising “all free public
schools within the school district.” Art. IX, § 4(b), Fla. Const. Section 1003.02,
Florida Statutes (2018), builds on this constitutional authority, stating that “district
school boards must establish, organize, and operate their public K-12 schools.”
§ 1003.02, Fla....
...he school districts “[p]rovide for
the proper accounting for all students 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 students.” § 1003.02(1), Fla. Stat. (2015) (emphasis added).
“Control of students” encompasses adopting “rules for the control, attendance,
discipline, in-school suspension, suspension, and expulsion of students.” §
1003.02(1)(c)1, Fla....
...The
School Board has the authority to "operate, control and supervise all free
public schools within the school district and determine the rate of school
district taxes within the limits" imposed by the Florida Constitution. Art.
IX, § 4(b), Fla. Const.; see also § 1003.02(1)(g)1, Fla....
8 U.S.C. §§ 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2(c)(2). Ruiz-Turcios’s motion to reopen did not
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
