Florida

West's F.S.A. Const. Art. 9 S 4

WEST'S FLORIDA STATUTES ANNOTATED

FLORIDA CONSTITUTION--1968 REVISION

ARTICLE IX. EDUCATION

4. School districts; school boards

(a) Each county shall constitute a school district; provided, two or more contiguous counties, upon vote of the electors of each county pursuant to law, may be combined into one school district. In each school district there shall be a school board composed of five or more members chosen by vote of the electors for appropriately staggered terms of four years, as provided by law.

(b) The school board shall operate, control and supervise all free public schools within the school district and determine the rate of school district taxes within the limits prescribed herein. Two or more school districts may operate and finance joint educational programs.

West's F.S.A. § 230.03

WEST'S FLORIDA STATUTES ANNOTATED

TITLE XVI. EDUCATION

CHAPTER 230. DISTRICT SCHOOL SYSTEM

§ 230.03. Management, control, operation, administration, and supervision

The district school system must be managed, controlled, operated, administered, and supervised as follows:

(1) District system.--The district school system shall be considered as a part of the state system of public education. All actions of district school officials shall be consistent and in harmony with state laws and with rules and minimum standards of the state board and the commissioner. District school officials, however, shall have the authority to provide additional educational opportunities, as desired, which are authorized, but not required, by law or by the district school board.

(2) School board.--In accordance with the provisions of §. 4(b) of Art. IX of the State constitution, district school boards shall operate, control, and supervise all free public schools in their respective districts and may exercise any power except as expressly prohibited by the State Constitution or general law.

(3) Superintendent.--Responsibility for the administration and management of the schools and for the supervision of instruction in the district shall be vested in the superintendent as the secretary and executive officer of the school board, as provided by law.

(4) Principal or head of school.--Responsibility for the administration of any school or schools at a given school center, for the supervision of instruction therein, and for providing leadership in the development or revision and implementation of a school improvement plan required pursuant to § 230.23(16) shall be delegated to the principal or head of the school or schools as hereinafter set forth and in accordance with rules established by the school board.

West's F.S.A. Const. Art. 9 § 3

FLORIDA CONSTITUTION--1968 REVISION

ARTICLE IX. EDUCATION

3. Terms of appointive board members

Members of any appointive board dealing with education may serve terms in excess of four years as provided by law.

West's F.S.A. § 230.04

TITLE XVI. EDUCATION

CHAPTER 230. DISTRICT SCHOOL SYSTEM

§ 230.04. Membership of school board

The school board in each district shall be composed of not less than five members. Each member of the school board shall be a qualified elector of the district in which she or he serves, shall be a resident of the school board member residence area from which she or he is elected, and shall maintain said residency throughout her or his term of office.

West's F.S.A. § 230.05

§ 230.05. Term of office

School board members shall be elected at the general election in November for terms of 4 years.

1. Suspension

Power to suspend members of county board of public instruction is exclusively executive function. In re Advisory Opinion to Governor, > 97 Fla. 705, 122 So. 7 (1929).

West's F.S.A. § 230.061

§ 230.061. School board member residence areas

(1) For the purpose of nominating and electing school board members, each district shall be divided into at least five district school board member residence areas, which shall be numbered one to five, inclusive, and which shall, as nearly as practicable, be equal in population.

(a) For those school districts, which have seven school board members, the district may be divided into five district school board member residence areas, with two school board members elected at large, or the district may be divided into seven district school board member residence areas. In the latter case, the residence areas shall be numbered one to seven inclusive and shall be equal in population as nearly as practicable.

(b) For those school districts which have seven school board members, the

number of district school board member residence areas shall be determined by resolution passed by a majority vote of the district school board. No district school board shall be required to change the boundaries of the district school board member residence areas in accordance with the provisions of this act prior to July 1, 1981.

(2) The school board of any district may make any change which it deems necessary in the boundaries of any school board member residence area of the district at any meeting of the school board; provided that such changes shall be made only in odd-numbered years and provided further, that no change which would affect the residence qualifications of any incumbent member shall disqualify such incumbent member during the term for which he or she is elected.

(3) Such changes in boundaries shall be shown by resolutions spread upon the minutes of the school board, and shall be recorded in the office of the clerk of the circuit court, and shall be published at least once in a newspaper published in the district within 30 days after the adoption of the resolution, or, if there be no newspaper published in the district, shall be posted at the county courthouse door for 4 weeks thereafter. A certified copy of this resolution shall be transmitted to the Department of State.

West's F.S.A. S 230.08

§ 230.08. Nomination in primary elections

Each political party holding a primary election during any election year shall nominate one nominee for membership on the school board from each school board member residence area from which a member is to be elected. The nomination from each school board member residence area shall be by vote of the qualified electors of the entire district.

West's F.S.A. § 230.10

§ 230.10. Election of board by district-wide vote

The election of members of the school board shall be by vote of the qualified electors of the entire district. Each candidate for school board member shall, at the time she or he qualifies, be a resident of the school board member residence area from which the candidate seeks election. Each candidate who qualifies to have her or his name placed on the ballot of the general election shall be listed according to the school board member residence area in which she or he resides. Each qualified elector of the district shall be entitled to vote for one candidate from each school board member residence area. The candidate from each school board member residence area who receives the highest number of votes in the general election shall be elected to the school board.

West's F.S.A. § 230.105

§ 230.105. Alternate procedure for the election of district school board members to provide for single-member representation

(1) This section shall be known and may be referred to as "The School District Local Option Single-Member Representation Law of 1984."

(2) District school board members shall be nominated and elected to office in accordance with the provisions of ss. 230.061 and 230.10, or as otherwise provided by law, unless a proposition calling for single-member representation within the residence areas of the district is submitted to and approved by a majority of the qualified electors voting on such proposition in the manner provided in subsection (3).

(a) If the school board is composed of five members, such proposition shall provide that the five members shall reside one in each of five residence areas,

the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 230.061, each of whom shall be nominated and elected only by the qualified electors who reside in the same residence area as the member.

(b) If the school board is composed of seven members, at the option of the school board, such proposition shall provide that:

1. Five of the seven members shall reside one in each of five residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 230.061, each of whom shall be nominated and elected only by the qualified electors who reside in the same residence area as the member, and two of the seven members shall be nominated and elected at large; or

2. All seven members shall reside one in each of seven residence areas, the areas together covering the entire district and as nearly equal in population as practicable, pursuant to s. 230.061, each of whom shall be nominated and elected only by the qualified electors who reside in the same residence area as the member.

(c) All members shall be elected for 4-year terms, but such terms shall be staggered so that, alternately, one more or one less than half of the members elected from residence areas and, if applicable, one of the members elected at

large from the entire district are elected every 2 years. Any member may be elected to an initial term of less than 4 years if necessary to achieve or maintain such system of staggered terms.

(3) A proposition calling for single-member representation within the residence areas of the district shall be submitted to the electors of the district at any primary, general, or otherwise-called special election, in either manner following:

(a) The district school board may adopt a formal resolution directing an election to be held to place the proposition on the ballot.

(b) The electors of the school district may petition to have the proposition placed on the ballot by presenting to the school board petitions signed by not less than 10 percent of the duly qualified electors residing within the school district. The number of signatures required shall be determined by the supervisor of elections according to the number of registered electors in the district as of the date the petitioning electors register as a political committee as provided in subsection (4).

(4) The electors petitioning to have the proposition placed on the ballot shall register as a political committee pursuant to s. 106.03, and a specific person shall be designated therein as chair of the committee to act for the committee.

(5)(a) Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of five members shall include the wording: "As a registered elector of the school district of ____________ County, Florida, I am petitioning for a referendum election to determine whether the five school board members of said district shall be elected from single-member residence areas by electors residing in each of those areas only."

(b) Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of seven members, none of whom are to be elected at large, shall include the wording: "As a registered elector of the school district of ____________ County, Florida, I am petitioning for a referendum election to determine whether the seven members of said district shall be elected from single-member residence areas by electors residing in each of those areas only."

(c) Each petition form circulated for single-member representation within the residence areas of a district where the school board is composed of seven members, two of whom are to be elected at large, shall include the wording: "As a registered elector of the school district of ____________ County, Florida, I am petitioning for a referendum election to determine whether five of the seven school board members of said district shall be elected from single-member residence areas by electors residing in each of those areas only, with the two remaining members being elected at large."

The petition shall also include space for the signature and address of the elector. Each signature obtained shall be dated when made and is valid for a period of 4 years following that date.

(6) Upon the filing of the petitions with the district school board by the chair of the committee, the school board shall submit the petitions to the supervisor of elections for verification of the signatures. Within a period of not more than 30 days, the supervisor of elections shall determine whether the petitions contain the required number of valid signatures. The supervisor of elections shall be paid by the committee seeking verification the sum of 10 cents for each name checked.

(7) If it is determined that the petitions have the required signatures, the supervisor of elections shall certify the petitions to the district school board, which shall adopt a resolution requesting that an election date be set to conform to the earliest primary, general, or otherwise-called special election that occurs not less than 30 days after certification of the petitions. If it is determined that the petitions do not contain the required signatures, the supervisor of elections shall so notify the district school board, which shall file the petitions without taking further action, and the matter shall be at an end. No additional names may be added to the petitions, and the petitions may not be used in any other proceeding.

(8) No special election may be called for the sole purpose of presenting the proposition to the vote of the electors.

(9) Any district adopting any of the propositions set forth in this section may thereafter return to the procedures otherwise provided by law by following the same procedure outlined in subsection (3).

(10) No school board member elected prior to or at the election which approves any revision as permitted herein shall be affected in his or her term of office. The resolution adopted by the school board under paragraph (3)(a) or subsection (7) which presents the proposed revision to the electorate for approval shall specify an orderly method and procedure for implementing the revision contemplated in the resolution.

West's F.S.A. § 230.106

§ 230.106. District school board composition in counties meeting certain requirements; elector referendum on single-member residence areas

(1) In a county that has a population of 1 million or more persons as of the last decennial census, other than a county as defined in s. 125.011(1), the district school board shall submit to the electors for approval at a referendum to be held on the first Tuesday after the first Monday in November 1997, the question of whether the school board should be composed of nine members, seven of whom are to be elected from a single-member residence area by electors residing in the single-member residence area only, and two of whom are to be elected at-large, notwithstanding the provisions of s. 230.061, s. 230.10, or s. 230.105.

(2) If the electors approve such election of district school board members,

the seven single-member residence areas must be drawn by the school board, and the district school board shall provide for the orderly transition to such election of school board members as the terms of incumbent school board members expire.

West's F.S.A. § 230.11

§ 230.11. School board members to represent entire district

The school board of each district shall represent the entire district. Each member of the school board shall serve as the representative of the entire district, rather than as the representative of a school board member residence area.

West's F.S.A. § 230.12

§ 230.12. Board members shall qualify

Before entering upon the duties of office after being elected, or, if appointed, within 10 days after receiving notice of appointment, each member of the school board shall take the prescribed oath of office.

West's F.S.A. § 230.19

§ 230.19. Vacancies; how filled

The office of any school board member shall be vacant when the member removes his or her residence from the school board member residence area from which he or she was elected. All vacancies on the school board shall be filled by appointment by the Governor.

West's F.S.A. § 230.201

§ 230.201. District school board members; travel expenses

(1) In addition to the salary provided in s. 230.202, each member of a school board shall be allowed, from the district school fund, reimbursement of travel expenses as authorized in s. 112.061, except as provided in subsection (2). Any travel outside the district shall also be governed by the rules and regulations of the state board.

(2) Each district school board is authorized and empowered to reimburse a school board member for travel expenses for travel from the member's residence incurred in the performance of a public purpose authorized by law to be performed by the school board, including, but not limited to, attendance at regular and special board meetings. Mileage allowance in the amount provided by law for reimbursement of travel expenses, when authorized, shall be computed from the member's place of residence to the place of the meeting or function and return.

West's F.S.A. § 230.202

§ 230.202. District school board members; compensation

(1) Each member of the district school board shall receive as salary the amount indicated, based on the population of the member's county. In addition, compensation shall be made for population increments over the minimum for each population group, which shall be determined by multiplying the population in excess of the minimum for the group times the group rate. Laws which increase the base salary herein provided shall contain provisions on no other subject.

Pop. Group County Pop. Range Base Salary Group Rate

Minimum Maximum

I -0- 9,999 $5,000 $0.083300

II 10,000 49,999 5,833 0.020830

III 50,000 99,999 6,666 0.016680

IV 100,000 199,999 7,500 0.008330

V 200,000 399,999 8,333 0.004165

VI 400,000 999,999 9,166 0.001390

VII 1,000,000 10,000 0.000000

(2) Notwithstanding provisions of chapter 145 or this chapter to the contrary, the annual salaries of district school board members for 1993 and each year thereafter shall be established at the same amounts as those members were paid for fiscal year 1991-1992, adjusted by each annual increase provided for in chapter 145. Any salary previously paid to district school board members which was consistent with chapter 145 and this section is hereby ratified and validated.

West's F.S.A. § 230.2215

§ 230.2215. Plan for school board member professional development

The Department of Education in cooperation with the Florida School Boards Association is encouraged to jointly develop a state plan for school board member professional development. Upon completion, such plan should be submitted to the Commissioner of Education, the Speaker of the House of Representatives, and the President of the Senate for their review and consideration for implementation.