Scenario – Practical Applications of School Law JESSAMY GUERRERO

Objective:  Create a scenario that identifies and applies the statutory powers and duties of the Florida Board of Education, Florida Commissioner of Education, local (district) school boards, superintendents, and principals.

Florida Board of Education  The Florida Board of Education shall serve as the body corporate for Florida's K-20 education system; implement the coordinated education vision; and, together with the Secretary of the Florida Board of Education, the commissioner, the chancellors, and the executive director, oversee the success of that vision.  The Florida Board of Education shall:  1. Enforce system wide education policies and goals.  2. Recommend annually the coordinated education budget and authorize the allocation of resources in accordance with law and rule. Any program recommended by the Florida Board of Education which requires state funding for more than 1 year must be presented in a multiyear budget plan.  3. Adopt long-term and short-term education plans, including a coordinated 5-year plan for postsecondary enrollment which the board shall submit annually to the Legislature and shall review periodically for adjustment.

Florida Board of Education  4. Adopt university plans designed to achieve continued student diversity in undergraduate, graduate, and professional programs.  5. Enforce education accountability standards and measures of all components of the K-20 education system.  6. Accurately and continuously assess data and monitor and report performance.  7. Provide high-quality assistance and intervention when and where needed.  8. Provide timely and accurate information on all public and independent education services.  9. Recommend to the Legislature the missions of the public schools, colleges and universities and community colleges.

Florida Commissioner of Education  Commissioner of Education; general powers and duties.—  (1) The chief educational officer of the state and the sole custodian of the K-20 data warehouse.  Responsible for giving full assistance to the State Board of Education in enforcing compliance with the mission and goals of the K-20 education system except for the State University System.  (2) The commissioner’s office shall operate all statewide functions necessary to support the State Board of Education  Strategic planning and budget development  General administration, assessment and accountability  (3) To facilitate innovative practices and to allow local selection of educational methods. Waive SBE rules relating to district school board instruction excepts rules pertaining to civil rights, student health, safety and welfare. Permission granted by SBE.

Florida Commissioner of Education  (4) The Department of Education shall provide technical assistance to school districts, charter schools, the Florida School for the Deaf and the Blind, and private schools that accept scholarship students.  (5) The Department of Education shall provide authorized staff of school districts, charter schools, the Florida School for the Deaf and the Blind, and private schools that accept scholarship students.

Local (District) School Boards  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.  (2) CONTROL PROPERTY  (3) ADOPT SCHOOL PROGRAM.  (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS.  (5) PERSONNEL  (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL PERSONNEL AND SCHOOL ADMINISTRATORS.

Local (District) School Boards  (7) DISQUALIFICATION FROM EMPLOYMENT  (8) STUDENT WELFARE  (9) COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS  (10) TRANSPORTATION OF STUDENTS  (11) SCHOOL PLANT  (12) FINANCE  (13) RECORDS AND REPORTS  (14) COOPERATION WITH OTHER DISTRICT SCHOOL BOARDS  (15) ENFORCEMENT OF LAW AND RULES

Local (District) School Boards  (16) SCHOOL LUNCH PROGRAM  (17) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT PROGRAM.  (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.  (19) LOCAL-LEVEL DECISIONMAKING  (20) OPPORTUNITY SCHOLARSHIPS  (21) AUTHORITY TO DECLARE AN EMERGENCY  (22) SCHOOL-WITHIN-A-SCHOOL  (23) FLORIDA VIRTUAL SCHOOL  (24) EMPLOYMENT CONTRACTS  (25) INTERLOCAL AGREEMENTS  (26) ADOPT RULES

Superintendents  General powers of district school superintendent.—The district school superintendent shall have the authority, and when necessary for the more efficient and adequate operation of the district school system, the district school superintendent shall exercise the following powers:  (1) GENERAL OVERSIGHT  (2) ADVISE, COUNSEL, AND RECOMMEND TO DISTRICT SCHOOL BOARD  (4) RECOMMEND AND EXECUTE RULES  (5) RECOMMEND AND EXECUTE MINIMUM STANDARDS  (6) PERFORM DUTIES AND EXERCISE RESPONSIBILITIES

SUPERINTENDENT DUTIES AND RESPONSIBLITIES  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.  (1) ASSIST IN ORGANIZATION OF DISTRICT SCHOOL BOARD  (2) REGULAR AND SPECIAL MEETINGS OF THE DISTRICT SCHOOL BOARD  (3) RECORDS FOR THE DISTRICT SCHOOL BOARD  (4) SCHOOL PROPERTY

SUPERINTENDENT DUTIES AND RESPONSIBLITIES  (5) SCHOOL PROGRAM; PREPARE PLANS  (6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS, CLASSES, AND SERVICES  (7) PERSONNEL  (8) COURSES OF STUDY AND OTHER INSTRUCTIONAL AIDS  (9) TRANSPORTATION OF STUDENTS  (10) SCHOOL PLANT

SUPERINTENDENT DUTIES AND RESPONSIBLITIES  (11) FINANCE  (12) RECORDS AND REPORTS  (13) COOPERATION WITH OTHER AGENCIES  (14) ENFORCEMENT OF LAWS AND RULES  (15) COOPERATE WITH DISTRICT SCHOOL BOARD  (16) VISITATION OF SCHOOLS  (17) CONFERENCES, INSTITUTES, AND STUDY COURSES  (18) PROFESSIONAL AND GENERAL IMPROVEMENT  (19) RECOMMEND REVOKING CERTIFICATES

SUPERINTENDENT DUTIES AND RESPONSIBLITIES  (20) MAKE RECORDS AVAILABLE TO SUCCESSOR  (21) RECOMMEND PROCEDURES FOR INFORMING GENERAL PUBLIC  (22) SCHOOL IMPROVEMENT AND ACCOUNTABILITY  (23) PARENTAL INVOLVEMENT  (24) ORDERLY CLASSROOMS AND SCHOOL BUSES  (25) OTHER DUTIES AND RESPONSIBILITIES

Principal  Duties of school principals.—  (1)(a) A district school board shall employ, through written contract, public school principals.  (b) The school principal has authority over school district personnel in accordance with s  (c) The school principal shall fully support the authority of each teacher and school bus driver to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and, when appropriate and available, place such students in an alternative educational setting.  (2) Each school principal shall provide instructional leadership in the development, revision, and implementation of a school improvement plan pursuant to s (18).

Principal  (3) Each school principal must make the necessary provisions to ensure that all school reports are accurate and timely, and must provide the necessary training opportunities for staff to accurately report attendance, FTE program participation, student performance, teacher appraisal, and school safety and discipline data.  (4) Each school principal is responsible for the management and care of instructional materials, in accordance with the provisions of chapter  (5) Each school principal shall fully support and cooperate in the implementation of s

Scenario  A principal at Pass Law Elementary, has noticed reading scores dropping slightly each year. In order to improve these scores, the principal has instructed teachers for all grade levels to assign mandatory readings over the summer break.  Does the principals has the statutory power to do this? Does he/she need approve from the school board?

Case  Larson v. Burmaster  The Wisconsin court of appeals easily concluded that assignment of summer homework could be undertaken by an instructor rather than the school board.

DISCUSSION TIME  1) What statutory powers currently delegated to the State Board of Education do you believe should be at the district or school level?  2) If you were a Commissioner, what issue or concern would you want to present to the Board to Education to have implemented?  3) As a superintendent, what recommendations would you suggest to the District School board?