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The Florida Statutes

The 2001 Florida Statutes

Title XVI
Chapter 228
Public Education: General Provisions
View Entire Chapter
Section 228.041, Florida Statutes 2001

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 schools.--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 colleges.--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 career education, and of adult continuing education.

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

(d)  Other educational institutions.--Other state-supported institutions primarily of an educational nature shall be considered parts of the state system of public education. The educational functions of other state-supported institutions which are not primarily of an educational nature but which have specific educational responsibilities shall be considered responsibilities belonging to the state system of public education.

(e)  Other education-related services.--Other education-related services may include health services, and other special services and functions as may be authorized by law or rule as necessary to improve, promote, or protect the education system.

(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 Commissioner of Education or 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 Commissioner 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.--"Instructional 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 specialists.--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)-(c). Included in this classification are primary specialists, learning resource specialists, instructional trainers, adjunct educators certified pursuant to s. 231.1726, and similar positions.

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

1.  Principals or school directors who are staff members 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 PATRON.--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 Commissioner 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 postschool conferences 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 rules of the Commissioner of Education or the State Board of Education. 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.

(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)  CAREER EDUCATION.--"Career education" is vocational education that provides instruction for the following purposes:

(a)  At the elementary, middle, and secondary 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. Vocational and career instruction provided before high school completion must be designed to enhance both vocational and academic skills through integration with 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 vocational competencies needed for entry into specific occupations or for advancement within an occupation.

(23)  EDUCATION PARAPROFESSIONAL.--An education paraprofessional 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.


(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 and remanding of the student to the custody of the student's parent with specific homework assignments for the student to complete.

(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 in s. 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 calendar days with or without the knowledge or consent of the student's parent or legal guardian, is subject to compulsory school attendance under s. 232.01, and is not exempt under 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(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.

(29)  DROPOUT.--A dropout is 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 vocational, 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.

(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 directed by his or her parent or guardian in order to satisfy the requirements of ss. 232.01 and 232.0201.

(35)  HOMELESS CHILD.--A homeless child is:

(a)  One who lacks a fixed, regular nighttime residence;

(b)  One who has a primary nighttime residence that is:

1.  A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing for the mentally ill;

2.  An institution that provides a temporary residence for individuals intended to be institutionalized; or

3.  A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or

(c)  One who temporarily resides with an adult other than his or her parent or guardian because the parent or guardian is suffering financial hardship.

A child who is imprisoned, detained, or in the custody of the state pursuant to a state or federal law is not a homeless child.

(36)  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.

(37)  YEAR-ROUND SCHOOL.--The term "year-round 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.

(38)  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 post-high 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-the-job 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.

(39)  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.

(40)  GRADUATION RATE.--The term "graduation rate" means the percentage of students who graduate from high school within 4 years after entering 9th grade for the first time, not counting students who transfer out of the student population to enroll in another school system; students who withdraw to enroll in a private school, a home education program, or an adult education program; or deceased students. Incoming transfer students, at the time of their enrollment, are included in the count of the class with which they are scheduled to graduate. For this rate calculation, students are counted as graduates upon receiving a standard high school diploma, as provided in s. 232.246, or a special diploma, as provided in s. 232.247. Also counted as graduates are students 19 years of age or younger who receive a general equivalency diploma, as provided in s. 229.814. The number of 9th grade students used in the calculation of a graduation rate for this state shall be students enrolling in the grade for the first time. In conjunction with calculating the graduation rate for this state, the Department of Education shall conduct a study to evaluate the impact of the rate of students who withdraw from high school to attend adult education programs and the students in exceptional student education programs. The department shall report its findings to the Legislature by February 1, 2000. The Department of Education may calculate a 5-year graduation rate using the same methodology described in this section.

1(41)  HABITUAL TRUANCY RATE.--The term "habitual truancy rate" means the annual percentage of students in membership within the age of compulsory school attendance pursuant to s. 232.01 who are classified as habitual truants as defined in subsection (28).

(42)  DROPOUT RATE.--The term "high school dropout rate" means the annual percentage calculated by dividing the number of students in grades 9 through 12 who are classified as dropouts, pursuant to subsection (29), by the total number of students in grades 9-12 in attendance at any time during the school year. The Department of Education shall report the number of students initially classified as students who transfer to an adult education program but who do not enroll in an adult education program.

(43)  SCHOOL YEAR FOR JUVENILE JUSTICE PROGRAMS.--For schools operating for the purpose of providing educational services to youth in Department of Juvenile Justice programs, the school year shall be comprised of 250 days of instruction distributed over 12 months. At the request of the provider, a district school board may decrease the minimum number of days of instruction by up to 10 days for teacher planning for residential programs and up to 20 days for teacher planning for nonresidential programs, subject to the approval of the Department of Juvenile Justice and the Department of Education.

(44)  JUVENILE JUSTICE PROVIDER.--"Juvenile justice provider" means the Department of Juvenile Justice or a private, public, or other governmental organization under contract with the Department of Juvenile Justice which provides treatment, care and custody, or educational programs for youth in juvenile justice intervention, detention, or commitment programs.

History.--s. 2, ch. 19203, 1939; CGL 892(216); s. 46, ch. 23726, 1947; s. 4, ch. 29764, 1955; ss. 1, 2, ch. 57-217; ss. 1, 2, ch. 59-371; s. 1, ch. 61-288; s. 1, ch. 63-495; s. 1, ch. 63-376; s. 1, ch. 65-183; ss. 1, 2, 13, ch. 65-239; s. 1, ch. 65-506; s. 1, ch. 67-387; s. 1, ch. 67-438; ss. 1, 2, 3, ch. 68-5; ss. 1, 10, ch. 68-24; s. 1, ch. 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. 80-274; 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; ss. 14, 23, ch. 89-298; s. 2, ch. 89-302; s. 1, ch. 89-304; s. 1, ch. 90-16; s. 1, ch. 90-49; ss. 26, 37, 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; ss. 31, 74, 117, ch. 97-190; s. 5, ch. 97-234; s. 19, ch. 97-246; s. 9, ch. 97-307; s. 1, ch. 98-272; s. 16, ch. 98-280; s. 1, ch. 98-292; s. 41, ch. 99-284; s. 43, ch. 99-398; s. 1, ch. 2000-235; s. 3, ch. 2001-47; s. 1, ch. 2001-98; s. 2, ch. 2001-125; s. 2, ch. 2001-149.

1Note.--As amended by s. 31, ch. 97-190. The material that became subsections (40)-(42) was also amended by s. 117, ch. 97-190, and that version included flush left material applicable to the text that became subsections (40)-(42). Subsections (40) and (42) were amended without reference to the flush left material by s. 43, ch. 99-398; subsection (41) was not; the flush left material reads:

The Commissioner of Education may adopt rules to implement this subsection.

Note.--Former s. 242.17; s. 236.161; s. 229.0118; subsections (40)-(42) former s. 232.2468(1).

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