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The Florida School Code Revision. Kathy Mizereck K-20 Legislative Affairs Director John L. Winn Assistant Secretary Florida Board of Education. Requirement in Statute. SB1162 Section 10. Section 229.0072, Florida Statutes, is created to read: (4)…the Florida Board of Education shall:

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the florida school code revision

The Florida School Code Revision

Kathy Mizereck

K-20 Legislative Affairs Director

John L. Winn

Assistant Secretary

Florida Board of Education

requirement in statute
Requirement in Statute
  • SB1162
    • Section 10. Section 229.0072, Florida Statutes, is created to read:

(4)…the Florida Board of Education shall:

(n) Develop and recommend to the Education Governance Reorganization Transition Task Force, the Governor, the Secretary of the Florida Board of Education, the Commissioner of Education, and the Legislature, no later than January 1, 2002, for adoption during 2002, a clear, concise new School Code, comprised of the revision of chapters 228-246, to accomplish the implementation, administration, and operation of Florida’s seamless K-20 education system in accordance with the guidelines included in s. 229.001.

our chosen process
Our Chosen Process
  • Workgroup selected and appointed by Commissioner and Secretary
  • Guiding principles established
  • Proposed chapters established
  • Revision “homework” procedure created
  • Decision-making
  • Public outreach
workgroup members
Workgroup Members

Henry Brown III Teacher of the Year

Wayne Blanton Florida School Boards Association

Steve Wallace Florida Community College of Jacksonville

Ronald G. Meyer Practicing Attorney Specializing in Education

Patrick Heffernan Floridians for School Choice

Maureen Dinnen Florida Educators Association

Larry Keough Florida Catholic Conference (NonPublic K-12)

Pete Millett Teaching Hospitals

Mary Bennett Volusia County Schools

George Kirkpatrick Independent Colleges and Universities of Fl.

Joy Frank Florida Assoc. of District School Superintendents

Jeff Muir University of South Florida

Janet Owen University of North Florida

Brenda Dickinson Home Education Foundation

Doug Crawford Florida Assoc. of School Administrators

David Foy Florida Student Association

Debi Gallay Division of Colleges and Universities

R.E. LeMon Division of Colleges and Universities

Theresa Klebacha Division of Community Colleges

Syd McKenzie Division of Community Colleges

Kim McDougal Executive Office of the Governor

Jim Robinson Department of Education

Kathy Mizereck Department of Education **Facilitator

Asst. Secretary John Winn FBOE **Leader

workgroup schedule
Workgroup Schedule

Date Location Chapters

8/22 Tampa 228

9/4 Tallahassee 229-230

9/18 Jacksonville 231-232

10/2 Tallahassee 233-234

10/9 Tallahassee 235

10/16 Tallahassee 236-237

10/24 Tallahassee 238-239

10/31 Tallahassee 240

11/7 Tallahassee 240, 241-243

11/15 Tallahassee 244-246

11/29 Tallahassee Recap

guiding principles for the process
Reflect K-20 seamless education philosophy 

Reflect focus on students and learning 

Reduce overly prescriptive provisions 

Make chapters user-friendly 

Maintain statutory authority for state and local policy development

Guiding Principles for the Process
current chapters
228-Public Education: General Provisions

229-Functions of State Educational Agencies

230-District School System

231-Personnel of District School System

232-Compulsory School Attendance; Child Welfare

233-Courses of Study and Instructional Aids

234-Transportation of School Children

235-Educational Facilities

236-Finance and Taxation; Schools

237-Financial Accounts and Expenditures for Public Schools

238-Retirement System for School Teachers

239-Vocational, Adult, and Community Education

240-Postsecondary Education

241-Distance Learning

242-Specialized State Educational Institutions

243-Educational Institutions Law; Revenue Certificates

244-Educational Compacts

245-Disposition of Dead Bodies

246-Nonpublic Postsecondary Institutions

Current Chapters
proposed chapters
228 Rights, Choices and Education Excellence

General Provisions, Student and Parental Rights, School Choice, Independent Education

229 State Governance

Florida Board of Education, Commissioner of Education, Department of Education, CEPRI

230 Local Governance

District School Boards, Community College Boards,University Boards

231 Personnel

Public Schools, Community Colleges, Universities, Professional Development

232 Instruction, Research, and Service

Educational Programs (EdPro), Research and Service (R&S)

233 Support for Learning, Services, and Safety

Advising (Adv), Library (Lib), Educational Technology (Tech), Extracurricular Activities (Eca), Safety (Safe)

234 Operations of Education Institutions

235 Educational Facilities

236 Financial Matters

237 Planning and Budgeting

238 Student Learning and Assessment

239 Accountability

240 Access and Articulation (A & A); Financial Assistance (FA)

241 Retirement

Proposed Chapters
decision making
Decision-Making
  • Consensus
  • Subgroup Review and Recommendation
  • Bumping Substantive Issues to FBOE
workgroup subgroups
Workgroup Subgroups
  • “Public”
  • Definitions
  • Student Records and Rights
  • Performance Based Funding/Accountability
  • Articulation
public outreach
Public Outreach

To ensure that our process was accessible and user-friendly to all, an interactive feature to our website was added.

summary of efforts
Summary of Efforts
  • Public/private partnership discussions
  • Consolidation of articulation and accountability issues
  • Commitment to common goals
  • Close to 4,000 recommendations discussed in over 60 hours of meetings!
summary of proposed changes by category
Summary of Proposed Changes, by Category
  • As Is – The Secretary recommends that no changes be made to these sections of statute.
  • Technical Amendments – The Secretary recommends technical changes to these sections of statute in order to correct terminology, timelines, obsolete dates, or outdated provisions.
  • Eliminates – The Secretary recommends that these sections of statute be eliminated in order to delete obsolete, unfunded, or outdated provisions.
summary of proposed changes by category cont
Summary of Proposed Changes, by Category (cont.)
  • Amendments – The Secretary recommends amending these sections of statute in order to meet the principles of student-centered, seamless, user-friendly, less prescriptive, and sufficient statutory authority.
  • Secretary’s Revisions to consensus recommendations from the workgroup.
  • Bumps – The Secretary recommends the Board discuss these sections of statute.
summary issues
Summary Issues
  • Florida Board of Education Powers and Duties
  • Summary of Student Issues
  • Summary of Diversity Issues
  • CEPRI Duties and Changes
  • Chapter 246
  • Summary of Accountability Issues
powers and duties of the fboe
Powers and Duties of the FBOE
  • Recommendation: Consolidate powers and duties of the State Board of Education with the powers and duties of the Florida Board.
discussion of issues
Discussion of Issues
  • Order of priority:
    • Bumps
    • Requested Amends
    • Other Substantive Issues
slide19
228.05700

Public School Parental Choice. Requires districts to develop a parental choice plan and report annually the number of students applying for and attending schools of choice in the district. Does not mandate a level of choice.

School districts believe mandating open enrollment will be financially impractical for many districts as they require massive changes in transportation that require additional funding. The Secretary supports open enrollment and competition among schools, but recommends that district-wide public school choice not be mandated in a time of budget reductions. The DOE Choice Office should continue to monitor district implementation of choice plans and provide leadership and assistance to expand choice options for families and their children.

BUMPS

slide20
228.05800

Charter School District Pilot Program. The State Board may authorize up to six charter districts. Currently there are two, Volusia and Hillsborough.

The Secretary recommends that charter district pilot programs not be expanded statewide until a formal evaluation of their impact on school improvement and student achievement is conducted and reported to the Florida Board and Legislature.

BUMPS

slide21
229.00000

Powers and duties of the State Board of Education; Powers and duties of the Florida Board of Education.

The Secretary requests the Board’s authorization to work with Legislative leaders to provide a range of enforcement powers available to the Board to enforce compliance with Florida Law.

BUMPS

slide22
229.00310

Council for Education Policy Research and Improvement.

The Secretary recommends that the FBOE and CEPRI board discuss/seek resolution to duplication and overlapping duties, such as master planning and strategic planning, as well as ensure that former administrative duties of PEPC are transferred to the Articulation Coordinating Committee or the DOE as appropriate. A summary report is to be provided to the Board at the upcoming workshop.

BUMPS

slide23
229.00810

Powers and duties of university boards of trustees. Currently gives UBOTs the authority to set tuition and fees within limits of the General Appropriations Act. Fees are capped at 40% of tuition and fees and limited to an annual five percent increase unless otherwise provided.

The Secretary recommends that the FBOE consider recommendations of a special committee of presidents that has been formed to review and propose a solution to issues limiting tuition flexibility, such as Bright Futures, Prepaid Tuition, and need-based financial aid. This proposal should be considered during the January Board meeting. Until a satisfactory solution has been designed, the Secretary's recommendation is to leave the current law as is.

BUMPS

slide24
231.54500

Education Standards Commission; organization. The Education Standards Commission is a standing commission of 24 members that meets regularly to study and make recommendations on preservice education, professional standards, inservice training, alternative certification and statewide critical teacher shortages.

The Secretary recommends that the statutory provision on composition and duties of the commission be removed and the FBOE powers and duties be amended to require inclusion of an advisory council to make recommendations on professional certification standards, preservice program standards and inservice training standards. The Secretary shall make appointments and the council shall meet and conduct studies and reports as required by the Florida Board and Legislature. Principles of broad participation and diversity should be maintained in the appointment of such advisory councils.

BUMPS

slide25
231.54600

Education Standards Commission; powers and duties.

The Secretary recommends that the statutory provision on composition and duties of the commission be removed and the FBOE powers and duties be amended to require inclusion of an advisory council to make recommendations on professional certification standards, preservice program standards and inservice training standards. The Secretary shall make appointments and the council shall meet and conduct studies and reports as required by the Florida Board and Legislature. Principles of broad participation and diversity should be maintained in the appointment of such advisory councils.

BUMPS

slide26
232.24600

General requirements for high school graduation.

The Secretary recommends discussion of Florida's high school graduation requirements and the recommendations of the Division of Public Schools and Community Education be considered in seeking to improve college readiness and options to improve the seamless articulation of high school students into postsecondary education. This issue should become a part of the strategic planning effort to remove barriers to seamless articulation K-20.

BUMPS

slide27
233.06100

Required instruction. Specifies areas of instruction critically important to the foundation of our nation and form of government. Also includes historical events such as the Holocaust and contributions of major groups to our history.

The Secretary recommends that all required instruction remain as is in current statute.

BUMPS

slide28
233.22000

Requisition of instructional materials from publisher’s depository. Requires school districts to purchase materials in the first two years after adoption with exceptions.

This issue reflects the Legislature's interest in students having up-to-date textbooks. Given that the adoption process is rotated over a six year cycle, districts should be able to comply with the two year requirement. The impact of instructional materials on student learning is second only to that of the teacher. The Secretary recommends that the provision stand as is.

BUMPS

slide29
235.21570

Small school requirement. Beginning with schools under construction contract after July 1, 2003, the state imposes a limit on the number of students for which a school is built.

The Secretary strongly supports building smaller schools and believes that Florida's public schools are too large. The Secretary suggests that CEPRI conduct a study of the impact of this requirement on school districts and the potential benefits to students. The Board should support this provision unless compelling data is provided that it produces a negative impact on students and student learning.

BUMPS

slide30
236.08100

Funds for operation of schools. Capping policies limit funding based on school district projections of student enrollment in education programs.

Capping policies are important mechanisms to control expenditures within appropriation limits and cannot be considered outside a comprehensive study of the FEFP. The Secretary recommends this issue be addressed in the FEFP task force study. The Florida Board should review the recommendations of the task force before acting. Until then, the Secretary's recommendation is to leave the current statute as is in the school code revision.

BUMPS

slide31
236.08102

School district minimum classroom expenditure requirements. This section provides authorization for the Legislature in the General Appropriations Act to require school districts to shift funds to classroom operations if certain performance measures are not met. These measures are established annually in the Appropriations Act.

The Secretary supports that a maximum amount of funds should be provided to schools to facilitate and support classroom instruction. State policies overriding local decisions should be grounded in the A+ Plan accountability system and be consistent with these standards. The Secretary recommends that the FBOE be authorized to enact standards in rule, rather than relying on standards enacted each year in the General Appropriations Act.

BUMPS

slide32
236.08103

Equity in School-Level Funding Act. This section requires school districts to annually increase the percent of FEFP funds that are allocated to schools up to 90% in school year 2003-2004.

This provision is designated to ensure that funds equitably distributed to school districts are used to support basic education services to students who generate the funding. It addresses basic FEFP funding while providing flexibility to move resources to areas of greatest need. The Secretary supports this provision and suggests that the Legislature consider amending current law to reflect changes in funding services for exceptional education students.

BUMPS

slide33
239.11700

Workforce development postsecondary student fees.

Community college presidents and the division of workforce development have requested that specific fee amounts be removed from statute and a cap of 20% be invoked. There are differences in the fee structure between workforce and college credit fees, which sometimes results in students enrolled in the same course paying under different fee structures. The Secretary supports this recommendation as a way for local boards to direct fees to meet local needs. This change would provide for the same fee structure for both workforce and college-credit programs. Fee amounts must be set by the local boards and communicated to students.

BUMPS

slide34
240.26010

State University System Facility Enhancement Challenge Grant Program. Provides for the Alec P. Courtelis Capital Facilities Matching Trust Fund to be used to match private contribution with state funds for the purpose of enhancing resources to meet construction needs. Projects must be on the university's five year capital improvement plan.

The Secretary’s recommendation is pending further study.

BUMPS

slide35
240.26050

Trust Fund for Major Gifts. This section specifies the process for allocating appropriated funds designed to match major contributions of $100,000 and above.

The Secretary’s recommendation is pending further study.

BUMPS

slide36
240.35000

Student fees. This section specifies local fees for community colleges and sets amounts.

Community college presidents have requested that specific fee amounts be removed from statute and a cap of 20% be invoked. Fees currently average 19% of the total cost of tuition and fees. The Secretary supports this recommendation as a way for institutions to direct fees to meet local needs. Fee amounts must be set by the boards of trustees and communicated to students.

BUMPS

slide37
240.60500

**The William L. Boyd, IV, Florida Resident Access Grant

The Secretary recommends that this issue be discussed within a comprehensive discussion of financial aid and tuition.

BUMPS

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