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Fla. Stat. ch. 1003
CHAPTER 1003
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1003.01 Definitions.
As used in this chapter, the term:
(1) “Alternative measures for students with special needs” or “special programs” means measures designed to meet the special needs of a student that cannot be met by regular school curricula.
(2) “Career education” means education that provides instruction for the following purposes:
(a) At the elementary, middle, and high school levels, exploratory courses designed to give students initial exposure to a broad range of occupations to assist them in preparing their academic and occupational plans, and practical arts courses that provide generic skills that may apply to many occupations but are not designed to prepare students for entry into a specific occupation. Career education provided before high school completion must be designed to strengthen both occupational awareness and academic skills integrated throughout all academic instruction.
(b) At the secondary school level, job-preparatory instruction in the competencies that prepare students for effective entry into an occupation, including diversified cooperative education, work experience, and job-entry programs that coordinate directed study and on-the-job training.
(c) At the postsecondary education level, courses of study that provide competencies needed for entry into specific occupations or for advancement within an occupation.
(3) “Certified unaccompanied homeless youth” means a youth certified as an unaccompanied homeless youth pursuant to s. 743.067.
(4) “Children and youths who are experiencing homelessness,” for programs authorized under subtitle B, Education for Homeless Children and Youths, of Title VII of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. ss. 11431 et seq., means children and youths who lack a fixed, regular, and adequate nighttime residence, and includes:
(a) Children and youths sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; living in motels, hotels, travel trailer parks, or camping grounds due to the lack of alternative adequate accommodations; living in emergency or transitional shelters; or abandoned in hospitals.
(b) Children and youths having a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings.
(c) Children and youths living in cars, parks, public spaces, abandoned buildings, bus or train stations, or similar settings.
(d) Migratory children living in circumstances described in paragraphs (a)-(c).
(5) “Core-curricula courses” means:
(a) Courses in language arts/reading, mathematics, social studies, and science in prekindergarten through grade 3, excluding extracurricular courses pursuant to subsection (11);
(b) Courses in grades 4 through 8 in subjects that are measured by state assessment at any grade level and courses required for middle school promotion, excluding extracurricular courses pursuant to subsection (11);
(c) Courses in grades 9 through 12 in subjects that are measured by state assessment at any grade level and courses that are specifically identified by name in statute as required for high school graduation and that are not measured by state assessment, excluding extracurricular courses pursuant to subsection (11);
(d) Exceptional student education courses; and
(e) English for Speakers of Other Languages courses.
The term is limited in meaning and used for the sole purpose of designating classes that are subject to the maximum class size requirements established in s. 1, Art. IX of the State Constitution. This term does not include courses offered under ss. 1002.321(4)(e), 1002.33(7)(a)2.c., 1002.37, 1002.45, and 1003.499.
(6) “Corporal punishment” means 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.
(7) “District school board” means the members who are elected by the voters of a school district created and existing pursuant to s. 4, Art. IX of the State Constitution to operate and control public K-12 education within the school district.
(8) “Dropout” means a student 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 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 career, adult, home education, 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. 322.091, 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.
The State Board of Education may adopt rules to implement the provisions of this subsection.
(9)(a) “Exceptional student” means any student who has been determined eligible for a special program in accordance with rules of the State Board of Education. The term includes students who are gifted and students with disabilities who have an intellectual disability; autism spectrum disorder; a speech impairment; a language impairment; an orthopedic impairment; an other health impairment; traumatic brain injury; a visual impairment; an emotional or behavioral disability; or a specific learning disability, including, but not limited to, dyslexia, dyscalculia, or developmental aphasia; students who are deaf or hard of hearing or dual sensory impaired; students who are hospitalized or homebound; children with developmental delays ages birth through 9 years or through the student’s completion of grade 2, whichever occurs first, or children, ages birth through 2 years, with established conditions that are identified in State Board of Education rules pursuant to s. 1003.21(1)(e).
(b) “Special education services” means specially designed instruction and such related services as are necessary for an exceptional student to benefit from education. Such services may include transportation; diagnostic and evaluation services; social services; physical and occupational therapy; speech and language pathology services; job placement; orientation and mobility training; braillists, typists, and readers for the blind; interpreters and auditory amplification; services provided by a certified listening and spoken language specialist; 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 rules of the state board.
(10) “Expulsion” means the removal of the right and obligation of a student to attend a public school under conditions set by the district 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.
(11) “Extracurricular courses” means all courses that are not defined as “core-curricula courses,” which may include, but are not limited to, physical education, fine arts, performing fine arts, career education, and courses that may result in college credit. The term is limited in meaning and used for the sole purpose of designating classes that are not subject to the maximum class size requirements established in s. 1, Art. IX of the State Constitution.
(12) “Habitual truant” means a student who has 15 unexcused absences within 90 calendar days with or without the knowledge or consent of the student’s parent, is subject to compulsory school attendance under s. 1003.21(1) and (2)(a), and is not exempt under s. 1003.21(3) or s. 1003.24, 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. 1003.26 and 1003.27(3), 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 984.
(13)(a) “In-school suspension” means the temporary removal of a student from the student’s regular school program and placement in an alternative program, such as that provided in s. 1003.53, under the supervision of district school board personnel, for a period not to exceed 10 school days.
(b) “Suspension,” also referred to as out-of-school suspension, means 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 and remanding of the student to the custody of the student’s parent with specific homework assignments for the student to complete.
(14)(a) “Juvenile justice education programs or schools” means programs or schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, for a school year composed of 250 days of instruction, or the equivalent expressed in hours as specified in State Board of Education rule, distributed over 12 months. If the period of operation is expressed in hours, the State Board of Education must review the calculation annually. A district school board, including an educational entity under s. 985.619, may decrease the minimum number of days of instruction by up to 20 days or equivalent hours as specified in the State Board of Education rule for teacher planning, subject to the approval of the Department of Juvenile Justice and the Department of Education.
(b) “Juvenile justice provider” means the Department of Juvenile Justice, the sheriff, or a private, public, or other governmental organization under contract with the Department of Juvenile Justice or the sheriff that provides treatment, care and custody, or educational programs for youth in juvenile justice intervention, detention, or commitment programs.
(15) “Physical education” means the development or maintenance of skills related to strength, agility, flexibility, movement, and stamina, including dance; the development of knowledge and skills regarding teamwork and fair play; the development of knowledge and skills regarding nutrition and physical fitness as part of a healthy lifestyle; and the development of positive attitudes regarding sound nutrition and physical activity as a component of personal well-being.
(16) “Regular school attendance” means the actual attendance of a student during the school day as defined by law and rules of the State Board of Education. Regular attendance within the intent of s. 1003.21 may be achieved by attendance in:
(a) A public school supported by public funds;
(b) A parochial, religious, or denominational school;
(c) A private school supported in whole or in part by tuition charges or by endowments or gifts;
(d) A home education program that meets the requirements of chapter 1002;
(e) A private tutoring program that meets the requirements of chapter 1002; or
(f) A personalized education program that meets the requirements of s. 1002.395.
(17) “School” means an organization of students for instructional purposes on an elementary, middle or junior high school, secondary or high school, or other public school level authorized under rules of the State Board of Education.
History. — s. 111, ch. 2002-387; s. 1, ch. 2003-391; s. 81, ch. 2004-357; s. 15, ch. 2006-74; s. 2, ch. 2007-28; s. 5, ch. 2008-147; s. 3, ch. 2008-204; s. 6, ch. 2009-164; s. 14, ch. 2011-55; s. 15, ch. 2011-175; s. 10, ch. 2012-133; s. 3, ch. 2013-225; s. 33, ch. 2014-39; s. 1, ch. 2021-70; s. 1, ch. 2022-24; s. 6, ch. 2022-65; s. 148, ch. 2023-8; s. 10, ch. 2023-16; s. 25, ch. 2023-108; s. 25, ch. 2024-133; s. 3, ch. 2024-162.
1003.02 District school board operation and control of public K-12 education within the school district.
As provided in part II of chapter 1001, district school boards are constitutionally and statutorily charged with the operation and control of public K-12 education within their school districts. The district school boards must establish, organize, and operate their public K-12 schools and educational programs, employees, and facilities. Their responsibilities include staff development, public K-12 school student education including education for exceptional students and students in juvenile justice programs, special programs, adult education programs, and career education programs. Additionally, district school boards must:
(1) Provide for the proper accounting for all students of school age, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students in the following areas:
(a) Admission, classification, promotion, and graduation of students. — Adopt rules for admitting, classifying, promoting, and graduating students to or from the various schools of the district.
(b) Enforcement of attendance laws. — Provide for the enforcement of all laws and rules relating to the attendance of students at school. District school boards are authorized to establish policies that allow accumulated unexcused tardies, regardless of when they occur during the school day, and early departures from school to be recorded as unexcused absences. District school boards are also authorized to establish policies that require referral to a school’s child study team for students who have fewer absences than the number required by s. 1003.26(1)(b).
(c) Control of students. —
1. Adopt rules for the control, attendance, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended for expulsion.
2. Maintain a code of student conduct as provided in chapter 1006.
(d) Courses of study and instructional materials. —
1. Provide adequate instructional materials for all students as follows and in accordance with the requirements of chapter 1006, in the core courses of mathematics, language arts, social studies, science, reading, and literature, except for instruction for which the school advisory council approves the use of a program that does not include a textbook as a major tool of instruction.
2. Adopt courses of study for use in the schools of the district.
3. Provide for proper requisitioning, distribution, accounting, storage, care, and use of all instructional materials as may be needed, and ensure that instructional materials used in the district are consistent with the district goals and objectives and the course descriptions approved by the State Board of Education, as well as with the state and school district performance standards required by law and state board rule.
(e) Transportation. — Make provision for the transportation of students to the public schools or school activities they are required or expected to attend, efficiently and economically, in accordance with the requirements of chapter 1006, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
(f) Facilities and school plant. —
1. Approve and adopt a districtwide school facilities program, in accordance with the requirements of chapter 1013.
2. Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in chapter 1013.
3. Approve and adopt a districtwide school building program.
4. Select and purchase school sites, playgrounds, and recreational areas located at centers at which schools are to be constructed, of adequate size to meet the needs of projected students to be accommodated.
5. Approve the proposed purchase of any site, playground, or recreational area for which school district funds are to be used.
6. Expand existing sites.
7. Rent buildings when necessary, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
8. Enter into leases or lease-purchase arrangements, in accordance with the requirements and conditions provided in s. 1013.15(2).
9. Provide for the proper supervision of construction.
10. Make or contract for additions, alterations, and repairs on buildings and other school properties.
11. Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of students, as well as for economy of construction.
12. Provide adequately for the proper maintenance and upkeep of school plants, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
13. Carry insurance on every school building in all school plants including contents, boilers, and machinery, except buildings of three classrooms or less which are of frame construction and located in a tenth class public protection zone as defined by the Florida Inspection and Rating Bureau, and on all school buses and other property under the control of the district school board or title to which is vested in the district school board, except as exceptions may be authorized under rules of the State Board of Education.
14. Condemn and prohibit the use for public school purposes of any building under the control of the district school board.
(g) School operation. —
1. Provide for the operation of all public schools as free schools for a term of 180 days or the equivalent on an hourly basis as specified by rules of the State Board of Education; determine district school funds necessary in addition to state funds to operate all schools for the minimum term; and arrange for the levying of district school taxes necessary to provide the amount needed from district sources.
2. Prepare, adopt, and timely submit to the Department of Education, as required by law and by rules of the State Board of Education, the annual school budget, so as to promote the improvement of the district school system.
3. Provide and adopt an Internet safety policy for student access to the Internet provided by the school district which:
a. Limits access by students to only age-appropriate subject matter and materials on the Internet.
b. Protects the safety and security of students when using e-mail, chat rooms, and other forms of direct electronic communications.
c. Prohibits access by students to data or information, including so-called “hacking,” and other unlawful online activities by students.
d. Prevents access to websites, web applications, or software that does not protect against the disclosure, use, or dissemination of students’ personal information.
4. Prohibit and prevent students from accessing social media platforms through the use of Internet access provided by the school district, except when expressly directed by a teacher solely for educational purposes.
5. Prohibit the use of the TikTok platform or any successor platform on district-owned devices, through Internet access provided by the school district, or as a platform to communicate or promote any district school, school-sponsored club, extracurricular organization, or athletic team.
The State Board of Education shall adopt rules to administer this paragraph.
(h) Records and reports. —
1. Keep all necessary records and make all needed and required reports, as required by law or by rules of the State Board of Education.
2. At regular intervals require reports to be made by principals or teachers in all public schools to the parents of the students enrolled and in attendance at their schools, apprising them of the academic and other progress being made by the student and giving other useful information.
(i) Notification of acceleration, academic, and career planning options. — At the beginning of each school year, notify students in or entering high school and the students’ parents, in a language that is understandable to students and parents, of the opportunity and benefits of advanced placement, International Baccalaureate, Advanced International Certificate of Education, and dual enrollment courses; career and professional academies; career-themed courses; the career and technical education pathway to earn a standard high school diploma under s. 1003.4282(10); work-based learning opportunities, including internships and apprenticeship and preapprenticeship programs; foundational and soft-skill credentialing programs under s. 445.06; Florida Virtual School courses; and options for early graduation under s. 1003.4281, and provide those students and parents with guidance on accessing and using Florida’s online career planning and work-based learning coordination system and the contact information of a certified school counselor who can advise students and parents on those options.
(j) Return on investment. — Notify the parent of a student who earns an industry certification that articulates for postsecondary credit of the estimated cost savings to the parent before the student’s high school graduation versus the cost of acquiring such certification after high school graduation, which would include the tuition and fees associated with available postsecondary credits. Also, the student and the parent must be informed of any additional industry certifications available to the student.
(k) Instructions on emergency first aid for choking. — Require a poster that contains step-by-step instructions on how to provide emergency first aid for choking on conscious individuals to be posted in each public school cafeteria within the school district. The poster must be easily visible and prominently placed.
(2) Require that all laws, all rules of the State Board of Education, and all rules of the district school board are properly enforced.
(3) Maintain a system of school improvement and education accountability as required by law and State Board of Education rule, including but not limited to the requirements of chapter 1008.
(4) In order to reduce the anonymity of students in large schools, adopt policies that encourage subdivision of the school into schools-within-a-school, which shall operate within existing resources. A “school-within-a-school” means an operational program that uses flexible scheduling, team planning, and curricular and instructional innovation to organize groups of students with groups of teachers as smaller units, so as to functionally operate as a smaller school. Examples of this include, but are not limited to:
(a) An organizational arrangement assigning both students and teachers to smaller units in which the students take some or all of their coursework with their fellow grouped students and from the teachers assigned to the smaller unit. A unit may be grouped together for 1 year or on a vertical, multiyear basis.
(b) An organizational arrangement similar to that described in paragraph (a) with additional variations in instruction and curriculum. The smaller unit usually seeks to maintain a program different from that of the larger school, or of other smaller units. It may be vertically organized, but is dependent upon the school principal for its existence, budget, and staff.
(c) A separate and autonomous smaller unit formally authorized by the district school board or district school superintendent. The smaller unit plans and runs its own program, has its own staff and students, and receives its own separate budget. The smaller unit must negotiate the use of common space with the larger school and defer to the building principal on matters of safety and building operation.
(5) Participate in the planning process for promoting a coordinated system of care for children and adolescents pursuant to s. 394.4955.
History. — s. 112, ch. 2002-387; s. 10, ch. 2003-391; s. 82, ch. 2004-357; s. 3, ch. 2006-301; s. 2, ch. 2008-43; s. 13, ch. 2009-59; s. 6, ch. 2012-191; s. 9, ch. 2013-27; s. 34, ch. 2014-39; s. 2, ch. 2014-184; s. 9, ch. 2020-107; s. 1, ch. 2023-36; s. 19, ch. 2023-81; s. 1, ch. 2023-89; s. 6, ch. 2023-102; s. 78, ch. 2024-2.
1003.03 Maximum class size.
(1) CLASS SIZE MAXIMUMS. — Each year, on or before the October student membership survey, the following class size maximums shall be satisfied:
(a) The maximum number of students assigned to each teacher who is teaching core-curricula courses in public school classrooms for prekindergarten through grade 3 may not exceed 18 students.
(b) The maximum number of students assigned to each teacher who is teaching core-curricula courses in public school classrooms for grades 4 through 8 may not exceed 22 students. The maximum number of students assigned to a core-curricula high school course in which a student in grades 4 through 8 is enrolled shall be governed by the requirements in paragraph (c).
(c) The maximum number of students assigned to each teacher who is teaching core-curricula courses in public school classrooms for grades 9 through 12 may not exceed 25 students.
These maximums shall be maintained after the October student membership survey, except as provided in paragraph (2)(b) or due to an extreme emergency beyond the control of the district school board.
(2) IMPLEMENTATION. —
(a) The Department of Education shall annually calculate class size measures described in subsection (1) based upon the October student membership survey.
(b) A student who enrolls in a school after the October student membership survey may be assigned to an existing class that temporarily exceeds the maximum number of students in subsection (1) if the district school board determines it to be impractical, educationally unsound, or disruptive to student learning to not assign the student to the class. If the district school board makes this determination:
1. Up to three students may be assigned to a teacher in kindergarten through grade 3 above the maximum as provided in paragraph (1)(a);
2. Up to five students may be assigned to a teacher in grades 4 through 12 above the maximum as provided in paragraphs (1)(b) and (c), respectively; and
3. The district school board shall develop a plan that provides that the school will be in full compliance with the maximum class size in subsection (1) by the next October student membership survey.
(3) IMPLEMENTATION OPTIONS. — District school boards must consider, but are not limited to, implementing the following items in order to meet the constitutional class size maximums described in subsection (1):
(a) Adopt policies to encourage qualified students to take dual enrollment courses.
(b) Adopt policies to encourage students to take courses from the Florida Virtual School and other virtual instruction options under s. 1002.45.
(c)1. Repeal district school board policies that require students to earn more than the 24 credits to graduate from high school.
2. Implement the early graduation options provided in ss. 1002.3105(5) and 1003.4281.
(d) Use methods to maximize use of instructional staff, such as changing required teaching loads and scheduling of planning periods, deploying district employees that have professional certification to the classroom, using adjunct educators, or any other method not prohibited by law.
(e) Use innovative methods to reduce the cost of school construction by using prototype school designs, using SMART Schools designs, or any other method not prohibited by law.
(f) Use joint-use facilities through partnerships with Florida College System institutions, state universities, and private colleges and universities. Joint-use facilities available for use as K-12 classrooms that do not meet the K-12 State Regulations for Educational Facilities in the Florida Building Code may be used at the discretion of the district school board provided that such facilities meet all other health, life, safety, and fire codes.
(g) Adopt alternative methods of class scheduling, such as block scheduling.
(h) Redraw school attendance zones to maximize use of facilities while minimizing the additional use of transportation.
(i) Operate schools beyond the normal operating hours to provide classes in the evening or operate more than one session of school during the day.
(j) Use year-round schools and other nontraditional calendars that do not adversely impact annual assessment of student achievement.
(k) Review and consider amending any collective bargaining contracts that hinder the implementation of class size reduction.
(l) Use any other approach not prohibited by law.
(4) ACCOUNTABILITY. — Each district that has not complied with the requirements in subsection (1), based on the October student membership survey, shall submit to the commissioner by February 1 a plan certified by the district school board that describes the specific actions the district will take in order to fully comply with the requirements in subsection (1) by October of the following school year.
(5) TEAM-TEACHING STRATEGIES. —
(a) School districts may use teaching strategies that include the assignment of more than one teacher to a classroom of students and that were implemented before July 1, 2005. Effective July 1, 2005, school districts may implement additional teaching strategies that include the assignment of more than one teacher to a classroom of students for the following purposes only:
1. Pairing teachers for the purpose of staff development.
2. Pairing new teachers with veteran teachers.
3. Reducing turnover among new teachers.
4. Pairing teachers who are teaching out-of-field with teachers who are in-field.
5. Providing for more flexibility and innovation in the classroom.
6. Improving learning opportunities for students, including students who have disabilities.
(b) Teaching strategies, including team teaching, co-teaching, or inclusion teaching, implemented on or after July 1, 2005, pursuant to paragraph (a) may be implemented subject to the following restrictions:
1. Reasonable limits shall be placed on the number of students in a classroom so that classrooms are not overcrowded. Teacher-to-student ratios within a curriculum area or grade level must not exceed constitutional limits.
2. At least one member of the team must have at least 3 years of teaching experience.
3. At least one member of the team must be teaching in-field.
4. The teachers must be trained in team-teaching methods within 1 year after assignment.
(c) As used in this subsection, the term:
1. “Team teaching” or “co-teaching” means two or more teachers are assigned to a group of students and each teacher is responsible for all of the students during the entire class period. In order to be considered team teaching or co-teaching, each teacher is responsible for planning, delivering, and evaluating instruction for all students in the class or subject for the entire class period.
2. “Inclusion teaching” means two or more teachers are assigned to a group of students, but one of the teachers is responsible for only one student or a small group of students in the classroom.
The use of strategies implemented as outlined in this subsection meets the letter and intent of the State Constitution and the Florida Statutes which relate to implementing class size reduction, and this subsection applies retroactively. A school district may not be penalized financially or otherwise as a result of the use of any legal strategy, including, but not limited to, those set forth in subsection (3) and this subsection.
(6) COURSES FOR COMPLIANCE. — Consistent with s. 1003.01(5), the Department of Education shall identify from the Course Code Directory the core-curricula courses for the purpose of satisfying the maximum class size requirement in this section. The department may adopt rules to implement this subsection, if necessary.
History. — s. 113, ch. 2002-387; s. 2, ch. 2003-391; s. 59, ch. 2005-152; s. 16, ch. 2006-74; s. 2, ch. 2007-59; s. 7, ch. 2007-98; s. 1, ch. 2007-328; s. 5, ch. 2008-142; s. 9, ch. 2009-3; s. 14, ch. 2009-59; ss. 11, 12, ch. 2010-154; s. 31, ch. 2011-5; s. 15, ch. 2011-55; s. 13, ch. 2011-137; s. 11, ch. 2012-133; s. 10, ch. 2013-27; s. 45, ch. 2013-35; s. 35, ch. 2014-39; s. 149, ch. 2023-8; s. 1, ch. 2023-104; ss. 23, 53, ch. 2023-245.
1003.035 Prohibited expenditures.
A public school, including a charter school, school district, charter school administrator, or direct-support organization for any such school or school district, may not expend any state or federal funds to promote, support, or maintain any programs or campus activities that:
(1) Promote a domestic terrorist organization or a foreign terrorist organization whose designation as such has been published in the Florida Administrative Register in accordance with s. 943.03102.
(2) Promote a person or entity providing material support, as defined in s. 775.33, to a domestic terrorist organization or a foreign terrorist organization whose designation as such has been published in the Florida Administrative Register in accordance with s. 943.03102.
History. — s. 10, ch. 2026-28.
1003.04 Student conduct and parental involvement.
(1) Each public K-12 student must remain in attendance throughout the school year, unless excused by the school for illness or other good cause, and must comply fully with the school’s code of conduct.
(2) The parent of each public K-12 student must cooperate with the authority of the student’s district school board, superintendent, principal, teachers, and school bus drivers, according to ss. 1003.31 and 1003.32, to remove the student from the classroom and the school bus and, when appropriate and available, to place the student in an alternative educational setting, if the student is disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive.
(3) It is the goal of the Legislature and each district school board that the parent of each public K-12 student comply with the school’s reasonable and time-acceptable parental involvement requests.
History. — s. 114, ch. 2002-387; s. 34, ch. 2003-391.
1003.05 Assistance to transitioning students from military families.
(1) The Legislature finds that school-aged dependents of military personnel, otherwise known as military students, are faced with numerous transitions during their formative years and that moves during the high school years provide special challenges to learning and future achievement. Recognizing the challenges faced by military students and the importance of military families to our community and economy, the Department of Education shall assist the transition of these students by improving the timely transfer of records, developing systems to ease student transition during the first 2 weeks of enrollment, promoting practices which foster access to extracurricular programs, establishing procedures to lessen the adverse impact of moves from the end of the junior year as well as before and during the senior year, encouraging or continuing partnerships between the military base and the school system, providing services for transitioning students when applying to and finding funding for postsecondary study, and providing other assistance as identified by department, school, and military personnel.
(2) The Department of Education shall facilitate the development and implementation of memoranda of agreement between school districts and military installations which address strategies for assisting students who are the children of active duty military personnel in the transition to Florida schools.
(a) The strategies developed by the department must include the development and implementation of a training module relating to facilitating and expediting the transfer of a K-12 student’s education records from an out-of-state school.
(b) The department shall provide the training module required under paragraph (a) to each district school board to provide to each public and charter K-12 school within its district. The district school board shall make the training available to employees who work directly with military students and families.
(3)(a) Dependent children of active duty military personnel who otherwise meet the eligibility criteria for special academic programs offered through public schools:
1. Shall be given first preference for admission to such programs even if the program is being offered through a public school other than the school to which the student would generally be assigned.
2. Must be enrolled in such program if the student’s parent is transferred to the state during the school year.
(b) If such a program is offered through a public school other than the school to which the student would generally be assigned, the parent or guardian of the student must assume responsibility for transporting the student to that school. For purposes of this subsection, special academic programs include magnet schools, advanced studies programs, advanced placement, dual enrollment, Advanced International Certificate of Education, and International Baccalaureate.
(4) A student whose parent is transferred or is pending transfer to a military installation within the state while on active military duty pursuant to an official military order shall be considered a resident of the school district for purposes of enrollment when the order is submitted to the school district and shall be provided preferential treatment in the controlled open enrollment process of the school district pursuant to s. 1002.31. A student whose parent is transferred within the state after the controlled open enrollment window may enroll in any school within the state.
History. — s. 1, ch. 2003-44; s. 12, ch. 2004-230; s. 17, ch. 2006-74; s. 8, ch. 2006-190; s. 4, ch. 2019-144; s. 1, ch. 2020-75; s. 2, ch. 2023-104; s. 27, ch. 2025-110.
1003.051 Purple Star Campuses.
(1) As used in this section, the term “military student” means a student who is:
(a) Enrolled in a school district, charter school, or any school or educational institution participating in an educational choice scholarship program established pursuant to chapter 1002; and
(b) A dependent of a current member of the United States military serving on active duty in, or a former member of, the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard; a reserve component of any branch of the United States military; or the Florida National Guard.
(2)(a) The Department of Education shall establish the Purple Star Campus program. At a minimum, the program must require a participating school to:
1. Designate a staff member as a military liaison.
2. Maintain a web page on the school’s website which includes resources for military students and their families.
3. Maintain a student-led transition program that assists military students in transitioning into the school.
4. Offer professional learning training opportunities for staff members on issues relating to military students.
5. Reserve at least 5 percent of controlled open enrollment seats for military students.
(b) The department may establish additional criteria to identify schools that demonstrate a commitment to or provide critical transition supports for military-connected families, such as hosting an annual military recognition event, partnering with a school liaison officer from a military installation, supporting projects that connect the school with the military community, and providing outreach for military parents and their children.
(3) A school may partner with a school district to procure digital, professional learning, or other assistance necessary for the school to meet the criteria specified in subsection (2).
(4) The State Board of Education shall adopt rules to implement this section.
History. — s. 1, ch. 2021-65; s. 23, ch. 2022-183; s. 15, ch. 2024-5.
1003.052 The Purple Star School District Program.
(1)(a) The Department of Education shall establish the Purple Star School District Program. At a minimum, the program must require a participating school district to:
1. Have at least 75 percent of the schools within the district be designated as Purple Star Campuses under s. 1003.051.
2. Maintain a web page on the district’s website which includes resources for military students and their families and a link to each Purple Star Campus’s web page that meets the requirements of s. 1003.051(2)(a)2.
(b) The department may establish additional program criteria to identify school districts that demonstrate a commitment to or provide critical coordination of services for military students and their families, including, but not limited to, establishing a council consisting of a representative from each Purple Star Campus in the district and one district-level representative to ensure the alignment of military student-focused policies and procedures within the district.
(2) The State Board of Education may adopt rules to administer this section.
History. — s. 11, ch. 2024-101.
1003.06 Classroom placement of multiple birth siblings.
(1) As used in this section, the term “multiple birth siblings” means twins, triplets, quadruplets, or other siblings resulting from a multiple birth.
(2)(a) The parent of multiple birth siblings who are assigned to the same grade level and school may request in writing that the school place the siblings in the same classroom or in separate classrooms. The request must be made no later than 5 days before the first day of each school year or 5 days after the first day of attendance of students during the school year if the students are enrolled in the school after the school year commences.
(b) The school may recommend to the parent the appropriate classroom placement for multiple birth siblings and may provide professional educational advice to assist the parent with the decision regarding appropriate classroom placement.
(3) Except as provided in subsection (4) or subsection (5), a school shall provide the multiple birth siblings with the classroom placement requested by the parent.
(4)(a) A school is not required to place multiple birth siblings in the same classroom if factual evidence of performance shows proof that the multiple birth siblings should be separated.
(b) A school is not required to place multiple birth siblings in separate classrooms if the request would require the school district to add an additional class to the grade level of the multiple birth siblings.
(5)(a) At the end of the first grading period following the multiple birth siblings’ enrollment in the school, if the principal of the school, in consultation with the teacher of each classroom in which the multiple birth siblings are placed, determines that the requested classroom placement is disruptive to the school, the principal may determine the appropriate classroom placement for the siblings.
(b) A parent may appeal the principal’s classroom placement of multiple birth siblings in the manner provided by school district policy. During an appeal, the multiple birth siblings shall remain in the classroom chosen by the parent.
(6) This section does not affect:
(a) A right or obligation under s. 1003.57 or under the Individuals with Disabilities Education Act, 20 U.S.C. ss. 1400 et seq., regarding the individual placement decisions of the school district; or
(b) The right of a school district, principal, or teacher to remove a student from a classroom pursuant to school district student discipline policies.
History. — s. 1, ch. 2008-210.
1003.07 Year-round School Pilot Program.
Beginning with the 2024-2025 school year, the Year-round School Pilot Program is created for a period of 4 school years. The purpose of the program is for the Department of Education to assist school districts in establishing a year-round school program within at least one elementary school in the district and study the issues, benefits, and schedule options for instituting year-round school programs for all students.
(1)(a) School districts shall apply to the Department of Education, in a format and by a date prescribed by the department, to participate in the program. The application must include:
1. The number of students enrolled in the elementary school or schools that will implement a year-round school program.
2. The academic performance of the students enrolled in such school or schools.
3. The rate of absenteeism and tardiness of students enrolled in such school or schools.
4. The commitment of such school’s or schools’ instructional personnel and students to the year-round school program.
5. An explanation of how the implementation of the year-round school program will benefit the students.
(b) The Commissioner of Education shall select five school districts to participate in the program. To the extent possible, the commissioner shall select school districts that represent a variety of demographics, including, but not limited to, an urban, a suburban, and a rural school district.
(2) A school district enrolled in a year-round school program shall:
(a) Implement a single-track or multitrack schedule.
(b) Provide data to the department to allow for:
1. An assessment of the academic and safety benefits associated with establishing a year-round school program.
2. An evaluation of any potential barriers for the school district upon implementation of a year-round school program, including, but not limited to:
a. Issues related to the commitment of instructional personnel and students.
b. The provision of services during the summer months.
c. School district budgeting.
d. Parental engagement and participation.
e. Coordination with community services.
f. Student assessment and progression practices.
g. Student transportation.
3. The consideration of strategies for addressing such potential barriers.
(3) Upon completion of the program, the commissioner shall provide a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report must include:
(a) The number of students enrolled at participating schools.
(b) The number of students enrolled at participating schools before and after the implementation of the year-round school program.
(c) Any health, academic, and safety benefits for students or instructional personnel from the implementation of the year-round school program.
(d) An evaluation of any potential barriers for school districts and families associated with a year-round school program.
(e) The commissioner’s recommendation on the adoption of year-round school programs for all students.
(4) The State Board of Education may adopt rules to administer the program.
History. — s. 5, ch. 2023-39; s. 1, ch. 2023-66.
PART II SCHOOL ATTENDANCE
1003.21 School attendance.
1003.22 School-entry health examinations; immunization against communicable diseases; exemptions; duties of Department of Health.
1003.225 Water safety and swimming certification.
1003.23 Attendance records and reports.
1003.24 Parents responsible for attendance of children; attendance policy.
1003.25 Procedures for maintenance and transfer of student records.
1003.26 Enforcement of school attendance.
1003.27 Court procedure and penalties.
1003.28 Continuation of truancy remedial activities upon transfer of student; retention of legal jurisdiction.
1003.29 Notice to schools of court action.
1003.21 School attendance.
(1)(a)1. All children who have attained the age of 6 years or who will have attained the age of 6 years by February 1 of any school year or who are older than 6 years of age but who have not attained the age of 16 years, except as otherwise provided, are required to attend school regularly during the entire school term.
2. Children who will have attained the age of 5 years on or before September 1 of the school year are eligible for admission to public kindergartens during that school year under rules adopted by the district school board.
(b) Any child who has attained the age of 6 years on or before September 1 of the school year and who has been enrolled in a public school or who has attained the age of 6 years on or before September 1 and has satisfactorily completed the requirements for kindergarten in a private school from which the district school board accepts transfer of academic credit, or who otherwise meets the criteria for admission or transfer in a manner similar to that applicable to other grades, shall progress according to the district’s student progression plan. However, nothing in this section shall authorize the state or any school district to oversee or exercise control over the curricula or academic programs of private schools or home education programs.
(c) A student who attains the age of 16 years during the school year is not subject to compulsory school attendance beyond the date upon which he or she attains that age if the student files a formal declaration of intent to terminate school enrollment with the district school board. Public school students who have attained the age of 16 years and who have not graduated are subject to compulsory school attendance until the formal declaration of intent is filed with the district school board. The declaration must acknowledge that terminating school enrollment is likely to reduce the student’s earning potential and must be signed by the student and the student’s parent. The school district shall notify the student’s parent of receipt of the student’s declaration of intent to terminate school enrollment. The student’s certified school counselor or other school personnel shall conduct an exit interview with the student to determine the reasons for the student’s decision to terminate school enrollment and actions that could be taken to keep the student in school. The student’s certified school counselor or other school personnel shall inform the student of opportunities to continue his or her education in a different environment, including, but not limited to, adult education, high school equivalency examination preparation, and the Graduation Alternative to Traditional Education Program under s. 1004.933. Additionally, the student shall complete a survey in a format prescribed by the Department of Education to provide data on student reasons for terminating enrollment and actions taken by schools to keep students enrolled.
(d) Students who become or have become married and students who are pregnant shall not be prohibited from attending school. These students and students who are parents shall receive the same educational instruction or its equivalent as other students, but may voluntarily be assigned to a class or program suited to their special needs. Consistent with s. 1003.54, pregnant or parenting teens may participate in a teenage parent program. Pregnant students may attend alternative education programs or adult education programs, provided that the curriculum allows the student to continue to work toward a high school diploma.
(e) Consistent with rules adopted by the State Board of Education, children with disabilities who have attained the age of 3 years shall be eligible for admission to public special education programs and for related services. Children with disabilities younger than 3 years of age who are deaf or hard of hearing, visually impaired, dual sensory impaired, orthopedically impaired, or other health impaired or who have experienced traumatic brain injury, have autism spectrum disorder, have established conditions, or exhibit developmental delays or intellectual disabilities may be eligible for special programs and may receive services in accordance with rules of the State Board of Education. Rules for the identification of established conditions for children birth through 2 years of age and developmental delays for children birth through 9 years of age or through the student’s completion of grade 2, whichever occurs first, must be adopted by the State Board of Education.
(f) Children and youths who are experiencing homelessness and children who are known to the department, as defined in s. 39.0016, must have access to a free public education and must be admitted to school in the school district in which they or their families live. School districts shall assist such children in meeting the requirements of subsection (4) and s. 1003.22, as well as local requirements for documentation.
(2)(a) The State Board of Education may adopt rules under which students not meeting the entrance age may be transferred from another state if their parents have been legal residents of that state.
(b) Each district school board, in accordance with rules of the State Board of Education, shall adopt policies authorizing a parent to request and be granted permission for absence of a student from school for:
1. Religious instruction or religious holidays.
2. An appointment scheduled to receive a therapy service provided by a licensed health care practitioner or behavior analyst certified pursuant to s. 393.17 for the treatment of autism spectrum disorder, including, but not limited to, applied behavioral analysis, speech therapy, and occupational therapy.
(3) The district school superintendent may authorize certificates of exemptions from school attendance requirements in certain situations. Students within the compulsory attendance age limits who hold valid certificates of exemption that have been issued by the superintendent shall be exempt from attending school. A certificate of exemption shall cease to be valid at the end of the school year in which it is issued.
(4) Before admitting a child to kindergarten, the principal shall require evidence that the child has attained the age at which he or she should be admitted in accordance with the provisions of subparagraph (1)(a)2. The district school superintendent may require evidence of the age of any child who is being enrolled in public school and who the district school superintendent believes to be within the limits of compulsory attendance as provided for by law; however, the district school superintendent may not require evidence from any child who meets regular attendance requirements by attending a school or program listed in s. 1003.01(16)(b)-(e). If the first prescribed evidence is not available, the next evidence obtainable in the order set forth below shall be accepted:
(a) A duly attested transcript of the child’s birth record filed according to law with a public officer charged with the duty of recording births;
(b) A duly attested transcript of a certificate of baptism showing the date of birth and place of baptism of the child, accompanied by an affidavit sworn to by the parent;
(c) An insurance policy on the child’s life that has been in force for at least 2 years;
(d) A bona fide contemporary religious record of the child’s birth accompanied by an affidavit sworn to by the parent;
(e) A passport or certificate of arrival in the United States showing the age of the child;
(f) A transcript of record of age shown in the child’s school record of at least 4 years prior to application, stating date of birth; or
(g) If none of these evidences can be produced, an affidavit of age sworn to by the parent, accompanied by a certificate of age signed by a public health officer or by a public school physician, or, if these are not available in the county, by a licensed practicing physician designated by the district school board, which states that the health officer or physician has examined the child and believes that the age as stated in the affidavit is substantially correct. Children and youths who are experiencing homelessness and children who are known to the department, as defined in s. 39.0016, shall be given temporary exemption from this section for 30 school days.
History. — s. 116, ch. 2002-387; s. 18, ch. 2006-74; s. 4, ch. 2006-301; s. 4, ch. 2008-204; s. 5, ch. 2009-35; s. 7, ch. 2009-164; s. 4, ch. 2013-89; s. 16, ch. 2014-20; s. 93, ch. 2016-10; s. 58, ch. 2017-116; s. 2, ch. 2018-134; s. 2, ch. 2022-24; s. 150, ch. 2023-8; s. 3, ch. 2024-161.
1003.22 School-entry health examinations; immunization against communicable diseases; exemptions; duties of Department of Health.
(1) Each district school board and the governing authority of each private school shall require that each child who is entitled to admittance to kindergarten, or is entitled to any other initial entrance into a public or private school in this state, present a certification of a school-entry health examination performed within 1 year before enrollment in school. Each district school board, and the governing authority of each private school, may establish a policy that permits a student up to 30 school days to present a certification of a school-entry health examination. Children and youths who are experiencing homelessness and children who are known to the department, as defined in s. 39.0016, shall be given a temporary exemption for 30 school days. Any district school board that establishes such a policy shall include provisions in its local school health services plan to assist students in obtaining the health examinations. However, a child shall be exempted from the requirement of a health examination upon written request of the parent of the child stating objections to the examination on religious grounds.
(2) The State Board of Education, subject to the concurrence of the Department of Health, shall adopt rules to govern medical examinations and immunizations performed under this section.
(3) The Department of Health may adopt rules necessary to administer and enforce this section. The Department of Health, after consultation with the Department of Education, shall adopt rules governing the immunization of children against, the testing for, and the control of preventable communicable diseases. The rules must include procedures for exempting a child from immunization requirements. Immunizations shall be required for poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps, tetanus, and other communicable diseases as determined by rules of the Department of Health. The manner and frequency of administration of the immunization or testing shall conform to recognized standards of medical practice. The Department of Health shall supervise and secure the enforcement of the required immunization. Immunizations required by this section shall be available at no cost from the county health departments.
(4) Each district school board and the governing authority of each private school shall establish and enforce policies that:
(a) Prior to admittance to or attendance in a public or private school, grades kindergarten through 12, or any other initial entrance into a Florida public or private school, require each child to have on file with the immunization registry a certification of immunization for the prevention of those communicable diseases for which immunization is required by the Department of Health. Any child who is excluded from participation in the immunization registry pursuant to s. 381.003(1)(e)2. must present or have on file with the school such certification of immunization. Certification of immunization shall be made on forms approved and provided by the Department of Health or be on file with the immunization registry and shall become a part of each student’s permanent record, to be transferred when the student transfers, is promoted, or changes schools. The transfer of such immunization certification by Florida public
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