STATUTORY PROVISIONS

Education and Cultural Institutions (title 31).

Approval/Supervision/Support

See RECORDS AND REPORTS, Ch. 2, sections 31.205, 31.206, 31.209 and 31.210.

Compulsory Education

Compulsory School Attendance and Work Permits (ch. 2).

SEC. 31-201. Resident children of 7 to 16 years to have instruction during school year; duty of parent or guardian.-Every parent, guardian, or other person residing permanently or temporarily in the District of Columbia who has custody or control of a child between the ages of seven and sixteen years shall cause said child to be regularly instructed in a public school or in a private or parochial school or instructed privately during the period of each year in which the public schools of the District of Columbia are in session: Provided, That instruction given in such private or parochial school, or privately, is deemed equivalent by the Board of Education to the instruction given in the public school. [Feb. 4, 1925, 43 Stat. 806, ch. 140, art. I, sec. 1.]

Miscellaneous (ch. 11).

SEC. 31-1101. Whole school-day sessions to be given.-All children of school age being instructed in the schools of the District beyond the second grade shall be given a whole school-day session. [June 20, 1906, 34 Stat. 316, ch. 3446, ec. 1.]

Records and Reports

Compulsory School Attendance and Work Permits (ch. 2).

SEC. 31-205. Daily record of attendance.-An accurate daily record of the attendance of all children between the ages of seven and sixteen years shall be kept by the teachers of every public, private, or parochial school and by every teacher giving instruction privately. Such record shall at all times be open to the school-attendance officers other persons authorized or to enforce sections 31-201 to 31-210, who may inspect and copy the same. [Feb. 4, 1925, 43 Stat. 806, ch. 140, art. I., sec. 5.]

SEC. 31-206. Designated absences in a month to be reported.-It shall be the duty of every principal or head teacher of every public, private, or parochial school, or private teacher to report to the department of school attendance and work permits the name and address of any child between the ages of seven and sixteen years enrolled in his school whenever such child has been absent from

school two day sessions or four one-half day sessions or more in any school month, together with the reason for such absence as far as known. [Feb. 4, 1925, 43 Stat. 807, ch. 140, art. I, sec. 6.]

SEC. 31-209. Enrollment and withdrawal of pupils to be reported.—It shall be the duty of the principal or head teacher of every public, private, or parochial school or private teacher, in accordance with the rules adopted by the Board of Education, to report to the director of the department of school attendance and work permits the name, address, sex, age, and race of every child under eighteen years of age residing permanently or temporarily in the District of Columbia who enrolls in or withdraws from his school [Feb. 4, 1925, 43 Stat. 807, ch. 140, art. II, sec. 2.]

SEC. 31-210. Neglect or refusal to furnish information for enumeration; penalty.-Any parent, guardian, custodian, principal, or teacher of a child between the ages of three and eighteen who wilfully neglects or refuses to provide the information required by sections 31-201 to 31-210, or who knowingly makes any false or untrue statement, shall be guilty of a misdemeanor and on conviction shall be punished by a fine of $10 or by commitment to jail for five days, or by both, at the discretion of the court. [Feb. 4, 1925, 43 Stat. 807, ch. 140, art. II, sec. 3.]

Miscellaneous

Educational Agency for Surplus Property (ch. 13).

SEC. 31-1301. Educational Agency for Surplus Property established; functions and duties.-There is hereby established in the municipal government of the District of Columbia the District of Columbia Educational Agency for Surplus Property, hereinafter referred to as the "Agency”, which shall under the direction of the Commissioner of the District of Columbia carry out in the District of Columbia the State functions contemplated by section 484 (j) and (k) of title 40, U.S. Code, and such other duties relating to the distribution of surplus property, or other functions, as the Commissioner may in his discretion assign to such Agency, and for the purposes of section 484 (j), the District of Columbia shall be deemed to be a State. The Commissioner is authorized to appoint a director for such agency and such other personnel as may be necessary with compensation to be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5, U.S. Code (relating to the classification of government employees and related matters). The Commissioner is also authorized to appoint an advisory board for such Agency to be composed of not more than ten members: Provided, That the membership of such board shall include representatives of the tax-supported, tax-exempt, and nonprofit educational institutions in the District of Columbia: And provided further, That the members of such advisory board shall serve without compensation and at the pleasure of the Commissioner. Such advisory board may submit reports and recommendations to the Commissioner as well as to the Agency. [Aug. 16, 1950, 64 Stat. 450, ch. 720, sec. 1.]

subject areas by 1973-74; requiring instead that no other subject areas be tested until assessment in the subject areas of reading, writing and mathematics has been fully implemented.

The Act further requires that all third grade and sixth grade students in the state be tested during the 1974-75 school year in the areas of reading, writing and mathematics. By the 1975-76 school year, all students in grades three through six must be tested in the same basic areas.

The state assessment program is required to include procedures for assuring comparability, where applicable, between student information collected and reported and national indicators of student performance. The annual report of school progress for each school is also required to include an interpretation of the test results for that school. [HB 1145, Ch. 74-205, Eff. date: June 18, 1974]

Department of Education (part III).

SEC. 229.808. Annual registration of all educational institutions with department of education.-(1) The department of education shall organize and maintain a register of educational institutions within the state coming within the provisions of this act. There shall be included in the registration of each institution the name and address of the institution, names of administrative officers, enrollment, and number of teachers.

(2) For the purpose of organizing and maintaining this register, each individual, association, copartnership, or corporation, which designates itself as an elementary, secondary, business, technical or grade school below college level, or which gives preemployment or supplementary training in technology or in fields of trade or industry, or other institutions which offer academic, literary, or vocational training below college level, or any combination of the above, including institutions which perform the functions of the above schools through correspondence or extension, shall annually on a day designated by the department of education register with the department by executing and filing a registration form. The inquiries to be contained and answered in such form shall be prescribed by the department, and sufficient copies of these forms shall be furnished annually to each such institution; provided any such institution publishing an annual catalogue containing the information as required by the registration form may file copies of such catalogue in lieu of the registration form; and provided further that institutions operated by the state or political subdivisions thereof, colleges or schools accredited by the accrediting commission of business schools, or the Florida council of independent schools, or by the Florida state department of education of schools created pursuant to the provisions of the private school corporation act of 1959, chapter 623, or institutions operated by established religious bodies, or schools offering courses in in-service training given in connection with the primary purpose of the firm, person, association, partnership, or corporation and such primary purpose is not education, do not come within the provisions of this act.

(3) The failure of any institution to file the annual registration form as required by the department of education shall be grounds for revoking the certificate of approval and the charter. Failure by proper authorities of

institutions to file such registration shall be judged a misdemeanor and upon conviction shall be subject to a fine not exceeding $500.

(4) It is the intent of the legislature in the passage of this act, to create a centralized registry where current information may be had relative to the educational institutions of this state coming within the provisions of this act as a service to the public, to governmental agencies and other interested parties. [History.-Secs. 14, ch. 63-549; sec. 13, ch. 65-239; secs. 15, 35, ch. 69-106, sec. 18, ch. 72-221.]

Compulsory Education

Compulsory School Attendance; Child Welfare (ch. 232).

SEC. 232.01. Regular school attendance required between ages of seven and sixteen; permitted at age of six; exceptions.—(1)(a) All children who have attained the age of seven years or who will have attained the age of seven years by February 1 of any school year or who are older than seven years of age but who have not attained the age of sixteen years, except as hereinafter provided, are required to attend school regularly during the entire school term.

(b) A child who attains the age of sixteen years during the school year shall not be required to attend school beyond the date upon which he attains that age.

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Compiler's Note: See CSSB 96 also under this heading.

SEC. 232.02. Regular school attendance.-Regular attendance is the actual attendance of a pupil during the school day as defined by law and regulations of the state board. Regular attendance within the intent of sec. 232.01 may be achieved by attendance at:

(1) A public school supported by public funds;

(2) A parochial or denominational school;

(3) A private school supported in whole or in part by tuition charges or by endowments or gifts; and

(4) At home with a private tutor who meets all requirements prescribed by law and regulations of the state board for private tutors. [History.-Sec. 602, ch. 19355, 1939; CGL 1940 Supp. 892 (173); sec. 9. ch. 59-371; sec. 92, ch. 72-221.]

SEC. 232.19. Court procedure and penalties.-The court procedure and penalties for the enforcement of the provisions of this chapter, relating to compulsory school attendance, shall be as follows: * * *

(6) Penalties.-Penalties for refusing or failing to comply with the provisions of this chapter shall be as follows:

(c) The principal or teacher.-The principal or teacher in charge of a school, public, parochial, denominational, or private, or the private tutor, who willfully violates any provisions of this chapter may, upon satisfactory proof of such violation, have his certificate revoked by the department of education.

SEC. 232.25. Pupils subject to control of school.–Subject to law and rules and regulations of the state board and of the school board, each pupil enrolled in a school shall, during the time he is being transported to or from school at public expense, during the time he is attending school, and during the time he is on the school premises, be under the control and direction of the principal or teacher in charge of the school, and under the immediate control and direction of the teacher or other member of the instructional staff or of the bus driver to whom such responsibility may be assigned by the principal. However, the state board or the district school board may, by rules and regulations, subject each pupil to the control and direction of the principal or teacher in charge of the school during the time he is otherwise en route to or from school or is presumed by law to be attending school. [History.-Sec. 625, ch. 19355, 1939; CGL 1940 Supp. 892 (196); sec. 1, ch. 69-300, sec. 1, ch. 71-255.]

Early Childhood Education/Admission Age (CSSB 96).

*** The_Act_also amends sec. 232.01, Florida Statutes, by repealing the provision that children, with certain exceptions, could be admitted to the first grade only during the first month of school.

This section, as now amended, provides that any child who attains the age of six years on or before January 1 of the school year shall be admitted to the first grade at anytime during the school year.

The Act further amends sec. 232.01, Florida Statutes, to require that any child who attains the age of six years between January 1 and June 30 of the school year must be admitted to the first grade at anytime during the first month of the school year, provided he has demonstrated a readiness to enter the first grade in accordance with uniform criteria established by the State Board of Education. [CSSB 96, ch. 74-238, Eff. date: July 1, 1974]

Compiler's Note: See also RECORDS AND REPORTS, Ch. 232, secs. 232.021 and 232.023.

(a) "Exceptional students" means any child or youth who has been certified by a specialist qualified under regulations of the state board to examine exceptional students as one who is unsuited for enrollment in a regular class of the public schools or is unable to be adequately educated in the public schools without the provisions of special classes, instruction, facilities or related services, or a combination thereof.

(b) "Exceptional students" includes the following: the educable mentally retarded, the trainable mentally retarded, the speech impaired, the deaf and hard of hearing, the blind and partially sighted, the crippled and other health impaired, the emotionally disturbed and socially maladjusted, and those with specific learning disabilities, and may include the gifted.

ANNOTATION.-Severely and Profoundly Retarded Students-CSHB 3692-Florida Education Finance Act Revisions enacted by the 1974 legislature amends the definition of exceptional students in sec. 228.041, Florida Statutes, by removing any limitation on degree of retardation, thereby bringing severely and profoundly retarded students under the definition and making their education a responsibility of the public school system.

The Act further expressly requires each School Board to make provision to serve all severely and profoundly retarded children by the 1977-78 school year.

An appropriation of $635,000 is included within the Act, to be distributed to school districts on a project grant basis during the 1974-75 school year, for development of programs for severely and profoundly retarded children.

(20) SPECIAL EDUCATION SERVICES.-The term "special education services" means such related services in addition to instruction of the exceptional child as transportation, diagnostic and evaluation services, social services, physical and occupational therapy, job placement, orientation and mobility training, braillists, typists and readers for the blind, specified materials and equipment, and other such services as approved by regulations of the state board.

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Compulsory School Attendance; Child Welfare (ch. 232).

SEC. 232.13. Exceptional children; reports to superintendents.—The (division of children's medical services) and the divisions of health and family services of the department of health and rehabilitative services shall direct their field workers to review their case records on or before March 31 of each year and to report to the superintendent of each district the names and other pertinent information for all exceptional children in the district whose conditions, in their opinion, require special educational services. [History.Sec. 2, ch. 20910, 1941; sec. 25, ch. 23726, 1947; sec. 74, ch. 65-239; sec. 10, ch. 68-24; secs. 19, 35, ch. 69-106; sec. 1, ch. 69-300; sec. 1, ch. 73-114.]

Specialized State Educational Institutions (ch. 242).

SEC. 242.331. Florida School for the Deaf and the Blind; board of trustees.-(1) There is hereby created a board of trustees for the Florida School for the Deaf and the Blind of the department of education, which shall consist of seven members. Each member shall have been a resident of the state for a period of at least ten years. Their terms of office shall be four years except the first members, one of whom shall be for a term of one year, two for a term of two years, two for a term of three years and two for a term of four years. The appointment of the trustees shall be by the governor with the confirmation of the senate. The governor may remove any member for cause, and shall fill all vacancies which occur.

(2) The board of trustees shall elect a chairman annually. The trustees shall be reimbursed for traveling expenses as provided in sec. 112.061, the accounts of which shall be paid by the state treasurer upon itemized vouchers duly approved by the chairman.

(3) The board of trustees shall act at all times in conjunction with and under the supervision and general policies adopted by the state board of education. (4) The board of trustees for the Florida School for the Deaf and the Blind is a body corporate and shall have a corporate seal. Title to all property and other assets of the Florida School for the Deaf and the Blind shall vest in the State Board of Education; but the board of trustees shall have complete jurisdiction over the management of the school and is vested with full power and authority to appoint a president, faculty, teachers, servants, and other employees, and to remove the same as in their judgment may be best; fix their compensation; determine eligibility of students and procedure for admission; provide for the students of the Florida School for the Deaf and the Blind necessary bedding, clothing, food and medical attendance, and such other things as may be proper for the health and comfort of said students without cost to their parents or guardians; provide for the proper keeping of accounts and records; budgeting of funds; to enter into contracts; to sue and be sued; to secure public liability insurance; and to do and perform every other matter or thing requisite to the proper management, maintenance, support and control of the Florida School for the Deaf and the Blind at the highest efficiency economically possible taking into consideration the purposes of the establishment. [History.-Secs. 1-4, ch. 63-231; sec. 19, ch. 63-400; sec. 1, ch. 67-49; secs. 15, 35, ch. 69-106.]

Curriculum

Courses of Study and Instructional Aids (ch. 233).

SEC. 233.063. Instruction in operation of motor vehicles.

(1) Beginning with the school year 1961-62, there may, and beginning with the school year 1963-64, there shall, be installed in all secondary schools of the state, a course of study and instruction in the safe and lawful operation of a motor vehicle. Such course of study and employment of instructors therefor shall be administered under rules and regulations of the state board of education.

(2) For the purpose of financing the driver education program in the secondary schools, there shall be levied an additional fifty cents per year to the driver's license fee required by section 322.21. The additional fee shall be promptly remitted to the department of highway safety and motor vehicles. The department of highway safety and motor vehicles shall transmit the additional fee to the state treasurer, and such fee shall be deposited in the general revenue fund.

(3) All moneys appropriated annually for driver education shall be expended by the department of education solely for the purpose of financing a program of instruction in safe driving of motor vehicles in the public schools throughout the state for young people who have not attained their twentieth birthday or who are enrolled in a secondary school or students of the state school for the deaf and blind.

(4) All moneys appropriated for driver education shall be administered under the direction of the department of education and shall be made available to the respective school boards upon certification to the state

comptroller by the department based upon facts reported to it by the superintendents of the respective districts, provided that:

(a) Instructional personnel engaged in driver education shall be approved and certified in accordance with standards prescribed by the state board of education.

Compiler's Note: This portion was repealed by House Bill 2591-Driver Education Physical Screening Exam, ch. 74-339, Eff. date: July 1, 1974, an act of the 1974 Florida Legislature.

(c) Distribution of the funds to the respective school boards shall be in a uniform manner, reimbursing them for the expense of their driver education program to the extent that the appropriation will permit, based on the principles defined in the minimum foundation program so that opportunity for driver education shall be on an equal basis in all the districts as to instruction and equipment, in accordance with the rules and regulations which shall be promulgated by the state board of education in accord herewith. (5) From the appropriated funds, the department is hereby empowered to provide funds and authorize expenditures by school boards for purchasing equipment and supplies, including automobiles purchased through the department of highway safety and motor vehicles, for the training of personnel, for identifying and encouraging correction of health problems which limit ability to operate a motor vehicle, and for such other purposes as may be deemed necessary for the adequate and efficient administration of the aims and objectives of this subsection.

(6) The department of education is empowered from the funds appropriated, to incur expenditures for the employment and expenses of such personnel on the department of education staff as may be necessary, for the conducting of studies, and for any and all requirements for carrying out the purposes of this subsection.

(7) The state board of education is authorized to adopt rules and regulations pertaining to the driver education program in the public school system, provided, that such courses shall not be made a part of or a substitute for any of the minimum requirements for graduation, and provided that a sufficient .number of driver education courses shall be offered during out-of-school hours, in the late afternoon or evening, on Saturdays and during the summer months so that no person will find it necessary to take driver education at the expense of some other essential part of his program of studies or of his employment. Such restricted license as may be necessary for such instruction shall be provided by the department of highway safety and motor vehicles. [History.-Secs. 1-8, ch. 29738, 1955; sec. 1, ch. 57-276; sec. 1, ch. 59-239; sec. 1, ch. 61-79; sec. 2, ch. 61-119; sec. 24, ch. 65-239; secs. 15, 24, 35, ch. 69-106; sec. 1, ch. 69-300; sec. 1, ch. 73-305.]

SEC. 233.065. Patriotic programs, rules and regulations.-The school board of any district is hereby authorized to adopt rules and regulations pertaining to and requiring to be used in all of the schools of the district any program of a patriotic nature to encourage greater respect for the government of the United States, its national anthem and flag, subject always to other existing pertinent laws of the United States or of the state; provided, that when the national anthem is played, students and all civilians shall always stand at attention, men removing the headdress; and provided, further, that the pledge of allegiance to the flag, “I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all," be rendered by standing with the right hand over the heart. However, civilians will always show full respect to the flag when the pledge is given by merely standing at attention, men removing the headdress, as provided by section 7 of United States public law No. 623, approved June 22, 1942, as amended by United States public law No. 829, approved December 22, 1942. [History.-Sec. 1, ch. 22015, 1943; sec. 47, ch. 29764, 1955; sec. 34, ch. 65-239; sec. 1, ch. 69-300.]

SEC. 233.067. Comprehensive health education.-(1) Short Title.-This section shall be known and may be cited as the "Comprehensive Health Education Act of 1973".

(2) Purpose.-The purpose of this section is to foster the development and dissemination of educational activities and materials which will assist Florida