eLaws of Florida

  SECTION 1008.32. State Board of Education oversight enforcement authority.  


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  • 1The State Board of Education shall oversee the performance of district school boards and Florida College System institution boards of trustees in enforcement of all laws and rules. District school boards and Florida College System institution boards of trustees shall be primarily responsible for compliance with law and state board rule.
    52(1) 53In order to ensure compliance with law or state board rule, the State Board of Education shall have the authority to request and receive information, data, and reports from school districts and Florida College System institutions. District school superintendents and Florida College System institution presidents are responsible for the accuracy of the information and data reported to the state board.
    113(2)(a) 114The Commissioner of Education may investigate allegations of noncompliance with law or state board rule and determine probable cause. The commissioner shall report determinations of probable cause to the State Board of Education which shall require the district school board or Florida College System institution board of trustees to document compliance with law or state board rule.
    171(b) 172The Commissioner of Education shall report to the State Board of Education any findings by the Auditor General that a district school board or Florida College System institution is acting without statutory authority or contrary to general law. The State Board of Education shall require the district school board or Florida College System institution board of trustees to document compliance with such law.
    235(3) 236If the district school board or Florida College System institution board of trustees cannot satisfactorily document compliance, the State Board of Education may order compliance within a specified timeframe.
    265(4) 266If the State Board of Education determines that a district school board or Florida College System institution board of trustees is unwilling or unable to comply with law or state board rule within the specified time, the state board shall have the authority to initiate any of the following actions:
    316(a) 317Report to the Legislature that the school district or Florida College System institution is unwilling or unable to comply with law or state board rule and recommend action to be taken by the Legislature.
    351(b) 352Withhold the transfer of state funds, discretionary grant funds, discretionary lottery funds, or any other funds specified as eligible for this purpose by the Legislature until the school district or Florida College System institution complies with the law or state board rule.
    394(c) 395Declare the school district or Florida College System institution ineligible for competitive grants.
    408(d) 409Require monthly or periodic reporting on the situation related to noncompliance until it is remedied.
    424(5) 425Nothing in this section shall be construed to create a private cause of action or create any rights for individuals or entities in addition to those provided elsewhere in law or rule.
History.-s. 376, ch. 2002-387; s. 51, ch. 2004-41; s. 125, ch. 2007-217; s. 108, ch. 2011-5; s. 21, ch. 2013-51; s. 7, ch. 2019-103.

Bills Cite this Section:

None

Authorized Rulemaking (1):

Cited by Court Cases:

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