The School Law Answer Manual: 2014-15 Florida Edition

The

School Law

Answer Manual

_______________________________________

2014-15 Florida Edition

Douglas G. Griffin, Esq.

Copyright © 2014 Douglas Griffin.

All rights reserved. No part of this book may be reproduced, stored, or transmitted by any means—whether auditory, graphic, mechanical, or electronic—without written permission of both publisher and author, except in the case of brief excerpts used in critical articles and reviews. Unauthorized reproduction of any part of this work is illegal and is punishable by law.

ISBN: 978-1-4834-1509-3 (sc)

ISBN: 978-1-4834-1508-6 (e)

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Lulu Publishing Services rev. date: 7/29/2014

Contents

CHAPTER 1   STUDENTS & PARENTS

Section 1-1 Enrollment and Attendance

Section 1-2 School Choice

Section 1-3 Medical Issues [see chapter 2 for additional protections for ese students]

Section 1-4 Student Records

Section 1-5 General Education Discipline [see chapter 2 for additional protections for ESE students]

Section 1-6 Off-Campus Misconduct

Section 1-7 Search and Seizure Issues

Section 1-8 First Amendment Issues

1-8.1 Free Speech

1-8.2 Dress

1-8.3 Association

1-8.4 Religion

Section 1-9 Parents

Section 1-10 Athletics and Extracurricular Activities

Section 1-11 Miscellaneous

CHAPTER 2   EXCEPTIONAL STUDENT EDUCATION

Section 2-1 General

Section 2-2 Parental Consent

Section 2-3 Medical Issues as a Related Service

Section 2-4 Evaluation/Eligibility

Section 2-5 IEE’s and Reevaluation

Section 2-6 Individual Education Plan

Section 2-7 Special Education Discipline

Section 2-8 Restraint and Seclusion

Section 2-9 Procedural Safeguards

2-9.1 General

2-9.2 Stay Put

2-9.3 litigation

Section 2-10 Private Placements and IEE Reimbursements

Section 2-11 §504 Students

CHAPTER 3   LIMITED ENGLISH PROFICIENT STUDENTS

Section 3-1 General

Section 3-2 Enrollement of Immigrant Students

Section 3-3 District LEP/ELL Plan (LEP) Plan

Section 3-4 Parental Involvement

Section 3-5 Identification and Assessment

Section 3-6 LEP Services

Section 3-7 Student Plan

Section 3-8 ESE For LEP Students

Section 3-9 Other Services for LEP Students

Section 3-10 Statewide Assessments

Section 3-11 LEP/ELL Exit

Section 3-12 Post Services Monitoring

Section 3-13 Personnel

CHAPTER 4   CALENDAR, CLASS-SIZE, ACCOUNTABILITY, CURRICULUM AND EXTRA CURRICULAR PROGRAMS

Section 4-1 School Calendar

Section 4-2 Class Size

Section 4-3 Standardized Assessment

Section 4-4 Accountability

Section 4-5 Curriculum

4-5.1 General

4-5.2 Career, Vocational and Adult Education

4-5.3 Religion

Section 4-6 Instructional Materials

CHAPTER 5   TEACHER EMPLOYMENT ISSUES

Section 5-1 General

Section 5-2 Evaluation

Section 5-3 Annual Contracts

Section 5-4 Professional Service Contracts

Section 5-5 Continuing Contracts

Section 5-6 Discipline

Section 5-7 Compensation

CHAPTER 6   ADMINISTRATOR AND SUPPORT STAFF EMPLOYMENT ISSUES

Section 6-1 Support Staff

Section 6-2 Administrators

6-2.1 Appointment

6-2.2 Administrator Discipline

6-2.3 administrator Evaluation

6-2.4 Principals

6-2.5 administrator Compensation

CHAPTER 7   GENERAL EMPLOYMENT ISSUES

Section 7-1 Criminal Backgrounds

Section 7-2 Appointment

Section 7-3 Resignation/Discipline

Section 7-4 Compensation and Benefits

Section 7-5 Personnel File

Section 7-6 Protections and Liability issues

Section 7-7 First Amendment

Section 7-8 Fifth Amendment – Self-Incrimination

CHAPTER 8   THE FAMILY AND MEDICAL LEAVE ACT

Section 8-1 General Scope

Section 8-2 Exceptions Applicable to School Districts

Section 8-3 Employee Eligibility

Section 8-4 Qualifying Events, Generally

Section 8-5 Qualifying Events, Birth or Placement for Adoption or Foster Care

Section 8-6 Qualifying Events, Because of a Serious Health Condition That Makes the Employee Unable to Perform the Functions of the Employee’s Job

Section 8-7 Qualifying Events, To Care for the Employee’s Spouse, Son, Daughter, or Parent with a serious health condition

Section 8-8 Qualifying Events, Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation

Section 8-9 Qualifying Events, To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter, parent, or next of kin of the service member

Section 8-10 Leave Benefits

Section 8-11 Reinstatement Rights

Section 8-12 Intermittent Leave or Reduced Schedule Leave

Section 8-13 Notice, Certification and Record Keeping Requirements

CHAPTER 9   THE AMERICANS WITH DISABILITIES ACT

Section 9-1 Definition of Disability

Section 9-2 Qualified Individual with a Disability

Section 9-3 Americans with Disabilities Act, Reasonable Accommodation

Section 9-4 Americans with Disabilities Act, Discrimination Prohibited

Section 9-5 Americans with Disabilities Act, Medical Examinations and Inquiries

CHAPTER 10   COLLECTIVE BARGAINING

Section 10-1 Collective Bargaining

10-1.1 Mandatory Subjects of Bargaining

10-1.2 Inherent Managerial Rights

10-1.3 Permissive Subjects of Bargaining

10-1.4 Illustrative Examples - Prohibited Subjects of Bargaining

10-1.5 Good Faith Bargaining

Section 10-2 Resolution of Impasse

Section 10-3 Unilateral Changes to Status Quo

Section 10-4 Collective Bargaining Agreement Enforcement

CHAPTER 11   SCHOOL BOARD MATTERS

Section 11-1 Conduct Of School Board Meetings

11-1.1 Administrative Procedures Act Issues

Section 11-2 School Board Elections, Residency and Vacancies

Section 11-3 Compensation

Section 11-4 Board Powers and Duties

11-4.1 General and Miscellaneous

11-4.2 Employment Matters

CHAPTER 12   SUPERINTENDENT

Section 12-1 Election and Appointment of Superintendents

Section 12-2 Powers and Duties of the Superintendent

Section 12-3 Personnel

CHAPTER 13   FACILITIES AND GROUNDS

Section 13-1 Acquisition

Section 13-2 Lease or Disposition

Section 13-3 Planning

Section 13-4 Control

Section 13-5 1st amendment issues

CHAPTER 14   OPERATIONS

Section 14-1 Budgeting and levy Process

Section 14-2 Authorized Expenditures

Section 14-3 Contract issues

14-3.1 Criminal Background Checks

14-3.2 Bidding

Section 14-4 Transportation

Section 14-5 General

CHAPTER 15   LITIGATION

Section 15-1 General

Section 15-2 Sovereign Immunity

Section 15-3 General Torts

Section 15-4 Sexual Harassment

Expanded Table of Contents

CHAPTER 1   STUDENTS & PARENTS

May a School Board deny education to undocumented school-age children?

Between what ages must a child attend school?

Must a child, within the compulsory ages of attendance, attend public school?

How old must a child be in order to enroll in public kindergarten?

What type of evidence of age of a student is required?

May a school district require an enrolling student to disclose prior criminal and disciplinary actions against the student?

May a school deny enrollment to a student because of a pending expulsion in another district?

Is a child required to submit to a school-entry health examination as a condition of a student’s enrollment?

Under what circumstances must a student be excused from providing a school-entry health examination?

What type of immunization record information is required as a condition of a student’s enrollment?

Under what circumstances must a student be excused from providing immunization record information?

May a school district request that a student provide a social security number at the time of enrollment?

May a student be required to provide a social security number as a condition of enrollment or graduation?

May a School Board charge tuition for a student who is a Florida resident, but resides outside the geographic boundaries of the county?

May a student be denied enrollment or other educational benefits because the student is married or pregnant?

What type of educational program is a district required to provide to teenage parents?

What due process is required to place a student in a dropout prevention and academic intervention program?

What students are appropriate for dropout prevention and academic intervention programs?

Are students who have been the victim of a violent felony committed by another student entitled to protection while at school?

What are the special considerations required by statute relating to the placement of twins and other multiple-birth siblings?

What procedures are school districts required to implement relating to truancy?

What procedures must be followed by a School Board to change school attendance zones?

What types of policies are school districts required to adopt addressing controlled open enrollment?

Must dependent children of military personnel be given preference in choice options?

Is a child required to submit to a school-entry health examination as a condition of a student’s enrollment?

Under what circumstances may a student be excused from providing a school-entry health examination?

What type of immunization record information is required as a condition of a student’s enrollment?

Under what circumstances must a student be excused from providing immunization record information?

May a school restrict access of a student to educational programs due to a parent’s refusal to administer the student mood altering medication?

Are asthmatic students permitted to carry a metered dose inhaler on their person while in school?

Are students with life-threatening allergies permitted to carry epipens on their person while in school?

May a school maintain its own inventory of epinephrine injectors to administer to a student experiencing anaphylactic reaction?

May a school district restrict the assignment of a student who has diabetes to a particular school on the basis that the student has diabetes, that the school does not have a full-time school nurse, or that the school does not have trained diabetes personnel?

Are diabetic students permitted to carry diabetic supplies on their person while in school?

Are students with pancreatic insufficiency or cystic fibrosis permitted to carry prescribed pancreatic enzyme supplement on their person while in school?

May school personnel who are not licensed to administer prescriptions administer prescription medicines at school?

May school personnel who are not licensed to perform medical procedures perform those procedures at school?

What are the requirements for automated external defibrillators on school grounds?

Does a school board have a legal duty make available, diagnosing the need for, and/or use an AED on an injured student?

May students be referred to or offered contraceptive services at school facilities without the parent’s consent?

What is a student record?

What documents relating to students are not considered student records?

What information regarding a student is a district prohibited from collecting or maintaining?

What are basic rights of the parents when a student is at least 18 years of age relating to student records?

What rights exist for a parent or eligible student to inspect and review education records?

What limitations exist on the right to inspect and review records involving multiple students?

How can a parent or eligible student request amendment of the student’s education records?

What procedures apply if the school district decides not to amend a record as requested?

If consent for disclosure of an education record is required, what must the consent contain?

Under what conditions is prior consent not required to disclose information?

What conditions apply to disclosing directory information?

Does asking students to score each other’s tests, papers, and assignments as the teacher explains the correct answers to the entire class violate the Family Educational Rights and Privacy Act?

What are the retention requirements for student records?

What access to student records must be given to military recruiters?

During what period of time are students subject to control and direction of the school?

What are the required elements of a student code of conduct?

What are the requirements for each school district relating to zero-tolerance policies?

Is corporal punishment permissible under Florida Law?

What are the required components of a policy authorizing corporal punishment?

What are the disciplinary consequences for a student who brings or possesses a firearm or weapon to school?

What are the disciplinary consequences for a student who makes a false threat or false report?

What are the prescribed consequences for a student violating a school’s dress code policy?

May a school district prohibit students from possessing wireless communication devices at school?

What is law enforcement’s role in maintaining discipline at school?

What is the teacher’s role in maintaining discipline?

Is a teacher entitled to input into the disciplinary consequences of a student referred to the Principal by the teacher?

Is a teacher entitled to have a disruptive student removed from the teacher’s classroom?

What is the Principal’s role in maintaining discipline?

What type of due process must be afforded to a student before imposing a suspension of 10 days or less?

What type of notice to a student’s parents is required when a student is suspended?

Is a student that is to be suspended entitled to a hearing under the Administrative Procedures Act?

Is a suspended student entitled to appeal a suspension to the School Board?

Is a general education student entitled to judicial review of a suspension of ten days or less?

What type of notice is required when a student is recommended for expulsion?

Is a student entitled to return to school in the event the suspension expires prior to the opportunity for the School Board to conduct the hearing under the Administrative Procedures Act?

Is a student that is recommended for expulsion entitled to a hearing under the Administrative Procedures Act?

May an expulsion hearing be closed to the public?

What are examples of cases in which a court over-turned a School Board’s decision to expel?

What must a school district demonstrate in order to discipline a student for illegal possession of drugs or other contraband?

May a school district treat an out-of-school suspension as an unexcused absence and impose an academic penalty upon any make-up work during such suspension?

May a school district’s administration unilaterally place a disruptive or disobedient general education student in an alternative school without compliance with expulsion procedures?

Do students have a constitutionally protected contract, property, or other economic right to participate in interscholastic sports activities?

May a school board discipline a student for off-campus misconduct which is unrelated to the school?

May a school board discipline a student for internet or social media postings that are derogatory to staff?

May a student be suspended or administratively placed in an alternative educational setting as a result of a student being formally charged with certain off-campus criminal acts?

May a student be expelled as a result of a student being convicted of certain off-campus criminal acts?

Under what circumstances may a school district employee search a student suspected of possessing contraband or evidence of commission of a violation of School Board Rule?

May school officials ever be justified in strip searching a student suspected of concealing contraband in the student’s undergarments?

Is the standard for search different if an administrator asks a school resource officer to participate in the search?

Does asking a student to empty his pockets when the student is suspected of violating a school rule constitute a search?

What standards apply when officials are searching for a gun?

May school officials search a student based on an anonymous tip that a student may be carrying a gun?

What are some examples of searches which have been deemed reasonable?

What are some examples of searches which have been deemed unreasonable?

May a school official search a locker without reasonable suspension since the locker is property of the school district?

May a school district perform random searches of students in high school classrooms with hand-held metal detector wands?

May an alternative school conduct daily suspicionless pat-down searches and searches of purses and backpacks of every student every morning before they are permitted to go to their classes?

May a School Board require all students who participate in competitive extracurricular activities to submit to drug testing?

May a school resource officer interrogate a student without a parent present?

May a DCF investigator interrogate a student without a parent present?

What is the general extent of a student’s right to free speech in the school environment?

Are the standards for regulating speech different outside of school facilities during approved social events and class trips?

What are some examples of types of student speech that schools are barred from prohibiting?

What are some examples of types of student speech that schools are free to regulate?

Must a student be excused from reciting the Pledge of Allegiance upon request of a parent?

May a School Board require that its students wear uniforms at one or more of its schools?

May a School Board prohibit its students from wearing hats or sunglasses outdoors while school is in session?

May a school district suspend a student for refusing to cut his hair or shave?

May a school condition its official recognition of a student group, and the attendant use of school funds and facilities, on the organization’s agreement to open eligibility for membership and leadership to all students?

May a school begin each day with a prayer and/or reading from the Bible?

To what extent may a School Board prohibit the teaching of evolution or require balanced treatment for creation-science and evolution-science?

Under what circumstances must a student be excused from selected parts of a school’s curriculum?

May a school allow the display of a Christmas tree as part of its holiday decorations without violating the Establishment Clause?

May a school allow the display of a crèche or menorah as part of its holiday decorations without violating the Establishment Clause?

Unfortunately, the answer depends on each particular display. The government’s use of religious symbolism is unconstitutional if it has the effect of endorsing religious beliefs, and the effect of the government’s use of religious symbolism depends upon its context. The courts must ascertain whether the challenged governmental action is sufficiently likely to be perceived by adherents of the controlling denominations as an endorsement, and by the nonadherents as a disapproval, of their individual religious choices. So the question is whether the crèche and the menorah, in their respective "particular physical settings, has the effect of endorsing or disapproving religious beliefs.

May a school district permit participation in Halloween activities without violating the Establishment Clause?

May a School Board permit Principals to invite members of the clergy to give invocations and benedictions at middle school and high school graduations?

May a School Board permit the graduating senior class to elect to choose whether to have a student deliver a nonsectarian, nonproselytizing invocations and benedictions at their graduation ceremonies?

May a School Board permit the student body to, by student election, have a student deliver a prayer prior to football games or other athletic events?

May a school district provide a sign language interpreter to accompany a deaf student to classes at a Roman Catholic high school, pursuant to the Individuals with Disabilities Education Act (IDEA), without violating the Establishment Clause?

May a school district prohibit an elementary school student from distributing invitations to other students to an Easter egg hunt that includes religious messages, during non-instructional time?

Are parents of a student entitled to be accompanied by another adult of their choice at any meeting with school district personnel?

Do parents have a legal right to attend school while it is in session?

Is a public school district receiving federal financial assistance required to provide sign-language interpreter services, at school district expense, to deaf parents of non-hearing impaired children at certain school-initiated activities.

At which district school is a public school student eligible to participate in athletics?

Are home school students eligible to participate in extracurricular activities?

Are charter school students eligible to participate in extracurricular activities?

Is a release executed by a student’s parent, which releases the School Board from liability for any injury or claim resulting from student’s athletic participation enforceable?

May a School Board require all students who participate in competitive extracurricular activities to submit to drug testing?

Must students satisfactorily pass a medical evaluation each year before participating in athletics?

Must students satisfactorily pass a medical evaluation each year before participating in athletics?

What are the minimum requirements for a student to be eligible to participate in interscholastic extracurricular activities?

Are home education students eligible to participate in interscholastic extracurricular activities in public schools?

Are charter school students eligible to participate in interscholastic extracurricular activities in public schools?

Are Florida Virtual School students eligible to participate in interscholastic extracurricular activities in public schools?

Are private school students eligible to participate in interscholastic and intrascholastic sports in public schools?

May a School Board discriminate against a secondary students who wishes to conduct a meeting within a limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings?

Are middle schools considered "secondary schools for purposes of the Equal Access Act?

When is a secondary school deemed to have created a limited open forum for student meetings?

What is a non-curriculum related student group for purposes of the Equal Access Act?

If a secondary school operates a limited open forum what type of restrictions may the school impose on the conduct of its clubs?

What type of protections exist for students against bullying and harassment?

May students form or join fraternities, sororities or other secret societies?

CHAPTER 2   EXCEPTIONAL STUDENT EDUCATION

What is meant by the IDEA’s requirement of a free appropriate public education?

May a court determine the methods by which a school district provides special education services?

What are the general parameters for exceptional student education programs?

At what age is a child entitled to enroll in public schools to receive special education services?

Under what circumstances is a district excused from providing FAPE to a student with disabilities?

Are all ESE students entitled to a regular diploma upon graduation?

May a school district modify its high school graduation requirements for ESE students?

What are the requirements for a special diploma based on modification of graduation requirements?

What are the student performance standards for students identified as educable mentally handicapped?

What are the student performance standards for students identified as trainable mentally handicapped?

What are the student performance standards for students identified as hearing impaired?

What are the student performance standards for students identified as physically impaired?

What are the student performance standards for students identified as language impaired?

What are the student performance standards for students identified as emotionally handicapped?

What are the student performance standards for students identified as specific learning disabled?

What are the student performance standards for students identified as profoundly disabled?

To what general extent must student’s with IEPs participate in statewide assessment and end of course exams?

To what extent must students with cognitive disabilities participate in statewide assessment and end of course exams?

May end-of-course exam requirements be waived for certain ESE students?

May end-of-course exam requirements be waived for certain children with medical complexity?

Must a school district allow parent experts to observe an ESE student in the school?

May a school district provide exceptional student education services to a student without parental consent?

May a school district continue to provide exceptional student education services if a parent revokes consent?

Are School Boards required to provide a ventilator-dependent student with an IEP with certain nursing services during school hours as a related services?

Are School Boards required to provide a student with an IEP clean intermittent catheterization during school hours as a related service?

What type of general education intervention procedures are ordinarily required prior to evaluating a student for exceptional student education services?

May the school district require the evaluation of every student’s response to general education intervention procedures prior to referral for evaluation for eligibility for exceptional student education services?

May a student be provided special education services without formal evaluation and placement?

What are the basic requirements for the evaluation of a student’s response to general education intervention procedures?

Under what circumstances may a student be referred for evaluation for eligibility for exceptional student education services?

When must the initial evaluation for determining whether a student is eligible for exceptional student education services be conducted?

May a school district conduct an initial evaluation to determine whether a student is eligible for exceptional student education services without parental consent?

May a school district pursue securing consent for evaluation through due process?

What are the general procedural requirements for evaluating whether a student is eligible for special education services?

What steps are required of the school district in connection with evaluation?

How are students with disabilities generally determined to be eligible for exceptional education services?

How are students with intellectual disabilities determined to be eligible for exceptional education services?

How are students with speech impairments determined to be eligible for exceptional education services?

How are pre-k students evaluated for language impairments?

How are k-12 students evaluated for language impairments?

What documentation is required in order to determine eligibility for language impairment services?

How are pre-k students with language impairments determined to be eligible for exceptional education services?

How are k-12 students with language impairments determined to be eligible for exceptional education services?

How are students who are deaf or hard-of-hearing determined to be eligible for exceptional education services?

How are students who are dual-sensory impaired determined to be eligible for exceptional education services?

How are students with orthopedic impairment determined to be eligible for exceptional education services?

How are students with other health impairments determined to be eligible for exceptional education services?

How are students with traumatic brain injuries determined to be eligible for exceptional education services?

How are students with emotional/behavioral disabilities (E/BD) determined to be eligible for exceptional education services?

How are students with specific learning disabilities determined to be eligible for exceptional education services?

What documentation is required in order to determine eligibility for specific learning disability services?

How are students with Autism Spectrum Disorder determined to be eligible for exceptional education services?

What are a parent’s rights in the event that the parent disagrees with a school district’s evaluation?

What is the extent of a school district’s obligation to consider an evaluation obtained by a parent?

When must a school district conduct a reevaluation of a student previously determined to be eligible for exceptional student education services?

What are the parental consent requirements relating to re-evaluation?

Are parents entitled to require a school to rely solely on an independent evaluation conducted at the parents’ behest or to have a reevaluation conducted by a provider of the parents choosing?

Are parents entitled to place conditions on the consent which exceed IDEA requirements?

If parents refuse to consent to a reevaluation by a provider of the district’s choosing, is the parent entitled to an IEE?

What are the reevaluation requirements for students who are deaf or hard-of-hearing?

When must an IEP for an eligible student be established or reviewed?

What must the IEP team consider in developing or reviewing an IEP?

What is the IEP team’s obligation to consider transition services?

What type of notice is required when a school district proposes a change or refuses to initiate a change to an IEP?

What are the required contents of a student’s individual education plan (IEP)?

In what environment must a student be placed?

What terminology must be used to describe various exceptional student education settings?

When and how may a student’s IEP be changed?

What is the parents’ role in development of the IEP?

What type of parental notice is required before changing a student’s IEP?

What type of parental consent is required prior to changing a student’s IEP?

What procedures must a district employ to foster parental participation in IEP development?

Are parents entitled to attend every meeting of staff or other individuals at which the parent’s child’s education is discussed?

Who must participate in a meeting to adopt or change an IEP?

When may a team member be excused from participating in an IEP meeting?

Does anything in the IDEA preclude a school district from referring a student who has committed a crime to law enforcement?

Do the special rules for discipline for students with IEP’s ever apply to a student who has not been determined to be eligible for special education services?

For how long may a school suspend a student before special procedural protections apply?

What procedures are required in the event that a student is suspended for more than ten school days in a year (regardless of whether it constitutes a change in placement)?

What procedures are required in the event that a student is suspended for more than ten school days in a year and the removal constitutes a change in placement?

Are school districts required to continue providing educational services to a student with an IEP during a period of suspension or expulsion?

May a school immediately remove a student who commits certain serious offences from the student’s setting?

Despite stay put, may a student with an IEP ever be excluded from the classroom for dangerous or disruptive conduct growing out of their disabilities?

What administrative procedures are available to a school district if it believes that maintaining the current placement of the student is substantially likely to result in injury to the student or to others?

What types of restraints are prohibited?

What type of seclusion is prohibited?

What type of restraint and seclusion policies are a school district required to have?

What types of report are required in the event a student is restrained or placed in seclusion?

What information must be included in a parent’s notice of procedural safeguards?

When must parents be provided a copy of their procedural safeguards?

What mediation opportunities are available to assist parents and districts in resolving disputes relating to exceptional student education?

What complaint procedures are available through the Florida Department of Education to assist a parent in resolving a dispute relating to exceptional student education?

May a parent simultaneously pursue a complaint and a due process on the same issue?

What are the general subjects and procedures for a due process hearing request?

What is a school district required to do in response to a request for due process hearing?

What are the consequences of failure to participate in the required resolution session?

What are the required procedures for a due process hearing?

When may attorneys’ fees be awarded to parents or the school district?

What happens to the student’s placement during the pendency of a due process hearing?

May a delivery of a student’s education be modified during stay put when certain terms become obsolete or impractical to implement?

May a parent proceed directly to court to dispute a matter involving special education pursuant to the I.D.E.A. without filing a due process?

May a parent proceed directly to court to dispute a matter involving special education pursuant to the ADA, 504 or the Constitution without filing a due process?

Under what circumstances may a parent bring a §1983 action to recover damages for violation of the IDEA?

Can a school district be liable for damages in a §1983 action for improper restraints or excessive corporal punishment?

Does the section of the IDEA providing that a court may award reasonable attorneys’ fees as part of the costs to parents who prevail in an action brought under the IDEA authorize prevailing parents to recover fees for services rendered by experts in IDEA actions?

In which court may a party appeal a decision on an administrative law judge in a due process hearing?

Is the trial court permitted or required to hear new evidence upon review of an administrative law judge’s decision?

May parents be awarded private placement cost reimbursement when the student has been privately placed, without ever being enrolled in public school?

What scholarship opportunities are available to students with disabilities?

For how long does a McKay Scholarship continue?

How is the amount of a McKay Scholarship established?

How is a student’s matrix of services established?

What type of notice must a parent provide in order to elect a McKay Scholarship for private school attendance?

What are school districts’ notice obligations relating to McKay Scholarships?

Must the school district provide transportation to a student attending another public school in the district under a McKay scholarship?

What are the eligibility requirements for a private school participating in the McKay Scholarship program?

When is a school district required to pay for the costs of education of a student with a disability placed at a private school by his or her parents?

What protections are available for students with disabilities who do not qualify for special education services under the IDEA?

Does compliance with the IDEA for a student with an IEP satisfy the requirements of Section 504?

May qualified students with disabilities be excluded from programs based on disability?

What type of academic adjustments are generally required for a 504 student?

What type of examination adjustments are generally required for a 504 student?

What type of auxilary or supplemental aides are generally required for a 504 student?

What are the least restrictive environment requirements for a 504 student?

What type of adjustments to nonacademic services are generally required for a 504 student?

What obligation does a school district have to evaluate a student with disabilities to determine eligibility for services under § 504?

What type of procedural safeguards must a school district establish for 504 students?

CHAPTER 3   LIMITED ENGLISH PROFICIENT STUDENTS

What is a limited English proficient or a English Language Learner?

What is ESOL?

What are the rules applicable to enrollment of immigrant and LEP students?

How often must each district submit a LEP/ELL plan to Florida Department of Education?

What must a district’s LEP plan include?

What are the general requirements for parental involvement?

What is a parent’s right to participate in LEP students’ educational programming?

How must a district communicate with parents of LEP students?

What are the requirements pertaining to identifying limited English proficient students at the time of enrollment?

What assessment standards are used to determine whether an assessed student qualifies as limited English proficient?

Once classified as LEP/ELL, how often must a student be reassessed for English proficiency?

What are the standard English language proficiency levels for Oral Skills, Writing, and Reading for CELLA?

When must a student be tested for English proficiency be assessed?

Is a student who is required to be tested for English proficiency entitled to services during the period of testing?

May a parent request further considerations of a determination that a fails to qualify as LEP based on the norm-referenced testing standard?

What is the basic goal of LEP services?

What are the basic standards for LEP services?

What LEP instruction is required?

What type of home instruction is required?

Who are members of a student’s LEP/ELL committee?

What must a student’s LEP/ELL plan include?

When may a request be made for a change to a student’s LEP plan?

For how long is a student determined to be eligible for English proficiency services entitled to receive those services?

What procedures are required to determine a plan for services?

Does a student receive credit towards graduation for ESOL courses?

To what extent must a district provided extended day services to LEP students?

To what extent are LEP students entitled to ESE services?

What are the unique requirements for an IEP of a LEP student?

To what extent must a district provide Dropout Prevention services to LEP students?

To what extent must a district provide Student Services (e.g. guidance counselors, etc.) to LEP students?

To what extent must a district provide Pre-Kindergarden services to LEP students?

Must LEP students participate in statewide assessments?

What are the standards for exiting a LEP/ELL student from program services?

When may a student failing to satisfy the objective testing standards for exit still be exited from the LEP/ELL services?

When must a LEP/ELL student be considered for exit from program services?

What assessments are required for students being considered for an extension of services?

What must the LEP/ELL committee consider in deciding whether to extend services?

What monitoring is required after a former LEP student is exited from LEP services?

What are the requirements for an ESOL endorsement?

What are the inservice requirements for teachers of math, science, social studies, or computer literacy using ESOL instructional strategies who do not hold a valid certificate with ESOL endorsement or coverage?

What are the inservice requirements for teachers of math, science, social studies, or computer literacy using home language instructional strategies who do not hold a valid certificate with ESOL endorsement or coverage?

What are the inservice requirements for teachers of limited English proficient students in subjects other than English, math, science, social studies or computer literacy who did not hold a valid certificate with ESOL endorsement or coverage?

CHAPTER 4   CALENDAR, CLASS-SIZE, ACCOUNTABILITY, CURRICULUM AND EXTRA CURRICULAR PROGRAMS

What is the earliest time at which a school year may begin?

What is the minimum number of school days permitted for a school term?

What is the maximum number of students that may be assigned to each teacher who is teaching core-curricula courses?

By what time must the class size limits be implemented each year?

Must the class size limits be maintained throughout the school year after the October survey?

What is the penalty to a district for exceeding class size?

May the class size penalty be waived?

What are the parameters for the Florida Comprehensive Assessment Test and End-of-Course Assessment Requirements?

What standardized tests are given in Math and in which grades?

What standardized tests are given in Writing and in which grades?

What standardized tests are given in English Language Arts and in which grades?

What standardized tests are given in Science and in which grades?

What standardized tests are given in Civics and in which grades?

Which standardized tests must a student pass in order to graduate?

What are the limitations on the administration of practice assessments?

What local assessments are districts required to adopt, in addition to statewide, standardized assessments?

What components are used to calculate a school’s grade?

What additional factors are considered in calculating the school grade for a middle or junior high school?

What additional factors are considered in calculating the school grade for a high school?

What is an Academically High-Performing School?

What benefits are available to High-Performing Schools?

What are the benefits to A school?

What are the consequences for each school in the district that earns a school grade of C or below?

What are the consequences for each school in the district that earns a school grade of D or below for three years in a row?

What are the consequences for each school in the district that earns a school grade of F?

What are the consequences to a middle school student scoring a level 1 or 2 on the Statewide, standardized Reading assessments?

What are the consequences to a middle school student scoring a level 1 or 2 on the Statewide, standardized Mathmatics assessments?

What are the consequences to a high school student scoring a level 1 or 2 on the Statewide, standardized Reading assessments or English Language Arts (ELA) assessments?

What are the consequences to a high school student scoring a level 1 or 2 on the statewide, standardized Algebra I EOC assessment?

What are a school district’s obligations if it is required to provide opportunity scholarships?

What are a parent’s rights if school district is required to provide the parent opportunity scholarships?

Are new or updated school improvement plans required each year for every school?

What are the general requirements for school improvement plans?

What are the additional requirements for school improvement plans of schools including any of grades 6, 7, or 8?

What are the additional requirements for school improvement plans of schools failing to demonstrate adequate student learning gains or gaps in achievement?

What type of accountability information is a school required to provide to parents?

What are the primary functions of a school advisory council?

What is the required composition of a school advisory council?

How are the members of a school advisory council elected or appointed?

Does the School Board have any role in the election or appointment of school advisory council members?

Is a school district required to provide copies of public records free of charge to individual members of a school advisory council?

What subject areas are a school district’s curriculum required to cover?

What are the student performance standards which must be incorporated into the curriculum?

What grading system must a school district use?

What grade forgiveness policies must a district implement?

In what areas of study is a school district required to excuse a student upon request of the parent?

What types of accelerated learning programs are schools required to offer?

Who establishes the eligibility and procedural requirements for participation in ACCEL programs within a school?

Who establishes the eligibility and procedural requirements for participation in ACCEL programs that impacts more than one school?

Are school districts required to offer virtual education?

What are the options available for a school district to comply with its virtual education program requirements?

Are students required to participate in virtual education?

Are elementary schools required to provide specialized instruction for students with reading deficiencies?

What are the requirements for promotion from middle school?

What are the consequences for a student demonstrating a reading deficiency in Grade 3?

What are the requirements for high school graduation for a student entering the 9th grade prior to the 2013-2014 school year?

What are the requirements for high school graduation for a student?

What grade point average must a student attain in order to earn a standard high school diploma?

What early graduation options are available to students?

What is the definition of a credit?

May a school district prohibit a student who has met all the requirements for graduation from graduating early?

Are students in the juvenile justice system entitled to educational services?

May a school district offer career schools, departments, or classes, giving instruction in career education?

May school districts operate career centers either alone or in cooperation with other school districts?

To what extent may a School Board prohibit the teaching of evolution or require balanced treatment for creation-science and evolution-science?

Under what circumstances must a student be excused from selected parts of a school’s curriculum?

What instructional materials must be provided to students?

Must instructional materials be offered in electronic or digital format?

Who is responsible for selecting the adoption of instructional materials?

What is the term of adoption for instructional materials?

What are the restrictions on use of a school district’s instructional materials allocation?

Do parents have a right to purchase a copy of instructional materials?

May a school charge dual enrollment students for copies of instructional materials?

CHAPTER 5   TEACHER EMPLOYMENT ISSUES

What are the basic types of teacher contracts?

Who establishes the minimum qualification for teachers in positions not requiring state certification?

May a state certified member of the instructional staff teach a class that is out of the field of the teacher’s certification?

What are the limitations on transferring or promoting members of the instructional staff?

What are the special rules relating to assignment of teachers to D or F schools?

What are the determining factors for deciding which teachers are selected for a reduction in force?

Who has the authority to develop evaluation systems for instructional personnel employed by the School District?

What are the general requirements of a District’s evaluation system for instructional personnel?

What are the specific requirements of a District’s evaluation system for instructional personnel?

How is student academic performance measured?

Who must conduct a teacher’s evaluation?

What procedures must take place upon completion of the evaluation?

What type of notice must be given to a teacher on professional services contract receiving an unsatisfactory evaluation?

What are the parent notification requirements for teachers receiving unsatisfactory evaluations?

May a teacher on a professional services contract on probation seek a transfer?

What procedures are required at the conclusion of the probation?

What type of contract(s) are available to teachers after July 1, 2011?

What is the nature of a probationary contract?

Is a teacher on probationary status entitled to re-employment at the end of each year?

Is a teacher on an annual contract entitled to re-employment at the end of each year?

May a collective bargaining agreement require a School Board to show just cause for the non-renewal of a teacher on probationary status or annual contract?

May an arbitrator order a School Board to renew a probationary or annual contract teacher’s contract for another year’s term as a remedy for breach of provisions in the collective bargaining agreement on teacher evaluation procedures?

What notices are required to terminate a teacher on an annual contract at the conclusion of the term of the teacher’s contract?

In what circumstances may the School Board terminate a teacher on annual contract during the term of the contract?

What procedures are required to terminate a teacher on annual contract during the term of the contract?

May a school board ever return an employee under a professional service contract to an annual contract?

Is a teacher on a professional services contract entitled to re-employment at the end of each year?

What are the procedures necessary to dismiss a teacher on professional services contract for just cause?

Is a teacher being returned to annual contract entitled to an Administrative Procedures Act hearing?

On what grounds may a teacher on a professional services contract be terminated during the term the contract?

What are some examples of grounds which have been upheld as constituting "just cause for termination?

Under what circumstances may a School Board suspend a member of the instructional staff who is on a professional services contract without pay?

What teachers are eligible for continuing contract?

Under what circumstances may a teacher on continuing contract be dismissed or returned to annual contract?

What are the procedures required for terminating a teacher on continuing contract?

Under what circumstances may a School Board suspend a member of the instructional staff who is under a professional services or continuing contract without pay?

Is a teacher on a professional services or continuing contract entitled to a full evidentiary hearing prior to being suspended without pay, if the teacher is also being recommended for termination?

What must be the primary basis for terminating a teacher as a result of performance deficiencies?

How does a School Board initiate termination proceedings against a teacher on either a continuing contract or professional services contract?

What type of service is required to initiate termination proceedings against a teacher on either a continuing contract or professional services contract?

If an employee requests a hearing to contest the charges, who conducts the hearing?

If the hearing is conducted by an administrative law judge assigned by the Division of Administrative Hearings, what standards apply to the School Board’s review of the recommended order?

Can a teacher be criminally charged under Fla. Stat. § 827.03 for abuse or neglect of a student for actions which occur during the school day?

What are the general requirements and/or limitations for providing for the compensation of instructional personnel?

What are the basic parameters for a performance pay salary schedule?

What is the difference between a salary adjustment and a salary supplement?

Are there any limitations on adjusting salary schedules due to financial constraints?

Which instructional personnel are required to be compensated under the performance pay salary schedule?

Are there limitations on which instructional personnel may elect to switch from the grandfathered salary schedule to the performance salary schedule?

Can a member of the instructional staff who elects to be compensated under the performance pay schedule later elect to return to continuing or professional services contract or the grandfathered salary schedule?

When do members of the instructional staff commence compensation pursuant to the performance salary schedule?

What are the limitations on using advanced degree to increase the total compensation of instructional personnel?

May School Boards provide its employees with cost-of-living adjustments?

CHAPTER 6   ADMINISTRATOR AND SUPPORT STAFF EMPLOYMENT ISSUES

Who are considered educational support staff?

Which educational support staff members must undergo a criminal background check?

Are non-probationary support staff entitled to annual renewals of their contract?

What are the procedures for terminating a member of the support staff?

What are the limitations on the responsibilities assigned to educational paraprofessionals?

What are the minimum qualifications for a school bus driver?

Are any members of the support staff required to be compensated under the performance pay salary schedules?

Which administrators must undergo a criminal background check?

What types of contracts may be extended to supervisors or Principals?

May School Boards enter into multi-year contracts with other administrators?

What are