Fla. Stat. § 230.23
The school board, acting as a board, shall exercise all powers and perform all duties listed below:
(1) REQUIRE MINUTES AND RECORDS TO BE KEPT.--Require the superintendent, as secretary, to keep such minutes and records as are necessary to set forth clearly all actions and proceedings of the school board.
(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:
(d) Cooperate with boards of adjoining districts in maintaining schools.--Approve plans for cooperating with school boards of adjoining districts in this state or in adjoining states for establishing school attendance areas composed of territory lying within the districts and for the joint maintenance of district-line schools or other schools which are to serve those attendance areas. The conditions of such cooperation shall be as follows:
1. Establishment.--The establishment of a school to serve attendance areas lying in more than one district and the plans for maintaining the school and providing educational services to pupils shall be effected by annual resolutions spread upon the minutes of each school board concerned, which resolutions shall set out the territorial limits of the areas from which children are to attend the school and the plan to be followed in maintaining and operating the school.
2. Control.--Control of the school or schools involved shall be vested in the school board of the district in which the school or schools are located unless otherwise agreed by the school boards.
3. Settlement of disagreements.--In the event an agreement cannot be reached relating to such attendance areas or to the school or schools therein, the matter may be referred jointly by the cooperating school boards or by either school board to the Department of Education for decision under regulations of the state board, and its decision shall be binding on both school boards.
(m) Exceptional students.--Provide for an appropriate program of special instruction, facilities, and services for exceptional students as prescribed by the state board as acceptable, including provisions that:
1. The school board provide the necessary professional services for diagnosis and evaluation of exceptional students.
2. The school board provide the special instruction, classes, and services, either within the district school system, in cooperation with other district school systems, or through contractual arrangements with approved nonpublic schools or community facilities which meet standards established by the commissioner.
3. The school board annually provide information describing the Florida School for the Deaf and the Blind and all other programs and methods of instruction available to the parent or guardian of a sensory-impaired student.
4. The school board, once every 3 years, submit to the department its proposed procedures for the provision of special instruction and services for exceptional students.
5. No student be given special instruction or services as an exceptional student until after he or she has been properly evaluated, classified, and placed in the manner prescribed by rules of the commissioner. The parent or guardian of an exceptional student evaluated and placed or denied placement in a program of special education shall be notified of each such evaluation and placement or denial. Such notice shall contain a statement informing the parent or guardian that he or she is entitled to a due process hearing on the identification, evaluation, and placement, or lack thereof. Such hearings shall be exempt from the provisions of ss. 120.569, 120.57, and 286.011, and any records created as a result of such hearings shall be confidential and exempt from the provisions of s. 119.07(1), to the extent that the commissioner adopts rules establishing other procedures. The hearing must be conducted by an administrative law judge from the Division of Administrative Hearings of the Department of Management Services. The decision of the administrative law judge shall be final, except that any party aggrieved by the finding and decision rendered by the administrative law judge shall have the right to bring a civil action in the circuit court. In such an action, the court shall receive the records of the administrative hearing and shall hear additional evidence at the request of either party. In the alternative, any party aggrieved by the finding and decision rendered by the administrative law judge shall have the right to request an impartial review of the administrative law judge's order by the district court of appeal as provided by s. 120.68. Notwithstanding any law to the contrary, during the pendency of any proceeding conducted pursuant to this section, unless the district school board and the parents or guardian otherwise agree, the child shall remain in his or her then-current educational assignment or, if applying for initial admission to a public school, shall be assigned, with the consent of the parents or guardian, in the public school program until all such proceedings have been completed.
6. In providing for the education of exceptional students, the superintendent, principals, and teachers shall utilize the regular school facilities and adapt them to the needs of exceptional students to the maximum extent appropriate. Segregation of exceptional students shall occur only if the nature or severity of the exceptionality is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.
(n) Alternative education programs for students in residential care facilities.--Provide educational programs according to rules of the state board to students who reside in residential care facilities operated by the 1Department of Health and Rehabilitative Services.
1. The district school board shall not be charged any rent, maintenance, utilities, or overhead on such facilities. Maintenance, repairs, and remodeling of existing facilities shall be provided by the 1Department of Health and Rehabilitative Services.
2. If additional facilities are required, the district school board and the 1Department of Health and Rehabilitative Services shall agree on the appropriate site based on the instructional needs of the students. When the most appropriate site for instruction is on district school board property, a special capital outlay request shall be made by the commissioner in accordance with s. 235.41. When the most appropriate site is on state property, state capital outlay funds shall be requested by the 1Department of Health and Rehabilitative 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 1Department of Health and Rehabilitative 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 1Department of Health and Rehabilitative Services deinstitutionalization plans.
3. The school board shall have full and complete authority in the matter of the assignment and placement of such students in educational programs. The parent or guardian of exceptional students shall have the due process rights provided for in subparagraph (m)5.
4. The school board shall have a written agreement with the 1Department of Health and Rehabilitative Services outlining the respective duties and responsibilities of each party. Notwithstanding the provisions herein, the educational programs at the Arthur Dozier School for Boys, the Marianna Sunland Center in Jackson County, and the Florida School for Boys at Okeechobee in Okeechobee 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.
(5) PERSONNEL.--Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees as follows, subject to the requirements of chapter 231:
(b) Action on nominations.--Act not later than 3 weeks after the end of the regular legislative session on the nominations by the superintendent of supervisors, principals, and members of the instructional staff.
2(c) Compensation and salary schedules.--Adopt a salary schedule or salary schedules to be used as a basis for paying all school employees.
(f) Suspension and dismissal and return to annual contract status.--Suspend, dismiss, or return to annual contract members of the instructional staff and other school employees; however, no administrative assistant, supervisor, principal, teacher, or other member of the instructional staff may be discharged, removed, or returned to annual contract except as provided in chapter 231.
2(g) Awards and incentives.--Provide for recognition of district employees, students, school volunteers, or advisory committee members who have contributed outstanding and meritorious service in their fields or service areas.
(6) CHILD WELFARE.--Provide for the proper accounting for all children of school age, for the attendance and control of pupils at school, and for proper attention to health, safety, and other matters relating to the welfare of children in the following fields, as prescribed in chapter 232.
(c) Control of pupils.--
1. Adopt rules and regulations for the control, discipline, in-school suspension, suspension, and expulsion of pupils and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the pupil's parent or legal guardian must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The school board shall have the authority to prohibit the use of corporal punishment, provided that the school board adopts or has adopted a written program of alternative control or discipline.
2. Have the authority as the school board of a receiving school district to honor the final order of expulsion or dismissal of a student by any in-state or out-of-state public school board or private school, or developmental research school, for an act which would have been grounds for expulsion according to the receiving school district's code of student conduct, in accordance with the following procedures:
a. A final order of expulsion shall be recorded in the records of the receiving school district.
b. The expelled student applying for admission to the receiving school district shall be advised of the final order of expulsion.
c. The superintendent of schools of the receiving school district may recommend to the school board that the final order of expulsion be waived and the student be admitted to the school district, or that the final order of expulsion be honored and the student not be admitted to the school district. If the student is admitted by the school board, with or without the recommendation of the superintendent, the student may be placed in an appropriate educational program at the direction of the school board.
(d) Code of student conduct.--Adopt a code of student conduct for elementary schools and a code of student conduct for secondary schools and distribute the appropriate code to all teachers, school personnel, students, and parents or guardians, at the beginning of every school year. Each code shall be organized and written in language which is understandable to students and parents and shall be discussed at the beginning of every school year in student classes, school advisory councils, and parent and teacher associations. Each code shall be based on the rules governing student conduct and discipline adopted by the school board and be made available in the student handbook or similar publication. Each code shall include, but not be limited to:
1. Consistent policies and specific grounds for disciplinary action, including in-school suspension, out-of-school suspension, expulsion, any disciplinary action that may be imposed for the possession or use of alcohol on school property or while attending a school function or for the illegal use, sale, or possession of controlled substances as defined in chapter 893.
2. Procedures to be followed for acts requiring discipline, including corporal punishment.
3. An explanation of the responsibilities and rights of students with regard to attendance, respect for persons and property, knowledge and observation of rules of conduct, the right to learn, free speech and student publications, assembly, privacy, and participation in school programs and activities.
4. Notice that illegal use, possession, or sale of controlled substances, as defined in chapter 893, or possession of electronic telephone pagers, by any student while such student is upon school property or in attendance at a school function is grounds for disciplinary action by the school and may also result in criminal penalties being imposed.
5. Notice that the possession of a firearm, a knife, a weapon, or an item which can be used as a weapon by any student while the student is on school property or in attendance at a school function is grounds for disciplinary action and may also result in criminal prosecution.
6. Notice that violence against any school district personnel by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.
7. Notice that violation of school board transportation policies, including disruptive behavior on a school bus or at a school bus stop, by a student is grounds for suspension of the student's privilege of riding on a school bus and may be grounds for disciplinary action by the school and may also result in criminal penalties being imposed.
8. Notice that violation of the school board's sexual harassment policy by a student is grounds for in-school suspension, out-of-school suspension, expulsion, or imposition of other disciplinary action by the school and may also result in criminal penalties being imposed.
9. Policies to be followed for the assignment of violent or disruptive students to an alternative educational program.
10. Notice that any student who is determined to have brought a firearm, as defined in 18 U.S.C. s. 921, to school, any school function, or on any school-sponsored transportation will be expelled, with or without continuing educational services, from the student's regular school for a period of not less than 1 full year and referred for criminal prosecution. School boards may assign the student to a disciplinary program or second chance school for the purpose of continuing educational services during the period of expulsion. Superintendents may consider the 1-year expulsion requirement on a case-by-case basis and request the school board to modify the requirement if determined to be in the best interest of the student and the school system.
(7) COURSES OF STUDY AND OTHER INSTRUCTIONAL AIDS.--Provide adequate instructional aids for all children as follows and in accordance with the requirements of chapter 233.
(9) SCHOOL PLANT.--Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in chapter 235 and as follows:
(b) Sites, buildings, and equipment.--
1. Select and purchase school sites, playgrounds, and recreational areas located at centers at which schools are to be constructed, of adequate size to meet the needs of projected pupils to be accommodated.
2. Approve the proposed purchase of any site, playground, or recreational area for which district funds are to be used.
3. Expand existing sites.
4. Rent buildings when necessary.
5. Enter into leases or lease-purchase arrangements, in accordance with the requirements and conditions provided in s. 235.056(2), with private individuals or corporations for the rental of necessary grounds and educational facilities for school purposes or of educational facilities to be erected for school purposes. Current or other funds authorized by law may be used to make payments under a lease-purchase agreement. Notwithstanding any other statutes, if the rental is to be paid from funds received from ad valorem taxation and the agreement is for a period greater than 12 months, an approving referendum must be held. The provisions of such contracts, including building plans, shall be subject to approval by the Department of Education, and no such contract shall be entered into without such approval. As used in this section, "educational facilities" means the buildings and equipment which are built, installed, or established to serve educational purposes and which may lawfully be used. The Commissioner of Education may adopt such rules as are necessary to implement the provisions hereof.
6. Provide for the proper supervision of construction.
7. Make or contract for additions, alterations, and repairs on buildings and other school properties.
8. Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of pupils, as well as for economy of construction.
(10) FINANCE.--Take steps to assure children adequate educational facilities through the financial procedure authorized in chapters 236 and 237 and as prescribed below:
(k) Investment policies.--
1. Adopt policies pertaining to the investment of school funds not needed for immediate expenditures, after considering the recommendations of the superintendent. The adopted policies shall make provisions for investing or placing on deposit all such funds in order to earn the maximum possible yield under the circumstances from such investments or deposits. The method of determining the maximum yield on investments or deposits shall include, but not necessarily be limited to, bids from qualified depositories, yields from certificates of deposit, yields from time deposits, yields from securities guaranteed by the Government of the United States, or other forms of investments authorized by law.
2. Part of the funds available for investment may be set aside to invest in time deposits or savings accounts in banks or savings and loan associations on the federal list of minority financial institutions designated as authorized depositories. The investment of such funds must be competitively bid among such minority financial institutions located within the school district boundaries and must be in compliance with s. 236.24 and chapter 280. The amount of funds designated for such investment shall be determined by the school board and may be based on the percentage of minorities within the population of the school district.
(11) RECORDS AND REPORTS.--Provide for the keeping of all necessary records and the making of all needed or required reports, as follows:
(16) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.--Maintain a system of school improvement and education accountability as provided by statute and State Board of Education rule. This system of school improvement and education accountability shall be consistent with, and implemented through, the district's continuing system of planning and budgeting required by this section and ss. 229.555 and 237.041. This system of school improvement and education accountability shall include, but not be limited to, the following:
(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).
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.--As amended by s. 4, ch. 97-190. Section 1, ch. 97-212, amended paragraphs (c) and (g) of subsection (5), effective July 1, 1998. Paragraphs (c) and (g) of subsection (5), as amended by s. 1, ch. 97-212, only, read:
History.--s. 423, ch. 19355, 1939; CGL 1940 Supp. 892(86); s. 1, ch. 26775, 1951; s. 1, ch. 29644, ss. 1-6, ch. 29746, s. 2, ch. 29754, s. 38, ch. 29764, 1955; s. 8, ch. 31380, 1956; s. 1, ch. 57-370; ss. 5, 6, ch. 57-249; s. 12, ch. 57-252; s. 24, ch. 57-1; s. 1, ch. 59-138; s. 1, ch. 59-339; s. 3, ch. 61-288; ss. 2-6, ch. 63-376; s. 1, ch. 65-56; ss. 23, 26, 27, ch. 65-239; s. 1, ch. 65-424; s. 1, ch. 67-413; ss. 3, 4, ch. 67-438; ss. 1-3, ch. 68-13; ss. 5, 6, ch. 68-24; s. 1, ch. 69-13; ss. 15, 19, 22, 35, ch. 69-106; s. 1, ch. 69-125; ss. 28, 30, ch. 69-216; s. 1, ch. 69-300; s. 1, ch. 69-374; s. 4, ch. 69-402; s. 1, ch. 70-189; s. 1, ch. 70-194; s. 1, ch. 70-399; s. 1, ch. 70-439; s. 4, ch. 71-164; s. 2, ch. 71-192; s. 2, ch. 71-193; s. 1, ch. 71-272; s. 59, ch. 71-355; s. 57, ch. 71-377; ss. 27-35, ch. 72-221; ss. 7, 8, ch. 73-338; s. 26, ch. 73-345; ss. 17, 18, ch. 74-227; s. 10, ch. 74-356; ss. 4, 26, ch. 75-284; s. 2, ch. 76-236; s. 1, ch. 78-94; s. 6, ch. 78-405; s. 15, ch. 78-423; s. 1, ch. 79-150; s. 1, ch. 79-151; s. 1, ch. 79-184; s. 1, ch. 79-256; ss. 1, 16, ch. 79-385; s. 1, ch. 80-118; s. 1, ch. 80-240; s. 4, ch. 80-295; s. 7, ch. 80-378; s. 1, ch. 81-94; s. 1, ch. 81-103; s. 1, ch. 81-197; s. 1, ch. 81-247; s. 134, ch. 81-259; s. 1, ch. 82-153; s. 8, ch. 83-324; s. 4, ch. 83-325; s. 1, ch. 84-109; s. 4, ch. 84-255; s. 65, ch. 84-336; s. 1, ch. 85-135; s. 1, ch. 86-77; s. 1, ch. 87-134; s. 1, ch. 87-163; s. 15, ch. 87-243; s. 2, ch. 87-284; s. 29, ch. 87-329; s. 1, ch. 88-27; ss. 1, 4, ch. 88-326; s. 1, ch. 89-166; s. 18, ch. 89-302; s. 1, ch. 90-31; s. 32, ch. 90-288; s. 58, ch. 90-360; ss. 1, 14, ch. 91-105; s. 14, ch. 91-283; s. 1, ch. 92-26; s. 2, ch. 92-130; s. 91, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 93-144; s. 4, ch. 93-198; s. 136, ch. 94-209; s. 14, ch. 94-292; s. 2, ch. 94-303; s. 1527, ch. 95-147; s. 1, ch. 95-162; s. 66, ch. 95-267; s. 30, ch. 95-269; s. 2, ch. 96-225; s. 2, ch. 96-246; s. 77, ch. 96-406; s. 46, ch. 96-410; ss. 4, 105, ch. 97-190; s. 1, ch. 97-212.