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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE
Chapter 1001
EARLY LEARNING-20 GOVERNANCE
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F.S. 1001.51
11001.51 Duties and responsibilities of district school superintendent.The district school superintendent shall exercise all powers and perform all duties listed below and elsewhere in the law, provided that, in so doing, he or she shall advise and counsel with the district school board. The district school superintendent shall perform all tasks necessary to make sound recommendations, nominations, proposals, and reports required by law to be acted upon by the district school board. All such recommendations, nominations, proposals, and reports by the district school superintendent shall be either recorded in the minutes or shall be made in writing, noted in the minutes, and filed in the public records of the district school board. It shall be presumed that, in the absence of the record required in this section, the recommendations, nominations, and proposals required of the district school superintendent were not contrary to the action taken by the district school board in such matters.
(1) ASSIST IN ORGANIZATION OF DISTRICT SCHOOL BOARD.Preside at the organization meeting of the district school board and transmit to the Department of Education, within 2 weeks following such meeting, a certified copy of the proceedings of organization, including the schedule of regular meetings, and the names and addresses of district school officials.
(2) REGULAR AND SPECIAL MEETINGS OF THE DISTRICT SCHOOL BOARD.Attend all regular meetings of the district school board, call special meetings when emergencies arise, and advise, but not vote, on questions under consideration.
(3) RECORDS FOR THE DISTRICT SCHOOL BOARD.Keep minutes of all official actions and proceedings of the district school board and keep such other records, including records of property held or disposed of by the district school board, as may be necessary to provide complete information regarding the district school system.
(4) SCHOOL PROPERTY.Act for the district school board as custodian of school property.
(5) SCHOOL PROGRAM; PREPARE PLANS.Supervise the assembling of data and sponsor studies and surveys essential to the development of a planned school program for the entire district and prepare and recommend such a program to the district school board as the basis for operating the district school system.
(6) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS, CLASSES, AND SERVICES.Recommend the establishment, organization, and operation of such schools, classes, and services as are needed to provide adequate educational opportunities for all children in the district.
(7) PERSONNEL.Be responsible, as required herein, for directing the work of the personnel, subject to the requirements of chapter 1012.
(8) COURSES OF STUDY AND OTHER INSTRUCTIONAL AIDS.Recommend such plans for improving, providing, distributing, accounting for, and caring for textbooks and other instructional aids as will result in general improvement of the district school system, as prescribed in chapter 1006.
(9) TRANSPORTATION OF STUDENTS.Provide for student transportation as prescribed in s. 1006.21.
(10) SCHOOL PLANT.Recommend plans, and execute such plans as are approved, regarding all phases of the school plant program, as prescribed in chapter 1013.
(11) FINANCE.Recommend measures to the district school board to assure adequate educational facilities throughout the district, in accordance with the financial procedure authorized in chapters 1010 and 1011 and as prescribed below:
(a) Plan for operating all schools for minimum term.Determine and recommend district funds necessary in addition to state funds to provide for at least a 180-day school term or the equivalent on an hourly basis as specified by rules adopted by the State Board of Education and recommend plans for ensuring the operation of all schools for the term authorized by the district school board.
(b) Annual budget.Prepare the annual school budget to be submitted to the district school board for adoption according to law and submit this budget, when adopted by the district school board, to the Department of Education on or before the date required by rules of the State Board of Education.
(c) Tax levies.Recommend to the district school board, on the basis of the needs shown by the budget, the amount of district school tax levy necessary to provide the district school funds needed for the maintenance of the public schools; recommend to the district school board the tax levy required on the basis of the needs shown in the budget for the district bond interest and sinking fund of each district; and recommend to the district school board to be included on the ballot at each district millage election the school district tax levies necessary to carry on the school program.
(d) School funds.Keep an accurate account of all funds that should be transmitted to the district school board for school purposes at various periods during the year and ensure, insofar as possible, that these funds are transmitted promptly and report promptly to the district school board any delinquencies or delays that occur in making available any funds that should be made available for school purposes.
(e) Borrowing money.Recommend when necessary the borrowing of money as prescribed by law.
(f) Financial records and accounting.Keep or have kept accurate records of all financial transactions.
(g) Payrolls and accounts.Maintain accurate and current statements of accounts due to be paid by the district school board; certify these statements as correct; liquidate district school board obligations in accordance with the official budget and rules of the district school board; and prepare periodic reports as required by rules of the State Board of Education, showing receipts, balances, and disbursements to date, and file copies of such periodic reports with the Department of Education.
(h) Bonds for employees.Recommend the bonds of all school employees who should be bonded in order to provide reasonable safeguards for all school funds or property.
(i) Contracts.After study of the feasibility of contractual services with industry, recommend to the district school board the desirable terms, conditions, and specifications for contracts for supplies, materials, or services to be rendered and see that materials, supplies, or services are provided according to contract.
(j) Investment policies.After careful examination, recommend policies to the district school board that will provide for the investment or deposit of school funds not needed for immediate expenditures which shall earn the maximum possible yield under the circumstances on such investments or deposits. The district school superintendent shall cause to be invested at all times all school moneys not immediately needed for expenditures pursuant to the policies of the district school board.
(k) Protection against loss.Recommend programs and procedures to the district school board necessary to protect the school system adequately against loss or damage to school property or against loss resulting from any liability for which the district school board or its officers, agents, or employees may be responsible under law.
(l) Millage elections.Recommend plans and procedures for holding and supervising all school district millage elections.
(m) Budgets and expenditures.Prepare, after consulting with the principals of the various schools, tentative annual budgets for the expenditure of district funds for the benefit of public school students of the district.
(n) Bonds.Recommend the amounts of bonds to be issued in the district and assist in the preparation of the necessary papers for an election to determine whether the proposed bond issue will be approved by the electors and, if such bond issue be approved by the electors, recommend plans for the sale of bonds and for the proper expenditure of the funds derived therefrom.
(12) RECORDS AND REPORTS.Recommend such records as should be kept in addition to those prescribed by rules of the State Board of Education; prepare forms for keeping such records as are approved by the district school board; ensure that such records are properly kept; and make all reports that are needed or required, as follows:
(a) Forms, blanks, and reports.Require that all employees accurately keep all records and promptly make in proper form all reports required by the education code or by rules of the State Board of Education; recommend the keeping of such additional records and the making of such additional reports as may be deemed necessary to provide data essential for the operation of the school system; and prepare such forms and blanks as may be required and ensure that these records and reports are properly prepared. Such records and reports shall include any determination to withhold from a parent information regarding the provision of any services to support the mental, physical, or emotional well-being of the parent’s minor child. Any such determination must be based solely on child-specific information personally known to the school personnel and documented and approved by the school principal or his or her designee. Such determination must be annually reviewed and redetermined.
(b) Reports to the department.Prepare, for the approval of the district school board, all reports required by law or rules of the State Board of Education to be made to the department and transmit promptly all such reports, when approved, to the department, as required by law. If any reports are not transmitted at the time and in the manner prescribed by law or by State Board of Education rules, the salary of the district school superintendent must be withheld until the report has been properly submitted. Unless otherwise provided by rules of the State Board of Education, the annual report on attendance and personnel is due on or before July 1, and the annual school budget and the report on finance are due on the date prescribed by the commissioner.

Any district school superintendent who knowingly signs and transmits to any state official a report that the superintendent knows to be false or incorrect; who knowingly fails to complete the investigation of any allegation of misconduct that affects the health, safety, or welfare of a student, that would be a violation of s. 800.101, or that would be a disqualifying offense under s. 1012.315, or any allegation of sexual misconduct with a student; who knowingly fails to report the alleged misconduct to the department as required in s. 1012.796; or who knowingly fails to report misconduct to the law enforcement agencies with jurisdiction over the conduct pursuant to district school board policy under s. 1001.42(6), forfeits his or her salary for 1 year following the date of such act or failure to act.

(13) COOPERATION WITH OTHER AGENCIES.
(a) Cooperation with governmental agencies in enforcement of laws and rules.Recommend plans for cooperating with, and, on the basis of approved plans, cooperate with federal, state, county, and municipal agencies in the enforcement of laws and rules pertaining to all matters relating to education and child welfare.
(b) Identifying and reporting names of migratory children, other information.Recommend plans for identifying and reporting to the Department of Education the name of each child in the school district who qualifies according to the definition of a migratory child, based on Pub. L. No. 95-561, and for reporting such other information as may be prescribed by the department.
(14) ENFORCEMENT OF LAWS AND RULES.Require that all laws and rules of the State Board of Education, as well as supplementary rules of the district school board, are properly observed and report to the district school board any violation that the district school superintendent does not succeed in having corrected.
(15) COOPERATE WITH DISTRICT SCHOOL BOARD.Cooperate with the district school board in every manner practicable to the end that the district school system may continuously be improved.
(16) VISITATION OF SCHOOLS.Visit the schools; observe the management and instruction; give suggestions for improvement; and advise supervisors, principals, teachers, and other citizens with the view of promoting interest in education and improving the school conditions of the district.
(17) CONFERENCES, INSTITUTES, AND STUDY COURSES.Call and conduct institutes and conferences with employees of the district school board, school patrons, and other interested citizens; organize and direct study and extension courses for employees, advising them as to their professional studies; and assist patrons and people generally in acquiring knowledge of the aims, services, and needs of the schools.
(18) PROFESSIONAL AND GENERAL IMPROVEMENT.Attend such conferences for district school superintendents as may be called or scheduled by the Department of Education and avail himself or herself of means of professional and general improvement so that he or she may function most efficiently.
(19) RECOMMEND REVOKING CERTIFICATES.Recommend in writing to the Department of Education the revoking of any certificate for good cause, including a full statement of the reason for the district school superintendent’s recommendation.
(20) MAKE RECORDS AVAILABLE TO SUCCESSOR.Leave with the district school board and make available to his or her successor, upon retiring from office, a complete inventory of school equipment and other property, together with all official records and such other records as may be needed in supervising instruction and in administering the district school system.
(21) RECOMMEND PROCEDURES FOR INFORMING GENERAL PUBLIC.Recommend to the district school board procedures whereby the general public can be adequately informed of the educational programs, needs, and objectives of public education within the district.
(22) SCHOOL IMPROVEMENT AND ACCOUNTABILITY.Recommend procedures for implementing and maintaining a system of school improvement and education accountability as provided by statute and State Board of Education rule.
(23) PARENTAL INVOLVEMENT.Fully support and cooperate in the implementation of s. 1002.23.
(24) ORDERLY CLASSROOMS AND SCHOOL BUSES.Fully support the authority of each teacher and school bus driver to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and the authority of the school principal to place such students in an alternative educational setting, when appropriate and available.
(25) OTHER DUTIES AND RESPONSIBILITIES.Perform such other duties as are assigned to the district school superintendent by law or by rules of the State Board of Education.
History.s. 71, ch. 2002-387; s. 4, ch. 2003-118; s. 30, ch. 2003-391; s. 30, ch. 2004-41; s. 12, ch. 2006-74; s. 11, ch. 2008-108; s. 7, ch. 2018-150; s. 3, ch. 2021-138; s. 7, ch. 2022-154; s. 11, ch. 2023-220.
1Note.Section 11, ch. 2023-220, reenacted s. 1001.51, effective July 1, 2024.