s. 220.34 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.041

2. The amount, if any, of the installment paid on or before the last date prescribed for payment.

(c) The period of the underpayment for which inter­est and penalties apply shall commence on the date the installment was required to be paid, determined without regard to any extensions of time, and shall terminate on the earlier of the following dates:

1. The first day of the fourth month following the close of the taxable year; or

2. With respect to any portion of the underpayment, the date on which such portion is paid.

For purposes of this paragraph, a payment of estimated tax on any installment date shall be considered a pay­ment of any previous underpayment only to the extent such payment exceeds the amount of the installment determined under subparagraph (b)1 . for such install­ment date.

(d) No penalty or interest for underpayment of any installment of estimated tax may be imposed if the total amount of all such payments made on or before the last date prescribed for the payment of such installment equals or exceeds the amount which would have been required to be paid on or before such date if the esti­mated tax were the lesser amount of:

1. An amount equal to the tax computed at the rates applicable to the taxable year, but otherwise on the basis of the facts shown on the return for, and the law applicable to, the preceding taxable year; or

2. An amount equal to 90 percent of the tax finally due for the taxable year.

(e) For purposes of paragraphs (b) and (d), the term "tax" means the excess of the tax imposed by this code over all amounts properly credited against such tax for the taxable year.

(f) The application of this subsection to taxable years of less than 12 months shall be in accordance with regulations prescribed by the department.

(3) The department may provide by regulation for a credit against estimated taxes for any taxable year of any amount determined by the taxpayer or by the department to be an overpayment of the tax imposed by this code for a preceding taxable year.

History.- ···s. 1, ch. 71-984; s. 15, ch. 83-297; s. 16, ch. 86-152; s. 35, ch. 96-397.

PART VI

MISCELLANEOUS

220.53 Adoption of ss. 213.06 and 213.21.

220.53 Adoption of ss. 213.06 and 213.21.­[Repealed bys. 35, ch. 96-397.]

PART VIII

ADMINISTRATIVE PROCEDURES AND JUDICIAL REVIEW

220.729 Books and records.

220.729 Books and records.-(Repealed by s. 35, ch. 96-397.)

PART IX

PENALTIES, INTEREST, AND ENFORCEMENT

220.811 Settlement or compromise of interest.

220.811 Settlement or compromise of interest.­[Repealed by s. 35, ch. 96-397.)

CHAPTER 228

PUBLIC EDUCATION: GENERAL PROVISIONS

228.041 Definitions. 228.055 Regional autism centers. 228.056 Charter schools. 228.057 Public school parental choice. 228.093 Pupil and student records and reports; rights

of parents, guardians, pupils, and students; notification; penalty.

228.502 The Education Success Incentive Program.

228.041 Definitions.-Specific definitions shall be as follows, and wherever such defined words or terms are used in the Florida School Code, they shall be used as follows:

(1) STATE SYSTEM OF PUBLIC EDUCATION.-The state system of public education shall consist of such publicly supported and controlled schools, institutions of higher education, other educational institutions, and other educational services as may be provided or authorized by the Constitution and laws of this state.

(a) Public schoo/s.-The public schools shall con­sist of kindergarten classes; elementary and secondary school grades and special classes; adult, part- time, vocational, and evening schools, courses, or classes authorized by law to be operated under the control of school boards; and developmental research schools to be operated under the control of the State University System.

(b) Community co//eges.-Community colleges shall consist of all educational institutions which are operated by local community college district boards of trustees under specific authority and regulations of the State Board of Education and which offer courses and programs of general and academic education parallel to that of the first and second years of work in institutions in the State University System, of 1career education, and of adult continuing education.

(c) Institutions of higher education.-The institu­tions of higher education shall consist of all state­supported educational institutions offering work above the public school level, other than community colleges, that are authorized and established by law, together with alt activities and services authorized by law to be administered by or through each of those institutions.

(d) Other educational institutions.- Other state­supported institutions primarily of an educational nature shall be considered parts of the state system of public education. The educational functions of other state­supported institutions which are not primarily of an edu-

598

s. 228.041 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.041

cational nature but which have specific educational responsibilities shall be considered responsibilities belonging to the state system of public education.

(e) Other educational services.-Other educational services shall include health services and such special services and functions as may be authorized by law or by regulations of the state board as prescribed by law and as are considered necessary to improve, promote, and protect the adequacy and efficiency of the state system of public education.

(f) Florida School for the Deaf and the Blind.-The Florida School for the Deaf and the Blind is a part of the state system of education.

(2) DISTRICT SCHOOL SYSTEM.-A district school system is a part of the state system of public education and shall consist of all schools, courses, agencies, and services under the control of a school board.

(3) SCHOOL DISTRICT.-A school district is a dis­trict created and existing pursuant to s. 4, Art. IX of the State Constitution.

(4) SCHOOL DISTRICT MILLAGE ELECTION.-A school district millage election is the election which may be held at any time for the purpose of voting the school district tax levy, except that not more than one election shall be held during any 12-month period.

(5) SCHOOL-A school is an organization of pupils for instructional purposes on an elementary, secondary, or other public school level, approved under regulations of the state board.

(6) SCHOOL CENTER.-A school center is a place of location of any school or schools on the same or on adjacent sites or on a site under the control of the princi­pal and within a reasonable distance of the main center as prescribed by regulations of the State Board of Edu­cation.

(7) SCHOOL PLANT.-A school plant includes all physical features incident to or necessary to accommo­date pupils and teachers and the activities of the educa­tional program of each school center. It includes site, playgrounds and equipment, athletic field, the school building or buildings with all their mechanical and edu­cational equipment, gymnasiums, vocational buildings, bus sheds, teachers' homes, and other equipment wher­ever located necessary to provide an adequate school program.

(8) SCHOOL OFFICERS.-The officers of the state system of public education shall be the Commissioner of Education and the members of the State Board of Education; and, for each district school system, the offi­cers shall be the superintendent of schools and mem­bers of the school board.

(9) INSTRUCTIONAL PERSONNEL.-"lnstructional personnel" means any staff member whose function includes the provision of direct instructional services to students. Instructional personnel also includes person­nel whose functions provide direct support in the learn­ing process of students. Included in the classification of instructional personnel are:

(a) Classroom teachers.-Classroom teachers are staff members assigned the professional activity of instructing students in courses in classroom situations. including basic instruction, exceptional student educa­tion, and vocational-technical and adult education, including substitute teachers.

(b) Pupil personnel services.-Pupil personnel ser­vices include staff members responsible for: advising students with regard to their abilities and aptitudes, educational and occupational opportunities. and per­sonal and social adjustments; providing placement ser­vices; performing educational evaluations; and similar functions. Included in this classification are guidance counselors, social workers, occupational/placement specialists, and school psychologists.

(c) Librarians/media specia/ists.-Librarians/media specialists are staff members responsible for providing school library media services. These employees are responsible for evaluating, selecting, organizing, and managing media and technology resources, equipment. and related systems; facilitating access to information resources beyond the school; working with teachers to make resources available in the instructional programs; assisting teachers and students in media productions; and instructing students in the location and use of infor­mation resources.

(d) Other instructional staff.-Other instructional staff are staff members who are part of the instructional staff but are not classified in one of the categories speci­fied in paragraphs (a) through (c). Included in this classi­fication are primary specialists, learning resource spe­cialists, instructional trainers, and similar positions.

(e) Instructional aides.-lnstructional aides are indi­viduals who are under the direct supervision of an instructional staff member, aiding the instructional proc­ess. Included in this classification are classroom aides in regular instruction, exceptional education aides, career education aides, adult education aides, library aides, physical education and playground aides, and other school-level aides and paraprofessionals.

(10) ADMINISTRATIVE PERSONNEL.-"Administra­tive personnel" includes personnel who perform man­agement activities such as developing broad policies for the school district and executing those policies through the direction of personnel at all levels within the district. Administrative personnel are generally high-level, responsible personnel who have been assigned the responsibilities of systemwide or schoolwide functions, such as superintendents, assistant superintendents, deputy superintendents, principals, assistant principals, vocational center directors, and others who perform management activities. Broad classifications of adminis­trative personnel are as follows:

(a) District-based instructional administrators.­Included in this classification are persons with district­level administrative or policymaking duties who have broad authority for management policies and general school district operations related to the instructional pro­gram. Such personnel often report directly to the super­intendent and supervise other administrative employ­ees. This classification includes assistant, associate, or deputy superintendents and directors of major instruc­tional areas. such as curriculum, federal programs such as Title I, specialized instructional program areas such as exceptional student education, career education, and similar areas.

(b) District-based noninstructional administrators. Included in this classification are persons with district­level administrative or policymaking duties who have

599

s. 228.041 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.041

broad authority for management policies and general school district operations related to the noninstructional program. Such personnel often report directly to the superintendent and supervise other administrative employees. This classification includes assistant, asso­ciate, or deputy superintendents and directors of major noninstructional areas, such as personnel, construction, facilities, transportation, data processing, and finance.

(c) School administrators.-lncluded in this classifi­cation are:

1. Principals or school directors who are staff mem-bers performing the assigned activities as the adminis­trative head of a school and to whom have been dele­gated responsibility for the coordination and administra­tive direction of the instructional and noninstructional activities of the school. This classification also includes vocational center directors.

2. Assistant principals who are staff members assisting the administrative head of the school. This classification also includes assistant principals for cur­riculum and administration.

(11) PARENT AND SCHOOL PA TRON.-The terms "parent" and "school patron" shall be interpreted to refer to either or both parents, to any guardian, or to any per­son who is in a parental relationship to a child or who is exercising supervisory authority in place of a parent over a child of public school age.

(12) SCHOOL GRADE.-A school grade is one of the divisions or sections of the public school program which represents the work of a school year.

(13) SCHOOL DAY.-A school day for any group of students is that portion of the day in which school is actually in session and shall comprise not less than 5 net hours, excluding intermissions, for all grades above the third; not less than 4 net hours for the first three grades; and not less than 3 net hours for kindergarten or prekindergarten students with disabilities, or the equiva­lent as calculated on a weekly basis. The net hours specified in this subsection shall consist only of instruc­tion in an approved course of study and shall exclude all noninstructional activities as defined by rules of the State Board of Education. Three of the last days of the 90-day term, and of the 180-day term, may be desig­nated by the district school board as final examination days for secondary school students. These final exami­nation days shall consist of no less than 4 net hours, excluding intermissions. The minimum length of the school day herein specified may be decreased under rules which shall be adopted by the state board for dou­ble session schools or programs, experimental schools, or schools operating under emergency conditions.

(14) SCHOOL HOLIDAY.-A school holiday is a legal or other prescribed holiday falling on a regular school day during which schools are authorized in accordance with regulations of the state board not to be in session.

(15) SCHOOL VACATION PERIOD.-That period of the school year beginning on or before December 24 and continuing for a period of time to be fixed by the school board, which shall include January 1, shall be set apart as a vacation period, and during that time schools shall not be in session; and that time shall not be consid­ered a part of the school month. Any period when schools are not in session between the end of one

school year and the beginning of the next school year shall also be considered a school vacation period.

(16) SCHOOL YEAR.-The school year shall com­prise the period during which the schools are regularly in session for the minimum number of 180 days of instruction or the equivalent on an hourly basis for pupils as specified by regulations of the state board for pupils plus periods for preschool and postschool1 conference~ as approved under regulations of the state board. A dis­trict school board may decrease the minimum number of days of instruction by up to 4 days for 12th grade pupils for purposes of graduation without proportionate reduction in funding.

(17) SCHOOL FISCAL YEAR.-The school fiscal year shall begin on July 1 and shall end at the close of June 30 in each and every year.

(18) EXCEPTIONAL STUDENT.-The term "excep­tional student" means any child or youth who has been determined eligible for a special program in accordance with State Board of Education Rules. The term "exceptional students" includes students who are gifted and students with disabilities who are mentally handi­capped, speech and language impaired, deaf or hard of hearing, visually impaired, dual sensory impaired, physi­cally impaired, emotionally handicapped, specific learn­ing disabled, hospital and homebound, autistic, developmentally delayed children, ages birth through 5 years, or children with established conditions, ages birth through 2 years.

(19) SPECIAL EDUCATION SERVICES.-The term "special education services" means instruction and such related services as are necessary for the student to ben­efit from education. Such services may include: trans­portation; diagnostic and evaluation services; social ser­vices; physical and occupational therapy; job place­ment; orientation and mobility training; braillists, typists, and readers for the blind; interpreters and auditory amplification; 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 regulations of the state board.

(20) YEAR OF SERVICE.-The minimum time which may be recognized in administering the state program of education, not including retirement, as a year of ser­vice by a school employee shall be full-time actual ser­vice; and, beginning July 1963, such service shall also include sick leave and holidays for which compensation was received but shall exclude all other types of leave and holidays for a total of more than one-half of the num­ber of days required for the normal contractual period of service for the position held, which shall be 196 days or longer, or the minimum required for the district to partici­pate in the Florida Education Finance Program in the year service was rendered, or the equivalent for service performed on a daily or hourly basis; provided, further, that absence from duty after the date of beginning ser­vice shall be covered by leave duly authorized and granted; further, the school board shall have authority to establish a different minimum for local district school purposes.

600

s. 228.041 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.041

(21) COMMUNITY COLLEGE DISTRICT.-A commu­nity college district is a part of the state system of public education. It shall consist of such centers, courses, and services as are authorized by the State Board of Educa­tion under control of the district board of trustees.

(22) 1CAREER EDUCATION.-(a) 1"Career education" is defined as meaning that

instruction not necessarily leading to a baccalaureate degree, either graded or ungraded, listed below:

1. Job-preparatory instruction in the minimum competencies necessary for effective entry into an occupation, including diversified cooperative education, work experience, and job entry programs which coordi­nate directed study and on-the-job training;

2. Exploratory courses designed to give students initial exposure to the skills and aptitudes associated with a broad range of occupations in order to assist them in making informed decisions regarding their future academic and occupational goals;

3. Supplemental programs designed to enable per­sons who are or have been employed in an occupation to upgrade their competencies in order to reenter or maintain employment or advance within their current occupation;

4. Practical arts courses designed to teach stu­dents practical generic skills which, though applicable to some occupations, are not designed to prepare stu­dents for entry into a specific occupation. Such courses may include, but may not be limited to, typing, industrial arts, and home economics; or

5. Instruction which integrates the basic academic skills and vocational skills.

(b) 1"Career education" programs: 1. Should have social and economic value for every

student by leading to a successful career. 2. Should assist students in establishing life goals,

making decisions about their future, and beginning the process of implementing such goals.

3. Should enhance productivity and student earn-in gs.

4. Are essential for economic development and for producing better prepared students for a changing workforce.

5. Shall provide equal access for exceptional stu-dents and for students who have limited English profi­ciency, or who are educationally or economically disad­vantaged.

(23) TEACHER AIDE.-A teacher aide is any paid person appointed by a school board to assist members of the instructional staff in carrying out their instructional or professional duties and responsibilities.

(24) SCHOOL VOLUNTEER-A school volunteer is any nonpaid person who may be appointed by a school board or its designee. School volunteers may include, but may not be limited to, parents, senior citizens, stu­dents, and others who assist the teacher or other mem­bers of the school staff.

(25) SUSPENSION.-(a) Suspension, also referred to as out-of-school

suspension, is 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.

601

(b) In-school suspension is the temporary removal of a student from the student's regular school program and placement in an alternative program, such as that provided ins. 230.2316, under the supervision of school district personnel, for a period not to exceed 10 school days.

(26) EXPULSION.-Expulsion is the removal of the right and obligation of a student to attend a public school under conditions set by the 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.

(27) CORPORAL PUNISHMENT.-Corporal punish­ment is 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.

(28) HABITUAL TRUANT.-A habitual truant is a stu­dent who has 15 unexcused absences within 90 days with or without the knowledge or consent of the stu­dent's parent or legal guardian and who is not exempt from attendance by virtue of being over the age of com­pulsory school attendance, by meeting the criteria in s. 232.06 or s. 232.09, 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. 232.17 and 232.19, 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 39.

(29) DROPOUT. -A dropout is a student over the age of compulsory school attendance, as defined in s. 232.01, 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 entrance into the military, 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 vocational, adult, 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. 322.0601, 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.

s. 228.041 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.041

Students not exempt from attendance pursuant to s. 232.06 and under the age of compulsory school attend­ance who stop attending school shall be known as habit­ual truants as defined in subsection (28) and are not to be considered dropouts. The State Board of Education may adopt rules to implement the provisions of this sub­section.

(30) ALTERNATIVE MEASURES FOR STUDENTS WITH SPECIAL NEEDS.-Alternative measures for stu­dents with special needs are measures designed to meet the special needs of a student that cannot be met by regular school curricula, including, but not limited to, student services, parent conferences, physical exami­nations, remedial techniques, educational alternatives, and properly supervised activities relating to the upkeep and maintenance of school facilities, notwithstanding the provisions of chapter 450 to the contrary.

(31) SCHOOL DISTRICT AD VALOREM MILLAGE.­School district millage shall be defined as provided in s. 200.001 (3).

(32) MATRICULATION FEE.-The basic fee charged to a student for instruction provided by a public postsec­ondary educational institution in this state. A charge for any other purpose shall not be included within this fee.

(33) TUITION.-The additional fee for instruction pro­vided by a public postsecondary educational institution in this state, which fee is charged to a non-Florida stu­dent as defined in rules of the State Board of Education, the State Board of Community Colleges, or the Board of Regents. A charge for any other purpose shall not be included within this fee.

(34) HOME EDUCATION PROGRAM.-A home edu­cation program is sequentially progressive instruction of a student in his or her home by his or her parent or guardian in order to satisfy the requirements of s. 232.01.

(35) LIFELONG LEARNING.-Lifelong learning is a noncredit course or activity offered by a school district or community college that seeks to address community social and economic issues related to health and human relations, government, parenting, consumer economics, and senior citizens. The course or activity must have specific expected outcomes that relate to one or more of these areas and shall be listed in the State Course Code Directory.

(36) HOMELESS CHILD.-A homeless child is one whose primary nighttime residence is in a supervised publicly or privately operated shelter for temporary accommodations or in a public or private place not des­ignated for, or ordinarily used for, continuing human hab­itation.

(37) PERFORMANCE STANDARD.-The term "performance standard" means a measurable objective that specifies an outcome at the school level which ful­fills or partially fulfills a goal.

(38) YEAR-ROUND SCHOOL.-The term "year­round school" means a school where each student receives at least 180 days of instruction as provided for in subsection (16); however, rather than attending school for 8 or 9 consecutive months with consecutive months for vacation or beyond 180-day school year instructional periods, students are offered educational opportunities over an 11-month or 12-month period,

with shorter, staggered vacation periods or beyond 180-day school year instructional periods throughout the year.

(39) EDUCATIONAL SUPPORT EMPLOYEES.~ "Educational support employees" means employees whose job functions are neither administrative nor instructional, yet whose work supports the educational process.

(a) Other professional staff or nonadministrative/ noninstructional employees are staff members who per­form professional job functions which are nonadminis­trative/noninstructional in nature and who are not other­wise classified in this section. Included in this classifica­tion are employees such as doctors, nurses, attorneys, certified public accountants, and others appropriate to the classification.

(b) Technicians are individuals whose occupations require a combination of knowledge and manual skill which can be obtained through about 2 years of post­high school education, such as is offered in many techni­cal institutes and community colleges, or through equiv­alent on-the-job training.

(c) Clerical/secretarial workers are individuals whose job requires skills and training in clerical-type work, including activities such as preparing, transcrib­ing, systematizing, or preserving written communica­tions and reports or operating equipment performing those functions. Included in this classification are secre­taries, bookkeepers, messengers, and office machine operators.

(d) Skilled crafts workers are individuals who per­form jobs which require special manual skill and a thor­ough and comprehensive knowledge of the processes involved in the work which is acquired through on-the­job training and experience or through apprenticeship or other formal training programs. Lead workers for the var­ious skilled crafts areas shall be included in this classifi­cation.

(e) Service workers are staff members performing a service for which there are no formal qualifications, including those responsible for: cleaning the buildings, school plants, or supporting facilities; maintenance and operation of such equipment as heating and ventilation systems; preserving the security of school property; and keeping the school plant safe for occupancy and use. Lead workers in the various service areas shall be included in this broad classification.

(40) MANAGERS.-"Managers" includes those staff members who perform managerial and supervisory func­tions while usually also performing general operations functions. Managers may be either instructional or non­instructional in their responsibility. They may direct employees' work, plan the work schedule, control the flow and distribution of work or materials, train employ­ees, handle complaints, authorize payments, and appraise productivity and efficiency of employees. This classification includes coordinators and supervisors working under the general direction of those staff identi­fied as district-based instructional or noninstructional administrators.

Hlstory.-s. ch. 19203, 1939; CGL 892(216); s. 46, ch. 23726, 1947; s. 4. ch. 29764, 1955; SS. ch. 57-217; SS. 1, 2, ch. 59-371; s. 1, ch. 61-288; S. 1, ch. 63-495; s. 1. ch. s. 1. ch. 65-183; ss. 1. 2, 13, ch. 65-239; s. 1, ch. 6.5-506; s. 1, ch. 67-387; s. 1, 67-438; ss. 1, 2. 3, ch. 68-5; ss. 1, 10, ch. 68-24; s. 1, ch.

602

s. 228.041 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.056

69-171; s. 29, ch. 69-216: s. 1, ch. 69-300: s. 7, ch. 69-344: ss. 1, 17, ch. 69-402: s. 1, ch. 70-193: s. 1, ch. 71-76; s. 1, ch. 71-95: s. 1, ch. 71-162; s. 1, ch. 71-164: s. 1, ch. 71-192; s. 1, ch. 71-193; s. 1, ch. 71-289; ss. 52, 53, ch. 71-355; s. 1, ch. 72-221; s. 25, ch. 73-345; s. 16, ch. 74-227; ss. 1, 2, ch. 74-351; s. 3, ch. 75-284; s. 2, ch. 75-306: s. 1, ch. 76-236; ss. 1, 2, ch. 77-274: s. 8, ch. 78-416; s. 12, ch. 78-423; s. 43, ch. 60-274; ss. 2, 16, ch. 80-295; s. 1, ch. 81-193; s. 1, ch. 82-138; s. 26, ch. 82-154; s. 32, ch. 83-324; s. 10, ch. 83-326; ss. 14, 23, ch. 83-327: s. 6, ch. 83-348; s. 2, ch. 84-255; s. 2, ch. 84-336; s. 2, ch. 85-109: ss. 1, 3, ch. 85-144; s. 28, ch. 86-156; s. 1, ch. 87-64; ss. 1, 50, ch. 87-329: s. 3, ch. 88-317; s. 8, ch. 88-557: s. 21, ch. 89-278; s. 23, ch. 89-298; s. 2, ch. 89-302; s. 1, ch. 89-304; s. 1, ch. 90-16; s. 1, ch. 90-49: s. 26, ch. 90-288: s. 2. ch. 91-105: s. 7, ch. 91-283: s. 32. ch. 92-136; s. 3, ch. 93-198; s. 135, ch. 94-209: ss. 27, 54, ch. 94-232: s. 1, ch. 94-303; s. 1520, ch. 95-147; s. 63, ch. 95-267: s. 1, ch. 96-269: s. 5, ch. 96-369.

1Note.-The terrn ~career education" was substituted for the term "vocational education" by the editors pursuant to the directive of the Legislature ins. 16, ch. 94-232.

Note.-Former s. 242.17: s. 236.161: s. 229.0118.

228.055 Regional autism centers.-( 1) Five regional autism centers are established to

provide nonresidential resource and training services tor persons of all ages and of all levels of intellectual func­tioning who have autism, as defined in s. 393.063; who have a pervasive developmental disorder that is not oth­erwise specified; who have an autistic-like disability; who have a dual sensory impairment; or who have a sen­sory impairment with other handicapping conditions. Each center shall be operationally and fiscally independ­ent and shall provide services within its geographical region of the state. Each center shall coordinate ser­vices within and between state and local agencies and school districts but may not duplicate services provided by those agencies or school districts. The respective locations and service areas of the centers are:

(a) The Department of Communication Disorders at Florida State University, which serves Bay, Calhoun, Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, Walton, and Washington Coun­ties.

(b) The College of Medicine at the University of Flor­ida, which serves Alachua, Bradford, Citrus, Columbia, Dixie, Gilchrist, Hamilton, Hernando, Lafayette, Lake, Levy, Marion, Orange, Osceola, Putnam, Seminole, Sumter, Suwannee, and Union Counties.

(c) The University of Florida Health Science Center at Jacksonville, which serves Baker, Brevard, Clay, Duval, Flagler, Nassau, St. Johns, and Volusia Counties.

(d) The Florida Mental Health Institute at the Univer­sity of South Florida, which serves Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, Hills­borough, Indian River, Lee, Manatee, Martin, Okeecho­bee, Pasco, Pinellas, Polk, St. Lucie, and Sarasota Coun­ties.

(e) The Mailman Center for Child Development at the University of Miami, which serves Broward, Dade, Monroe, and Palm Beach Counties.

(2) There is established for each center a constitu­ency board, which shall work collaboratively with the center. Each board shall consist of no fewer than six members, each of whom is either an individual who has a disability that is described in subsection ( 1) or is a member of a family that includes a person who has such a disability, who are selected by each university presi­dent from a list that has been developed by the Autism Society of Florida and other relevant constituency groups that represent persons who have sensory impair­ments as described in subsection (1 ). As representa-

lives of the center's constituencies, these boards shall meet quarterly with the staff of each of the centers to provide advice on policies, priorities, and activities. Each board shall submit to the university president and to the Department of Education an annual report that evalu­ates the activities and accomplishments of its center during the year.

(3) To promote statewide planning and coordina­tion, a conference must be held annually for staff from each of the five centers and representatives from each center's constituency board. The purpose of the confer­ence is to facilitate coordination, networking, cross­training, and feedback among the staffs and constitu­ency boards of the centers.

(4) Each center shall provide: (a) A staff that has expertise in autism and autistic­

like behaviors and in sensory impairments. (b) Individual and direct family assistance in the

home, community, and school. A center's assistance should not supplant other responsibilities of state and local agencies, and each school district is responsible for providing an appropriate education program for cli­ents of a center who are school age.

(c) Technical assistance and consultation services, including specific intervention and assistance for a cli­ent of the center, the client's family, and the school dis­trict, and any other services that are appropriate.

(d) Professional training programs that include developing, providing, and evaluating preservice and inservice training in state-of-the-art practices for per­sonnel who work with the populations served by the centers and their families.

(e) Public education programs to increase aware­ness of the public about autism, autistic-related disabili­ties of communication and behavior, dual sensory impairments, and sensory impairments with other handi­capping conditions.

(5) The Department of Education, in cooperation with the regional autism centers, shall adopt the neces­sary rules to carry out the purposes of this section.

History.-s. 1, ch. 93-54; s. 1, ch. 96-148. NOte.-Former s. 393.0697.

228.056 Charter schools.-( 1) AUTHORIZATION.-The creation of charter

schools is hereby authorized. Charter schools shall be part of the state's program of public education. A char­ter school may be formed by creating a new school or converting an existing public school to charter status.

(2) PURPOSE.-The purpose of charter schools shall be to:

(a) Improve student learning. (b) Increase learning opportunities for all students.

with special emphasis on expanded learning experi­ences for students who are identified as academically low achieving.

(c) Encourage the use of different and innovative learning methods.

(d) Increase choice of learning opportunities for stu­dents.

(e) Establish a new form of accountability for schools.

(f) Require the measurement of learning outcomes and create innovative measurement tools.

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(g) Make the school the unit for improvement. (h) Create new professional opportunities for teach­

ers, including the opportunity to own the learning pro­gram at the school site.

(3) PROPOSAL-A proposal for a new charter school may be made by an individual, teachers, parents, a group of individuals, or a legal entity organized under the laws of this state. The principal, teachers, parents, and/or the school advisory council at an existing public school shall submit any proposal for converting the school to a charter school. An application submitted pro­posing to convert an existing public school to a charter school shall demonstrate the support of at least 50 per­cent of the teachers employed at the school and 50 per­cent of the parents whose children are enrolled at the school. A private school, parochial school, or home edu­cation program shall not be eligible for charter school status.

(4) SPONSOR.-A district school board may spon­sor a charter school in the county over which the board has jurisdiction.

(a) A district school board shall receive and review all applications for a charter school. A district school board must by a majority vote approve or deny an appli­cation no later than 60 days after the application is received. Upon approval of a charter application, the ini­tial startup must be consistent with the beginning of the public school calendar for the district in which the char­ter is granted.

(b) An applicant may appeal any denial of that per­son's application to the State Board of Education no later than 30 days after the district school board's deci­sion. The state board must by majority vote accept or reject the decision of the district school board no later than 30 days after an appeal is filed. The state board shall remand the application to the district school board with its written recommendation that the district board approve or deny the application consistent with the state board's decision. The decision of the State Board of Education is not subject to the provisions of the Administrative Procedure Act, chapter 120.

(c) The district school board must act upon the rec­ommendation of the State Board of Education within 30 days after it is received. The district board may fail to act in accordance with the recommendation of the state board only for good cause. Good cause for failing to act in accordance with the state board's recommendation arises only if the district school board determines by competent substantial evidence that approving the state board's recommendation would be contrary to law or contrary to the best interests of the pupils or the com­munity. The district school board must articulate in writ­ten findings the specific reasons based upon good cause supporting its failure to act in accordance with the state board's recommendation. The district board's action on the state board's recommendation is a final action subject to judicial review.

(d) The Department of Education may provide tech­nical assistance to an applicant upon written request.

(e) Paragraph (a) notwithstanding, a state university may grant a charter to a developmental research school created under s. 228.053. In considering such charter, the state university must consult with the district school

board of the county in which the developmental research school is located. The decision of a state uni­versity may be appealed pursuant to the procedure established in this subsection.

(f) The terms and conditions for the operation of a charter school shalt be set forth by the sponsor and the applicant in a written contractual agreement. This con­tract shall constitute the school's charter.

(g) The sponsor shall monitor and review the charter school in its progress towards the goals established in the charter.

(h) The sponsor shall monitor the revenues and expenditures of the charter school.

(5) NUMBER OF SCHOOLS.-The number of exist­ing public schools which may convert to charter schools is limited to no more than seven in each school district that has 100,000 or more students, no more than five charter schools in each school district that has 50,000 to 99,999 students. and no more than three charter schools in each school district that has fewer than 50,000 students. The number of newly created charter schools shall be limited to no more than seven charter schools in each school district that has 100,000 or more students, no more than five charter schools in each school district that has 50,000 to 99,999 students, and no more than three charter schools in each school dis­trict that has fewer than 50,000 students. Notwithstand­ing any limitation in this section on the number of charter schools authorized for a district, any school board shall have the right to request an increase in the number of charter schools located within its district from the State Board of Education.

(6) ELIGIBLE STUDENTS.-(a) A charter school shall be open to any student

residing in the school district in which the charter school is located. When a public school converts to charter sta­tus, enrollment preference shall be given to students who would have otherwise attended that public school. A charter school may give enrollment preference to a sibling of a student enrolled in the charter school.

(b) The charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In such case, all applicants shall have an equal chance of being admitted through a ran­dom selection process.

(c) A charter school may limit the enrollment proc­ess only to target the following student populations:

1. Students within specific age groups or grade lev­els.

2. Students considered at risk of academic failure. Such students shall include those with scores in the lower quartile on the reading and mathematics sections of norm-referenced tests; a grade point average of 2.0 or below for grades 9 through 12; and/or a writing score on Florida Writes of 2 or below.

(d) A student may withdraw from a charter school at any time and enroll in another public school as deter­mined by school board policy.

(e) Students with handicapping conditions and stu­dents served in English for Speakers of Other Lan­guages programs shall have an equal opportunity of being selected for enrollment in a charter school.

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(7) LEGAL ENTITY.-A charter school shall organize as a nonprofit organization. As such, the charter school may be either a private or a public employer. As a public employer, a charter school may participate in the Florida Retirement System upon application and approval as a "covered group" under s. 121.021(34). If a charter school participates in the Florida Retirement System, the char­ter school employees shall be compulsory members of the Florida Retirement System. As either a private or a public employer, a charter school may contract for ser­vices with an individual or group of individuals who are organized as a partnership or a cooperative. Individuals or groups of individuals who contract their services to the charter school are not public employees.

(8) REQUIREMENTS.-(a) A charter school shall be nonsectarian in its pro­

grams, admission policies, employment practices, and operations.

(b) A charter school shall admit students as pro­vided in subsection (6).

(c) A charter school shall be accountable to its spon­sor for performance as provided in subsection (9).

(d) A charter school shall not charge tuition or fees, except those fees normally charged by other public schools.

(e) A charter school shall meet all applicable state and local health, safety, and civil rights requirements.

(f) A charter school shall not violate the antidiscrimination provisions of s. 228.2001.

(g) A charter school shall be subject to an annual financial audit in a manner similar to that of a school dis­trict.

(h) No organization shall hold more than one elemen­tary, one middle, and one high school charter contract in a school district and no more than 15 charters state­wide.

(9) CHARTER.-The major issues involving the operation of a charter school shall be considered in advance and written into the charter. The charter shall be signed by the governing body of the charter school and the sponsor, following a public hearing to ensure community input.

(a) The charter shall address, and criteria for approval of the charter shall be based on:

1. The school's mission, the students to be served, and the ages and grades to be included.

2. The focus of the curriculum, the instructional methods to be used, and any distinctive instructional techniques to be employed.

3. The current baseline standard of achievement and the outcomes to be achieved and the method of measurement that will be used.

4. The methods used to identify the educational strengths and needs of students and how well educa­tional goals and performance standards are met by stu­dents attending the charter school. Students in charter schools shall, at a minimum, participate in the statewide assessment program.

5. In secondary charter schools, a method for deter­mining that a student has satisfied the requirements for graduation in s. 232.246.

6. A method for resolving conflicts between the governing body of the charter school and the sponsor.

7. The admissions procedures and dismissal proce­dures.

8. The ways by which the school will achieve a racialjethnic balance reflective of the community it serves.

9. The financial and administrative management of the school.

10. The manner in which the school will be insured, including whether or not the school will be required to have liability insurance, and, if so, the terms and condi­tions thereof and the amounts of coverage.

11. The term of the charter, not to exceed 3 years, which shall provide for cancellation of the charter if insuf­ficient progress has been made in attaining the student achievement objectives of the charter and if it is not likely that such objectives can be achieved before expi­ration of the charter.

12. The facilities to be used and their location. 13. The qualifications to be required of the teachers. 14. The governance structure of the school, includ­

ing the status of the charter school as a public or private employer as required in subsection (7).

15. A timetable for implementing the charter which addresses the implementation of each element thereof and the date by which the charter shall be awarded in order to meet this timetable.

16. In the case of an existing public school being converted to charter status, alternative arrangements for current students who choose not to attend the char­ter school and for current teachers who choose not to teach in the charter school after conversion in accord­ance with the existing collective bargaining agreement or school board policy in the absence of a collective bar­gaining agreement.

(b) A charter may be renewed in increments of 1, 2, or 3 school years by a mutual agreement of the parties.

(c) A charter may be modified during its initial term or any renewal term upon the recommendation of the sponsor and the approval of both parties to the agree­ment.

(d) The governing body of the charter school shall make annual progress reports to its sponsor, the State Board of Education, the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives. The report shall contain at least the following information:

1. The charter school's progress towards achieving the goals outlined in its charter.

2. The information required in the annual school report pursuant to s. 229.592.

3. Financial records of the charter school, including revenues and expenditures.

4. Salary and benefit levels of charter school employees.

(e) A sponsor shall ensure that the charter is innova­tive and consistent with the state education goals estab­lished by s. 229.591.

(f) Upon receipt of the annual report required by paragraph (d), the sponsor shall provide to the State Board of Education, the Commissioner of Education, the President of the Senate, and the Speaker of the House of Representatives an analysis and comparison of the overall performance of charter school students, to

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s. 228.056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.056

include all students whose scores are counted as part of the norm-referenced assessment tests, versus com­parable public school students in the district as deter­mined by norm-referenced assessment tests currently administered in the school district, and, as appropriate, the Florida Writes Assessment Test, Grade Ten Assess­ment Test, and the High School Competency Test.

(10) CAUSES FOR NONRENEWAL OR TERMINA­TION.-

(a) At the end of the term of a charter, the sponsor may choose not to renew the charter for any of the fol­lowing grounds:

1. Failure to meet the requirements for student per­formance stated in the charter.

2. Failure to meet generally accepted standards of fiscal management.

3. Violation of law. 4. Other good cause shown. (b) During the term of a charter, the sponsor may ter­

minate the charter for any of the grounds listed in para­graph (a).

(c) At least 90 days prior to renewing or terminating a charter, the sponsor shall notify the governing body of the school of the proposed action in writing. The notice shall state in reasonable detail the grounds for the pro­posed action and stipulate that the school's governing body may, within 14 days after receiving the notice, request an informal hearing before the sponsor. The sponsor shall conduct the informal hearing within 30 days after receiving a written request. The charter school's governing body may, within 14 days after receiving the sponsor's decision to terminate or refuse to renew the charter, appeal the decision pursuant to the procedure established in subsection (4).

(d) A charter may be terminated immediately if the sponsor determines that good cause has been shown or if the health, safety, or welfare of the students is threatened. The school district in which the charter school is located shall assume operation of the school under these circumstances.

(e) When a charter is not renewed or is terminated, the school shall be dissolved under the provisions of law under which the school was organized, and any unen­cumbered funds from the charter school shall revert to the district school board. In the event a charter school is dissolved or is otherwise terminated, all district school board property and improvements, furnishings, and equipment purchased with public funds shall automati­cally revert to full ownership by the district school board.

(f) If a charter is not renewed or is terminated, the governing body of the school is responsible for all debts of the charter school. The district may not assume the debt from any contract for services made between the governing body of the school and a third party, except for a debt that is previously detailed and agreed upon in writing by both the district and the governing body of the school and that may not reasonably be assumed to have been satisfied by the district.

(g) If a charter is not renewed or is terminated, a stu­dent who attended the school may apply to, and shall be enrolled in, another public school. Normal application deadlines shall be disregarded under such circum­stances.

(11) EXEMPTION FROM STA TUTES.-A charter school shall operate in accordance with its charter and shall be exempt from all statutes of the Florida School Code, except those pertaining to civil rights and student health, safety, and welfare, or as otherwise required by this section. A charter school shall not be exempt from the following statutes: chapter 119, relating to public records, and s. 286.011, relating to public meetings and records, public inspection, and penalties.

(12) EMPLOYEES OF CHARTER SCHOOLS.-(a) A charter school shall select its own employees. (b) Charter school employees shall have the option

to bargain collectively. Employees may collectively bar­gain as a separate unit or as part of the existing district collective bargaining unit as determined by the structure of the charter school.

(c) The teachers at a charter school may choose to be part of a professional group that subcontracts with the charter school to operate the instructional program under the auspices of a partnership or cooperative that they collectively own. Under this arrangement, the teachers would not be public employees.

(d) Employees of a school district may take leave to accept employment in a charter school upon the approval of the district school board. While on leave, the employee may retain seniority accrued in that school district and may continue to be covered by the benefit programs of that school district, if the charter school and the district school board agree to this arrangement and its financing.

(e) Teachers employed by or under contract to a charter school shall be certified as required by chapter 231. A charter school may employ or contract with skilled selected noncertified personnel to provide instructional services or to assist instructional staff members as teacher aides in the same manner as defined in chapter 231. A charter school may not employ an individual to provide instructional services or to serve as a teacher aide if the individual's certification or licen­sure as an educator is suspended or revoked by this or any other state. The qualifications of teachers shall be disclosed to parents.

(f) A charter school shall employ or contract with employees who have been fingerprinted as provided in s. 231.02.

(13) REVENUE.-Students enrolled in a charter school, regardless of the sponsorship, shall be funded as if they are in a basic program or a special program, the same as students enrolled in other public schools in the school district. Funding for a chartered developmen­tal research school shall be as provided in s. 228.053(9).

(a) Each charter school shall report its student enrollment to the district school board as required in s. 236.081, and in accordance with the definitions in s. 236.013. The district school board shall include each charter school's enrollment in the district's report of stu­dent enrollment.

(b) The basis for the agreement for funding students enrolled in a charter school shall be the sum of the school district's operating funds from the Florida Educa­tion Finance Program as provided in s. 236.081 and the General Appropriations Act, including gross state and local funds, discretionary lottery funds, and funds from

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s. 228.056 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.057

the school district's current operating discretionary millage levy; divided by total funded weighted full-time equivalent students in the school district; multiplied by the weighted full-time equivalent students for the char­ter school. Charter schools whose students or programs meet the eligibility criteria in law shall be entitled to their proportionate share of categorical program funds included in the total funds available in the Florida Educa­tion Finance Program by the Legislature, including trans­portation. Total funding for each charter school will be recalculated during the year to reflect the revised calcu­lations under the Florida Education Finance Program by the state and the actual weighted full-time equivalent students reported by the charter school during the full­time equivalent student survey periods designated by the Commissioner of Education.

(c) Transportation of charter school students shall be provided by the charter school consistent with the requirements of chapter 234. The governing body of the charter school may provide transportation through an agreement or contract with the district school board, a private provider, or parents. The charter school shall ensure that transportation is not a barrier to equal access for all students residing within a reasonable dis­tance of the charter school as determined in its charter.

(d) If the district school board is providing programs or services to students funded by federal funds, any eli­gible students enrolled in charter schools in the school district shall be provided federal funds for the same level of service provided students in the schools operated by the district school board.

(e) Any administrative fee charged by the school district relating to a charter school shall be limited to no more than the actual cost of administering the contract between the charter school and the school district or 5 percent of the available funds as defined in paragraph (b). whichever is the lesser amount.

(f) School boards shall make every effort to ensure that charter schools receive timely and efficient reim­bursement. The payment shall be issued no later than 30 working days after receipt of an invoice. If a warrant for payment of an invoice is not issued within 30 working days after receipt by the district school board, the school district shall pay to the charter school, in addition to the amount of the invoice, interest at a rate of 1 per­cent per month calculated on a daily basis on the unpaid balance from the expiration of the 30-day period until such time as the warrant is issued.

(14) IMMUNITY.-For the purposes of tort liability, the governing body and employees of a charter school shall be governed by s. 768.28.

(15) LENGTH OF SCHOOL YEAR.-A charter school shall provide instruction for at least the number of days required by law for other public schools, and may pro­vide instruction for additional days.

(16) FACILITIES.-A charter school shall utilize facili­ties which comply with the State Uniform Building Code for Public Educational Facilities Construction adopted pursuant to s. 235.26 or with applicable state minimum building codes pursuant to chapter 553 and state mini­mum fire protection codes pursuant to s. 633.025, as adopted by the authority in whose jurisdiction the facility is located.

(17) INITIAL COSTS.-A sponsor may approve a charter for a charter school before the applicant has secured space, equipment, or personnel, if the applicant indicates approval is necessary for it to raise working capital.

(18) INFORMA TION.-The Department of Education shall provide information to the public, directly and through sponsors, both on how to form and operate a charter school and on how to enroll in charter schools once they are created. This information shall include a standard application format which shall include the infor­mation specified in subsection (9). This application for­mat may be used by chartering entities.

(19) GENERAL AUTHORITY.-A charter school shall not levy taxes or issue bonds secured by tax revenues.

(20) REVIEW.-The Legislature shall review the oper­ation of charter schools during the 2000 Regular Session of the Legislature.

History.-s. 1, ch. 96-186.

228.057 Public school parental choice.-( 1) As used in this section, "controlled open

enrollment" means a public education delivery system that allows school districts to make student school assignments using parents' indicated preferential school choice as a significant factor.

(2) Beginning with the 1997-1998 school year, each district school board may offer controlled open enroll­ment within the public schools. The controlled open enrollment program shall be offered in addition to the existing choice programs such as magnet schools, alter­native schools, special programs, advanced placement, and dual enrollment.

(3) Each district school board shall develop a con­trolled open enrollment plan which describes the imple­mentation of subsection (2).

(4) School districts shall adhere to federal desegre­gation requirements. No controlled open enrollment plan that conflicts with federal desegregation orders shall be implemented.

(5) Each school district shall develop a system of pri­orities for its plan that includes consideration of the fol­lowing:

(a) An application process required to participate in the controlled open enrollment program.

(b) A process that allows parents to declare school preferences.

(c) A process that encourages placement of siblings within the same school.

(d) A lottery procedure used by the school district to determine student assignment.

(e) An appeals process for hardship cases. (f) The procedures to maintain socioeconomic,

demographic, and racial balance. (g) The availability of transportation. (h) A process that promotes strong parental involve­

ment, including the designation of a parent liaison. (i) A strategy that establishes a clearinghouse of

information designed to assist parents in making informed choices.

(6) Plans shall be submitted to the Commissioner of Education by June 30, 1997. The Commissioner of Edu­cation shall develop an annual report on the status of

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s. 228.057 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.093

school choice and deliver the report to the Governor, the President of the Senate, and the Speaker of the House of Representatives at least 90 days prior to the conven­ing of the regular session of the Legislature.

(7) The Department of Education shall develop, dur­ing the 1996-1997 school year, recommendations for a public school parental choice incentive program to ben­efit district school boards that implement a public school parental choice plan pursuant to subsection (2) for the 1997-1998 school year. In developing the program, the department may consider financial, as well as other, incentives.

History.-s. 7. ch. 96-186.

228.093 Pupil and student records and reports; rights of parents, guardians, pupils, and students; noti· fication; penalty.-

(1) PURPOSE.-The purpose of this section is to protect the rights of pupils and students and their par­ents or guardians with respect to pupil and student rec­ords and reports as created, maintained, and used by public educational institutions in the state. The intent of the Legislature is that pupils and students and their par­ents or guardians shall have rights of access, rights of challenge, and rights of privacy with respect to such rec­ords and reports, and that rules shall be available for the exercise of these rights.

(2) DEFINITIONS.-As used in this section: (a) "Chief executive officer" means that person,

whether elected or appointed, who is responsible for the management and administration of any public educa­tional body or unit, or the chief executive officer's desig­nee for pupil or student records; that is, the superintend­ent of a district school system, the director of the 1area technical center, the president of a community college, or the president of an institution in the State University System, or their designees.

(b) "Child" means any person who has not reached the age of majority.

(c) "Directory information" includes the pupil's or stu­dent's name, address, telephone number if it is a listed number, date and place of birth, major field of study, par­ticipation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the pupil or student.

(d) "Pupil" means any child who is enrolled in any instructional program or activity conducted under the authority and direction of a district school board.

(e) "Records" and "reports" mean any and all official records, files, and data directly related to pupils and stu­dents which are created, maintained, and used by pub­lic educational institutions, including all material that is incorporated into each pupil's or student's cumulative record folder and intended for school use or to be avail­able to parties outside the school or school system for legitimate educational or research purposes. Materials which shall be considered as part of a pupil's or stu­dent's record include, but are not necessarily limited to: identifying data, including a student's social security number; academic work completed; level of achieve­ment records, including grades and standardized

achievement test scores; attendance data; scores on standardized intelligence, aptitude, and psychological tests; interest inventory results; health data; family back­ground information; teacher or counselor ratings and observations; verified reports of serious or recurrent behavior patterns; and any other evidence, knowledge, or information recorded in any medium, including, but not limited to, handwriting, typewriting, print, magnetic tapes, film, microfilm, and microfiche, and maintained and used by an educational agency or institution or by a person acting for such agency or institution. However, the terms "records" and "reports" do not include:

1. Records of instructional, supervisory, and admin-istrative personnel and educational personnel ancillary thereto, which records are in the sole possession of the maker thereof and are not accessible or revealed to any other person except a substitute tor any of such per­sons. An example of records of this type is instructor's grade books.

2. Records of law enforcement units of the institu-tion which are maintained solely for law enforcement purposes and which are not available to persons other than officials of the institution or law enforcement offi­cials of the same jurisdiction in the exercise of that juris­diction.

3. Records made and maintained by the institution in the normal course of business which relate exclusively to a pupil or student in his or her capacity as an employee and which are not available for use for any other purpose.

4. Records created or maintained by a physician, psychiatrist, psychologist, or other recognized profes­sional or paraprofessional acting in his or her profes­sional or paraprofessional capacity, or assisting in that capacity, which are created, maintained, or used only in connection with the provision of treatment to the pupil or student and which are not available to anyone other than persons providing such treatment. However, such records shall be open to a physician or other appropriate professional of the pupil's or student's choice.

5. Directory information as defined in this section. 6. Other information, files, or data which do not per­

mit the personal identification of a pupil or student. 7. Letters or statements of recommendation or

evaluation which were confidential under Florida law and which were received and made a part of the pupil's or student's educational records prior to July 1, 1977.

8. Copies of the pupil's or student's fingerprints. No public educational institution shall maintain any report or record relative to a pupil or student which includes a copy of the pupil's or student's fingerprints.

(f) "Student" means any child or adult who is enrolled or who has been enrolled in any instructional program or activity conducted under the authority and direction of an institution comprising a part of the state system of public education and with respect to whom an educational institution maintains educational records and reports or personally identifiable information, but does not include a person who has not been in attend­ance as an enrollee at such institution.

(3) RIGHTS OF PARENT, GUARDIAN, PUPIL, OR STUDENT.-The parent or guardian of any pupil or stu­dent who attends or has attended any public school,

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s. 228.093 1996 SUPPLEMENT TO FLORIDA StATUTES 1995 s. 228.093

area vocational-technical training center, community college, or institution of higher education in the State University System shall have the following rights with respect to any records or reports created, maintained, and used by any public educational institution in the state. However, whenever a pupil or student has attained 18 years of age, or is attending an institution of postsecondary education, the permission or consent required of, and the rights accorded to. the parents of the pupil or student shall thereafter be required of and accorded to the pupil or student only, unless the pupil or student is a dependent pupil or student of such par­ents as defined in 26 U.S.C. s. 152 (s. 152 of the Internal Revenue Code of 1954). The State Board of Education shall formulate, adopt, and promulgate rules whereby parents, guardians. pupils, or students may exercise these rights:

(a) Right of access.-1. Such parent, guardian, pupil, or student shall

have the right, upon request directed to the appropriate school official, to be provided with a list of the types of records and reports, directly related to pupils or stu­dents, as maintained by the institution which the pupil or student attends or has attended.

2. Such parent, guardian, pupil, or student shall have the right, upon request. to be shown any record or report relating to such pupil or student maintained by any public educational institution. When the record or report includes information on more than one pupil or student, the parent, guardian, pupil, or student shall be entitled to receive, or be informed of, only that part of the record or report which pertains to the pupil or student who is the subject of the request. Upon a reasonable request therefor, the institution shall furnish such par­ent, guardian, pupil, or student with an explanation or interpretation of any such record or report

3. Copies of any list, record, or report requested under the provisions of this paragraph shall be furnished to the parent, guardian, pupil, or student upon request.

4. The State Board of Education shall establish rules to be followed by all public educational institutions in granting requests for lists, or for access to reports and records or for copies or explanations thereof under this paragraph. However, access to any report or record requested under the provisions of subparagraph 2. shall be granted within 30 days after receipt of such request by the institution. Fees may be charged for furnishing any copies of reports or records requested under subparagraph 3., but such fees shall not exceed the actual cost to the institution of producing such copies.

(b) Right of waiver of access to confidential letters or statements.-Such parent, guardian, pupil, or stu­dent shall have the right to waive the right of access to letters or statements of recommendation or evaluation, except that such waiver shall apply to recommendations or evaluations only if:

1. The parent, guardian, pupil, or student is, upon request, notified of the names of all persons submitting confidential letters or statements; and

2. Such recommendations or evaluations are used solely for the purpose for which they were specifically intended.

Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from. any public agency or public educational institution in this state.

(c) Right to challenge and hearing.-Such parent, guardian, pupil, or student shall have the right to chal­lenge the content of any record or report to which such person is granted access under paragraph (a). in order to ensure that the record or report is not inaccurate, mis­leading, or otherwise in violation of the privacy or other rights of the pupil or student and to provide an opportu­nity for the correction, deletion, or expunction of any inaccurate, misleading, or otherwise inappropriate data or material contained therein. Any challenge arising under the provisions of this paragraph may be settled through informal meetings or discussions between the parent, guardian, pupil, or student and appropriate offi­cials of the educational institution. If the parties at such a meeting agree to make corrections, to make deletions, to expunge material, or to add a statement of explana­tion or rebuttal to the file, such agreement shall be reduced to writing and signed by the parties; and the appropriate school officials shall take the necessary actions to implement the agreement. If the parties can­not reach an agreement, upon the request of either party, a hearing shall be held on such challenge under rules promulgated by the State Board of Education. Upon the request of the parent, guardian, pupil, or stu­dent, the hearing shall be exempt from the requirements of s. 286.011. Such rules shall include at least the follow­ing provisions:

1. The hearing shall be conducted within a reason­able period of time following the request for the hearing.

2. The hearing shall be conducted, and the deci­sion rendered, by an official of the educational institution or other party who does not have a direct interest in the outcome of the hearing.

3. The parent, guardian, pupil, or student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised under this paragraph.

4. The decision shall be rendered in writing within a reasonable period of time after the conclusion of the hearing.

5. The appropriate school officials shall take the necessary actions to implement the decision.

(d) Right of privacy.-Every pupil or student shall have a right of privacy with respect to the educational records kept on him or her. Personally identifiable rec­ords or reports of a pupil or student, and any personal information contained therein, are confidential and exempt from the provisions of s. 119.07(1 ). No state or local educational agency, board, public school, area technical center, community college, or institution of higher education in the State University System shall permit the release of such records, reports, or informa­tion without the written consent of the pupil's or stu­dent's parent or guardian, or of the pupil or student him­self or herself if he or she is qualified as provided in this subsection. to any individual, agency, or organization. However, personally identifiable records or reports of a pupil or student may be released to the following per­sons or organizations without the consent of the pupil or the pupil's parent:

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s. 228.093 1996 SUPPLEMENT TO FLORI =D_A__;S;_T_A_T-'-UT_E_S~_1---'9-'-95 _______ s"'-._2_28_.09-'--3

1. Officials of schools, school systems, area techni­cal centers, community colleges, or institutions of higher learning in which the pupil or student seeks or intends to enroll; and a copy of such records or reports shall be furnished to the parent, guardian, pupil, or student upon request

2. Other school officials, including teachers within the educational institution or agency, who have legiti­mate educational interests in the information contained in the records.

3. The United States Secretary of Education, the Director of the National Institute of Education, the Assis­tant Secretary for Education, the Comptroller General of the United States, or state or local educational authori­ties who are authorized to receive such information sub­ject to the conditions set forth in applicable federal stat­utes and regulations of the United States Department of Education, or in applicable state statutes and rules of the State Board of Education.

4. Other school officials, in connection with a pupil's or student's application for or receipt of financial aid.

5. Individuals or organizations conducting studies for or on behalf of an institution or a board of education for the purpose of developing, validating, or administer­ing predictive tests, administering pupil or student aid programs, or improving instruction, if such studies are conducted in such a manner as will not permit the per­sonal identification of pupils or students and their par­ents by persons other than representatives of such organizations and if such information will be destroyed when no longer needed for the purpose of conducting such studies.

6. Accrediting organizations, in order to carry out their accrediting functions.

7. For use as evidence in pupil or student expulsion hearings conducted by a district school board pursuant to the provisions of chapter 120.

8. Appropriate parties in connection with an emer­gency, if knowledge of the information in the pupil's or student's educational records is necessary to protect the health or safety of the pupil, student, or other individ· uals

9. The Auditor General in connection with his or her official functions: however, except when the collection of personally identifiable information is specifically authorized by law, any data collected by the Auditor General is confidential and exempt from the provisions of s. 119.07(1) and shall be protected in such a way as will not permit the personal identification of students and their parents by other than the Auditor General and his or her staff, and such personally identifiable data shall be destroyed when no longer needed for the Audi· tor General's official use.

10.a. A court of competent jurisdiction in compli· ance with an order of that court or the attorney of record pursuant to a lawfully issued subpoena, upon the condi· tion that the pupil or student and the pupil's or student's parent are notified of the order or subpoena in advance of compliance therewith by the educational institution or agency.

b. A person or entity pursuant to a court of compe-tent jurisdiction in compliance with an order of that court

or the attorney ot record pursuant to a lawfully issued subpoena, upon the condition that the pupil or student, or his or her parent if the pupil or student is either a minor and not attending an institution of postsecondary edu­cation or a dependent of such parent as defined in 26 U.S.C. s. 152 {s. 152 of the Internal Revenue Code of 1954), is notified of the order or subpoena in advance of compliance therewith by the educational institution or agency.

11. Credit bureaus, in connection with an agreement for financial aid which the student has executed, pro­vided that such information may be disclosed only to the extent necessary to enforce the terms or conditions of the financial aid agreement. Credit bureaus shall not release any information obtained pursuant to this para· graph to any person.

12, Parties to an interagency agreement among the 2Department of Health and Rehabilitative Services, school and law enforcement authorities, and other sig­natory agencies for the purpose of reducing juvenile crime and especially motor vehicle theft by promoting cooperation and collaboration, and the sharing of appro­priate information in a joint effort to improve school safety, to reduce truancy, in-school and out-of-school suspensions, to support alternatives to in-school and out-of-school suspensions and expulsions that provide structured and well-supervised educational programs supplemented by a coordinated overlay of other appro­priate services designed to correct behaviors that lead to truancy, suspensions, and expulsions, and which support students in successfully completing their edu­cation. Information provided in furtherance of such interagency agreements is intended solely for use in determining the appropriate programs and services for each juvenile or the juvenile's family, or for coordinating the delivery of such programs and services, and as such is inadmissible in any court proceedings prior to a dispositional hearing unless written consent is provided by a parent, guardian, or other responsible adult on behalf of the juvenile.

This paragraph does not prohibit any educational institu­tion from publishing and releasing to the general public directory information relating to a pupil or student if the institution elects to do so. However, no educational insti­tution shall release, to any individual, agency, or organi­zation which is not listed in subparagraphs 1.-11., direc­tory information relating to the student body in general or a portion thereof unless it is normally published for the purpose of release to the public in general. Any educa­tional institution making directory information public shall give public notice of the categories of information which it has designated as directory information with respect to all pupils or students attending the institution and shall allow a reasonable period of time after such notice has been given tor a parent, guardian, pupil, or student to inform the institution in writing that any or all of the information designated should not be released.

(4) NOTIFICATION.-Every parent, guardian, pupil, and student entitled to rights relating to pupil and stu­dent records and reports under the provisions of sub­section {3) shall be notified annually, in writing, ot such rights and that the institution has a policy of supporting

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s. 228.093 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.502

the law; the types of information and data generally entered in the pupil and student records as maintained by the institution; and the procedures to be followed in order to exercise such rights. The notification shall be general in form and in a manner to be determined by the State Board of Education and may be incorporated with other printed materials distributed to pupils and stu­dents, such as being printed on the back of school assignment forms or report cards for pupils attending kindergarten or grades 1 through 12 in the public school system and being printed in college catalogs or in other program announcement bulletins for students attending postsecondary institutions.

(5) PENALTY.-ln the event that any public school official or employee, State University System official or employee, 1area technical center official or employee, community college official or employee, or district school board official or employee refuses to comply with any of the provisions of this section, the aggrieved par­ent, guardian, pupil, or student shall have an immediate right to bring an action in the circuit court to enforce the violated right by injunction. Any aggrieved parent, guardian, pupil, or student who brings such an action and whose rights are vindicated may be awarded attor­ney's fees and court costs.

(6) APPLICABILITY TO RECORDS OF DEFUNCT INSTITUTIONS.-The provisions of this section also apply to pupil or student records which any nonpublic educational institution that is no longer operating has deposited with the district school superintendent in the county where the nonpublic educational institution was located or with the clerk of the circuit court of that county; with the Department of Education; with the Divi­sion of Library and Information Services, records and information management program, of the Department of State; or with any other public agency.

History.-ss. 1, 4, ch. 77-f'IJ: s. 1. ch. 81-201; s. 1, ch. 84-208; s. 1, ch. 86-65; s. 6, ch. 86-145: s. 11, ch. 86-163; s. 1, ch. 88-292: s. 72, ch 90-288; s. 25. ch. 90-302: s. 55, ch. 90-360; s. 5, ch. 93-200: s. 1208, ch. 95-147; s. 73, ch. 96-406.

•Note.-The term 'area technical center" was substituted for the term "area voca­tional-technical center" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232. 'Note.-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.

228.502 The Education Success Incentive Pro­gram.-

(1) There is established the Education Success incentive Program, administered by the Department of Education, to encourage students from low-income and disadvantaged backgrounds to maintain satisfactory academic progress and enroll in postsecondary institu­tions. The primary objective of the program is to provide socially and economically disadvantaged students with an incentive to stay away from drugs, obey the law, remain in school, graduate from high school, and enroll in and complete postsecondary education.

1(a) The Commissioner of Education shall request proposals from school districts that wish to participate in the Education Success Incentive Program. An Educa­tion Success Incentive Council, consisting of one repre­sentative of the State University System appointed by the chancellor, one representative of the community col­leges appointed by the Executive Director of the State Board of Community Colleges, one representative of the

611

Florida Prepaid Postsecondary Education Expense Board appointed by the chair of the board, and six per­sons appointed by the Commissioner of Education, shall review and recommend proposals for funding to the commissioner. The commissioner's appointees to the council must include at least one public school superin­tendent, one public school guidance counselor or stu­dent support services person, one representative of a private or community-based organization with pro­grams and objectives which are compatible with the goals of the program, one parent or guardian of a stu­dent eligible to participate in the program, and one rep­resentative of business and industry. The department shall allocate funds competitively. The commissioner shall request proposals for pilot projects within each state education region to be implemented during the 1990-1991 school year. At least one proposal shall be funded within each region, and at least one pilot project funded must be located at a rural high school.

(b) Proposals shall be submitted by school districts for specific schools designated by the department as high-density urban or low-density rural schools in which the proportion of economically disadvantaged students is higher than the state average.

(2) The department shall adopt guidelines for dis­tricts to use to develop proposals, including criteria for defining students as educationally and economically disadvantaged. At a minimum, an eighth grade student who is a member of a family which is eligible for free lunch or who is a member of a migrant family is economi­cally disadvantaged. Students shall be defined as edu­cationally disadvantaged based upon criteria which include test scores, grade point average, and progres­sion, retention, and attendance rates. A district proposal must include:

(a) Provision for coordination and articulation of comprehensive, academic, support, counseling, and other services for students in elementary, middle, and senior high schools.

(b) Provision for special academic counseling and support services and financial aid advisement for stu­dents within the target school, whether or not such stu­dents are enrolled in the program.

(c) Provision to identify students in grades below the eighth grade who are expected to meet the eligibility requirements for participation upon reaching grade nine.

(d) Procedures and criteria to identify students eligi· ble for participation and to select students for the pro­gram. Students may not enroll after the end of the eighth grade. Funds shall begin accruing to the accounts of students enrolled in the program beginning with the first semester of the ninth grade.

(e) Procedures to develop an educational and sup­port services plan, including a detailed description of the academic, guidance and counseling, and support services to be provided for each student in the program. The types of services provided must demonstrate good educational practice, including recruitment of mentors from business and industry, community volunteer partic­ipation, teacher or peer tutoring, teacher advisement, academic and personal counseling, family counseling, and home visits.

(f) Staff development activities for personnel with direct responsibility for students in the program.

s. 228.502 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.502

(g) Procedures to select, train, and assign a mentor and a teacher adviser to each student in the program.

(h) Procedures to provide for maximum parental and community involvement with the program.

(i) An evaluation component that assesses the aca­demic performance of students at the beginning of the program and at the end of each semester to develop baseline data.

Ul Demonstration of the district's ongoing commit­ment to provide programs designed to improve the aca­demic performance of disadvantaged students.

(k) Procedures to report annually to the department on the progress of the students involved in the program. The department shall compile district reports into a statewide annual report which shall be submitted to the Legislature and Governor by August 1 of each year. Dis­trict reports shall include:

1 . The name of each student enrolled in the pro­gram and the student's grade level at the time of enroll­ment.

2. The student's academic performance, by course, each semester following enrollment in the pro­gram.

3. The student's attendance rate and disciplinary record for each semester following enrollment in the pro­gram.

(11 Procedures to recognize and reward students in the program, including banquets, plaques, trophies, and certificates.

(m) Provision of after-school and summer programs which enable students in the program to visit college and university campuses and business and industry worksites, and which involve them in academic, cultural, and civic projects to augment and expand school­based academic and support services.

(3) Each participating student and the student's parents, custodial parent, or guardian shall sign an agreement which requires the student to make satisfac­tory progress on his or her individual educational and support services plan, achieve a minimum cumulative grade point average of 2.5 on a scale of 4.0 for each semester, attend school regularly, pass each grade and course in school, refrain from using drugs or alcohol, obey the law, and have his or her report card and other progress reports reviewed by the student's designated mentor. The program administrator at each school shall monitor each student's compliance with the agreement and shall notify the student and the student's parents or guardian of any failure to make expected progress on any component of the agreement. If a student fails a component of the agreement or does not make expected progress toward such a component, the prin­cipal may place the student on probationary status or remove the student from the program, upon written rec­ommendation to the principal by the program adminis­trator. The student may remain on probationary status for a period not to exceed two semesters. Any student on probation who fails to achieve satisfactory progress on all components of the agreement for two successive semesters shall be removed from the program. The dis­trict school board shall provide written notification to the student's parent or guardian of its intent to place a stu­dent on probation or to remove him or her from the pro-

gram. During the period when a student is on probation, all grant funds shall be held in reserve to be deposited into the student's account upon his or her reinstatement in the program. All grant funds reserved for a student who subsequently terminates participation in the pro­gram shall remain in the State Student Financial Assist­ance Trust Fund to implement this section. The school district must notify the department of any student who is placed on probation or removed from the program.

(4) Funds appropriated for the program shall be deposited in the State Student Financial Assistance Trust Fund for allocation to the program in an account in the name of each student in the program.

(a) Beginning with the first semester of the ninth grade, deposits shall be made each semester into the account of each student who maintains continuous enrollment in the program. The total amount deposited in the account shall be an amount equal to the total cost of education at a state university pursuant to a cost-of­education index developed by the department.

(b) Each student in the program shall be issued a passbook to be updated each semester, showing the amount which has accrued to the student's account.

(5) To receive the funds deposited in the State Stu­dent Financial Assistance Trust Fund and allocated to the program for the account, a student must:

(a) Have met the eligibility criteria established under this section.

(b) Enroll in a Florida public community college, state university, or public 2degree career education school within either of the two academic years following the participant's high school graduation.

(c) Have successfully completed high school coursework under s. 232.246, and have achieved a cumulative grade point average of 2.5 on a 4.0 scale.

(d) Present evidence that he or she has not been convicted or adjudicated delinquent of any felony as defined in ss. 775.08 and 775.081.

(e) Have applied for the Pell Grant. (6) As a condition for continuation of the grant, a stu­

dent must: (a) Achieve a cumulative grade point average of 2.5

on a 4.0 scale. (b) Make steady academic progress toward a certifi­

cate or degree, maintaining full-time enrollment stand­ing for not fewer than two semesters in any academic year.

(7) A student may use funds accrued to his or her account for tuition and fees, books and supplies, room and board, transportation, and personal expenses. How­ever, funds for tuition and fees must be paid directly to the school.

(8) A student may continue to receive grant funds for a period not to exceed the total number of credit hours required for completion of the student's major or program of study or until termination of attendance, whichever occurs earlier. A student receiving a grant may not receive any other state student financial aid awards.

(9) The Office of Student Financial Assistance shall administer the program.

(a) The office shall develop a cost-of-education index for the total cost of education at state universities,

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s. 228.502 1996 SUPPLEMENT TO FLORIDA STATUTES 1995 s. 228.502

public community colleges, and public 2degree career education schools. The index for each type of institution shall specify a maximum amount which may be paid for a student for:

1. Tuition and fees; 2. Books and supplies; 3. Room and board; 4. Transportation; and 5. Personal expenses. (b) From funds accrued to each participant's

account, grant awards shall be made each semester in an amount equal to the student's total cost of education for that semester.

(c) Payment for tuition and fees shall be transferred annually from the State Student Financial Assistance Trust Fund on behalf of the student in the program to the school, community college, or university which the student is attending before the registration period. An institution shall be requested to make refunds for stu­dents who receive award disbursements and terminate enrollment for any reason during the academic term when an institution's refund policies permit students to receive refunds under these circumstances. If a recipi­ent transfers from one institution to another, the recipi­ent's tuition and fee grant may be transferred. When a student transfers, the amount of the tuition and fee grant shall be recalculated by the department for the new institution pursuant to the appropriate cost-of­education index and shall be adjusted accordingly. A student who receives a grant and subsequently fails to meet academic progress requirements due to verifiable illness or other extenuating circumstances may be granted an exception from the academic requirements. Such student must make a written appeal to the institu­tion, which appeal includes a description and verifica­tion of such circumstances. Verification of illness or other emergencies may include a physician's statement or written statement of a parent or college official. The institution shall recommend exceptions, with necessary documentation, to the department. Students may remain on leave status for no more than two semesters. Students who terminate enrollment may not receive any subsequent grant awards.

(d) Grants for room and board, transportation, books and supplies, and personal expenses shall be paid by the department directly to the student pursuant to a schedule established by the department.

(e) Grant funds reserved on behalf of a participant which are unexpended upon the student's graduation, termination of enrollment, or at the end of 5 years, which­ever occurs earlier, shall remain in the trust fund and shall be available to implement this section.

(10) Five percent of the total grant funds reserved annually for students enrolled in a district's program shall be allocated to each district participating in the program from the State Student Financial Assistance Trust Fund for program administrative costs.

(11) Districts selected for participation in the Educa­tion Success Incentive Program shall receive priority for the receipt of other state funds for programs which sup­port and enhance the goals and objectives of the pro­gram. including: teachers as advisers, high performance incentives, college reach-out, school restructuring,

model technology schools, interagency student ser­vices, cities in schools, instructional strategies enhance­ments, model schools consortia, and any new programs created after July 2, 1990, to assist low-income and dis­advantaged students to perform successfully in school and pursue a postsecondary education. A district receiving funds from such other programs must coordi­nate them to assure that they enhance rather than dupli­cate services provided to students in the Education Suc­cess Initiative Program. To accomplish this coordination, a district may request and the commissioner may grant waivers to rules or procedures governing the use and administration of funds provided by such other pro­grams.

(12) The Commissioner of Education may establish a direct-support organization which is:

(a) A Florida corporation, not for profit, incorporated under the provisions of chapter 617 and approved by the Secretary of State.

(b) Organized and operated exclusively to receive, hold, invest, and administer property and to make expenditures to or for the benefit of the Education Suc­cess Incentive Program. The board of directors of the direct-support organization shall establish policies and procedures which enable private contributors to desig­nate the name of the student, school, or geographic area for which contributions are being provided.

(c) Subject to an annual postaudit by an independ­ent certified public accountant in accordance with rules promulgated by the board. The annual audit shall be submitted to the Department of Insurance and the Audi­tor General for review. The Department of Insurance and Auditor General shall have the authority to require and receive from the organization or its independent auditor any detail or supplemental data relative to the operation of the organization. The identity of a donor or prospec­tive donor who desires to remain anonymous and all information identifying such donor or prospective donor are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such anonymity shall be maintained in the auditor's report.

The Education Success Incentive Council shall be the board of directors of the direct-support organization.

(13) The Department of Education shall administer the Education Success Incentive Program pursuant to rules adopted by the State Board of Education.

History.-·s. 5, ch. 90-236; s 22, ch 91-201; s. 5, ch. 91-429: s. 1, ch. 95-132: s. 1211, ch. 95-147; s. 44, ch. 95-280; s. 8, ch. 95-376; s. 74, ch. 96-406.

•Note.-Section 9(2), ch. 96-404, provides that, unless reenacted into law, the Education Success Incentive Council is dissolved effective July 1, 1997.

2Note.-The term "degree career education" was substituted for the term "postsecondary vocational" by the editors pursuant to the directive of the Legislature in s. 16, ch. 94-232.

CHAPTER 229

FUNCTIONS OF STATE EDUCATIONAL AGENCIES

PARTI

STATE BOARD OF EDUCATION

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