Bylaws & Policies

The School Board of Pinellas County

Adopted December 9, 2009

Amended April 9, 2019

District Bylaws and Policy- Pinellas County Schools - Page 2 of 695

ADOPTION RESOLUTION

RESOLVED, that the bylaws and policies printed and codified in the comprehensive document entitled "Bylaws and

Policies of the School Board of Pinellas County" are hereby adopted and that all bylaws and policies heretofore adopted

by the School Board of Pinellas County are hereby rescinded, further be it

RESOLVED, that in the event any policy, part of a policy or section of the bylaws is judged to be inconsistent with law,

inoperative by a court of competent jurisdiction or is invalidated by a policy or contract duly adopted by this Board, the

remaining bylaws, policies and parts of policies shall remain in full effect.

Take notice that the foregoing resolution was adopted by the School Board of Pinellas County at a public meeting held

at, Pinellas, Florida on, December 8, 2009.

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TABLE OF CONTENTS

CHAPTER 0000 – BYLAWS

CHAPTER 1000 – ADMINISTRATION

CHAPTER 2000 – PROGRAM

CHAPTER 3000 – INSTRUCTIONAL STAFF

CHAPTER 4000 – SUPPORT STAFF

CHAPTER 5000 – STUDENTS

CHAPTER 6000 – FINANCES

CHAPTER 7000 – PROPERTY

CHAPTER 8000 – OPERATIONS

CHAPTER 9000 – COMMUNITY RELATIONS

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0000 BYLAWS

0100 Definitions

0110 Identification

0111 Name

0112 Geographical District

0113 Address

0114 Seal

0115 Agency Clerk

0118 Purpose of the Board

0120 Powers, Boardmanship, and Ethics

0121 Responsibilities and Authority of the Board

0122 Board Powers

0122.1 Member Powers

0123 Standards for School Board Member Ethics and Boardmanship

0130 Functions

0131 Rule-making

0131.1 Technical Corrections

0131.2 Variances and Waivers

0133 Quasi-Judicial Hearings

0134 School Board Performance Audit Function

0140 Membership

0141 Number

0141.2 Conflict of Interest

0141.3 Conflicting Employment or Contractual Relationship

0142 Qualifications

0142.1 Oath

0142.3 Orientation

0143 Election

0143.1 District Board Member Residence Areas

0144 Term

0145 Filling a Board Vacancy

0146 Removal

0147 Compensation

0148 Use of Equipment and Services

0149 Access to Records

0149.1 Public Expressions of Members

0149.2 Board Member Participation at District Committee Meetings

0149.3 Board-Staff Communications

0149.4 Public Communication to the Board

0149.5 Campaign Activities

0150 Organization

0151 Organizational Meeting

0152 Officers

0153 Committee Assignments

0154 Day, Place, and Time of Meetings

0155 Committees

0156 School Board Attorney

0157 Settlement of Certain Legal Claims

0160 Meetings

0161 Parliamentary Authority

0162 Quorum

0163 Presiding Officer

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0164 Notice of Meetings

0165 Meetings

0165.1 Agendas

0165.2 Regular Meetings

0165.3 Special Meetings

0165.4 Emergency Meetings

0165.5 Recess

0165.6 Adjourn

0166 Executive Session

0166.1 Workshop

0167 Voting

0167.1 Use of Electronic Resources

0168 Minutes

0169.1 Public Participation at Board Meetings

0170 Duties

0171 Review of Policy

0173 Board Officers

0175.1 Board Conferences, Conventions, and Workshops

1000 ADMINISTRATION

1001 District Organization

1010 Board - Superintendent Relationship

1030 Superintendent of Schools

1040 Evaluation of the Superintendent

1060 Vacancy in the Office of the Superintendent

1113 Conflicting Employment or Contractual Relationship

1115 Decentralized Decision-Making

1120 Employment of Administrators

1121 Conditions for Initial Employment of Administrators

1121.01 Criminal Background and Employment

1122 Nondiscrimination and Equal Employment Opportunity

1124 Alcohol and Drug-Free Workplace

1128 Employment Contract

1129 Conflict of Interest

1130 Assignments

1130.01 Reassignments of Administrators

1140 Discipline of Administrators

1140.01 Disciplinary Suspension Without Pay for Three (3) Days or Less

1150 Resignation

1160 Medical Examinations Related to Fitness for Duty

1161 Unrequested Leaves of Absence

1170 Substance Abuse

1170.01 Employee Assistance Program (EAP)

1170.02 Records and Reports

1210 Standards of Ethical Conduct for Administrative Staff

1211 Whistleblower

1213 Student Supervision and Welfare

1213.01 Communications with Students Via Electronic Media

1214 Solicitation or Acceptance of Gifts or Unauthorized Compensation

1215 Tobacco and Nicotine Use

1216 Dress and Grooming

1217 Firearms and Weapons

1220 Appraisal of Administrative Personnel

1231 Outside Activities of Administrators

1232 Political Activities

1235 Jury/Witness Duty

1240 Temporary Duty Elsewhere

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1242 Staff Development

1281 Use of Employee's Personal Property at Work

1310 Freedom of Speech in Noninstructional Settings

1362 Policy Against Harassment and Discrimination

1362.01 Anti-Harassment Complaint Procedure (Repealed March 15, 2011)

1410 Compensation

1415 Retirement

1419.02 Privacy Protections of Fully Insured Group Health Plans

1420 Employee Benefits

1430 Leaves of Absence

1430.01 FMLA Leave

1430.02 Sick Leave

1430.03 Military Leave

1430.04 Personal Leave with Pay

1430.05 Leave with Pay - Illness or Injury Incurred in the Performance of Duty

1430.06 Vacation

1430.07 Short/Long Term Leaves

1431 Absence of Administrators

1440 Job-Related Expenses

1550 Complaints Against Administrative Staff

1590 Personnel File

1600 Job Descriptions

2000 PROGRAM

2105 Mission of the District

2110 District Strategic Plan

2111 Parent Involvement in the School Program

2111.01 Parent Participation in Title I Programs

2111.02 Family and School Partnership for Student Achievement

2120 School Improvement

2125 School Advisory Councils

2130 District Monitoring and Advisory Committee (DMAC)

2140 Independent Citizens Referendum Oversight Committee (ICROC)

2205 Instructional Planning and Lesson Plans

2210 Curriculum Development

2235 Academic Freedom

2240 Controversial Issues

2250 Fundamental Schools, Magnet Programs, and Career Academies

2260 Nondiscrimination and Access to Equal Educational Opportunity

2260.01 Religious Expression in Public Schools

2260.03 Section 504

2262 School Age Child Care

2270 Religion in the Curriculum

2271 Postsecondary Enrollment Programs

2340 Field Trips and Other District-Sponsored Trips

2410 Special Services

2411 Guidance and Counseling

2412 Homebound Instruction Program

2414 Accreditation

2416 Student Survey Administration and Parental Access to Information

2417 Human Sexuality Curriculum

2421 Vocational/Technical Education Program

2421.01 Students as Trainees

2423.01 Career and Professional Education

2424 Student Internships

2430 District-Sponsored Clubs and Activities

2430.01 Special Programs by Community Volunteers

2430.03 Mentoring Program

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2431 Interscholastic Athletics

2440 Summer Extended Learning Program

2451 Dropout Prevention Services

2460 Exceptional Student Education

2470 Education of English Language Learners (ELLs)

2510 Instructional Materials, Including Textbooks

2531 Copyrighted Works

2540 Use of Multi-Media

2605 Research and Evaluation

2623 Student Assessment

2630 Service Animals

3000 INSTRUCTIONAL STAFF

3113 Conflicting Employment or Contractual Relationship

3120 Employment of Instructional Staff

3120.04 Employment of Temporary, Substitutes, Part-Time Instructional Staff

3120.05 Adult Education Certification

3120.06 Selecting Student Teachers/Administrative Interns

3120.08 Part-Time Extra-Curricular Personnel

3120.09 Mentoring Program Volunteers

3120.10 Job Sharing

3121 Condition for Initial Employment of Instructional Staff

3121.01 Criminal Background and Employment

3122 Nondiscrimination and Equal Employment Opportunity

3124 Alcohol and Drug-Free Workplace

3128 Contracts: Instructional Personnel

3129 Conflict of Interest

3129.01 Tutoring

3130 Assignments

3130.01 Re-Assignment of Instructional Staff

3140 Discipline of Instructional Staff

3140.01 Disciplinary Suspension Without Pay for Three (3) Days or Less; Return to

Annual Contract

3150 Resignations

3160 Medical Examinations Related to Fitness for Duty

3161 Unrequested Leaves of Absence

3170 Substance Abuse

3170.01 Employee Assistance Program (EAP)

3210 Standards of Ethical Conduct for Instructional Staff

3211 Whistleblower

3213 Student Supervision and Welfare

3213.01 Communications with Students Via Electronic Media

3214 Solicitation or Acceptance of Gifts or Unauthorized Compensation

3215 Tobacco and Nicotine Use

3216 Staff Dress and Grooming

3217 Firearms and Weapons

3220 Appraisal of Instructional Staff

3231 Outside Activities of Staff

3232 Political Activities

3235 Jury/Witness Duty

3240 Temporary Duty Elsewhere

3242 Staff Development

3281 Use of Employee's Personal Property at Work

3310 Freedom of Speech in Noninstructional Settings

3362 Policy Against Harassment and Discrimination

3410 Compensation

3415 Retirement

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3419.02 Privacy Protections of Fully Insured Group Health Plans

3420 Employee Benefits

3430 Leaves of Absence

3430.01 FMLA Leave

3430.02 Sick Leave

3430.03 Military Leave

3430.04 Personal Leave with Pay

3430.05 Leave with Pay - Illness or Injury Incurred in the Performance of Duty

3430.07 Short/Long Term Leaves

3440 Job-Related Expenses

3531 Unauthorized Work Stoppage

3550 Complaints Against Instructional Staff

3590 Personnel File

3600 Job Descriptions

4000 SUPPORT STAFF

4113 Conflicting Employment or Contractual Relationship

4120 Employment of Support Staff

4120.04 Employment of Substitutes and Temporary Support Staff

4121 Conditions for Initial Employment of Support Staff

4121.01 Criminal Background and Employment

4122 Nondiscrimination and Equal Employment Opportunity

4124 Alcohol and Drug-Free Workplace

4129 Conflict of Interest

4129.01 Tutoring

4130 Assignments

4130.01 Reassignment of Support Staff

4140 Discipline of Support Staff

4140.01 Disciplinary Suspension Without Pay for Three (3) Days or Less

4150 Resignation

4160 Medical Examinations Related to Fitness for Duty

4161 Unrequested Leaves of Absence

4162 Drug and Alcohol Testing of CDL License Holders

4170 Substance Abuse

4170.01 Employee Assistance Program (EAP)

4210 Standards of Ethical Conduct for Support Staff

4211 Whistleblower

4213 Student Supervision and Welfare

4213.01 Communications with Students Via Electronic Media

4214 Solicitation or Acceptance of Gifts or Unauthorized Compensation

4215 Tobacco and Nicotine Use

4216 Staff Dress and Grooming

4217 Firearms and Weapons

4220 Appraisal of Support Personnel

4231 Outside Activities of Support Staff

4232 Political Activities

4235 Jury/Witness Duty

4240 Temporary Duty Elsewhere

4242 Staff Development

4281 Use of Employee's Personal Property at Work

4310 Freedom of Speech in Noninstructional Settings

4362 Policy Against Harassment and Discrimination

4410 Compensation

4411 Differentiated Pay

4415 Retirement

4419.02 Privacy Protections of Fully Insured Group Health Plans

4420 Employee Benefits

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4430 Leaves of Absence

4430.01 FMLA Leave

4430.02 Sick Leave

4430.03 Military Leave

4430.04 Personal Leave with Pay

4430.05 Leave with Pay - Illness or Injury Incurred in the Performance of Duty

4430.06 Vacation

4430.07 Short/Long Term Leaves

4440 Job-Related Expenses

4531 Unauthorized Work Stoppage

4550 Complaints Against Support Staff

4590 Personnel File

4600 Job Descriptions

5000 STUDENTS

5111.01 Homeless Students

5111.02 Educational Opportunity for Military Children

5112 Entrance Requirements

5113 School of Choice Options Provided by the No Child Left Behind

5114 Foreign Students

5120 Assignment Within District

5120.01 Controlled Open Enrollment Plan

5130 Withdrawal from School

5131 Student Transfer - Impact on Athletic Eligibility

5200 Compulsory Attendance

5210 Late Entries

5215 Missing and Absent Children

5223 Absences for Religious Instruction

5230 Late Arrival and Early Dismissal

5310 Health Services

5320 Immunization and Health Examination

5330 Use of Medications

5330.01 Self-Administered Medication

5335.01 Food Allergies

5341 Emergency Medical Authorization

5410 Student Progression

5410.01 Required Core Curriculum/Promotion/Retention/Acceleration - Elementary

5410.02 Regular Program Core Curriculum/Promotion/Retention/Acceleration – Middle

School

5420.01 Reporting Student Progress - Elementary

5420.02 Reporting Student Progress - Middle School

5420.03 Reporting Student Progress and Class Ranking - High School

5430 Class Rank

5440 High School Credit and Student Performance Standards

5451 Student Recognition

5451.01 Student Honors

5455 Florida's Bright Futures Scholarship Program

5460 Graduation Requirements

5463 Credits from Other Schools

5464 Early Completion of Graduation Requirements

5465 General Education Development (GED) Tests

5470 Biological Experiments on Living Subjects

5500 Code of Student Conduct

5500.01 Code of Student Conduct - Parental Responsibilities

5500.02 Code of Student Conduct - Student Rights

5500.03 Code of Student Conduct - Student Responsibilities

5500.04 Code of Student Conduct - Dress Code

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5500.05 Code of Student Conduct - Student Attendance

5500.06 Code of Student Conduct - High School Attendance

5500.07 Code of Student Conduct - Discipline

5500.08 Code of Student Conduct - Misconduct That Requires Specific Consequences

5500.09 Code of Student Conduct - Conduct on School Buses

5500.10 Code of Student Conduct - Disciplinary Action

5500.11 Code of Student Conduct - Discipline for Students with Disabilities

5500.12 Code of Student Conduct - Suspension/Expulsion

5500.13 Code of Student Conduct - Grievance Procedures

5501 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education

5501.01 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Student Rights

5501.02 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Dress Code

5501.03 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Student Attendance

5501.04 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Grounds for Suspension/Dismissal

5501.05 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Student Misconduct that Requires Specific Consequences

5501.06 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Tobacco and Nicotine

5501.07 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Prohibited Substances Including Illegal Drugs, Alcoholic

Beverages, and Harmful Substances

5501.08 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Bombs and Bomb Threats

5501.09 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Possession of Guns and Weapons

5501.10 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Felony Charges

5501.11 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Disciplinary Action and Procedures

5501.12 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Due Process Procedures

5501.13 Code of Student Conduct for Postsecondary Career, Technical, and Adult

Education - Grievance Procedures

5502 Removal of Students from Class

5513 Care of School Property

5517 Policy Against Harassment and Discrimination

5517.01 Policy on Bullying and Harassment

5517.03 Teen Dating Violence and Abuse

5630 Use of Reasonable Force And Restraint

5630.01 Use of Seclusion and Restraint on Students with Disabilities

5722 Student Publications

5730 Equal Access For Nondistrict-Sponsored, Student Clubs and Activities

5735 Principal's Multicultural Advisory Committee

5751 Parental-Married Status of Students

5830 Student Fund-Raising

6000 FINANCES

6100 Uniform Records and Accounts

6105 Authorization to Use Facsimile Signature

6107 Authorization to Accept and Distribute Electronic Records, to Use Electronic

Signature, and Make Electronic Fund Transfers

6110 Grant Funds

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6140 Public Depository

6144 Investments

6145 Borrowing

6152 Student Fees, Fines, and Charges

6152.01 Waiver of School Fees

6210 Fiscal Planning

6220 Budget Preparation

6231 Appropriations and Spending Plan

6232 Appropriations Implementation

6320 Purchasing and Bidding

6320.01 Non-Discrimination in Purchasing and Contracting

6330 Acquisition of Professional Architectural, Engineering, Landscape

Architectural, or Land Surveying Services, & Construction Managers at Risk

6340 Modifications and Alterations to School Buildings

6345 Change Orders

6423 Use of Credit Cards

6424 Purchasing Cards

6440 Cooperative Purchasing

6460 Vendor Relations

6462 Photographs of Students

6464 Purchase of Commemorative Items

6470 Payment of Claims

6470.01 Payment of Vouchers

6480 Expenditures

6510 Payroll Authorization

6520 Payroll Deductions

6530 Unemployment Compensation

6550 Travel and Per Diem

6555 Membership Dues and Fees

6610 Internal Account Funds

6620 Petty Cash Funds

6830 Audit

7000 PROPERTY

7100 Facilities Planning

7101 Building Permits and the Code Enforcement Office

7110 Student Accommodation

7217 Firearms and Weapons

7230 Gifts to the School District

7240 Site Acquisition

7250 Naming and Commemoration of District Facilities

7300 Property Custodianship and Insurance

7305 Real Property Rights

7315 Disposition of Real Property

7315.01 Land Record Management

7320 Acquisition and Removal of Tangible Property

7320.01 Disposal, Sale, or Exchange of Tangible Property

7410 Maintenance and Operations

7420 Sanitation and Housekeeping

7434 Tobacco and Nicotine Use

7440 Plant Security

7440.02 Vandalism, Damage, Loss, and Malicious Mischief

7450 Property Inventory

7455 Accounting System for Fixed Assets

7460 Conservation of Natural and Material Resources

7510 Land and Facility-Use Agreements

7511 Facility Leasing

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7530 Lending of District-Owned Equipment

7530.01 Staff Use of Electronic Communication Devices

7540 Computer Technology and Networks

7540.02 District Web Page

7540.03 Network/Internet Acceptable Use Agreement

7540.04 Use of Electronic Resources

8000 OPERATIONS

8141 Mandatory Reporting of Employee Misconduct

8210 School Calendar

8210.01 Religious Holiday Exemptions

8220 School Day

8310 Public Records Inspection and Examination

8320 Records Management

8330 Student Records

8330.01 Legal Name on Student Records

8350 Confidentiality

8351 Confidentiality of Social Security Numbers

8400 Environmental Health and Safety Issues

8405 School Safety

8410 Crisis Event Intervention and Response

8410.01 Critical Incident Response

8415 Schools Police Operations

8420 Emergency Preparedness of Schools

8442 Reporting Accidents

8450 Control of Casual-Contact Communicable Diseases

8452 Use of Automated External Defibrillators (AED)

8453 Direct Contact Communicable Diseases

8453.01 Control of Blood-Borne Pathogens

8462 Student Abuse and Neglect

8470 Community Notification of Registered Sexual Predators/Sex Offenders

8475 Criminal Background Screening - Noninstructional Contractors

8500 Food Services

8510 Wellness

8531 Free and Reduced-Price Meals

8540 School Stores and Vending Machines

8600 Transportation

8600.01 Safe Driver Plan

8600.02 Requirements for School Bus Drivers

8600.04 Bus Driver Certification

8611 Off-Site Student Pedestrian/Bicycle Transportation Safety

8640 Transportation for Field and Other District-Sponsored Trips

8651 Employee Transportation

8660 Transporting Students by Private Vehicle

8700 Anti-Fraud

8710 Insurance

8740 Bonding

8760 Student Accident Insurance

8800 Religious Observances

8810 Patriotic Displays

8900 Printing/Copying Services

8910 Publishing Standards

9000 COMMUNITY RELATIONS

9120 Public Information Program

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9130 Public Complaints

9150 School Visitors

9160 Public Attendance at School Events

9180 Volunteers

9210 Parent Organizations

9211 Parent Organizations, Booster Clubs, and Other Fund-Raising Activities

9212 Entertainment and Fund Drives

9270 Home-Education

9300 Recognition of Students, Staff, and Community Members

9500 Relations with Educational Institutions and Organizations

9700 Relations with Special Interest Groups

9700.01 Advertising and Commercial Activities

9701 Distribution of Materials and Literature to Students

9701.01 Announcement of Non-School Events (rescinded April 10, 2018)

9800 Charter Schools

9900 High School Diplomas to World War II and Korean Conflict Veterans

9901 Accessing High School Students Regarding Postsecondary Opportunities

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DEFINITIONS

Whenever the following items are used in these bylaws and policies, they shall have the meaning set forth below:

Administrative Procedures

Internal management memoranda which do not affect either the private interests of

any person or any plan or procedure important to the public and which have no

application outside the agency issuing the memorandum.

Board

The School Board of Pinellas County.

Bylaw

Policy of the Board for its own governance.

Chairman

The presiding officer of the Board. (See Bylaw 0163)

Compulsory School Age

All children who have attained the age of six (6) years or who will have attained the

age of six (6) years by February 1st of any school year or who are older than six (6)

years of age but who have not attained the age of sixteen (16) years, except as

otherwise provided in Florida statute, are required to attend school regularly during

the entire school term. F.S. 1003.21

District

The School District of Pinellas County.

District-Based Noninstructional Administrators

Included in this classification are persons with District-level administrative duties who

have broad authority for the management of policies and general District operations

related to the noninstructional program. Such personnel often report directly to the

Superintendent and supervise other administrative employees. This classification

includes assistant, area

, or deputy superintendents and directors of major

noninstructional areas, such as personnel, construction, facilities, transportation,

data processing, and finance. (F.S. 1012.01(2)(b))

Due Process

The safeguards to which a person is entitled in order to protect his/her rights.

Major Tangible Personal School Property

Any tangible personal property, of a nonconsumable nature, owned by the Board

which has a capitalized value equal to or greater than the value defined in Florida

statute and a normal life expectancy of one (1) year or more. (F.S. 274)

May

District Bylaws and Policy- Pinellas County Schools - Page 15 of 695

This word is used when an action by the Board or its designee is permitted but not

required.

Meeting

Any gathering, whether formal or casual, of two (2) or more members of the Board to

discuss some matter on which foreseeable action will be taken by the Board. All

meetings shall comply with Florida Laws (Sunshine Law).

Minor Tangible Personal School Property

Those items which are tangible, of a nonconsumable nature, with a life expectancy

of one (1) year or more and with a value less than that amount defined in Florida

statute. (F.S. 274)

Parent

Either or both parents of a student, any guardian of a student, any person in a

parental relationship with a student, or any person exercising supervisory authority

over a student in place of the parent.

Policy

A written statement by the Board which defines its expectations or position on a

particular matter and authorizes appropriate action that must or may be taken to

establish and/or maintain those expectations.

Principal

The principal shall be the administrative and supervisory head of the school to which

assigned by the Board and shall be responsible for the enforcement of all Board

regulations and Florida State statutes which pertain to the office. In policy, implies

delegation of responsibilities to appropriate staff members. F.S. 1001.41, 1212.28

Property

All buildings, grounds, and other real or personal property belonging to, held by, or

used by the Board shall be referred to as school property.

Rule

A statement of general applicability that implements, interprets, or prescribes law or

policy, or describes the procedures or practice requirements of the Board. As used

in this document, the term "rule" and "policy" shall have the same definition.

Shall

This word is used when an action by the Board or its designee is required. (This

word is synonymous with "will" or "must".)

Student

A person who is officially enrolled in a school or program of the District.

Superintendent

The secretary and executive officer of the Board. Unless otherwise specific in policy,

the term implies delegation of authority, with retention of responsibility to appropriate

staff members.

District Bylaws and Policy- Pinellas County Schools - Page 16 of 695

Vice-Chairman

The Vice-Chairman of the Board.

Statutory and Code of Notations - A. Citations to Florida statute are noted as F.S. B. Citations to the rules of the State

Board of Education are noted as F.A.C. (Florida Administrative Code) C. Citations to the Federal Register are noted as

F.R. D. Citations to the Code of Federal Regulations are noted as C.F.R. E. Citations to the United States Code are

noted as U.S.C.

F.S. 274, 1001.41, 1012.01(2)(b)

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IDENTIFICATION

0111

Name

The School Board of this District shall be known officially as The School Board of

Pinellas County, Florida.

F.S. 1001.40

0112

Geographical District

The District consists of all the areas that comprise Pinellas County, Florida.

F.S. 1001.30

0113

Address

The official address of the School Board is 301 Fourth Street SW, Largo, Florida

33770.

0114

Seal

The School Board shall adopt an official seal.

0115

Agency Clerk

The School Board designates the administrative assistant to the Board as the clerk

of the Board.

The address of the clerk of the Board is 301 4th Street S.W., Largo, Florida 33770.

The telephone number of the clerk of the Board is 727-588-6300.

Any paper, pleading, or notice required to be filed with the Board shall be filed with

the clerk unless otherwise specified in these rules.

Any paper, pleading, or notice filed with the clerk shall be stamped with the time and

date received and the clerk will forward it to the appropriate department or office.

The clerk is authorized to accept service of process in any litigation against the Board.

Upon receipt of same, the clerk shall promptly deliver it to the

School Board

Attorney’s office and obtain a receipt. The clerk shall not be required to maintain a

copy of the process or other suit papers.

The clerk shall time and date stamp any recommended order, provide the original to

the Board attorney who shall notify by regular U.S. mail any affected party of the date

and time received.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

0118

Purpose of the Board

The School Board is a constitutional body charged with the responsibility for

operating, controlling, and supervising a

system of public education in the District.

The system was created, and is governed by, the Constitution and laws of the State

of Florida. Members of the Board are constitutional officers elected by citizens to

represent them in the management of the District.

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The Board has the responsibility for implementing statutory requirements pertaining

to public education. While the Board has an obligation to consider citizen input, it is

understood that when the citiz

ens elect delegates to represent them in the

development and implementation of specified educational programs, they, at the

same time, give their representatives the authority to exercise their best judgment in

determining policies, making decisions, and approving procedures for carrying out

the responsibility.

The Board declares and, thereby, reaffirms its intent to:

maintain open communications with citizens of the District. The Board shall

keep them informed of the progress and challenges of the District, and the

citizens shall be encouraged to bring their ideas and concerns about the

educational system to the attention of this body;

establish policies and make decisions in alignment with the strategic

direction of the Board; and

act as a truly representative body for citizens in all matters related to

programs and operations. The Board has been assigned specific

constitutional and statutory authority through statute, and the Board shall not

relinquish or fail to exercise that authority.

District Bylaws and Policy- Pinellas County Schools - Page 19 of 695

POWERS AND ETHICS

0121

Responsibilities and Authority of the Board

The School Board is responsible for the organization and control of the public schools

of the District and is empowered to determine the policies necessary for the effective

and efficient operation and the general improvement of the school system. The

Board is constituted by the State Constitution and Florida statutes.

0122

Board Powers

The School Board shall operate, control, and supervise all public schools in the

District and may exercise any power except as expressly prohibited by the State

Constitution or general law.

The Board, after considering recommendations submitted by the Superintendent,

shall exercise general powers that include but are not limited to the following:

determine policies and programs consistent with State law and rule deemed

necessary by it for the efficient operation and general improvement of the

District;

adopt rules to implement the provisions of law conferring duties upon it to

supplement those prescribed by the State Board of Education and the

Commissioner of Education;

prescribe and adopt standards and policies to provide each student the

opportunity to receive a complete education program, including language

arts, mathematics, science, social studies, health, physical education,

foreign languages, and the arts, as defined by the Sunshine State Standards;

contract, sue, and be sued;

The Board shall constitute the contracting agent for the District.

perform duties and exercise those responsibilities that are assigned to it by

law or by rules of the State Board of Education or the Commissioner of

Education and, in addition thereto, those that it may find to be necessary for

the improvement of the District in accordance with law;

assign students to schools.

F.S. 1001.32, 1001.41, 1001.42, 1001.43

0122.1

Member Powers

The role of the School Board, as with any legislative body, is to act collectively, not

individually. The authority and responsibility of individual Board members does not

extend to the execution of the rules adopted by the Board. Individual Board members

have no authority and shall not attempt to act as administrators of the District.

0123

Standards for School Board Member Ethics and Boardmanship

School Board members shall obtain and abide by the Code of Ethics for Public

Officers and Employees pursuant to F.S. 112.311 et seq.

District Bylaws and Policy- Pinellas County Schools - Page 20 of 695

Additionally, while serving on the School Board, each member shall agree to uphold

the following standards:

remember that the first and greatest concern must be the educational welfare

of all students attending the public schools, regardless of disability, race,

national origin, creed, sex, sexual orientation, or socio-economic status;

obey the law of Florida and the United States and bring about desired

changes through legal and ethical procedures;

respect the confidentiality of privileged information;

recognize that as an individual Board member there is no authority to speak

or act for the Board;

avoid conflicts of interest or the appearance thereof;

recognize that authority for administration of the District rests with the

Superintendent;

encourage ongoing communications among Board members, the Board,

students, staff, and the community;

render all decisions based on the available facts and independent judgment

rather than succumbing to the influence of individuals or special interest

groups;

make a concerted effort to attend all Board meetings and workshops;

become informed concerning the issues to be considered at each meeting;

improve boardmanship by studying educational issues and by participating

in professional development provided by FSBA, NSBA, or other such

organizations;

support the employment of staff members based on qualifications and not as

a result of influence;

support a system of regular and impartial evaluations of all staff;

cooperate in assessing the effectiveness of the Board as a whole as well as

each Board member;

refrain from using the Board position for personal benefit or the benefit of

family members or business associates;

express personal opinions but, once the Board has acted, accept the will of

the majority; and

encourage recognition of the achievements of students and staff and the

involvement and support of business and community members.

District Bylaws and Policy- Pinellas County Schools - Page 21 of 695

FUNCTIONS

0131

Rule-making

The School Board is the policy making body for the District. After considering

recommendations submitted by the Superintendent, the Board shall determine

policies as deemed necessary for its governance and the governance of its

employees and students on its grounds or premises by adopting bylaws and policies

for the organization and operation of the Board and efficient operation and general

improvement of the District.

F.S. 1001.41

Board policies shall be reduced to writing and shall be adopted as rules to be

contained in The Policy Manual of the School Board of Pinellas County, Florida,

hereinafter referred to as The Policy Manual.

Any Board employee, citizen, or agency may obtain information relating to the

method for

proposing a policy or may submit a policy proposal to the

Superintendent's office.

The Board policies shall also be accessible to all school employees, students, and

parents on the District's web site.

Adopting Policies

The adoption, modification, repeal, or suspension of a Board bylaw or policy shall be

recorded in the minutes of the Board. All bylaws and policies shall be published in

the Board policy manual. No policy can be in conflict with the law. In the event of a

conflict between policy and a collective bargaining agreement

, the collective

bargaining agreement shall prevail.

Board adoption of policies or revisions to policies shall be pursuant to the rulemaking

provisions of Florida statutes.

F.S. 120.536(1), 120.54

These policies may be amended, repealed, or a new rule adopted as hereinafter

prescribed. The term "rule" is defined in Florida statutes; it does not include "curricula

by an educational unit", thereby, removing the development or

prescription of

curriculum by a Board from the procedural requirements established for rule making.

Required Rule Adoption

Any policy of the Board that constitutes an agency statement of general applicability

that implements, interprets, or prescribes law or policy or describes the organization,

procedure, or practice requirements of the Board shall be adopted as a rule by the

Board pursuant to the procedures set forth herein.

Any form which imposes any requirement or solicits any information not specifically

required by statute or by existing rule shall also constitute a rule that must be adopted

by the Board.

Any amendment or repeal of an existing rule must also be adopted by the Board

pursuant to these procedures.

District Bylaws and Policy- Pinellas County Schools - Page 22 of 695

Internal management memoranda that affect the private interest of any person and

which have application outside the District shall also constitute a rule that must be

adopted by the Board.

Internal management memoranda that affect any plan or procedure important to the

public and which have application outside the District shall also constitute a rule that

must be adopted by the Board.

The following are not rules that must be adopted by the Board:

legal memoranda or opinions issued by the School Board Attorney prior to

their use in connection with Board action;

the preparation or modification of the Board budget; contractual provisions

reached as a result of collective bargaining; and/or curricula.

Each rule adopted by the Board shall contain only one (1) subject.

A rule may incorporate material by reference, but only as the material exists on the

date the rule is adopted. For purposes of the rule, changes in material are not

effective unless the rule is amended to incorpor

ate the changes. Material

incorporated by reference in a rule may not incorporate additional material by

reference unless the rule specifically identifies the additional material.

F.S. 120.54(1)(i)(1)

A Board rule that incorporates by specific reference another rule of the Board

automatically incorporates subsequent amendments to the referenced rule, unless a

contrary intent is clearly indicated in the referencing rule. Any notice of amendments

to a rule that has been incorporated by specific reference in other rules of the Board

must explain the effect of the amendments on the referencing rules.

F.S. 120.54(1)(I)(2)

Any proposed amendment to a rule shall set out the amended rule in full with

deletions shown by strikethroughs and additions shown by underlining.

Rule Adoption Procedure

The adoption, amendment, or repeal of any rule may be initiated by the

Superintendent on his/her own initiative, or by the Superintendent as directed by the

Board or by any person having a substantial interest in the Board rule.

When initiated by the Superintendent, the Superintendent shall prepare an agenda

item for presentation to the Board. The agenda item shall contain the full text of the

proposed rule with the Superintendent's recommendation as to whether the Board

should agree to consider the adoption of the proposed rule and proceed with the

required public notice and hearing.

The originator of request for revision to rules shall submit a written request for the

revision or addition of a rule including the rationale for change and the proposed

language to be used.

An employee should submit the request to his/her principal or supervisor,

who may submit the request to the appropriate cabinet member.

Non-employees of the District may submit requests directly to the Office of

Planning and Policy, who will refer the proposal to the appropriate cabinet

member.

District Bylaws and Policy- Pinellas County Schools - Page 23 of 695

The cabinet member shall review the request for consistency with the philosophy and

vision of the division and District and will assess the need for such revisions. The

Superintendent will then either:

reject the request giving the rationale for same and return to the Office of

Planning and Policy for notification to originator, or

approve, sign and forward to the Office of Planning and Policy with

recommendation for further review by the Superintendent’s staff and

notification of same to the originator.

All requests for revision will be prepared by the Office of Planning and Policy for

review by the Superintendent’s staff.

The Office of Planning and Policy will coordinate review of all proposed revisions.

Requests for revision along with all statutorily required changes shall be reviewed on

an ongoing basis by the Superintendent’s staff and brought forward as approved to

the Board for consideration during a Board meeting, consistent with the requirements

of the Administrative Procedure Act.

Proposed revisions which are determined to be needed shall be brought forward to

the Board at the Superintendent’s discretion.

Each proposed rule shall be reviewed and approved by the School Board Attorney

as to form and legality.

The initial consideration by the Board of a proposed rule shall be known as the first

reading.

If the Board decides not to further consider a proposed rule, the rule adoption

procedures shall be deemed completed.

If the Board decides to consider the adoption of the proposed rule it shall direct the

Superintendent to give notice of the Board's intended action as follows:

by publication in a newspaper of general circulation in Pinellas County;

by mail to all persons who have made requests of the Board for advance

notice of its proceedings and to organizations representing persons affected

by the proposed rule;

by posting in appropriate places so that those particular classes of persons

to whom the intended action is directed may be duly notified.

The notice of intended action shall set forth a short and plain explanation of the

purpose and effect of the proposed rule, and the specific legal authority under which

its adopted is authorized. The notice shall specify how the complete text of the

proposed rule may be obtained.

Board consideration of the proposed rule cannot occur until at least twenty-eight (28)

days after the publication, mailing, and posting have all occurred.

Economic Impact Statement

The Board shall determine at the time of the first reading whether or not an economic

impact statement is required under F.S. 120.54(3)(a)1. In taking action to move

forward, the Board determination on this matter shall be included as part of the

minutes.

District Bylaws and Policy- Pinellas County Schools - Page 24 of 695

The Superintendent is required to prepare an economic impact statement if within

twenty-one (21) days of the notice a written request for preparation of an economic

impact statement is filed with the clerk of the Board by the Governor, a body corporate

and politic, at least 100 people signing a request, or an organization representing at

least 100 people, or any domestic nonprofit corporation or association.

Any substantially affected person may seek an administrative determination of the

invalidity of any proposed rule on the ground that the proposed rule is an invalid

exercise of delegated legislative authority. The proceedings for that administrative

determination shall be controlled by the Administrative Procedure Act.

The Board shall schedule a public hearing on the proposed rule not less than twenty-

eight (28) days after the notification has been completed. The hearing shall constitute

the second reading. The Board shall consider any material pertinent to the issues

under consideration submitted to the Board within twenty-one (21) days after the date

of publication of the notice or as submitted at the public hearing, and such materials

shall be made a part of the record the rulemaking proceeding.

After the required notice has been accomplished and prior to the adoption of the rule,

the Board may withdraw the rule in whole or in part or may make such changes in

the rule as are supported by the record of the public hearing held on the rule; technical

changes which do not affect the substance of the rule; and changes in response to

written material relating to the rule received by the Board within twenty-one (21) days

after the notice and made a part of the record of the proceeding.

The rule will become effective when adopted by the Board or on a later date as

specified in the rule. After a rule has become effective it may be repealed or amended

only through the regular rulemaking procedures.

Emergency Rules

If the Board finds that an immediate danger to the public health, safety, or welfare

requires emergency action, the Board may adopt any rule necessitated by the

immediate danger by any procedure which is fair under the circumstances and

necessary to protect the public interest, provided that:

the procedure provides at least the procedural protection given by other

statutes, the Florida Constitution, or the United States Constitution;

the Board takes only that action necessary to protect the public interest under

the emergency procedure; and

the Board publishes in writing at the time of or prior to its action the specific

facts and reasons for finding an immediate danger to the public health,

safety, or welfare and its reasons for concluding that the procedure used is

fair under the circumstances.

An emergency rule adopted under this provision may not be effective for a period

longer than ninety (90) days and shall not be renewable, except during the pendency

of a challenge to proposed rules addressing the subject of the emergency rule. The

Board may ratify the emergency rule by takin

g identical action by the normal

rulemaking procedures.

F.S. Chapter 120

0131.1

Technical Corrections

District Bylaws and Policy- Pinellas County Schools - Page 25 of 695

Periodically it may be deemed necessary to make technical corrections to policies

that have already been adopted through normal procedures.

These technical

corrections may include consolidation of sections, transfer of sections, combining or

dividing sections, renumbering subsections, sections, chapters and titles, corrections

or additions for grammatical or typographical errors, alterations

and omissions,

and/or changing statutory citations not affecting the constructions or meaning of

those sections, subsections, chapters, titles, or policies as a whole.

Should the School Board choose to make such technical corrections, it may be

accomplished by Board action as part of the consent agenda without going through

the normal policy adoption procedure.

F.S. 11.242

0131.2

Variances and Waivers

The School Board, by majority vote, may grant variances and waivers to

requirements of its rules, pursuant to F.S. 120.542 and the Uniform Rules of

Procedure, F.A.C. Chapter 28-104. The purpose of a variance or waiver is to avoid

unreasonable, unfair, or unintended results in particular instances.

Variances and waivers will be granted when the person subject to the rule

demonstrates that the purpose of the underlying statute will be or has been achieved

by other means by the person and when application of the rule would create a

substantial hardship or would violate principles of fairness. "Substantial hardship"

means a demonstrated economic, technological, legal, or other type of hardship to

the person requesting the variance or waiver. "Principles of fairness" are violated

when the literal application of a rule affects a particul

ar person in a manner

significantly different from the way it affects other similarly situated persons who are

subject to the rule.

Except for policies which specifically provide otherwise, the following procedure shall

be followed:

The petition for variance or waiver should be filed in the office of the

Superintendent.

The Superintendent shall publish notice of the petition within fifteen (15) days

after receipt. Any interested person or other agency may submit written

comments on the petition within fourteen (14) days after publication.

Within thirty (30) days after receipt of the petition, the Board will review the

petition and may request submittal of additional information.

The Board will grant or deny the petition for variance or waiver within ninety

(90) days after receipt of the original petition, of the last item of timely

requested additional material, or of the petitioner's written request to finish

processing the petition.

F.S. 120.569, 120.57

0133

Quasi-Judicial Hearings

There are times when the School Board will act in its quasi-judicial capacity including

employee discipline, student discipline, and bid protest proceedings. In such cases

the School Board Attorney shall serve as counsel to the Board and the Staff Attorney

shall be designated to represent the Superintendent.

District Bylaws and Policy- Pinellas County Schools - Page 26 of 695

Board quasi-judicial proceedings shall be conducted in accordance with the

Administrative Procedures Act, F.S. Chapter 120, and the Unifor

m Rules of

Procedure, F.A.C. Chapter 28.

The following procedures shall be followed in hearings on suspension and

termination of personnel.

Responsibility of the Board

When the Board considers action concerning the suspension or termination

of staff members, it is acting in the nature of a quasi-judicial tribunal.

Individual Board members shall not be obligated to respond to questions

directed to them. Board members may not discuss a pending case with the

employee in question or his/her representative, or with members of the

public, or take into consideration information not contained in the record of

the proceedings or opinions on how a case should be decided.

Responsibility of the Superintendent

Administrative Leave with Pay

The Superintendent is authorized to place employees on

administrative leave with pay during investigations into alleged

misconduct.

Termination, Suspension without Pay As a Discipline, Return to

Annual Contract or Return to Probationary Status

Superintendent's Recommendation

When a recommendation is made to the Board that an

employee is to be terminated, suspended without pay as a

disciplinary action, returned to annual contract or returned to

probationary status, an agenda item will be prepared for

presentation to the Board.

The Superintendent will prepare and serve on the employee

an administrative complaint in the form of an agenda item,

which shall contain the elements required by Rule

F.A.C. 28-

106.2015, setting forth the alleged facts, the

alleged violations of statutes or rules and the

Superintendent’s recommendation. The employee will be

informed that s/he may request a hearing on the charges to

be conducted in accordance with F.S. 120.569 and 120.57,

and how to make such a request. The employee will be

informed that failure to request a hearing will constitute an

admission that the charges are true. The employee will be

informed of the date by which the employee must request

the hearing and that the employee may be represented by

counsel or other qualified representative. The

administrative complaint must be served on the employee at

least twenty-one (21) days prior to the Board meeting at

which the recommendation of the Superintendent will be

presented. The Superintendent shall notify the employee of

the time, date, and place of the Board meeting when the

Board will consider the Superintendent's recommendation.

District Bylaws and Policy- Pinellas County Schools - Page 27 of 695

The Superintendent will provide the employee a form for

requesting a

hearing that will assist the employee in

substantially complying with the requirements of the uniform

rules.

Employee Response

If the employee does not request a hearing by the date

indicated, the employee is deemed to have admitted that the

factual allegations in the administrative complaint are true,

the alleged violations of the statutes or rules are true and the

employee is waiving the right to a hearing on the charges.

The employee or his/her representative, however, is entitled

to a

ttend the meeting of the Board at which the

Superintendent’s recommendation will be considered.

The employee and his representative may address the

Board as to reasons why the Superintendent's

recommendation should not be approved. However, no

evidence will be considered by the Board and the Board’s

decision shall be based solely upon the contents of the

administrative complaint, and any comments of the

Superintendent and the employee or his/her representative.

Each side shall be allowed five (5) minutes to address the

Board.

In the event that the employee fails to or elects not to attend

the above meeting, the Board shall render its decision based

upon the information presented by the administrative

complaint.

To request a hearing, the employee must file with the School

Board Attorney’s office within the time indicated, his/her

request utilizing the form provided and including the required

information. The School Board Attorney’s office is located

at 301 4

Street SW, Largo, FL 33770. The telephone

number is 727-588-6221.

The School Board Attorney’s office will determine if a

request is in substantial compliance with the requirements

of the uniform rules and whether it has been timely filed. If

the request is not in substantial compliance with the uniform

rules or is not timely filed, the School Board Attorney’s office

shall enter an order dismissing the request. The order shall

specify the reasons for the dismissal. Dismissal will be

without prejudice to the employee timely filing an amended

request curing the defect unless it conclusively appears that

the defect cannot be cured.

If a valid timely request for hearing is made, the agenda item

will be removed and the Board will take no action on the

recommendation. The School Board Attorney’s office will

enter an order granting the request for a hearing and, within

fifteen (15) days of the receipt of the request, the School

Board Attorney’s office will refer the matter to the Division of

Administrative Hearings with a request that an

administrative law judge (ALJ) be assigned to conduct the

hearing in accordance with F.S. 120.569 and 120.57.

District Bylaws and Policy- Pinellas County Schools - Page 28 of 695

Procedures for taking action on a recommended order

submitted by an ALJ are set forth later in this rule.

Procedures before the Administrative Law Judge

The procedures before the ALJ will be governed by F.S.

120.569 and 120.57 (1), and the Uniform Rules adopted

pursuant to section F.S. 120.54(5).

Any hearing shall be open to the public.

The Superintendent will make an audio tape recording of the

hearing before the ALJ which shall be made available to the

employee as soon as practicable after the hearing at the

employee's request. Either party is entitled to have a court

reporter take down the testimony during the hearing.

However, the expense of the court reporter shall be borne

by the requester.

Procedures for Taking Action on a Recommended Order

When a hearing has been conducted and a recommended

order has been issued and is being presented to the Board

for action, the following procedures will govern:

Submittals to the Board

The Superintendent and the employee may

file written exceptions to a recommended

order of an ALJ with the agency clerk and

serve them on the opposing party no later

than fifteen

(15) days from the date the

recommended order was filed with the clerk

of the Board, unless the parties specifically

agree to a different time period. Failure to

timely file exceptions shall constitute an

acceptance of all portions of a

recom

mended order to which exceptions

have not been filed. Either party may file

and serve with the exceptions a proposed

Final Order that the party wants the Board

to adopt.

The transcript, if any, shall be filed with the

clerk at the time exceptions are filed.

In all cases all portions of the record

requested by any party, the transcript, if

any, the ALJ's recommended order, any

exceptions filed thereto, and each party's

proposed final order shall be distributed to

the Board members. In no event shall the

record be delivered to Board members later

than seven (7) days before the Board

meeting.

District Bylaws and Policy- Pinellas County Schools - Page 29 of 695

If no exceptions have been filed by any party, the

findings of fact made by the ALJ will be considered

as fact and the only issue remaining for the Board

to decide is the penalty.

Persons to Be Heard: Persons other than those

involved in the case will not be heard, except as

their comments are included in the record of the

hearing.

Time Limit for Speakers: The affected party and his

or her representative and the attorney representing

the Superintendent will be given fifteen (15) minutes

per side to review the record with the Board and to

make comments concerning the disciplinary action

being recommended by the Superintendent or the

ALJ. The Superintendent's attorney has the burden

of proof and will address the Board first and may

reserve time for rebuttal.

Cases Not to Be Retried by the Board: The case

before the Board shall not be retried as a new trial

after the ALJ submi

ts his findings and

recommendations to the Board. No new evidence

shall be allowed to be introduced when the Board is

considering a recommended order from an ALJ.

ALJ's Recommendations Not in Accord with the

Superintendent’s: If the ALJ's recommendations are

not in accord with those of the Superintendent’s

earlier or subsequent recommendations, the

Superintendent shall state his/her

recommendations and the reasons therefore on the

record prior to the speakers.

Options Concerning Recommended Orders

The Board may adopt the recommended

order as the final order of the Board.

The Board may reject or modify the

conclusions of law and interpretation of

administrative rules over which it has

substantive jurisdiction. In

doing so, the

Board need not have reviewed the entire

record but must give specific reasons for

the rejection or modification. The Board

must enter a finding that the substituted

conclusions or interpretations are as

reasonable as or more reasonable than that

which was rejected or modified.

District Bylaws and Policy- Pinellas County Schools - Page 30 of 695

The Board may not reject or modify the

findings of fact contained in a

recommended order unless the Board first

determines from a review of the complete

record, and states with particularity in the

order, that th

e findings of fact were not

based upon competent substantial

evidence or that the proceedings on which

the findings were based did not comply with

essential requirements of law.

The Board may accept the recommended

penalty in a recommended order, but may

not reduce or increase it without a review of

the complete record. If the Board increases

or decreases the recommended penalty, it

must state with particularity its reasons for

doing so and cite to the record justifying the

action.

The Board is not bound by the ALJ's or the

Superintendent’s recommended penalty

and may impose a less severe or a more

severe penalty in its sole discretion subject

to the requirements concerning increasing

or decreasing a recommended penalty of

an ALJ.

The Record

The official record in a case shall consist only of the

following:

all notices, pleadings, motions and

intermediate rulings;

evidence admitted;

a statement of matters officially recognized;

proffers of proof and objections and rulings

thereon;

proposed findings and exceptions;

any decision, opinion, proposed or

recommended order or report by the ALJ;

all staff memoranda or data submitted to the

ALJ during the hearing or prior

to its

disposition, after notice of the submission to

all parties;

all matters placed on the record after an ex

parte communication pursuant to F.S.

120.66(2);

the official transcript, if any.

District Bylaws and Policy- Pinellas County Schools - Page 31 of 695

The decision of the Board shall be based solely on

the record and no Board member shall consider any

matters not contained in the record as a basis for

deciding the case.

10)

The Board shall ensure all testimony in the

proceeding shall be accurately and completely

preserved by audio recording and on the request of

any party shall make available a copy at no more

than actual cost.

11)

Final Order

The Board will enter a final order that rules

upon all exceptions filed by a party. The

Board does not need to rule on an

exception that does not clearly identify the

disputed portion of the recommended order

by page number or paragraph, that does

not identify the legal basis for the exception,

or that does not include appropriate and

specific citations to the record.

Final orders shall be executed by the

person presiding at the meeting at which

the final order was adopted and attested to

by the Superintendent.

Final orders shall be deemed rendered

when filed with the clerk of the Board. Upon

filing with the clerk, the

School Board

Attorney’s office shall cause copies of the

order to be served on the parties by regular

U.S. mail within seven (7) days of the filing.

The School Board Attorney’s office shall

provide a copy of the final order and any

exceptions to the Division of Administrative

Hearings within fifteen (15) days after the

order was filed with the clerk.

Each final order shall contain a statement

that judicial review is available under F.S.

120.68, and that the appeal may be taken

by filing a notice of appeal with the clerk of

the Board within thirty (30) days of the

rendition of the final order.

F.S. Ch. 120, 1012.22, 1012.31, 1012.33, 1012.34

0134 School Board Performance Audit Function

It is the expressed interest of the School Board of Pinellas County to promote responsibility and

accountability for the effective and efficient operations of the District. The School Board’s performance

audit function shall be considered an essential element in achieving these goals with a view toward

assisting the School Board and District management in carrying out their responsibilities related to

internal controls, policy reporting practices, and fiscal management. The School Board’s performance

audit is an independent appraisal function within the District to examine and evaluate its activities,

District Bylaws and Policy- Pinellas County Schools - Page 32 of 695

including the efficiency and effectiveness of the District’s system of internal controls and the quality of

performance. The School Board’s performance audit function will provide analyses, appraisals,

recommendations, counsel and information concerning the activities reviewed.

(1) Organization of the School Board Performance Audit Function

(a) To promote the independence and objectivity of the audit function, the School Board will

periodically contract with a Performance Auditor pursuant to Section 1001.42(12)(l),

Florida Statutes, who shall report to, and be evaluated by, the School Board with input

from the Superintendent and advice from the School Board Attorney. The School Board’s

Performance Auditor will receive direction from the School Board and work in cooperation

with the Superintendent and the School Board Attorney. The Performance Auditor shall

be free of organizational and political pressures that limit his or her objectivity in selecting

areas to be examined and in performing thorough examinations in implementing the Audit

Plan.

(b) In selecting a Performance Auditor with whom to contract, the Board shall consider the

following to be minimum qualifications and requirements:

1. Bachelor’s degree.

2. Licensed in Florida as a Certified Public Accountant.

3. Two or more years of experience conducting performance audits of state and local

governments, school districts, or other public entities.

4. Working knowledge of governmental accounting, Generally Accepted Government

Auditing Standards (GAGAS), and other relevant accounting and auditing standards

and practices.

5. Two or more years of successful experience in strategic planning and best practices.

6. Familiarity with laws, regulations, and issues pertaining to education, K-12 programs,

and charter schools.

7. Familiarity with computer aided audit tools and techniques, such as Audit Command

Language (ACL).

8. Working knowledge of the principles of quality processes, management, and training.

(2) Authority

(a) To properly carry out his/her responsibilities, the School Board’s Performance Auditor

shall reasonably be granted:

1. The authority to conduct performance and, when so directed by the School Board,

financial audits of all departments, offices, activities and programs under the control of

the School Board and expenditures incurred by the School District.

2. As reasonably necessary in performing audit activities, and consistent with applicable

law, complete and unrestricted access to all district records, documents, and facilities

or other assets owned, borrowed or used by the District, which includes information

regarding District vendors.

3. The authority to request reasonable assistance from appropriate personnel in locating

assets and obtaining records, information and documents.

District Bylaws and Policy- Pinellas County Schools - Page 33 of 695

4. As reasonably necessary in performing audit activities, and consistent with applicable

law, unrestricted interview privileges, both written and oral, with all District

management and employees.

5. Sufficient clerical staff to perform the duties required of him or her.

(b) The School Board’s Performance Auditor and his or her agents are to have no authority

over, or the responsibility for, the activities they audit. Except with the advance written

approval of the School Board, the Performance Auditor and his/her agents shall not

conduct or supervise an audit of any activity for which he/she was responsible or within

which he/she was employed during the preceding two years.

(3) Responsibility and Scope of Activities

(a) The School Board’s Performance Auditor shall develop a proposed Audit Plan for the

Board’s consideration and approval. The Superintendent may provide input to the School

Board concerning the proposed Audit Plan. The Audit Plan shall include a description of

each audit to be performed, an estimated cost, and a timeline for completion.

(b) The Superintendent may make requests to the School Board for amendments to the Audit

Plan. All reports requested by the School Board as well as any additional comments will

be shared with the Board as a whole at a meeting or a workshop, and not with individual

Board Members. The School Board’s Performance Auditor shall perform all duties as

provided in the contract with the School Board and in this policy.

(4) Auditing and Reporting Procedures

(a) Reasonable notice shall be given to appropriate personnel of intent to audit in their area,

except in those unusual circumstances in which advance notice would jeopardize the

integrity of the audit.

(b) Each audit shall result in a written report. Audit reports shall be objective, clear, concise,

constructive and timely, and may contain the professional conclusions of the auditor

regarding the activities audited.

draft report shall be submitted at the same time to the School Board, the Superintendent,

and affected department heads. The department head may submit a response to the

findings in writing within ten (10) business days. The responses shall become part of the

final report presented to the School Board.

(d) Pursuant to Section 119.0713(2), Florida Statutes, all papers, notes, and preliminary or

draft audit reports shall be held confidential and exempt from public records disclosure

until the audit is completed by submission of the final report to the School Board.

(e) The School Board’s Performance Auditor shall take such steps as the School Board shall

direct, including obtaining periodic status reports from audited departments, offices, or

divisions regarding system improvements, including corrective actions taken to address

reported deficiencies and audit recommendations.

F.S. 1001.41, 1001.42, 1001.42(12)(l), 1001.43

Adopted 6/14/2011

District Bylaws and Policy- Pinellas County Schools - Page 34 of 695

MEMBERSHIP

0141

Number

The School Board consists of seven (7) members who shall be qualified electors of

the District.

0141.2

Conflict of Interest

(1) A Board member shall not have any direct financial interest in a contract with the

School District nor shall s/he furnish directly any labor, equipment, or supplies to the

District.

(2) In the event a Board member is employed by a corporation or business or has a

secondary interest in a corporation or business which furnishes goods or services

to the School District, the Board member shall declare his/her interest and refrain

from debating or voting upon the question of contracting with the company.

(3) It is not the intent of this policy to prevent the District from contracting with

corporations or businesses because a Board member is an employee of the firm.

The policy is designed to prevent placing a Board member in a position where

his/her interest in the public schools and his/her interest in his/her place of

employment may conflict even though such conflict may not exist.

F.S. 112.311, 1001.42

Adopted 12/9/09; Revised 7/26/11

0141.3

Conflicting Employment or Contractual Relationship

(1) Subject to the exemptions provided in F.S. 112.313(12), no Board member shall

have or hold any employment or contractual relationship with any business entity or

any agency which is doing business with the District, excluding those organizations

and their officers who, when acting in their official capacity, enter into or negotiate a

collective bargaining contract with the District, nor shall a member of the Board have

or hold any employment or contractual relationship that will crea

te any conflict

whatsoever between his/her private interests and the performance of his/her duties

or that would impede the full and faithful discharge of his/her duties.

(2) Lastly, pursuant to F.S. 112.313(14), no Board member may personally represent

before the Board for compensation another person, business entity, or agency which

is doing business with the District for a period of two (2) years following vacation of

office or termination of employment.

F.S. 112.313(7)

Adopted 7/26/11

0142

Qualifications

Each member of the School Board shall meet the qualifications specified by F.S.

1001.34.

There shall be no other restriction on membership of the Board, except as established

by the laws of the United States and General Laws of the State of Florida.

0142.1

Oath

District Bylaws and Policy- Pinellas County Schools - Page 35 of 695

Before entering upon the duties of office after election, or within ten (10) days of

appointment if appointed, members shall take the prescribed oath of office. F.S.

1001.37.

0142.3

Orientation

The School Board believes that the preparation of each Board member for the

performance of Board duties is essential to the effectiveness of the Board's

functioning. The Board shall provide an orientation for each new Board member so

that new Board members understand the functions of the Board, acquire knowledge

of matters related to the operation of the schools, and learn Board procedures.

Accordingly, after the certification of the election of each new Board member, the

Board member shall have access to use during his/her term on the Board:

a copy of the Florida Ethics Law;

a copy of the Board policy manual;

a copy of each current negotiated collective bargaining agreement;

the current budget statement, audit report, and related fiscal materials;

Florida School Laws, current edition; and

State Board of Education rules.

The Board expects each new Board member to attend Florida School Boards

Association (FSBA) orientations and encourages attendance at

FSBA training

meetings within budgetary restraints.

The Board will establish and maintain a library of publications and reference materials

for the use of Board members and will provide a new Board member with a list of

references that should be reviewed.

The Superintendent shall provide an orientation program for newly elected Board

members to commence as soon as possible after their new term begins. This

orientation shall reflect, among other things, the purpose and role of the Board, the

conduct of individual Board members, an overview of educational programs, and a

review of Board rules and policies. Each new Board member shall be invited to meet

with the Superintendent and members of the Superintendent's staff to discuss District

functions, policies, and procedures.

0143

Election

The governing body of the Board shall consist of seven (7) members, with four (4)

members from single-member districts and three (3) members from the county at-

large as provided in this rule. All elections for Board members shall be nonpartisan

and held at the same time as the first primary and general elections as provided by

law, and Board members shall be elected at appropriately staggered terms of four

(4) years. Each candidate for election to the Board must be a qualified elector of the

county and, if seeking election to a single-member district, a registered voter of that

single-member district at the time of qualifying. Each person elected to the Board

from a single-member district shall be elected only by the electors residing in the

single-member district for which s/he qualified. Each person elected to the Board

shall take office on the third Tuesday after the first Monday in November of the year

in which s/he was elected. If certification of the election is delayed, the person

elected shall take office at the next regular meeting of the Board after final

certification.

District Bylaws and Policy- Pinellas County Schools - Page 36 of 695

F.S. 1001.362

0143.1

District Board Member Residence Areas

The boundaries of the single-member districts shall be set by resolution of this Board.

Each member elected from single-member district shall maintain residence in that

district throughout the duration of this office term.

Single-member districts shall consist of the following county voter precincts: District

4, District 5, District 6, and District 7

as approved by the Board of County

Commissioners on September 27, 2011; and as reflected in the Board Resolution

approved on December 6, 2011, which is incorporated herein by reference.

If an individual does not know their precinct, they may call the Supervisor of Elections

at 727-464-3551 or go to http://votepinellas.com.

District School Board Members to Represent Entire District

Each member of the board shall serve as the representative of the entire District.

Adopted 12/9/09; Revised 1/10/12

0144

Term

(1) Members are elected for a term of four (4) years.

(2) Board members shall be elected at the general election in November for

staggered terms of four (4) years arranged so that, of seven (7) members, four (4)

members shall be elected at one general election and three (3) members shall be

elected at the ensuring general election.

(3) The term of office shall begin on the third Tuesday after the first Monday in

November of the year in which the member is elected.

F.S. 1001.35, 1001.371

Adopted 12/9/09; Revised 7/26/11

0145

Filling a Board Vacancy

A vacancy occurs on the School Board when one (1) of the following events occurs:

death of the incumbent

failure to maintain the residence required

failure of the person elected to qualify as an elector of the District and a

resident of the residence area from which the member was elected before

taking office, or failure of the person appointed to qualify as an elector of the

District and a resident of the residence area for which the member was

appointed within ten (10) days of said appointment

resignation

removal from office

unexplained absence for sixty (60) consecutive days

District Bylaws and Policy- Pinellas County Schools - Page 37 of 695

Vacancies shall be filled by appointment by the Governor or as otherwise provided

by law.

F.S. 1001.38, Fla. Const. Art. X, Section 3

0146

Removal

The Governor is empowered to suspend or remove for cause an elected or appointed

School Board member. Convictions of certain offenses and failure to adhere to

prescribed standards of conduct as defined by statute are grounds for removal from

office.

F.S. Const. Art. IV, Section 7

0147

Compensation

School Board members' salaries shall be established pursuant to Florida statute.

F.S. 1001.395

The Board may authorize all approved expenses for membership of its Board

members in recognized school board associations. Expenses of a Board member

incurred in the performance of Board member duties will be paid by the Board,

provided that each such member submits a written statement of Board member

expenses consistent with Board

office operating procedures and within the

constraints of budgeted resources.

A Board member shall receive the same insurance coverage as is available to all full-

time District employees. Board members are eligible to participate in the Florida

Retirement System as specified by law. Board members shall not receive sick leave

or vacation pay.

0148

Use of Equipment and Services

The Superintendent shall make available to School Board members such equipment

and service as are necessary to fulfill their responsibilities, including but not limited

to, computer, printer, fax machine, electronic communication device, and routine

office supplies.

Any additional non-budgeted items desired by members must have Board approval.

Equipment and services shall be acquired in accordance with Board purchasing and

property accounting procedures and shall be accounted for by the Superintenden

Equipment must be returned on the last day of service.

F.S. 1001.41

0149

Access to Records

Individual members of the School Board do not possess the powers that reside in the

Board, but no member of the Board shall be denied documents or information to

which s/he is legally entitled and which are required in the performance of his/her

duties as a Board member.

Access to Board personnel records shall be subject to Board policy and State statute.

Board members are not among those designated as school officials with a legitimate

educational interest in education records, and, therefore, their access to education

records is restricted accordingly.

0149.1

Public Expressions of Members

District Bylaws and Policy- Pinellas County Schools - Page 38 of 695

Individual Board members may make public statements on school matters to local

media and/or to local or State officials.

Board members should make it clear, when writing or speaking on school matters to

the media, legislators, and other officials, that their views do not necessarily reflect

the views of the Board or of their colleagues on the Board, unless specifically

designated by the Board to speak on its behalf.

Board members' correspondence, including e-mails, sent and received, is governed

by the Florida Public Records Act (see also Policy 8310 - Public Records).

There should be no expectation of privacy for any messages sent or received by e-

mail. Such messages, deleted or otherwise, to the extent they constitute public

records, are subject to disclosure under the Public Records Act, unless an exemption

would apply.

0149.2

Board Member Participation at District Committee Meetings

The School Board believes that the involvement of stakeholders is essential to good

decision-making. Board members may be appointed to represent the Board on

District committees. Board members participating in District committee deliberations

should not unduly influence or stifle committee deliberations. Statements by Board

members which reflect personal opinion will be clearly identified as such to committee

members.

0149.3

Board-Staff Communications

The School Board desires to maintain open channels of communication between

itself and the staff. The basic line of communication, should, however, be through

the Superintendent.

Staff Communications to the Board

Staff are encouraged to communicate with the Board or its committees

concerning official business through the Superintendent. The

Superintendent shall forward such communications received from staff

members to the Board. This procedure is not intended to deny any staff

member his/her constitutional right of free speech or the right to appeal to or

otherwise address the Board on important matters through established

procedures.

Board Communications to Staff

All official communications, policies, and directives of the Board of staff

interest and concern to the staff will generally be communicated through the

Superintendent, who shall also keep staff members informed of the Board's

concerns and actions.

Social Interaction

Both staff and Board members share an interest in the schools and in

education generally, and it is to be expected that when they interact at social

affairs and other functions, they will informally discuss such matters as

educational trends, issues, and innovations, and general activities of the

District. Staff members should be encouraged to utilize the procedures,

established in Board policy or the collective bargaining agreement to have

their concerns, complaints, or grievances addressed.

District Bylaws and Policy- Pinellas County Schools - Page 39 of 695

0149.4

Public Communication to the Board

With the exception of e-mail or mail containing confidential student or employee

information, all e-mail or mail received in the School Board office may be subject to

a public records request. E-mail or mail received in the Board office shall be

forwarded to each of the seven (7) Board members, placed in a press folder for

review and retained by the Board office as provided in State statute; provided,

however that e-mail or mail raising concerns about employee or student conduct will

be withheld from the Board members pending a determination by the Superintendent

whether an investigation leading to a recommendation for discipline of the employee

or expulsion of the student is pending or, if not pending, whether such investigation

is warranted. If so, because the Board members may have to take action sitting in

their quasi-

judicial role at the conclusion of any hearing resulting from the

recommendation, the original e-mail or mail will not be provided to the Board

members until after the investigation has concluded, or until after disci

plinary or

expulsion proceedings have concluded, whichever last occurs. If it is determined that

no investigation is warranted, the e-mail or mail will be forwarded to the Board

members immediately.

0149.5

Campaign Activities

School Board members are prohibited from engaging in campaign activities on Board

premises.

Board members engaging in campaign activities shall not use time, facilities, or

personnel of the school system to engage in such activities. Specifically, the use of

copy reproduction equipment or other machinery or supplies, the use of secretarial

help, or any other school facilities or personnel is strictly prohibited.

This policy does not prohibit campaign activities, or use of District resources by Board

members in the capacity of a political candidate, incumbent, or campaign in

accordance with Policy 7511.

F.S. 1001.42

ORGANIZATION

0151

Organizational Meeting

The School Board shall organize annually at an organizational meeting in November

of each year in accordance with Florida law.

The Superintendent shall make and sign a copy of the proceedings of the

organizational meeting, including the schedule for regular meetings and the names

and addresses of all Board members, and annex their affidavits that the same is a

true and correct copy of the original, and the Superintendent shall file the document

within two (2) weeks with the Department of Education.

F.S. 1001.371

0152

Officers

The organizational meeting shall be called to order by the Superintendent who shall

act as presiding officer until the election of the Chairman.

After new members have received the oath of office, election of Chairman and Vice-

Chairman shall be by majority vote of the members.

District Bylaws and Policy- Pinellas County Schools - Page 40 of 695

Officers shall serve for one (1) year and until their respective successors are

elected and shall qualify.

In the event that the office of Chairman or Vice- Chairman becomes vacant,

the School Board shall fill the vacancy for the unexpired term at the ensuing

regular or special meeting in the same manner as the election conducted at

the organization meeting.

F.S. 1001.371, 1001.462

The Superintendent shall be the secretary and executive officer of the Board.

F.S. 1001.48

0153

Committee Assignments

At the first scheduled workshop following the organizational meeting, the Board shall

discuss the assignment of members to the various organizations, committees, and/or

councils as may be required by law, School Board policy, or

as desired by the Board.

At the next regularly scheduled Board meeting, following this workshop, committee

assignments shall be placed on the agenda for Board action.

0154

Day, Place, and Time of Meetings

Prior to July 1st of each year, the School Board shall, designate a day, place, and

time for regular meetings for the following year.

0155

Committees

The School Board may establish committees as the need arises. Board committees

consist solely of Board members. Citizen committees may consist of citizens and

one (1) or more Board members. No committee shall consist of more than three (3)

Board members.

Committees shall, when specifically charged to do so by the Board, conduct studies,

make recommendations to the Board. Committees shall abide by the Sunshine Law

whenever applicable to committee meetings.

Board members shall be appointed by the Board Chairman, who shall also appoint

the chairman of the committee.

A Board member may request or refuse appointment to a committee.

Refusal to serve on any one (1) committee shall not be grounds for lack of

appointment to another committee.

Each committee shall be convened by a chairman, who shall report the findings or

recommendations of the committee to the Board.

Members of committees shall serve until the committee is discharged.

0156

School Board Attorney

The School Board shall employ a School Board Attorney to serve as attorney and

chief legal advisor for the School Board and general counsel for the School District.

The School Board Attorney shall report to the Board, and shall provide the Board with

pro active legal advice on all legal matters relating to the operation, control, and

supervision of the District.

District Bylaws and Policy- Pinellas County Schools - Page 41 of 695

The School Board Attorney shall be authorized to represent the Board in all legal

proceedings, arbitrations, mediations, and other proceedings. The School Board

Attorney may refer matters to outside counsel who have been approved by the Board,

and may also consult with other outside counsel who possess needed subject matter

expertise.

Nothing herein shall be construed to prohibit the Board from retaining any attorney

or firm of its choosing for representation in a particular case, or from requesting that

the School Board Attorney and Superintendent search for attorneys or firms for

representation in a particular case.

Lawsuits, third party claims, or appeals shall not be initiated on behalf of the Board

without prior Board approval; provided, however, if Board approval cannot be

obtained prior to the expiration of legal time limits for such action, or the Board's legal

position will be adversely affected by a delay, the School Board Attorney may

authorize the initiation of the action if individual Board members are notified in

advance, and the matter is presented at the next regular Board meeting for a

determination of whether to continue the action. Board approval is not required for

loss recovery claims initiated by a third party administrator on behalf of the Board.

Individual Board members may directly contact the School Board Attorney to seek

information and opinions concerning matters affecting the individual Board members

in their official capacity, the Board and the District. In the event a request from an

individual Board member requires a substantial investment of time or resources in

order to respond, the School Board Attorney shall advise the member that the matter

should be brought up at the next workshop or regular Board meeting to see if a

majority of the Board authorizes the attorney to proceed.

The School Board Attorney is authorized to approve expenditures for ancillary costs

of litigation including, but not limited to, court reporters, travel expenses, expert

witnesses for amounts not to exceed $6,000.00 per item. Board approval will be

required for expense items greater than $6,000.00. If an emergency exists which will

adversely affect the Board's legal position prior to being able to obtain Board

approval, the School Board Attorney is authorized to approve the expenditure after

notifying individual Board members in advance of the expenditure. The matter will

be presented at the next regular Board meeting for a determination of whether to

continue the action.

The Superintendent shall utilize the services of the School Board Attorney as the

Superintendent deems appropriate in furtherance of the best interests of the Board

and the District.

F.S. 1001.32(3)

0157

Settlement of Certain Legal Claims

The Board is self insured in accordance with Florida statutes for personal injury or

property damage, workers' compensation, or similar claims. The Board utilizes a

third party administrator (TPA) to process personal injury, property damage, and

workers' compensation claims.

A claims committee is established to review and authorize settlement on certain

claims. The committee shall be comprised of the Superintendent, the School Board

Attorney, the Director of Risk Management, a member of the Board, and, for cases

involving personal injury or property damage, a representative of the TPA.

The Board authorizes its TPA to settle personal injury, property damage, and

workers' compensation claims up to $10,000. The Board authorizes the Director of

District Bylaws and Policy- Pinellas County Schools - Page 42 of 695

Risk Management and/or School Board Attorney to settle personal injury, property

damage, and workers' compensation claims in excess of $10,000 but less than

$50,000. The Board authorizes the Superintendent and School Board Attorney to

settle all personal injury, property damage, and workers' compensation claims in the

amount of $50,000 or more but less than $100,000, as well as all other claims less

than $100,000. The Board authorizes the School Board Attorney to execute on the

Board’s behalf appropriate settlement documents in connection with the settlement

of any of the foregoing claims.

The claims committee will be convened by the School Board Attorney when

authorization is sought to settle any claim or lawsuit for an amount not to exceed the

sovereign immunity limits imposed by F.S. 768.28(5). The committee will consider

all relevant factors, applicable laws, and recommendations of the TPA and assigned

counsel when authorizing a settlement. The Board authorizes the claims committee

to settle any claim or lawsuit where the total settlement amount does not exceed

sovereign immunity limits, and authorizes the School Board Attorney to execute on

the Board's behalf appropriate settlement documents in connection therewith.

F.S. 1001.32(3)

Adopted 12/9/09; Revised 3/12/13

District Bylaws and Policy- Pinellas County Schools - Page 43 of 695

MEETINGS

0161

Parliamentary Authority

At regular and special meetings where action may be taken by the School Board, the

parliamentary authority governing the Board shall be the most recent edition of

Robert's Rules of Order, Newly Revised, except as otherwise provided by special

Board rules and regulations and/or statutes.

The School Board Attorney shall serve as parliamentarian at all Board meetings.

0162

Quorum

Four (4) members physically present at a meeting shall constitute a quorum, and no

business shall be conducted in the absence of a quorum.

F.S. 1001.37(4)

0163

Presiding Officer

The Chairman shall preside at all meetings of the School Board. In the absence,

disability, or disqualification of the Chairman, the Vice-Chairman shall act instead; if

neither person is available, any member shall be designated by a plurality of those

present to preside. The act of any person so designated shall be legal and binding.

0164

Notice of Meetings

(1) Pursuant to State law, the School Board shall give notice of public meetings,

hearings, and workshops in the following ways:

(a) by publication in a newspaper of general circulation;

(b) by posting on the District's website not less than seven (7) days before the

public meeting, hearing, or workshop;

Board's proceedings, and to organizations representing persons affected by any

proposed policy; and

(d) by posting in appropriate places so that particular classes of persons to

whom an intended action is directed may be notified.

(2) The notice posted shall include a general statement of the general subject matter

to be considered.

Notice of special meetings shall be made in a newspaper of general circulation in the

county as required by Florida statutes. Such notice shall contain the date, time,

place, and purpose of the meeting.

F.S. 120.525, 120.81, 1001.372

Adopted 7/26/11

0165

Meetings

District Bylaws and Policy- Pinellas County Schools - Page 44 of 695

The School Board shall hold at least one (1) regular meeting each month and may

call special meetings as needed. The sessions will be held in any appropriate public

place in the county, provided due public notice is given.

F.S. 120.525, 120.81, 1001.372

In accordance with law, all meetings at which official acts are to be taken are declared

to be open public meetings, and no resolution, rule, policy, regulation, or formal action

shall be considered binding except as taken or made at such a meeting. All meetings

of the Board shall be open to the public, except as provided by Florida statute, and

the order of business of any regular meetings shall include an opportunity for the

public to address the Board.

F.S. 286.011, 447.605

Emergency meetings shall be held in accordance with Florida statutes.

F.S. 120.525

0165.1

Agendas

The Superintendent shall establish the agenda for School Board meetings, hearing,

and workshops. The Board and School Board Attorney may add items to the agenda

for Board action in cases where no Superintendent recommendation is necessary or

appropriate. Prior to each meeting, the Superintendent shall review the agenda with

the Board Chairman. The Superintendent shall establish reasonable procedures and

deadlines for the receipt of requests to place items of business on the agenda and

requests to make a presentation in the public discussion period. After the agenda

has been made available, change shall be only for good cause, as determined by the

person designated to preside, and stated in the record. Notification of such change

shall be given at the earliest practicable time.

An agenda shall be prepared in time to ensure that a copy of the agenda

may be received at least seven (7) days before the event by any member of

the public who requests a copy and who pays the reasonable cost of the

copy. The agenda, along with any meeting materials available in electronic

form excluding confidential and exempt information, shall be published on

the District's website. The agenda shall contain the items to be considered

in order of presentation.

The agenda for a special meeting shall be made available at least twenty-four

(24) hours before the meeting, consistent with provisions calling for special

meetings.

In order to clarify recommendations contained in the agenda and to assist in

providing for an orderly meeting. Board members will contact the

Superintendent at least two (2) days before the meeting to obtain answers to

questions regarding agenda items. Appropriate staff will be consulted to

obtain answers to relay to the Board or develop responses to be shared at

the Board meeting.

The School Board Attorney shall be contacted by Board members prior to

the meeting regarding legal issues associated with agenda items.

The Board shall transact business according to the agenda prepared by the

Superintendent and submitted to all Board members in advance of the

meeting. The order of business may be altered by majority vote of the

members present.

District Bylaws and Policy- Pinellas County Schools - Page 45 of 695

Consent Agenda

The Board shall use a consent agenda to keep action on routine matters

within a reasonable time frame.

A member of the Board may request any item be removed from the consent

resolution and defer it for a specific action and more discussion. No vote of

the Board will be required to remove an item from the consent agenda. A

single member's request shall cause it to be relocated as an action item

eligible for discussion.

The agenda for special meetings called by the Superintendent, or by the

Superintendent on request of the Board Chairman, or on the request of a

majority of the Board members, shall be prepared upon the calling of the

meeting but not less than forty-eight (48) hours prior to such a meeting.

Adopted 12/9/09; Revised 6/29/10

0165.2

Regular Meetings

Regular meetings of the School Board shall be public and held at least once each

month according to a schedule approved by the Board prior to June 30th of each

year. The Superintendent shall be responsible for public notice of the scheduled

meetings, as well as any changes in the schedule.

0165.3

Special Meetings

Special meetings will be held when called by the Superintendent or by the

Superintendent on request of the Chairman, or on request of a majority of the

member of the Board. Actions taken at special meetings will have the same force

and effect as if taken at a regular meeting. In the event the Superintendent should

fail to call a special meeting when requested to do so, such a meeting may be called

by the Chairman or by a majority of the members of the Board by giving two (2) days'

written notice of the time and purpose of the meeting to all members and to the

Superintendent, in which event the minutes of the meeting will set forth the facts

regarding the procedure in calling the meeting and the reason therefor and will be

signed either by the Chairman or by a majority of the members of the Board.

The agenda as presented shall be followed unless altered by the presiding officer or

a majority of those present and voting.

0165.4

Emergency Meetings

If the Board finds that an immediate danger to the public health, safety, or welfare

requires immediate action, the Board may hold an emergency public meeting and

shall give notice of such meeting by any procedure that is fair under the

circumstances and necessary to protect the public interest, if:

the procedure provides at least the procedural protection given by other

statutes, the State Constitution, or the United States Constitution;

the Board shall take only that action necessary to protect the public interest

under the emergency procedure;

District Bylaws and Policy- Pinellas County Schools - Page 46 of 695

the Board shall publish in writing at the time of, or prior to, its action, the

specific facts, and reasons for finding an immediate danger to the public

health, safety or welfare and its reasons for concluding that the procedure

used is fair under the circumstances. The agency findings of immediate

danger, necessity, and procedural fairness shall be judicially reviewable.

0165.5

Recess

The School Board may at any time move for a recess or intermission in the day's

proceedings. If a recess is provided for in the agenda, the Chairman, when the time

arrives, announces the fact and says the meeting stands in recess, to the specified

hour. The Chairman reconvenes the meeting and the business proceeds as a

continuation of the previous session.

0165.6

Adjourn

The School Board, upon a motion, second, and a majority vote, may, at any time

during a meeting, adjourn the meeting to a specified date and time.

0166

Executive Session

The School Board reserves the right to meet privately in executive session for those

issues authorized by law.

All discussions in such executive sessions between the Superintendent, or his/her

representative, and the Board shall be closed and exempt from the provisions of

F.S. 286.011.

Attorney-Client Sessions

The Board, the Superintendent, the School Board Attorney, and any attorney

representing the Board may meet in private to discuss pending litigation in which the

Board is presently a party before a court or an administrative agency provided the

following conditions are met:

The School Board Attorney advises the Board at a public meeting that s/he

desires advice concerning the pending litigation.

The subject matter of the meeting shall be confined to settlement

negotiations or strategy sessions related to litigation expenditures.

The entire session shall be recorded by a certified court reporter. The

reporter shall record the times of commencement and termination of the

session, all discussions and proceedings, the names of all persons present

at any time, and the names of all persons speaking. No portion of the session

shall be off the record. The court reporter's notes shall be fully transcribed

and filed with the clerk of the Board within a reasonable time afte

r the

meeting.

The Board shall give reasonable public notice of the time and date of the

attorney-client session and the names of persons who will be attending the

session. The session shall commence at an open meeting at which the

Chairman shall announce the commencement and estimated length of the

attorney-client session and the names of the persons attending. At the

conclusion of the attorney-client session, the meeting shall be reopened and

the Chairman shall announce the termination of the session.

The transcript shall be made part of the public record upon conclusion of the

litigation.

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The Board will not meet in private to discuss any matters concerning the

Bradley v. School Board of Pinellas County, Florida desegregation case.

F.S. 286.011, 447.605

0166.1

Workshop

A workshop may be called by the Chairman of the School Board, the Superintendent,

or a majority of Board members for the purpose of discussing matters which

constitute the business of the school system. The Chairman, in collaboration with

the Superintendent, establishes the agenda for workshops. Each Board member

shall be formally notified of such workshops sufficiently in advance of the session to

enable all members to attend. Notification shall include the general subject areas for

discussion.

The Superintendent, acting as secretary, shall submit minutes of the

workshop for approval at the next regular or special meeting.

The Board shall take no formal action in a workshop.

The agenda and public notice requirements applicable to workshops shall be

the same as those for regular meetings.

Unless otherwise allowed by the Board, the Board will not hear presentations

from the public at workshops.

F.S. 120.525, 1001.41

0167

Voting

All motions shall require for adoption a majority vote of those present and voting,

except as provided by statute, these bylaws, or parliamentary authority. Upon the

demand of any member of the School Board, the vote shall be recorded by roll call.

Pursuant to the Florida statutes, a Board member may abstain from voting only if a

conflict of interest exists, as defined by law.

All actions requiring a vote can be conducted by voice vote or show of hands, unless

a roll-call vote is requested or required. At the conclusion of the vote, the Chairman

shall announce the outcome of the vote and also the identity of the members voting

in the minority. Each vote and abstention shall be recorded. Proxy voting is

prohibited.

F.S. 286.012, 112.311, 112.313, 112.3143

0167.1

Use of Electronic Resources

All messages created, sent, or retrieved through electronic resources are the

property of the School Board, and not individual Board members. Any information

generated, stored, or sent through electronic resources is the same as any written

document and may be subject

to Florida's Public Records Act, F.S. Chapter 119.

Individual Board members have no expectation of privacy in their use of electronic

resources.

Under no circumstances shall Board members use electronic resources to discuss

among themselves Board business that is only to be discussed in an open meeting

of the Board, is part of an executive session, or could be considered an invasion of

privacy if the message were to be monitored by another party.

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The fact that records are made or received on a private computer, private personal

digital assistant, or other private electronic communication device does not affect

their character as public records.

0168

Minutes

The Superintendent shall act as secretary and shall cause to be kept official minutes

of all its meetings and workshops showing the time and place, the members present,

the subjects considered, actions taken, and any other information required to be

shown in the minutes by law, which shall be available to the public.

The minutes of Board meetings shall be considered at the next regular meeting,

corrected if necessary, and approved. The approved minutes shall be signed by the

Superintendent and the Chairman.

Recordings shall be made of each meeting of the Board as an administrative aid and

shall be preserved as public documents of the Board as required by State statute.

The recordings shall also be referred to in the written minutes.

The approved minutes shall be filed in the Board office in a prescribed minutes book

as a permanent record of official Board proceedings.

F.S. 1001.42

0169.1 - Public Participation at Board Meetings

The School Board recognizes the value to school governance of public comment on educational issues and the

importance of allowing members of the public to express themselves on school matters of community interest.

The presiding officer of each Board meeting before which public comment is permitted shall administer the rules of the

Board for its conduct.

Members of the audience are invited to speak before the Board in accordance with this policy.

A. Public Comment

1. Following adjournment of regular meetings only, the Board will hear comment from members of the District

community on matters not covered by items on the agenda (excluding employee discipline), but which pertain

to the general business or operations of the Board or District. Speakers under this paragraph will be allotted

three (3) minutes to make their comments unless granted a longer time by the Chairperson. Speakers may sign

up to speak at any time during the regular meeting or until the last registered speaker has finished, whichever

is later. No speaker may yield his or her time to any other person.

2. Any member of the District community may request to speak by completing and submitting the Speaker's

Request Form indicating the name of the person to speak and the subject matter to be addressed. Speakers

will be called in the order in which they submit their Speaker’s Request Form.

3. The Board will not act on any matter raised by a speaker prior to the next regular meeting. If a majority of the

Board desires to further consider a matter raised by a speaker, they will request the Superintendent to bring a

recommendation at a future workshop or meeting. It is generally the Board's practice not to respond to the issues

brought forward by speakers except to correct inaccuracies.

4. To avoid repetition, speakers supporting the same issue are encouraged to designate a spokesperson and have

the spokesperson request the members of the audience supporting the position to stand during the

spokesperson’s comments.

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B. Numbered Agenda Items

1. In addition, during regular meetings and special meetings, members of the audience shall be permitted to speak

to any one or more action items, including consent or non consent agenda items, prior to Board discussion

except items pertaining to employee and student discipline and any other matter listed in s. 286.0114(3), F.S.

Each speaker addressing an item must submit the appropriate Speaker's Request Form and, regardless of the

number of items, shall be allotted one (1) three (3) minute period to speak unless granted a longer time by the

Chairperson. The Chairperson's decision may be overruled by a majority vote of the Board.

2. Early in the meeting, the Chairperson (or designee) shall announce that members of the audience wishing to

speak to one or more action items may do so by submitting an appropriate Speaker’s Request Form to the

Superintendent’s designee. The form shall indicate the action item number, the subject, the name of the person,

and the party or parties represented by the person. All forms shall be submitted to the Superintendent’s designee

prior to the conclusion of the last registered speaker.

3. Each person submitting the signed Speaker’s Request Form may address the Board, but no such person may

yield his/her time to any other person. Each speaker shall be recognized to speak to any one or more action

items and will be called to speak in the order that the request form is received by the Superintendent’s designee

or as announced by the Chairperson (or designee).

4. If a speaker wants to supplement his or her three (3) minute presentation, the speaker should provide the Board

office written materials prior to the meeting. Board members will make every effort to review these materials.

Board members may not be able to review materials received less than two (2) business days prior to the Board

meeting.

C. Public Hearings

In addition to other opportunities for public comment, members of the public will be given the opportunity to address the

Board at public hearings before the Board, excluding those involving employee or student discipline. Each speaker will

be given three (3) minutes to speak unless granted a longer time by the Chairperson. The Chairperson's decision may

be overruled by a majority vote of the Board. The same procedures and restrictions that apply to public comment at

regular and special meetings shall apply to public comment at public hearings, including signing up to speak and yielding

of time to others.

D. Recordings are permitted under the following conditions:

1. No obstructions are created between the Board and the audience.

2. No interviews are conducted in the meeting room while the Board is in session.

3. No commentary, adjustment of equipment, or positioning of operators is made that would distract either the

Board or members of the audience while the Board is in session.

E. Regulation of Disruptive Speech:

The Board recognizes that Board meetings are a limited open forum for First Amendment purposes, and the public's

exercise of their First Amendment right of free speech in that context will be recognized and protected, subject to

reasonable restrictions as to time, place, and manner. Applause shall be permitted only when awards are granted.

The Chairperson may:

1. Interrupt or terminate a speaker when his/her statement is not relevant, exceeds the time allotted, or is abusive,

threatening, defamatory, obscene, profane, loud, interruptive, or otherwise of a disruptive or disorderly nature;

2. Order the removal, from a public meeting held by the Board, of any person interfering with the expeditious or

orderly process of the meeting, provided the Chairperson has first issued a warning that continued interference

with the orderly processes of the meeting will result in removal.

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Nothing herein is intended, nor shall anything be construed, to limit or restrain negative, positive, or neutral comments

about the manner in which Board employees, agents, the Superintendent, and Board members carry out their duties in

public employment or office.

Effective: January 1, 2012, Revised 02/25/2014

District Bylaws and Policy- Pinellas County Schools - Page 51 of 695

0170 - DUTIES

The School Board is committed to an inclusive governance model insuring that policy focuses on student learning.

0171 Review of Policy

The School Board will evaluate how policies have been implemented and their general effectiveness. It will rely on the

school staff, students, and community to provide evidence of the effect of the policies it has adopted.

The Superintendent and School Board Attorney shall continually call to the Board's attention all policies that need

revision, and the Superintendent shall recommend adoption of revisions as necessary and appropriate. All such

revisions shall be in accordance with the Administrative Procedures Act (F.S. Chapter 120).

Adopted 12/9/09; Revised 6/29/10, 12/6/16

0173

Board Officers

The Chairman of the School Board shall:

preside at all public meetings of the Board;

call special meetings of the Board;

appoint or provide for the selection of all committees;

sign notes, minutes, conveyances, contracts, and other legal

instruments for which the signature of the Chairman is called; and

perform other duties which may be prescribed by law or by action of

the Board.

The Vice-Chairman shall assume and discharge the duties of the Chairman

in his/her absence, disability, or disqualification, and perform other duties

prescribed by the Board.

The Superintendent shall serve as secretary and executive officer of the

Board.

A committee chairman shall call meetings of the committee, keep informed

on developments in activities under the committee's jurisdiction, and report

to the Board for the committee.

0175.1

Board Conferences, Conventions, and Workshops

The School Board recognizes the value of membership and attendance at

conferences and meetings at the local, County, State, and National level.

Attendance at local, County, State, and/or National workshops and conferences is

encouraged.

Each Board member is expected to share information gained with the Board after

attending a conference at Board expense.

Travel and personal expenses of spouse, children, or other guest traveling with a

Board member shall be the responsibility of the Board member or of the individual.

Expenses for convention functions attended as a group will be borne by the Board

within budgetary limits. The Superintendent shall include an amount in each

proposed annual budget to cover expenses to support the participation of the Board

District Bylaws and Policy- Pinellas County Schools - Page 52 of 695

in activities and programs conducted by the State and other organizations as the

Board chooses.

District Bylaws and Policy- Pinellas County Schools - Page 53 of 695

1001 - DISTRICT ORGANIZATION

The organization of this District shall be designed to meet the objectives set by the School Board, ensure clear lines of

authority and responsibility, and define each position with clarity.

The Superintendent shall be the chief executive officer of the School District. The Superintendent shall define and

establish those administrative positions required to implement the educational system and program of learning

established by the Board. In each case, the Board will approve the broad purpose and function of the position in harmony

with State law and regulations.

Responsibility shall flow clearly from the Superintendent through the administrative staff to the operational personnel.

No employee should be responsible to more than one (1) supervisor.

It shall be the responsibility of the Superintendent to determine the need for and define operational requirements

sufficient to ensure the smooth functioning of the District. Maintenance of an efficient, skilled operational staff is essential

to the effective performance of the system.

F.S. 1001.51

1010 - BOARD - SUPERINTENDENT RELATIONSHIP

The School Board believes that, in general, it is the primary duty of the Board to establish policies and that of the

Superintendent to administer such policies. Policy should not be originated or changed without the recommendation of

the Superintendent. The Superintendent should be given the latitude to determine the best method of implementing the

policies of the Board.

The Superintendent, as the chief executive officer of the School District, is responsible for the development, supervision,

and operation of the school program and facilities.

The Superintendent shall serve as chief representative of the Board for the purpose of determining negotiation strategies

and members of negotiation teams for collective bargaining with recognized employee organizations.

The Board is responsible for determining the success of the Superintendent in meeting the goals established by the

Board through annual evaluations of the Superintendent's performance. The evaluation process shall be governed by

Board Policy 1040 and the terms of the employment contract between the Board and the Superintendent.

F.S. 447.201 et seq., 1001.41, 1001.49

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1030 - SUPERINTENDENT OF SCHOOLS

The School Board shall employ the Superintendent, as provided by law.

The Superintendent shall be the chief executive officer of the Board and the official secretary of the Board and shall be

responsible for the keeping of all minutes of the Board and all other records of the School District.

The Superintendent is responsible for:

A. the administration and supervision of instruction in all the schools;

B. conducting such research as may be necessary to evaluate every phase in the operation of the

schools;

C. making recommendations to the Board for its consideration and is charged with the responsibility for

operating the schools in all phases of their management within the framework of the policies adopted

by the Board;

D. the fiscal management of the schools including the preparation and presentation of an annual

budget;

E. meeting and fully complying with all statutory provisions of the State of Florida as related to his/her

office;

F. making recommendations on all matters relative to the appointment, assignment, transfer,

promotion, suspension, or dismissal of teachers, principals, department heads, supervisors, and all

other appointive personnel employed by the Board;

G. keeping the Board apprised of all developments, changes, and problems in the operation of the

school system;

H. recommending procedures for implementing and maintaining a system of school improvement and

education accountability as provided by statute and State Board of Education rule;

I. recommending administrative procedures as appropriate to implement Board policies.

F.S. 120.53, 1001.32(2), 1001.372, 1001.36, 1001.41, 1001.42, 1001.43

F.S. 1001.49, 1001.51

Florida Constitution, Article Ix, Section 4(B)

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1040 - EVALUATION OF THE SUPERINTENDENT

The School Board believes it is essential that it evaluate the Superintendent's performance periodically in order to assist

both the Board and the Superintendent in the proper discharge of their responsibilities and to enable the Board to provide

the District with the best possible leadership.

The Board shall annually, evaluate and assess in writing the performance of the Superintendent on or before September

1st of each calendar year during the term of the agreement between the Board and the Superintendent. The evaluation

instrument shall be developed jointly by the Board and Superintendent as specified in the agreement between the Board

and the Superintendent.

F.S. 1001.47, 1001.50

Revised 6/14/11 by Board Action under the authority of Policy 0131.1

1060 - VACANCY IN THE OFFICE OF THE SUPERINTENDENT

If a vacancy occurs in the office of the Superintendent by reason of death, disability, termination of employment, removal

of residence from the District, or other reason, the School Board shall conduct at least one (1) public hearing, which may

be held at the time of a regularly scheduled Board meeting, to receive information from the public on the method of

conducting a search for a new Superintendent, and the qualifications to be required for the prospective Superintendent.

In the interim, the Deputy Superintendent will serve as Acting Superintendent until the Board appoints an Interim

Superintendent at a regular or emergency meeting.

F.S. 1012.23

1113 - CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP

It is the policy of the School Board that no District officer or employee, including but not limited to, Board members,

administrators, instructional staff members, or support staff members, shall have or hold any employment or contractual

relationship with any business entity or any agency which is doing business with the District, excluding those organization

and their officer who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with

the District.

Furthermore, it is the policy of the Board that no District officer or employee, including but not limited to Board members,

administrators, instructional staff members, or support staff members, shall have or hold any employment or contractual

relationship that will create any conflict whatsoever between his/her private interests and the performance of his/her

duties or that would impede the full and faithful discharge of his/her duties.

FS 112.313(7)

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1115 - DECENTRALIZED DECISION-MAKING

The School Board adopts a policy of decentralized decision-making, the primary focus of which shall be improved student

achievement.

Definition/Philosophy

The Board defines decentralized decision-making as a process of empowering parents, teachers, school principals, and

community members in a spirit of collegiality and collaboration with the authority and responsibility for decision-making

at the local school level. The process involves the individuals responsible for implementing decisions in making those

decisions. In general, decisions should be made at the level closest to the issue being addressed.

Decentralized decision-making is based on three (3) fundamental beliefs:

A. those most closely affected by decisions ought to play a significant role in making those decisions;

B. the school is usually the most viable organization unit within which to make changes; and

C. changes have a greater degree of being effective and long-lasting when carried out by people who

feel a sense of ownership and responsibility.

Commitment

In order for decentralized decision-making to be effective, it is important that the Board, administration, staff, and

community make a commitment to:

A. a system-wide culture that supports norms of collegiality and collaboration with a demonstrated

commitment to shared decision-making;

B. professional development to acquire the skills needed for shared decision-making at the school level;

and

C. ongoing cross-school collaboration by administration and staff to support professional development,

best instructional practices, and enhanced organizational learning.

District Mission, Vision, Strategic Plan, Policies, and Collective Bargaining Agreements

The District mission, vision, strategic plan, policies, collective bargaining agreements, beliefs, priorities, and policies

shall continue to be established at the District level and approved by the Board. These establish the broad framework

within which decisions can be made. The process for establishing the framework shall involve staff and the community.

The collective bargaining agreements with the employee associations may also establish parameters for decision-

making.

Role and Responsibility; School Plan for Implementation of Decentralized Decision-making

The Superintendent shall propose processes and procedures for Board approval for the implementation of decentralized

decision-making to include a delineation of which responsibilities will remain at the central administration, which will

remain with the school principal, and which will be made by a shared decision-making body at the school. School

advisory councils shall continue to be the sole body responsible for final decision-making at the school relating to the

implementation of school improvement and education accountability as prescribed by F.S. 1001.42(18) and 1008.345.

The following are examples of subject matters that may be appropriate for school-level decision-making:

A. development of educational priorities for the building, based on the District’s priorities, while taking

into account the specific needs of students;

B. development of new programs to meet the unique needs of a school’s student population;

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C. development of scheduling to meet instructional objectives within the school day;

D. allocation of the school’s resources to best meet the needs of the students;

E. determination of professional development programs to meet faculty needs; and

F. selection of supplemental instructional materials.

The procedures shall also include procedures for monitoring and assessing effectiveness of decentralized decision-

making in relation to meeting the curricular and instructional goals of the school. The Board, central administration,

school principal, the school advisory council, and the decentralized decision-making body will share the responsibilities

and accountability. The procedures shall provide for the development of a plan for implementation of decentralized

decision-making. The plan shall be aligned to the school improvement plan. The plan shall be consistent with the

Board’s commitments under State and Federal statutes, regulations, State Board rules, court order(s), and other

applicable law and policy. The Superintendent shall report to the Board in writing semi-annually with an update on the

implementation of decentralized decision-making throughout the District, including any significant changes. One report

shall be submitted along with the school improvement plans, and the other shall be submitted six (6) months thereafter.

Role of the School Principal

The school principal plays a pivotal role in improving school effectiveness.

Although many other members of the school community will be involved in making decisions, the school principal is the

only one in a school building responsible for the whole school and will have the unique perspective and responsibility of

seeing all aspects of the school. Just as the Superintendent must be the educational leader of the District, so the school

principal must be the instructional leader of the school. School principals assume increased authority and responsibility

under a system of decentralized decision-making.

School principals are provided greater discretion in determining budget priorities, establishing staffing patterns and

developing educational programs to meet District wide goals.

Along with the increased authority for making decisions comes increased accountability, schools will be expected to

develop specific educational objectives and instructional strategies for meeting District program goals and any

State-mandated school improvement requirements.

Role of Others

While school principals will play a pivotal role in a system of decentralized decision-making, effective leadership is not

the sole responsibility of the school principal. Under a system of decentralized decision-making others in the school

community — including teachers, parents, students, and the business community — will participate in designing

programs that will meet the school’s educational objectives.

The Board expects teachers to be involved in educational decisions, including but not limited to, decisions about school

climate, selection of materials, teaching methods and strategies, staff development and goal setting at the school level.

It shall be the school principal’s responsibility to determine the level of staff involvement regarding educational decisions.

Other staff members will assume responsibilities for decisions about their work. Parents and other community members

should play an active role in helping schools interpret and serve the needs of children.

The Superintendent is responsible for achieving District goals, communicating shared values, and building support for

the schools throughout the entire community. The central administration will provide technical and professional support

to the schools.

Finally, the Board will provide continuing support of the decentralized decision-making process to ensure its enduring

success.

F.S. 1001.41(2), 1001.42(19), 1001.42(25), 1001.452(1)(a)

Adopted 12/9/09; Revised 1/25/11

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1120 - EMPLOYMENT OF ADMINISTRATORS

The School Board recognizes that it is vital to the successful operation of the District that administrative positions created

by the Board be filled with highly qualified and competent personnel. Any person employed in an administrative position

requiring certification shall possess a valid certificate issued pursuant to Florida law and shall file the certificate with the

District.

The Board shall approve the employment, determine the compensation, and establish the term of employment for each

administrator employed by the Board. Approval shall be given only to those candidates for employment recommended

by the Superintendent. Administrators shall recommend to the Superintendent the best qualified administrative applicant

available.

Any administrative staff member's misstatement of fact material to qualifications for employment or the determination of

salary shall constitute grounds for dismissal.

To be eligible for employment in an administrative position, an individual must be of good moral character, and, if

required, hold a valid certificate issued pursuant to Florida law and the rules of the State Board of Education or the

Department of Children and Family Services, except when employed pursuant to F.S. 1012.55 or under the emergency

provisions of F.S. 1012.24. Previous residence in this State shall not be required in any school of the State as a

prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity. A person

who is found through background screening, pursuant to Board Policy 1121.01

, to have been adjudicated guilty of a

crime specified in F.S. 1012.315, or convicted of a crime involving moral turpitude as defined by the State Board of

Education, shall not be employed, engaged to provide services, or serve in any position that requires direct contact with

students.

Additionally, the following guidelines shall apply:

A. Category One

Felony sexual related crimes, felony lewd and lascivious crimes, felony child abuse crimes, and any

other crime involving moral turpitude.

The District will not hire applicants who have been convicted of Category One offenses.

B. Category Two

Felony crimes of violence and felony sale of controlled substances.

The District will not hire the applicant if the conviction for a Category Two offense was within the last

twenty-five (25) years. The District will consider the applicant and carefully review the conviction for

a Category Two offense if it was beyond twenty-five (25) years.

C. Category Three

Other felony crimes (except those designated under Category Five), any other misdemeanor crimes

of a sexual nature, and misdemeanor crimes related to children.

The District will not hire the applicant if the conviction for a Category Three offense was within the

last ten (10) years. The District will consider the applicant and carefully review the conviction for a

Category Three offense if it was beyond ten (10) years.

D. Category Four

Misdemeanor drugs, misdemeanor crimes of violence, and misdemeanor crimes involving weapons.

The District will not hire the applicant if the conviction for a Category Four offense was within the last

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five (5) years. The District will consider the applicant and carefully review if the conviction for a

Category Four offense was committed beyond five (5) years.

E. Category Five

Other misdemeanors and felony crimes involving worthless checks.

The District will consider the convictions in Category Five on a case-by-case basis.

Multiple convictions under any category will be considered on a case-by-case basis and may result in an extension of

the period of disqualification. For the purposes of this policy, conviction means a conviction by a jury or by a court and

shall also include the forfeiture of any bail, bond, or other security deposited to secure appearance by a person charged

with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere, the imposition of a

deferred or suspended sentence by the court, adjudication withheld, finding or admission of guilt, a plea of no contest,

or the date of entry into a pre-trial intervention, pre-trial diversion, or similar program, so long as such PTI/PTD program

is completed by the end of the relevant waiting period.

A candidate whose employment application has been rejected due to conviction of a disqualifying criminal offense may

appeal to the Criminal History Appeal Committee. The Criminal History Appeal Committee shall be made up of the

School Board Attorney, or designee, an administrator from the Office of Professional Standards, and the Assistant

Superintendent for Human Resources. Applicants appealing to the Committee shall have the burden of setting forth

sufficient evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for

which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the

victim, and the history of the employee since the incident or any other evidence or circumstances indicating that the

employee will not present a danger if employment is allowed. In the case of rejection due to an adjudication of guilt for

an offense listed in F.S. 1012.315, the only basis for appeal to the Committee shall be mistaken identity. The decision

of the Committee is final.

The Superintendent shall also conduct employment history checks of all candidates for administrative positions. The

employment history check shall include, but not be limited to, contacting any previous employer and screening the

candidate through the use of the screening tools described in State law. If contact with (a) previous employer(s) cannot

be made, the Superintendent shall document the efforts made to do so.

The first ninety-seven (97) working days of an initial contract of a certificated administrator is a probationary period.

During the probationary period, the employee may be dismissed without cause or may resign from the contractual

position without breach of contract.

All administrators shall become familiar with the policies of the Board and other policies, regulations, memoranda,

bulletins, and handbooks that pertain to their duties in the District. Any administrator employed by the Board who shall

be guilty of any willful violation of the policies of the Board shall be guilty of gross insubordination and shall be subject

to dismissal or other lesser penalty as the Board may prescribe.

Members of the administrative staff, except those shielded by law, are required to have listed telephone number(s) in

the personnel directory.

F.S. 1012.01, 1012.23, 1012.315, 1012.32, 1012.33, 1012.55, 1012.56

Adopted 12/9/09; Revised 6/29/10, 12/7/10

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1121 - CONDITIONS FOR INITIAL EMPLOYMENT OF ADMINISTRATORS

Applicants for initial employment must submit an employment application, a copy of the social security card with correct

name or other form of work authorization, and shall otherwise meet the Board's hiring criteria and follow the procedures

established by the Superintendent prior to consideration for any vacancy.

Failure of candidates to adhere to the time schedule established for submission of documents may be cause for failure

to employ or for dismissal.

False or misleading statements or answers or omissions made by a person in connection with seeking employment may

bar a person from employment with the Board or, if discovered after employment, may result in disciplinary action,

including termination upon the recommendation of the Superintendent and the approval of the Board. Each case shall

be considered on its own merits.

The Superintendent shall develop appropriate employment procedures governing the recruitment, screening, selection,

appointment, and employment of all personnel consistent with Florida statutes, State Board of Education rules, Federal

requirements, and Board policies.

F.S. 121.091, 1012.01, 1012.32, 1012.40; Revised 12/6/16

1121.01 - CRIMINAL BACKGROUND AND EMPLOYMENT

The safety of its students is of paramount importance to the District. Consistent with this concern for student safety, and

in compliance with Florida law, the District requires that, prior to initial employment, all candidates for all positions shall

be subject to a criminal background check to determine suitability for employment at the applicant's expense. The

application for employment shall inform the applicants that they are subject to criminal background checks. Certain

classifications of employees must be re-fingerprinted every five (5) years, and must self-report arrests.

F.S. 943.0585(4)(a), 943.059(4)(a), 1012.32

1122 - NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

The School Board shall comply with all Federal laws and regulations prohibiting discrimination and with all requirements

and regulations of the U.S. Department of Education. It is the policy of the Board that no administrative staff member or

candidate for such a position in this District shall, on the basis of race, color, religion, sex, national origin, age, disability,

marital status, or sexual orientation, be discriminated against, excluded from participation in, denied the benefits of, or

otherwise be subjected to, discrimination in any program or activity for which the Board is responsible or for which it

receives financial assistance from the U.S. Department of Education.

The Superintendent shall appoint a compliance officer whose responsibility will be to require compliance with Federal

and State regulations and require that any complaints are dealt with in accordance with Board policy and law. The

compliance officer shall also provide proper notice of nondiscrimination for Title II, Title VI, and Title VII of the Civil Rights

Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973, Americans

with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Florida Education Equity Act of

1984 to staff members and the general public. Any sections of the District's collectively-bargained agreements pertaining

to hiring, promotion, and tenure should contain a statement of nondiscrimination.

F.S. Ch. 760, 1000.05

F.A.C. 6A-19.001 et seq., 6B-1.006(3)(g)

29 U.S.C. 621 et seq., Age Discrimination in Employment Act of 1967

29 U.S.C. 701 et seq., Rehabilitation Act of 1973

20 U.S.C. 1681 et seq., Title IX

42 U.S.C., 2000e, et seq., Civil Rights Act of 1964

42 U.S.C., 12112, Americans with Disabilities Act of 1990

District Bylaws and Policy- Pinellas County Schools - Page 61 of 695

1124 - ALCOHOL AND DRUG-FREE WORKPLACE

It is the intent of the School Board to provide a drug-free workplace. The unlawful manufacture, distribution, dispensing,

possession, or use of a controlled substance or alcoholic beverage is prohibited in the workplace. Violations of this

policy may result in disciplinary action, up to and including termination.

Pursuant to the Drug-Free Workplace Act of 1988, employees shall abide by the terms of this policy and shall notify the

Superintendent or his/her designee of any arrest or conviction under a criminal drug statute not later than forty-eight (48)

hours after such arrest or conviction.

Employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, being under

the influence of, or use of alcohol and/or a controlled substance (as defined in F.S. Chapter 893) in the workplace, during

the workday, when on duty, and/or in the presence of students or students' families as part of any school or work-related

activities. Violation of this prohibition shall result in appropriate disciplinary action up to and including termination and

referral for prosecution.

"Workplace" is defined as the site for the performance of work done in connection with employment. This includes any

place where work for the Board is performed, including a school building or other school premises, any vehicle owned

by the Board or a vehicle used to transport students to and from school or school activities, off school property during a

school-sponsored activity, event, or function, such as a field trip or athletic event, where students are under the

jurisdiction of the Board.

A copy of the Board's drug-free workplace policy will be provided to employees upon initial employment. Each employee

will sign a statement to indicate receipt and understanding of the drug-free workplace policy and that statement will be

retained in the employee's personnel file. The drug-free workplace policy may be posted at each worksite.

Pre-employment drug abuse screening examinations shall be required to prevent hiring individuals who use drugs or

individuals whose use of drugs indicates a potential for impaired or unsafe job performance or for high risk positions

such as bus drivers.

Employees in job classifications which require an annual physical will be required to submit to a drug screening as part

of the annual physical.

As a condition of continued employment, current employees shall submit to drug screening when reasonable suspicion

exists to believe that an employee is using a substance that is impairing the employee and/or his/her job performance.

Reasonable suspicion may include, without limitation, observation of one (1) or more of the following:

A. aberrant or unusual behavior observed by the employee's worksite supervisor;

B. observed alcohol/drug use during working hours;

C. observation of physical symptoms commonly associated with substance abuse such as:

1. impairment of motor functions;

2. slurred speech;

3. incoherent or irrational mental state;

4. drowsiness;

5. smell of alcohol or marijuana;

6. extreme weight loss;

7. red eyes;

8. running nose or sniffing;

9. frequent or extreme mood changes;

10. lack of physical coordination;

11. frequent absences or lateness;

12. unexplained absence from assigned work;

District Bylaws and Policy- Pinellas County Schools - Page 62 of 695

13. deterioration in dress and/or grooming;

14. deterioration in work performance;

15. other marked, unexplained changes in personal behavior.

When a reasonable suspicion exists, the Superintendent's designee shall be contacted. The employee will be provided

an opportunity to explain his/her condition. The employee will be provided with information regarding available drug

counseling, rehabilitation, assistance program, and leave options. One rehabilitation contract including drug testing may

be agreed upon. Failure to participate in a treatment program following a positive drug screening will result in disciplinary

action, up to and including termination. Due process will be followed.

All testing shall be conducted by a laboratory certified by the State of Florida as a medical and urine drug testing forensic

laboratory which complies with the Scientific and Technical Guidelines for Federal Drug Testing Programs and the

Standards for Certification of Laboratories engaged in drug abuse and mental health administration of the U.S.

Department of Health and Human Services.

The procedures established by the laboratory shall be followed in administering drug tests to employees.

Refusal to submit to drug testing when reasonable suspicion exists may result in disciplinary action up to and including

termination.

Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking assistance.

Employees shall be subject to all employer rules, regulations, and job performance standards with the understanding

that an employee enrolled in a rehabilitation program is receiving treatment for an illness.

Employees who return to work after completion of a rehabilitation program shall be subject to follow-up drug testing with

no advance notice during a prescribed probation period determined by the Superintendent. Any employee who refuses

the drug test or subsequently tests positive may be disciplined up to and including termination.

Random testing of employees shall not be conducted.

All drug testing, with the exception of employee requested tests, shall be at the expense of the Board.

Drug testing results will be treated in a confidential manner. Written notification of Board employees who are in grant-

funded positions and who are convicted of drug violations, will be made to Director, Grant and Contracts Service, U.S.

Department of Education, 400 Maryland Avenue, SW (Room 3124, GSA Regional Office Building No. 3), Washington,

D.C. 20202-4605.

F.S. 440.101, 440.102

20 U.S.C. 3224A

20 U.S.C. Omnibus Transportation Testing Act of 1991

20 U.S.C. 701-706 Rehabilitative Act 1973

20 U.S.C. 86-201

20 U.S.C. 3171 et seq.

29 U.S.C. 705 (20), 794, 794A

34 C.F.R. Parts 85, 86, 104

34 C.F.R. 34-86.201

41 U.S.C. 701 et seq., Drug-Free Workplace Act of 1988

Vocational Rehabilitation Act of 1973

Drug-Free Schools and Communities Act of 1986

District Bylaws and Policy- Pinellas County Schools - Page 63 of 695

1128 - EMPLOYMENT CONTRACT

It is the responsibility of the Superintendent to ensure that members of the administrative staff receive and sign an

employment contract in accordance with the legal requirements related to their position in the District.

F.S. 1012.33

1129 - CONFLICT OF INTEREST

No employee acting in his/her official capacity as a purchasing agent shall either directly or indirectly purchase, rent, or

lease any realty, goods, or services for his/her own agency from any business entity of which the employee or employee's

spouse or child is an officer, partner, director, or proprietor or in which such employee or employee's spouse or child, or

any combination of them, has a material interest. Nor shall an employee, acting in a private capacity, rent, lease, or sell

any realty, goods, or services to the School Board.

No employee or his/her spouse or minor child shall, at any time, accept any compensation, payment, or thing of value

when such employee knows, or, with the exercise of reasonable care, should know, that it was given to influence action

in which the employee was expected to participate in his/her official capacity.

No employee shall have or hold any employment or contractual relationship with any business entity or any agency

which is subject to the regulation of, or is doing business with, the Board; nor shall an employee have or hold any

employment or contractual relationship that will create a continuing or frequently recurring conflict between his/her

private interests and the performance of his/her public duties or that would impede the full and faithful discharge of

his/her public duties.

No administrative staff member shall have any interest, financial or otherwise, direct or indirect; engage in any business

transaction or professional activity; or incur any obligation of any nature which is in conflict with the proper discharge of

his/her duties in the public interest.

F.S. 112.311, 112.312, 112.313, 1006.32

F.A.C. 6B-1.001, 6B-1.006

District Bylaws and Policy- Pinellas County Schools - Page 64 of 695

1130 - ASSIGNMENTS

The School Board believes that the appropriate placement of qualified and competent staff is essential to the success

of the District.

The Superintendent shall assign and communicate the duties, days, and hours of the various classifications of

administrators.

Administrative staff shall perform the duties required by Florida statutes and all other generally accepted administrative

duties such as hall duty, supervision of bus loading zones, chaperoning students, and other reasonable duties as may

be assigned by the administrator's immediate supervisor. Failure to perform such duties in an acceptable manner shall

constitute a violation of contract and/or Board appointment.

Employment of Relatives

No employee shall be assigned to a position that reports to or supervises a position held by a close relative. Close

relative shall be defined as the first degree of kindred: husband, wife, father, mother, brother, sister, son, daughter, and

in-laws of the same degree. If such a reporting relationship is found to exist, the Superintendent shall effectuate an

appropriate transfer as soon as reasonably possible under the circumstances.

F.S. 112.3135, 1012.22, 1012.23

1130.01 - REASSIGNMENTS OF ADMINISTRATORS

Administrators may be reassigned to any position for which they are qualified in order to meet the needs of the District.

The Superintendent shall recommend administrative reassignments to the School Board.

F.S. 1012.01, 1012.33

District Bylaws and Policy- Pinellas County Schools - Page 65 of 695

1140 - DISCIPLINE OF ADMINISTRATORS

When the discipline of an administrator becomes necessary, such action shall be in proportion to the administrator's

offense or misconduct, consistent with appropriate procedural and substantive due process, State law, and this policy.

An administrator may be disciplined at any time during the contract year pursuant to provisions set forth in the

employment contract, applicable law, and this policy.

Administrators may be required to take such recognized examinations as the Superintendent or designee deems

necessary to evaluate their health, competence, and/or performance. The Board shall pay for the cost of the

examination(s).

All Board employees shall cooperate fully with appropriate authorities who are conducting investigations into employee

conduct.

Disciplinary Guidelines for Administrative Personnel

The Superintendent retains the right and the responsibility to manage the work force. The School District generally

follows a system of progressive discipline in dealing with deficiencies in employee work performance or conduct.

Progressive discipline may include, but is not limited to, written counseling/conference summary, caution, reprimand,

suspension without pay, and dismissal defined as follows:

A. Written Counseling/Conference Summary - This is a written memorandum or letter memorializing an area of

concern involving the performance or conduct of the employee. It is the first step in progressive discipline and

is intended to counsel and advise the employee of best practices.

B. Letter of Caution - A letter of caution is given to an employee who has demonstrated problematic behavior or

performance. It is the second step in progressive discipline and is intended to alert the employee that a

problem has been identified and needs to be corrected.

C. Reprimand - A written reprimand is more serious than a caution. It is a formal censure or admonition given to

an employee who has engaged in unacceptable behavior or demonstrated unacceptable performance.

D. Suspension Without Pay - A suspension without pay is the temporary release from duty of an employee for a

stated number of calendar days without pay and applies when a violation or repetition of violations of policies,

contractual provisions, laws, or District expectations are serious enough to warrant suspension.

E. Dismissal - This is the final step in progressive discipline and applies in cases where the employee misconduct

is severe or in cases where the misconduct or unacceptable behavior or performance is repetitive and the

progressive discipline procedures have not corrected the problems.

The severity of the problem or employee conduct will determine whether all steps will be followed or a recommendation

will be made for suspension without pay or dismissal. When there is a range of penalties, aggravating or mitigating

circumstances will be considered. The following offenses are subject to the penalties described below:

Offense

Penalty Range

Inappropriate sexual conduct including, but not

limited to lewd and lascivious behavior, indecent

exposure, solicitation of prostitution, sexual battery,

possession or sale of pornography involving

minors, sexual relations with a student

Dismissal

Illegal possession or use of drugs, or being

under the influence of illegal drugs, while

on or off duty

Reprimand-Dismissal

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Illegal sale of drugs whether on or off duty

Dismissal

Possession, use, or being under the

influence of illegal drugs while off duty

Reprimand-Dismissal

Committing or conviction* of a criminal act - felony

Suspension-

Dismissal

Committing or conviction* of a criminal act -

misdemeanor

Reprimand-

Dismissal

Possession of guns or weapons on Board property

(The provision set forth in F.S. 790.115(2)(a)(3) is

expressly waived in Policy 1217

Suspension-

Dismissal

Alcohol related offenses or driving under the

influence of alcohol

Reprimand-

Dismissal

Use of corporal punishment, excessive force, or

inappropriate method of discipline

Conference

Summary- Dismissal

Falsification or alteration of employment

paperwork, District forms or documents or

certification

Caution- Dismissal

Incompetence as evidenced by inability or lack of

fitness to discharge the required duty

Reprimand-Dismissal

9a.

Failure to perform the duties of the position

Caution-Dismissal

10.

Using position for personal gain/conflict of interest

Caution- Dismissal

11.

Harassment or discrimination of a student on the

basis of race, color, religion, sex, age, national or

ethnic origin, political beliefs, marital status,

disability, sexual orientation, or social and family

background

Reprimand-

Dismissal

12.

Harassment or discrimination which interferes with

an individual's performance of professional or work

responsibilities or with the orderly processes of

education or which creates a hostile, intimidating,

abusive, offensive, of oppressive environment

Caution- Dismissal

13.

Inappropriate or disparaging remarks to or about

students or exposing a student to unnecessary

embarrassment or disparagement

Conference

Summary- Dismissal

14.

Inappropriate relationship with a student

Reprimand-

Dismissal

15.

Inappropriate interactions with colleagues

including, but not limited to, physical or verbal

altercation

Conference

Summary- Dismissal

16.

Misappropriation of funds or theft of personal

property

Caution- Dismissal

District Bylaws and Policy- Pinellas County Schools - Page 67 of 695

17.

Excessive absenteeism or tardiness

Conference

Summary- Dismissal

18.

Absence without leave (AWOL)

Caution- Dismissal

18a.

Abandonment of job (shall be presumed after three

(3) consecutive work days of absence without

leave)

Dismissal

19.

Failure to correct performance deficiencies

Conference

Summary- Dismissal

20.

Insubordination, which is defined as a continuing or

intentional failure to obey a direct order,

reasonable in nature, and given by and with proper

authority

Caution- Dismissal

21.

Conduct unbecoming a Board employee that

brings the District disrepute or that disrupts the

orderly processes of the District

Caution- Dismissal

22.

Misconduct or Misconduct in Office

Caution- Dismissal

23.

Unauthorized use, theft, or vandalism of Board

property

Caution- Dismissal

24.

Failure to comply with Board policy, State law, or

appropriate contractual agreement

Caution- Dismissal

25.

Use or possession of obscene, pornographic or

sexually explicit materials on Board property or

Board computers/equipment/electronic devices

Suspension-

Dismissal

26.

Smoking or use of tobacco products on Board

property

Caution- Dismissal

27.

Commission of any offense listed in F.S. 1012.315

Caution- Dismissal

(Dismissal mandated

if adjudicated guilty)

28.

Violation of Safe Driver Plan

Caution- Dismissal

*Conviction shall mean a finding of guilt, a plea of guilty, a plea of nolo contendere

(no contest), or entering a pre-trial intervention or diversion program, whether or not

there is a formal adjudication of guilt.

Failure to include a particular act or type of conduct does not preclude the Board from

disciplining an employee for such omitted act or conduct if it otherwise constitutes

one (1) of the grounds listed in F.S. 1012.33.

The following aggravating and mitigating factors or circumstances will be considered

when determining the appropriate penalty within a penalty range:

the threat posed to the health, safety, or welfare of students, co-workers, or

members of the public

the severity of the offense

degree of student involvement

District Bylaws and Policy- Pinellas County Schools - Page 68 of 695

the disciplinary history of the employee, including the number of offenses,

the length of time between offenses as well as the similarity of offenses

the actual damage, physical or otherwise, cause by the misconduct

any effort of rehabilitation by the employee

attempts by the employee to correct or stop the misconduct

pecuniary benefit or self-gain to the employee realized by the misconduct

impact of offense on students, co-workers, or members of the public

10.

length of employment

11.

whether the misconduct was motivated by unlawful discrimination

12.

employee's evaluations

13.

any other relevant mitigating or aggravating factors

Prior to imposition of suspension without pay as the final penalty or dismissal,

employees shall be entitled to due process including an administrative hearing before

an impartial administrative law judge as provided under the Administrative

Procedures Act (F.S. Chapter 120) and shall be entitled to all the rights provided

under that Act including the right to be represented by counsel.

The standards of proof in criminal and administrative proceedings differ. Acquittal in

a criminal case shall not preclude the prosecution of a disciplinary action pursuant to

Board policy.

F.S. 120.57, 1001.41, 1001.42, 1001.43, 1012.22, 1012.27, 1012.32(2)

F.S. 1012.33, 1012.34

F.A.C. 6B-1.01, 6B-1.006

Adopted 12/9/09; Revised 6/29/10

District Bylaws and Policy- Pinellas County Schools - Page 69 of 695

1140.01 – DELEGATION TO SUPERINTENDENT - DISCIPLINARY SUSPENSION WITHOUT

PAY AND PROBATIONARY DISMISSAL

The School Board hereby delegates authority to the Superintendent to suspend administrative staff without pay for a

period not exceeding three (3) days.

A. An employee who is suspended under the authority of this policy shall be granted all due process

rights accorded by the Florida statutes and applicable collective bargaining agreements.

B. The Superintendent shall regularly notify the Board of actions taken.

The Board also delegates authority to the Superintendent to terminate administrators during their probationary period

and to accept written agreements from administrators wherein they agree to matters affecting their employment including

a suspension without pay.

F.S. Chapter 120, 1012.27(5)

1150 - RESIGNATION

The School Board hereby delegates to the Superintendent the authority to accept or reject resignations on the Board's

behalf. All resignations shall be irrevocable by the resignee once tendered unless the Superintendent otherwise

consents in writing. The resignation shall be submitted to the Board at a regular or special meeting.

F.S. 1012.22, 1012.33

1160 - MEDICAL EXAMINATIONS RELATED TO FITNESS FOR DUTY

The Superintendent may require a physical, psychological, and/or psychiatric examination by a physician licensed in the

State of Florida when in the Superintendent's judgment such an examination is needed to ascertain whether the

administrator meets job related physical or mental requirements, whether the administrator is able to perform the

essential functions of his/her position, or when it is necessary to determine whether the administrator poses a direct

threat to the safety of the administrator or others. The Superintendent shall select the physician(s), psychologist(s), or

psychiatrist(s) and shall pay all costs incurred in the examination(s). The administrator shall allow the physician(s),

psychologist(s), or psychiatrist(s) to submit a written report of their findings to the Superintendent, with a copy being

forwarded to the administrator. Refusal to take such required examination or to permit the release of a written report to

the Superintendent shall be grounds for appropriate discipline.

F.S. 1012.22, 1012.23, 1012.27

42 U.S.C. 12101 et seq., Americans with Disabilities Act of 1990

29 C.F.R. Part 1630

District Bylaws and Policy- Pinellas County Schools - Page 70 of 695

1161 - UNREQUESTED LEAVES OF ABSENCE

Should an employee evidence a physical condition, unrelated to employment, which impairs the employee's ability to

perform normal duties, the following criteria shall apply:

A. The employee shall be required to take leave from job duties immediately. The employee shall be

allowed to use any accumulated vacation or sick leave for this purpose.

B. Within five (5) working days, the employee shall notify the principal or department head concerned

in writing of what action the employee plans to take.

C. Absence beyond accumulated vacation or sick leave may be granted as leave without pay.

D. Prior to return to duty, it shall be necessary for the employee to be cleared by a licensed physician,

and then written clearance shall be submitted to the principal or department head.

E. If the physician recommends further treatment, the employee shall, at personal expense, secure

such treatment from a physician. An employee may, at personal expense, secure second opinions

from other licensed physicians. The employee’s supervisor shall be notified within thirty (30) days

by the personal physician that the employee is under the physician’s care for the condition noted. If

the supervisor does not secure this notification, the employee may be terminated.

In cases of accident or illness resulting in an absence of five (5) or more working days, the employee’s supervisor may

require a medical examination of the employee to be made at the employee's expense with a medical report being

submitted to the supervisor.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43, 1012.23

Americans with Disabilities Act of 1990

42 U.S.C. 12101 et seq.

29 C.F.R. Part 1630

1170 - SUBSTANCE ABUSE

The School Board recognizes that alcoholism and drug addiction are illnesses that may impair the performance of

administrative staff members.

An administrative staff member having an illness or other problem relating to the use of alcohol or other drugs will receive

the same careful consideration and offer of assistance that is presently extended to administrative staff members having

any other illness.

The responsibility to correct unsatisfactory job performance or behavior resulting from a suspected health problem rests

with the administrative staff member. Failure to do so will result in appropriate corrective or disciplinary action as

determined by the Board.

No administrative staff member will have his/her job security or promotion opportunities jeopardized by his/her request

for counseling or referral assistance.

Administrative staff members who suspect they may have an alcohol or other drug abuse problem are encouraged to

seek counseling and information on a confidential basis by contacting the District's employee assistance program, or by

pursuing other resources available for such service.

F.S. 1012.22, 1012.23, 1012.27

Rehabilitation Act of 1973, 29 U.S.C. 794

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1170.01 - EMPLOYEE ASSISTANCE PROGRAM (EAP)

The School Board recognizes that administrators are subject to personal issues such as stress, depression, substance

abuse, alcohol abuse, marital and family conflicts, and financial pressures and that these matters may interfere with their

work and quality of life. All administrators and their family members living with the employee or retiree are eligible to

participate in an Employee Assistance Plan (EAP) to assist in dealing with these matters.

The EAP provides for assessment of concerns, problem resolution, and referral to appropriate resources. When an

employee contacts the EAP, the intake counselor will work with the employee to determine the best course of action.

The EAP is provided at no cost. Participation is voluntary and discussions are confidential.

Administrative staff members who suspect they may have need of EAP services are encouraged to seek counseling and

information on a confidential basis by contacting the District's EAP, or by pursuing other resources available for such

services.

F.S. 1012.22, 1012.23, 1012.27

1170.02 - RECORDS AND REPORTS

Administrators shall maintain all records and reports as are required by law and Board policy or as the Superintendent

may deem necessary for the effective administration of the schools/departments.

F.S. 119.07, 119.011

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1210 - STANDARDS OF ETHICAL CONDUCT FOR ADMINISTRATIVE STAFF

An effective educational program requires the services of men and women of integrity, high ideals, and human

understanding.

All administrators shall adhere to the Code of Ethics for Public Officers and Employees as set forth in F.S. 112.311, et

seq.

The School Board hereby establishes the following as additional standards of ethical conduct for all administrators in

the District:

A. An administrator shall:

1. make a reasonable effort to protect the student from conditions harmful to learning and/or to

the student's mental and/or physical health and/or safety;

2. keep in confidence personally identifiable information obtained in the course of professional

service, unless disclosure serves professional purposes or is required by law;

3. take reasonable precautions to distinguish between personal views and those of any

educational institution or organization with which the individual is affiliated;

4. maintain honesty in all professional dealings;

5. with the exception of probationary terminations and non-reappointments of contractual

personnel, provide upon the request of a certificated individual a written statement of specific

reason for recommendations that lead to the denial of increments, significant changes in

employment, or termination of employment;

6. self-report within forty eight (48) hours to an immediate supervisor any arrest or receipt of a

Notice to Appear for any criminal offense, including driving under the influence (DUI) and

other criminal traffic offenses and local ordinance violations punishable by any period of

incarceration, or charged in any way with such offenses. The supervisor shall promptly notify

the Office of Professional Standards. Administrators and supervisors who become aware of

subordinates who have been arrested, charged or given a Notice to Appear for such offenses

will immediately notify the Office of Professional Standards.

Such notice shall not be considered an admission of guilt nor shall such notice be admissible

for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory

or adjudicatory. In addition, administrators shall self-report any conviction, finding of guilt,

withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea

of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within

forty-eight (48) hours after the final judgment. When handling sealed and expunged records

disclosed under this rule, school districts shall comply with the confidentiality provisions of

F.S. 943.0585(4)(c) and 943.059(4)(c).

7. report to appropriate authorities any known allegation of a violation of the Florida School

Code or State Board of Education rules as defined in F.S. 1012.795;

8. seek no reprisal against any individual who has reported any allegation of a violation of the

Florida School Code or State Board of Education rules as defined in F.S. 1012. 795;

9. comply with the conditions of an order of the Education Practices Commission imposing

probation, imposing a fine, or restricting the authorized scope of practice;

District Bylaws and Policy- Pinellas County Schools - Page 73 of 695

10. cooperate with the Education Practices Commission in monitoring the probation of a

subordinate.

11. not unreasonably restrain a student from independent action in pursuit of learning;

12. not unreasonably deny a student access to diverse points of view;

13. not intentionally suppress or distort subject matter relevant to a student's academic program;

14. not intentionally expose a student to unnecessary embarrassment or disparagement;

15. not intentionally violate or deny a student's legal rights;

16. not harass or discriminate against any student on the basis of race, color, religion, sex, age,

national or ethnic origin, political beliefs, marital status, handicapping condition, sexual

orientation, or social and family background and make reasonable efforts to assure that each

student is protected from harassment or discrimination;

17. not exploit a relationship with a student for personal gain or advantage;

18. not intentionally distort or misrepresent facts concerning an educational matter in direct or

indirect public expression;

19. not use institutional privileges for personal gain or advantage;

20. not accept any gratuity, gift, or favor that might influence professional judgment;

21. not offer any gratuity, gift, or favor to obtain special advantages;

22. not on the basis of race, color, religion, sex, sexual orientation, age, national or ethnic origin,

political beliefs, marital status, handicapping condition if otherwise qualified, or social and

family background deny to a colleague professional benefits or advantages or participation

in any professional organization;

23. not interfere with a colleague's exercise of political or civil rights and responsibilities;

24. not engage in harassment or discriminatory conduct which unreasonably interferes with an

individual's performance of professional or work responsibilities or with the orderly processes

of education or which creates a hostile, intimidating, abusive, offensive, or oppressive

environment; and, further, make reasonable efforts to assure that each individual is

protected from such harassment or discrimination;

25. not make malicious or intentionally false statements about a colleague;

26. not use coercive means or promise special treatment to influence professional judgments of

colleagues;

27. not misrepresent one's own professional qualifications;

28. not submit fraudulent information on any document in connection with professional activities;

29. not make any fraudulent statement or fail to disclose a material fact in one's own or another's

application for a professional position;

30. not withhold information regarding a position from an applicant or misrepresent an

assignment or conditions of employment;

District Bylaws and Policy- Pinellas County Schools - Page 74 of 695

31. not assist entry into or continuance in the profession of any person known to be unqualified

in accordance with these Principles of Professional Conduct for the Education Profession in

Florida and other applicable Florida statutes and State Board of Education rules;

B. No administrative staff member shall have any interest, financial or otherwise, direct or indirect;

engage in any business transaction or professional activity; or incur any obligation of any nature

which is in conflict with the proper discharge of his/her duties in the public interest.

C. All District administrators shall adhere to the principles enumerated above.

All administrators shall be required to complete training on the standards established herein.

F.S. 112.313, 1001.42(6), 1012.23

F.A.C. 6B-1.001, 6B-1.006, 6A-10.081

Adopted 12/9/09; Revised 6/29/10

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1211 - WHISTLEBLOWER

Administrators who report certain violations of law or policy are protected from retaliation by State and Federal law.

Actions Prohibited

Neither the Board nor any independent contractor under contract with the Board shall dismiss, discipline, discriminate

against, or take any other adverse personnel action against an administrator for disclosing information pursuant to the

provisions of this policy.

Neither the Board nor any independent contractor under contract with the Board shall take any adverse action that

affects the rights or interests of an administrator in retaliation for the administrator's disclosure of information under this

policy.

The provisions of this policy shall not be applicable when an administrator discloses information known by the

administrator to be false.

Nature of Information Disclosed

The information disclosed under this policy must include:

A. A violation or suspected violation of a law, policy, rule, or regulation committed by an employee or

agent of the Board or independent contractor which violation creates and presents a substantial and

specific danger to the public's health, safety, or welfare; or

B. An act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public

funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an

employee or agent of the Board or independent contractor.

Administrators Protected

This policy protects administrators who disclose information on their own initiative in a written and signed complaint; who

are requested to participate in an investigation, hearing, or other inquiry conducted by any agency or Federal government

entity; who refuse to participate in any adverse action prohibited by this policy; or who initiates a complaint through the

whistle-blower's hotline or the hotline of the Medicaid Fraud Control Unit of the Department of Legal Affairs. No remedy

or other protection under this policy applies to any administrator who has committed or intentionally participated in

committing the violation or suspected violation for which protection under this policy is being sought.

Remedies

Within sixty (60) days after an alleged retaliatory action prohibited by this policy, any administrator who is protected by

this policy may file a complaint with the Office of Professional Standards. Within 180 days after the entry of a final

decision by the Office of Professional Standards, the employee who filed the complaint may bring a civil action in any

court of competent jurisdiction. Any administrator protected by this policy may, after exhausting all available contractual

or administrative remedies, bring a civil action in any court of competent jurisdiction within 180 days after the action

prohibited by this policy.

Confidentiality

The name or identity of any administrator who discloses in good faith to the Office of Professional Standards information

as described in Nature of Information Disclosed above may not be disclosed to anyone other than the Office of

Professional Standards, unless the written consent of the administrator is obtained; the disclosure of the administrator's

identity is necessary to prevent a substantial and specific danger to student or public health, safety, or welfare or to

prevent the imminent commission of a crime; or the disclosure is unavoidable and necessary during the course of the

audit or investigation.

All information described in Nature of Information Disclosed above that is received by the Office of Professional

Standards, and information produced or derived from fact-finding and investigation, is confidential and exempt from F.S.

119.07(1), and shall not be disclosed except as provided in F.S. 112.3188(2).

F.S. 112.3187 - 112.3188

42 U.S.C. 2000e-3

Adopted 12/9/09; Revised 6/29/10

District Bylaws and Policy- Pinellas County Schools - Page 76 of 695

1213 - STUDENT SUPERVISION AND WELFARE

Each administrator shall have authority for the control of students as may be assigned to him/her by the principal or

Superintendent and shall keep good order in the places in which s/he is assigned, and may undertake any of the actions

authorized by law to manage student behavior and ensure the safety of all students in their school and their opportunity

to learn in an orderly and disciplined classroom. Such actions shall be taken within the framework of the Code of Student

Conduct.

The following standards shall apply:

A. An administrator shall report when necessary to a district safety official any accident, safety hazard,

or other potentially harmful condition or situation s/he detects inclusive of potentially harmful,

dangerous, violent or criminal activities or threat of such activities

B. An administrator shall provide proper instruction in safety matters as presented in assigned course

guides.

C. An administrator shall not send students on any personal errands.

D. An administrator shall not inappropriately associate with students at any time in a manner which may

give the appearance of impropriety, including, but not limited to, the creation or participation in any

situation or activity which could be considered abusive or sexually suggestive or involve illegal

substances such as drugs, alcohol, or tobacco. Any sexual or other inappropriate conduct with a

student by any administrator will subject the offender to potential criminal liability and discipline up

to and including termination of employment.

Since most information concerning a child in school, other than directory information described in Policy 8330

, is

confidential under Federal and State laws, any administrator who shares confidential information with another person

not authorized to receive the information may be subject to discipline. This includes, but is not limited to, information

concerning assessments, grades, behavior, family background, and alleged child abuse.

Pursuant to the laws of the State and Board Policy 8462

, each instructional administrator shall report to the proper legal

authorities immediately any sign of suspected child abuse, abandonment or neglect.

F.S. 39.201, 119.071, 1001.51, 1002.22, 1003.32, 1006.07

20 U.S.C. 1232

34 C.F.R. Part 99

Revised 11/13/18

District Bylaws and Policy- Pinellas County Schools - Page 77 of 695

1213.01 – COMMUNICATIONS WITH PARENTS AND STUDENTS VIA ELECTRONIC MEDIA

(1) The School Board encourages positive and professional communication by staff with parents and students by

means which best protect the interests of all concerned. Communications via personal electronic media such as

Facebook, Twitter, cell phone messaging, and other personal electronic means regarding school matters have the

potential to create both public records and education records, or to contain personally identifiable student

information. The School Board is ultimately responsible for the maintenance and proper disposal of such records and

for the protection of such confidential information, and is dependent upon its employees to meet this responsibility.

(2) The School Board has provided staff with the means to communicate electronically with parents and students

concerning school matters. These means currently include PCS Portal, Moodle, and district email (Outlook), and are

sufficient for the purposes intended. For staff to communicate on school matters with parents and students by personal

electronic means when sufficient School Board means are available exposes the School Board to a possible violation of

its legal obligations. Such communication could cause the appearance of inappropriate association with students.

Accordingly, staff shall utilize School Board resources in all electronic communications with parents and students

regarding school matters provided, however, private electronic media, such as a cellphone, may be used when District

resources are not available, when such use is in the best interest of all concerned.

(3) Staff communications with parents and students via private electronic media concerning non-school-related matters

are governed in part by, and may lead to discipline under, Board Policies 1140, 3140, and 4140.

(4) Volunteers shall abide by Policy 1213.01, and shall utilize School Board resources in all electronic communications

with parents and students regarding school matters; provided, however, private electronic media, such as a cellphone,

may be used when District resources are not available, when such use is in the best interest of all concerned.

Effective Date: August 15, 2011

Adopted 6/14/2011; Revised 10/23/2012

1214 - SOLICITATION OR ACCEPTANCE OF GIFTS OR UNAUTHORIZED COMPENSATION

Pursuant to State law no administrative staff member shall solicit or accept anything of value to the recipient, including,

but not limited to, a gift, loan, reward, promise of future employment, favor, or service, that is based upon any

understanding that the vote, official action, or judgement of the administrative staff member would be influenced thereby.

For purposes of this policy, the meaning of "gift" shall consistent with the definition of the term in F.S. 112.312(12)(a),

and shall include, but not be limited to, the following:

A. real property

B. the use of real property

C. tangible or intangible personal property

D. a preferential rate or terms on a debt, loan, goods or services

E. forgiveness or an indebtedness

F. transportation, other than that provided to other employees in relation to officially approved

government business, lodging, or parking

G. food or beverage

H. membership dues

I. entrance fees, admission fees, or tickets to events, performances, or facilities

J. plants, flowers, or floral arrangements

K. services provided by persons pursuant to a professional license or certificate

L. other personal services for which a fee is normally charged

M. any other similar service or thing having an attribute value

F.S. Ch. 112

District Bylaws and Policy- Pinellas County Schools - Page 78 of 695

1215 - TOBACCO AND NICOTINE USE

The School Board is committed to providing students, staff, and visitors with a tobacco and nicotine free environment.

The negative health effects of the use of tobacco and nicotine products for both users and nonusers, particularly in

connection with second hand smoke, are well established. Further, providing a tobacco and nicotine free environment

is consistent with the role-modeling responsibilities of teachers and staff for our students.

For purposes of this policy, "use of tobacco and nicotine products" shall mean all uses of tobacco, including cigars,

cigarettes, pipe tobacco, chewing tobacco, snuff, any other substance or product that contains tobacco or nicotine, as

well as any uses of electronic cigarette/cigar or any other product designed or manufactured to imitate any of the products

mentioned herein regardless of whether it contains tobacco or nicotine. “Use of tobacco and nicotine products” shall not

include use of nicotine patches or nicotine gum for their intended purposes.

No person may use tobacco or nicotine products in any Board facility, including the outside grounds, or in any Board

owned or operated vehicle.

F.S. 386.202, 386.204, 386.212

20 U.S.C. 6081 et seq., 20 U.S.C. 7182

1216 - DRESS AND GROOMING

The School Board believes that administrative staff members set an example in dress and grooming for their staff and

students to follow. Administrators who understand this precept and adhere to it enlarge the importance of their task,

present an image of dignity, and encourage respect for authority. These factors act in a positive manner toward the

maintenance of discipline.

The Board retains the authority to specify the following dress and grooming procedures for staff that will prevent such

matters from having an adverse impact on the educational process. When assigned to District duty, all administrative

staff members shall:

A. be physically clean, neat, and well groomed;

B. dress in a manner consistent with their administrative responsibilities;

C. dress in a manner that communicates pride in personal appearance;

D. be groomed in such a way that their hair style or dress does not disrupt the educational process nor

cause a health or safety hazard.

District Bylaws and Policy- Pinellas County Schools - Page 79 of 695

1217 - FIREARMS AND WEAPONS

A person shall not possess any firearm or weapon, except as authorized in support of school-sanctioned activities, at a

school-sponsored event or on School Board property, including the property of any school, administration building,

school bus, or school bus stop; however, a person may carry a firearm:

1. In a case to a firearms program, class or function which has been approved in advance by the principal

or chief administrative officer of the school as a program or class to which firearms could be carried;

2. In a case to a career center having a firearms training range; or

3. In the case of non-employee persons 18 years of age or older: within the interior of a private motor

vehicle and the firearm or weapon is carried for a lawful purpose, is securely encased or is not readily

available for immediate use; provided, however, this exception shall not apply for purposes of student

and campus parking privileges on school property; or

4. In the case of employees: If the employee is in lawful possession of a legally owned firearm that is

locked inside or locked to a private motor vehicle in a parking lot and when the employee is lawfully in

such area; provided, however, this exception shall not apply to any school property.

Concealed Weapon or Firearm. A person may be in lawful possession of a concealed weapon or firearm on School

Board property with certain exceptions; a concealed weapon or firearm may not be carried:

1. Into any District elementary or secondary school facility or career center;

2 Into an administration building as defined below;

3. Into an athletic event that is not related to firearms; or

4. Into a School Board meeting.

For purposes of this policy the term “administration building” is any Board-owned or leased facility where one or more

administrative employees are assigned.

For the purposes of this policy, “school property” means the property of any preschool, elementary school, middle school,

junior high school, secondary school, career center, or postsecondary school, whether public or nonpublic.

"Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a

projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer;

any destructive device; or any machine gun.

"Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other

deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

This policy shall not apply to possession by members of the armed forces, national guard, police or other licensed law

enforcement officers, or other persons approved by the school or District on a case-by-case basis.

F.S. 790.001, 790.06, 790.115, 790.25, 790.251, 1001.32(2), 1001.41, 1001.42, 1001.43

18 U.S.C. 922

Adopted 12/9/09; Revised 7/26/11, 4/24/12

District Bylaws and Policy- Pinellas County Schools - Page 80 of 695

1220 - APPRAISAL OF ADMINISTRATIVE PERSONNEL

The appraisal of the performance of administrative staff members is necessary to enable the Superintendent to monitor

the effectiveness and competence of administrative staff members and to assist them in the improvement of their

professional performance.

The work of each administrator shall be appraised annually by the immediate supervisor. Each appraisal shall relate,

but not be limited, to the duties specified in the job description.

A. The appraisal shall be completed and on file in accordance with the time schedule established by

the Superintendent.

B. An appraisal shall be submitted at the time an administrator leaves the District if services terminate

prior to annual evaluations.

C. Administrators may be required to take recognized examinations as the Superintendent deems

necessary to evaluate their health, competence, and/or performance. Refusal to take required

examination(s) shall be grounds for immediate dismissal. The Board shall pay the cost of the

examination(s).

F.S. 110.224, 1012.34

District Bylaws and Policy- Pinellas County Schools - Page 81 of 695

1231 - OUTSIDE ACTIVITIES OF ADMINISTRATORS

(1) Administrative staff members should avoid situations in which their personal interests, activities, and associations

may conflict with the interests of the District. If such situations threaten an administrator's effectiveness within the school

system, the Superintendent and/or School Board shall evaluate the impact on such interest, activity, or association upon

the administrator's responsibilities.

(2) Administrators may not dedicate work time to an outside interest, activity, or association.

(3) Administrators shall not use school property or school time to solicit or accept customers for private enterprises.

(4) Administrators shall not engage in business transactions on behalf of private enterprises in which s/he may profit by

virtue of his/her official position or authority or benefit financially from confidential information that the employee has

obtained or may obtain by reason of his/her position or authority.

(5) Pursuant to State law and Board Policy 1232, administrators shall not participate in any political campaign for an

elective office while on duty. Furthermore, administrators shall not authorize the expenditure of public funds for a political

advertisement or electioneering communication concerning an issue, referendum, or amendment, including any State

question, that is subject to a vote of the electors, unless the electioneering communication are limited to factual

information.

(6) Pursuant to F.S. 106.011, “electioneering communication” shall mean any communication that is publicly distributed

to by a television station, radio station, cable television station, satellite system, newspaper, magazine, direct mail, or

telephone. In order to qualify as an electioneering communication, the communication must also be characterized by

the following:

(a) Refers to or depicts a clearly identified candidate for office without expressly advocating the election or defeat

of a candidate, but is susceptible to no reasonable interpretation other than an appeal or against a specific candidate;

(b) Is made within thirty (30) days before a primary or special primary election or sixty (60) days before any other

election for the office sought by the candidate; and

(7) The constitutional right to express political and other opinions as citizens is reserved to all employees.

(8) Administrators should refrain from expressions that disrupt the efficient operation of the school and/or interfere with

the maintenance of discipline by school officials.

(9) Administrators may not accept fees for remedial tutoring of students in the school or schools in which they have

administrative authority.

(10) Administrators should avoid conduct and associations outside the school which, if known, could have an adverse

or harmful effect upon the school community.

F.S. 104.31, 112.3145, 1006.32, 1012.23

Adopted 12/9/09; Revised 7/26/11

District Bylaws and Policy- Pinellas County Schools - Page 82 of 695

1232 - POLITICAL ACTIVITIES

(1) Employee Rights; Leaves of Absence: The School Board recognizes the right of its employees to campaign for and

to hold elective public office, except as prohibited under F.S. 112.313(10) and any other provisions under the statutes

and laws of Florida. Accordingly, the Board authorizes both short term and long term personal leaves of absence,

without pay, for its employees in order that such employees abstain from conflicts which may arise between the

employees' performance of their official duties in this school system and their political activities.

(2) Superintendent Directed to Provide Procedures; Guaranteeing Employee Rights; Protection Against Conflicts: The

Superintendent or designee is directed to provide procedures that will guarantee such employee rights, while at the

same time protecting the school system against any conflicts that might arise, such as interference with the normal

discharge of one's duty, as the result of an employee engaging in political activities and/or while holding public office.

(3) General Regulations:

(a) School employees engaging in political activities shall make it clear that their utterances and actions are theirs

as individuals and that they in no manner represent the views of the school system.

(b) Employees are prohibited from engaging in political activities on Board premises during duty hours.

office, giving full particulars for such request for leave. The Superintendent or designee shall, within a reasonable period

of time, advise the employee of the nature of the recommendation that shall be made to the Board concerning the

employee's request for leave.

(d) Employees engaging in political activities or in the holding of public office shall not use time, facilities, or

personnel of the school system to engage in such activities. Specifically, the use of copy reproduction equipment or

other machinery or supplies, the use of secretarial help, or any other school facilities or personnel is strictly prohibited.

Telephone use for such political activities during duty hours shall be confined to an emergency only, and then only in

such a manner as shall not conflict with the employee's school related duties. Such office holder, or other politically

active employees, are expected to discourage constituents, or other persons with whom they are associated in their

political capacities, from making telephone calls to them, during duty hours.

(e) Any employee who has been suspended or removed from public office, the grounds for which have been as

those provided within F.S. 231.28, shall not be returned to duty with the school system until such charges against the

employee have been dismissed or otherwise legally terminated in the employee's favor.

(4) Campaigning:

(a) Employees who confine campaign activities to off-duty hours, as provided above, shall not be required to take

personal leave.

(b) Employees who desire to take personal leave for campaign activities shall apply to the personnel office, as

provided above, requesting personal leave for a definite period of time, not to exceed ninety (90) calendar days.

(d) Employees desiring to return to their positions earlier than specified, as provided above, may be returned to

their positions, upon written request to do so, provided that is convenient for the school system; otherwise, they shall be

returned to their positions when the leave expires or as soon before as it is convenient for the school system.

(5) Employees Holding Part Time Public Office:

(a) Employees who have been elected to public office for duties which do not require full time responsibilities may

be permitted to make personal arrangements for intermittent leave(s), without pay, with their supervisors and the

personnel office and with the approval of the Superintendent or designee; provided such leave(s) does not conflict with

the employee's school system-related duties, and provided especially that the interests of students are not impaired.

District Bylaws and Policy- Pinellas County Schools - Page 83 of 695

(b) The District reserves the right to deny or to terminate such personal arrangements, as are provided above,

when, in the judgment of the Superintendent or designee, such personal arrangements are in conflict with, or are not in

the best interests of, the school system or its students.

be permitted to take an extended personal leave, as provided below.

(6) Employees Holding Full Time Public Office:

(a) Employees who have been elected to public office which requires full time responsibilities shall, upon written

request to the personnel office, as provided above, be granted a personal leave of absence for the length of their term.

(b) Upon termination of the personal leave for the holding of public office, the employee shall be assigned to the

same or similar position held prior to the personal leave.

(7) Additional Statutory Requirements

(a) Pursuant to State law and Board Policy 6480, administrative staff members may not expend public funds (that

is, any funds under the jurisdiction or control of the District) for a political advertisement or electioneering communication

concerning an issue, referendum, or amendment, including State questions,that are subject to a vote of the electors.

(b) Pursuant to F.S. 106.011, “electioneering communication” shall mean any communication that is publicly

distributed to by a television station, radio station, cable television station, satellite system, newspaper, magazine, direct

mail, or telephone. In order to qualify as an electioneering communication, the communication must also be

characterized by the following:

1. Refers to or depicts a clearly identified candidate for office without expressly advocating the election or defeat

of a candidate, but is susceptible to no reasonable interpretation other than an appeal or against a specific candidate;

2. Is made within thirty (30) days before a primary or special primary election or sixty (60) days before any other

election for the office sought by the candidate; and

3. Is targeted to the relevant electorate in the geographic area the candidate would represent if elected.

upon qualifying for election. Such candidates shall adhere strictly to Florida statutes governing political activity on the

part of public official and public employees.

F.S. 104.31, 110.233, 112.313 (10), 1001.32(2), 1001.41, 1001.42, 1001.43

F.A.C. 60L-36.002

Adopted 12/9/09; Revised 7/26/11

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1235 - JURY/WITNESS DUTY

An administrator who is summoned for jury duty, or who is subpoenaed as a witness not involving his/her personal

litigation, will be granted leave with pay for a maximum of fifteen (15) days. Should jury or witness duty extend beyond

fifteen (15) days and the administrator is appearing as a witness as a function of his/her administrative position,

additional leave shall be granted. In all other cases, extensions of leave may be granted only upon the approval of the

Superintendent.

Witness fees may be retained by the administrator. Jury duty fees paid to the administrator for service during leave

shall be submitted to the District. Otherwise, such fees may be retained by the administrator.

In no case shall a leave for jury/witness duty be granted for court attendance when an administrator is engaged in

his/her personal litigation. In such cases, an administrator must request leave with or without pay.

F.S. 40.24, 40.271, 1001.41, 1001.42(5), 1001.43(11), 1012.66

F.A.C. 6A-1.084

Adopted 12/9/09; Revised 6/29/10

1240 - TEMPORARY DUTY ELSEWHERE

Temporary duty elsewhere is not a leave. It is an assignment away from the usual place of duty. It does not interrupt pay

and other benefits. Requests shall be made on the form provided and approved by the principal or supervisor.

A. Employees shall not be assigned temporary duty elsewhere to earn college credits, improve rank, or renew

certificates, except when participating in a program approved by the Board specifically authorizing such duty.

B. Employees engaged in field trips or other activities away from their regular assignments shall be required to

process requests for temporary duty elsewhere on the proper form.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

Adopted 6/29/10

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1242 - PROFESSIONAL DEVELOPMENT

(1) Pursuant to State law, the School District will work collaboratively with the Florida Department of Education (FLDOE),

public postsecondary institutions, State education foundations, consortia, and professional organizations in Florida to

maintain a coordinated system of professional development. The purpose of the system is to increase student

achievement, enhance classroom instructional strategies that promote rigor and relevance throughout the curriculum,

and prepare students for continuing education in the workforce.

(2) The District's comprehensive professional development plan will incorporate school improvement plans, will align

with the Florida Professional Development System Evaluation Protocol Standards, which support the framework for

standards adopted by Learning Forward (formerly National Staff Development Council), and will align with the principal

leadership training and the Florida Leadership Standards.

(3) As required by State law, the District's comprehensive professional development plan will be updated annually by

September 1st. Any substantial revisions to the District's plan will be submitted to the FLDOE for their review for

continued approval. The Superintendent will annually recommend for the School Board's consideration and adoption of

the updated comprehensive professional development plan, so that verification of the adoption can be submitted to the

Commissioner of Education not later than October 1st of each year.

(4) The Board will provide funding for professional development as required by State law and the General Appropriations

Act and will authorize expenditures from other sources to continuously strengthen the District's system of professional

development. The plan will also provide training for each teacher who will use materials that were purchased with funds

allocated by the State for instructional materials, provide in-service credit for the training, and document satisfactory

completion of the training by each teacher.

(5) By July 1st of each year and prior to the release of funds for instructional materials, pursuant to statutory

requirements, the Superintendent will certify to the Commissioner of Education that the Board has approved a

comprehensive professional development plan that requires fidelity of implementation of instructional materials that are

in the first two (2) years of the adoption cycle. The report will also include verification that the training was provided.

(6) The Superintendent will annually report to the Board on the implementation of the plan.

F.S. 1001.42, 1011.62, 1011.67, 1012.22, 1012.98, 1012.985, 1012.986

Adopted 12/9/09; Revised 7/26/11

District Bylaws and Policy- Pinellas County Schools - Page 86 of 695

1281 - USE OF EMPLOYEE'S PERSONAL PROPERTY AT WORK

From time-to-time School Board employees may wish to bring personal property to work either for reasons associated

with administrative responsibilities or for use during off-duty time. This practice is permitted provided it is understood

that the Board is not responsible for any loss, damage, or misuse of said property. Employees who bring personal

property onto District premises for work-related purposes must notify the Superintendent prior to bringing such property

onto District premises. Except in extraordinary circumstances, the Board will provide all employees with the equipment

and tools necessary to perform their assigned duties.

If the Superintendent requests an employee bring a certain piece of equipment or tool to school in order to complete a

specific task, the personal property may be covered by the Board's property insurance policy, subject to deductibles and

limitations of District insurance coverage.

Board employees are permitted to possess personal communication devices (e.g., cellular telephones) at work in

accordance with Policy 7530.01

Other individuals may wish to bring personal property onto District premises. The owner of the personal property bears

all responsibility and assumes all risk for loss, damage or misuse of said personal property while it is on Board property.

This provision applies, without limitation, to trespassers, invitees, visitors, and independent contractors.

The limitation of liabilities set forth in the previous paragraphs applies to all personal property, regardless of any benefit

the Board receives from its use.

Adopted 12/9/09; Revised 6/29/10

1310 - FREEDOM OF SPEECH IN NONINSTRUCTIONAL SETTINGS

Administrative staff members, as citizens in a democratic society, have the right to speak out on issues of public concern.

When those issues are related to the District, however, the administrative staff member's expression should be balanced

against the interests of this District. However, employees are not speaking as citizens when they are speaking to fulfill

a responsibility of their job, such as preparing a memorandum or lesson plan. Thus, workplace speech is not protected

by the First Amendment. Further, Federal and State law prohibit the School Board from adopting any policy or rule, or

from entering into any agreement, that infringes upon or waives the rights or freedoms afforded to administrative staff

members by the United States Constitution.

First Amendment, U. S. Constitution

Fla. Constitution, Article I, Section 4

F.S. 1003.4505

Adopted 12/9/09; Revised 7/26/11

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1362 - POLICY AGAINST HARASSMENT AND DISCRIMINATION

General Policy Statement

No employee, student, applicant for employment, volunteer, vendor, or member of the public, shall, on the basis of age,

sex, race, color, national origin, religion, disability, sexual orientation, marital status, or any other characteristic protected

by federal or state law or Board policy, be excluded from participation in, be denied the benefits of, or be subjected to

unlawful discrimination or harassment under, any educational program, activity, service, or in any employment condition,

policy or practice conducted by the Board.

The Board encourages any individual who feels that he or she has been subjected to unlawful discrimination or

harassment to seek assistance to rectify the problem. The Board will investigate all allegations of unlawful discrimination

or harassment and, in those cases where unlawful discrimination or harassment is substantiated, will take immediate

steps to end the discrimination or harassment. The Board will take appropriate disciplinary action against any employee

found to have engaged in unlawful discrimination or harassment and will take such other appropriate action against

individuals who are not employed by the Board, but may be under the control or supervision of the Board.

Definitions

A. Unlawful Discrimination is conduct which deprives a person of the opportunity to participate in employment,

educational programs or activities, Board or school sponsored activities, or in any other activity offered or provided by

the Board, on account of age, sex, race, color, national origin, religion, disability, sexual orientation, marital status, or

any other characteristic protected by federal or state law or Board policy.

B. Harassment is conduct directed by a person or persons against another person or persons on account of age,

sex, race, color, national origin, religion, disability, sexual orientation, marital status, or any other characteristic protected

by federal or state law or Board policy, which is severe, persistent, pervasive, and objectively offensive to the point that

the prohibited conduct substantially impairs the person’s participation in their employment, educational programs, school

sponsored activities, or any other activity offered or provided by the Board.

C. Sexual Harassment

Pursuant to Title VII of the Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972, "sexual

harassment" is defined as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, occur

when:

Submission to such conduct is made either implicitly or explicitly a term or condition of an individual's

employment, or status in a class, educational program, or activity;

Submission or rejection of such conduct by an individual is used as the basis for employment or

educational decisions affecting such individual;

Such conduct has the purpose or effect of interfering with the individual's work or educational performance;

of creating an intimidating, hostile, or offensive working, and/or learning environment; or of interfering with

one's ability to participate in or benefit from a class or an educational program or activity.

Sexual harassment may involve the behavior of a person of either gender against a person of the same or opposite

gender.

Prohibited acts that constitute sexual harassment may take a variety of forms. Examples of the kinds of conduct that

may constitute sexual harassment include, but are not limited to:

Unwelcome sexual propositions, invitations, solicitations, and flirtations.

District Bylaws and Policy- Pinellas County Schools - Page 88 of 695

2. Physical assault.

Threats or insinuations that a person's employment, wages, academic grade, promotion, classroom work

or assignments, academic status, participation in athletics or extra-curricular programs or events, or other

conditions of employment or education may be adversely affected by not submitting to sexual advances.

Unwelcome verbal expressions of a sexual nature, including graphic sexual commentaries about a

person's body, dress, appearance, or sexual activities; the unwelcome use of sexually degrading

language, jokes or innuendoes; unwelcome suggestive or insulting sounds or whistles; obscene telephone

calls.

Sexually suggestive objects, pictures, audio or visual representation, or literature, placed in the work or

educational environment, which may embarrass or offend individuals.

Unwelcome and inappropriate touching, patting, or pinching; obscene gestures.

A pattern of conduct, which can be subtle in nature, that has sexual overtones and is intended to create

or has the effect of creating discomfort and/or humiliation to another.

Remarks speculating about a person's sexual activities or sexual history, or remarks about one's own

sexual activities or sexual history.

Consensual sexual relationships where such relationship leads to favoritism of a subordinate employee

with whom the superior is sexually involved and where such favoritism adversely affects other employees

or otherwise creates a hostile work environment.

10.

Inappropriate boundary invasions by a District employee or other adult member of the School District

community into a student's personal space and personal life.

Not all behavior with sexual connotations constitutes sexual harassment. Conduct must be sufficiently severe, pervasive,

and persistent such that it adversely affects an individual's employment or education, or such that it creates a hostile or

abusive employment or educational environment.

Any teacher, administrator, coach, or other school authority who engages in sexual conduct with a student may also be

guilty of a crime.

D. Other Prohibited Conduct

The Board will also take immediate steps to impose disciplinary action against an employee or take such other

appropriate action against individuals engaging in any of the following prohibited acts:

1. Retaliating against a person who has made a report or filed a complaint alleging unlawful discrimination

or harassment, or who has participated as a witness in a discrimination or harassment investigation.

2. Filing a malicious or knowingly false report or complaint of unlawful discrimination or harassment.

3. Disregarding, failing to investigate adequately, or delaying investigation of allegations of unlawful

discrimination or harassment, when responsibility for reporting and/or investigating such charges

comprises part of one's supervisory duties.

COMPLAINTS

A. Procedure for Filing a Complaint

Any employee, applicant for employment, student, or third party, who believes that he or she has been unlawfully

discriminated against or has been harassed in violation of this Policy by an employee, student, or other party who is

District Bylaws and Policy- Pinellas County Schools - Page 89 of 695

subject to the jurisdiction of the School Board, and who wishes to file a complaint, shall use the following complaint

procedure:

1. The complaint shall be filed in writing with the Compliance Officer, appointed pursuant to Policy 1122, in

the Office of Equal Opportunity, and shall be signed by the complainant or reporting administrator. The

complaint shall be filed within 30 calendar days from the date of the incident.

2. Upon receipt of the complaint, the Compliance Officer shall review the complaint to determine whether it

alleges the essential elements of unlawful discrimination or harassment prohibited by this Policy. If it does

not, the Compliance Officer will notify the complainant in writing and no further action will be taken.

3. If the complaint does allege the essential elements of unlawful discrimination or harassment prohibited by

this Policy, the Compliance Officer, will investigate the allegations of the complaint. A copy of the complaint

shall be forwarded to the School Board Attorney. The Compliance Officer is authorized and encouraged

to assign the investigation to an administrator at the school or site.

4. Upon completion of the investigation, the site based administrator or the Compliance Officer, as the case

may be, in consultation with the Assistant Superintendent, Human Resources, and the School Board

Attorney, will prepare a final written report containing factual findings.

5. In cases where the complaint is substantiated in whole or in part, the Compliance Officer will meet with

the complainant regarding the factual findings, provide a copy of the investigative report and seek

complainant’s input into any resolution of the complaint.

6. A substantiated complaint against personnel will be forwarded to the Office of Professional Standards.

Any employee against whom a complaint has been substantiated will be subject to an employee

disciplinary action, which could range from conference summary to termination of employment.

7. If the complainant disagrees with the determination either under paragraph 2 or 5, the complainant may

request in writing a review by the Superintendent within five (5) working days after receiving notification

of the determination. Upon fifteen (15) working days following receipt of the complainant’s request for

review, the Superintendent shall render a written decision. The decision of the Superintendent shall be

final.

8. If an administrator learns of an alleged incident of unlawful discrimination or harassment prohibited by this

Policy against an employee or applicant, he or she is required to report complaints immediately to the

Compliance Officer. These complaint procedures will be followed the same as if the complainant originally

filed the complaint.

9. The use of these complaint procedures shall not prohibit the complainant from seeking redress from other

available state or federal sources.

10. The right to confidentiality of student records will be respected, consistent with federal and state law and

Board policy.

11. All complaints and other records that relate to a complaint of discrimination are exempt from the Public

Records Act until a finding is made relating to probable cause, the investigation of the complaint becomes

inactive, or the complaint or other record is made part of the official record of any hearing or court

proceeding.

B. Alternative Remedies

The complaint procedures set forth in this Policy are not intended to interfere with the rights of any complainant to pursue

a complaint of unlawful harassment or discrimination with the United States Department of Education, Office for Civil

Rights, the Florida Civil Rights Commission, or the Equal Employment Opportunity Commission.

F.S. 1000.05, 1001.42, 1006.147

F.A.C. 6A-19.001 et seq., 6B-1.006(3)(g)

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42 U.S.C. 2000d et seq.; 42 U.S.C. 2000e et seq.;

29 U.S.C. 621 et seq.; 29 U.S.C. 794; 28 C.F.R. Part 35;

29 C.F.R. Part 1635; 42 U.S.C. 12101 et seq.; 20 U.S.C. 1681 et seq.;

42 U.S.C. 1983; 34 C.F.R. Parts 100, 104 and 106

Adopted 12/9/09; Revised 7/27/10; 3/15/11

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1362.01 - ANTI-HARASSMENT COMPLAINT PROCEDURE

Adopted 7/27/10; Repealed 3/15/11

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1410 - COMPENSATION

Salaries of all administrators shall be approved by the School Board on the recommendation of the Superintendent and

shall be outlined in the annual salary schedule adopted by the Board.

Pursuant to statutory requirements, the salary schedule recommended by the Superintendent and adopted by the Board

shall include differentiated pay that is based upon District-determined factors.

Salaries are subject to negotiation.

F.S. 1011.60, 1012.22

1415 – RETIREMENT

The District is a member of the Florida Retirement System. Contributions are made on behalf of the eligible

employees in accordance with the guidelines established by the Florida Retirement System. Employees may not

make their own contributions, but may participate in the voluntary retirement plans offered by the District.

Adopted 6/29/10

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1419.02 - PRIVACY PROTECTIONS OF FULLY INSURED GROUP HEALTH PLANS

The School Board provides coverage to eligible employees under fully insured group health plans. The Board has

established the following fully insured group health plans:

A. Group Health Plan

B. Dental Plan

C. Vision Plan

D. Employee Assistance Plan

The Board acknowledges that these group health plans are required to comply with the HIPAA Privacy Rule. Fully

insured group health plans generally are exempt from many of the requirements imposed upon self-funded group health

plans.

The fully insured group health plans established by the Board shall:

A. refrain from taking any retaliatory action against any individual for exercising any right under the plan,

filing a complaint with Health and Human Services, participating in any proceeding under Part C of

Title XI of the Social Security Act, or opposing any act or practice made unlawful by the Privacy Rule

provided that the individual has a good faith belief that the practice opposed is unlawful;

B. not impose a requirement that participants waive their rights under the Privacy Rule as a condition

of the provision of payment, enrollment in a health plan, or eligibility of benefits;

C. if the plan document is amended in accordance with the Privacy Rule, the plan must retain a copy

of the plan as amended for six (6) years from the date of its amendment or the date when it last was

in effect, whichever is later.

Fully insured group health plans established by the Board shall not create or receive protected health information, except

for:

A. summary health information;

Summary health information is de-identified information that summarized claims history, claims

expenses, or type of claims experienced by health plan participants.

B. information on whether an individual is participating in a group health plan, or is enrolled in or has

disenrolled from a health insurance issuer or HMO offered by the plan.

F.S. 1002.02

20 U.S.C. 1232g

42 U.S.C. 1320d-2

Health Insurance Portability and Accountability Act (HIPAA)

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1420 - EMPLOYEE BENEFITS

Benefit Program

The School Board agrees to provide a comprehensive benefits program to include but not limited to health, dental, life,

vision, accidental death and dismemberment, and income protection insurance. Health care reimbursement and

dependent care reimbursement accounts are also provided.

Section 125 Cafeteria Plan

The Board agrees to provide a cafeteria plan with a premium conversion option, which enables employees to pay their

portion of most insurance premiums on a pre-tax basis. Enrollment in the flex plan is automatic for eligible employees

and participation continues from year to year, unless the risk management and insurance department is notified by the

employee in writing to cancel participation. The cancellation request must be received by the department within thirty

(30) days of a change in family status or during the annual open enrollment period.

Premium payments for insurance coverage are deducted from the employee's gross salary before taxes are taken.

Because flex is considered by IRS as a salary reduction plan elections may only be made annually. Employees may

not change their election during the calendar year unless a change in family status occurs. The IRS defines a change

in family status as: marriage, death, divorce, birth, adoption, loss or gain of spouse or dependent's employment, loss of

plan eligibility, change of residence or work, entitlement to Medicare or Medicaid, or a judgment decree or court order

requiring coverage of dependents. IRS regulations on salary reduction are independent from insurance carrier

provisions for changes in coverage.

Board Contribution

Recognizing the importance of stabilizing the health insurance rates and expanding the number of persons participating

in the group health insurance programs, the Board shall strive to continue a plan of variable Board contributions.

The Board contributes toward the cost of employee benefits each pay period when a Board issued paycheck is received

(not to exceed twenty (20) contributions per calendar year). In any period during which a paycheck is not earned, the

employee will owe both the Board contribution amount and normal insurance deductions unless s/he is on an approved

family medical leave or health insurance waiver. Board contribution amounts vary and are negotiated annually.

When an employee chooses health insurance coverage, the Board contribution amount is automatically credited toward

the per-pay-period health insurance premium. If an employee does not select health insurance coverage, the employee

may apply the allotted Board contribution toward the purchase of certain supplemental insurance benefits, including

dental, vision, AD & D, short term and long term disability benefits, and health care reimbursement account (HCRA).

The maximum amount of Board provided flex credit elections into the HCRA may not exceed $25.00 per pay period and

the maximum election amount may not be less than $10.00.

Board contribution may not be used to purchase dependent life, DCRA, and voluntary term life insurance. Board

contribution is not cumulative and Board contribution not used is forfeited.

Eligible married Board employees, both working for the District, who wish to be covered by the same health insurance

plan and have at least one (1) additional dependent (total of three (3) persons), may select the two (2) Board family

option. Eligible married Board employees, who do not have additional dependents, must choose separate single plans.

Eligibility

Regular employees who work at least thirty (30) hours per week, job-share employees, and employees who work two

(2) part time regular jobs totaling more than thirty (30) hours per week are eligible for benefits.

Enrollment

Initial Enrollment

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Enrollment and change forms are due in the risk management and insurance department within thirty (30) calendar days

of hire or change of eligibility status. Coverage becomes effective the first day of the month following sixty (60) days of

employment or change of eligibility status.

Open Enrollment

The Board provides an annual open enrollment period during which an employee may add, cancel, or change coverage.

If no action is taken by the employee to change coverage, previous coverage will continue for the next calendar year.

Changes in Coverage

In accordance with IRS guidelines and carrier contracts, employees may make certain changes during the plan year if

a change in family status occurs. A completed enrollment and change form and supporting documentation must be

received by risk management within thirty (30) days of the qualifying event. The change in coverage will be effective

the first of the month following the qualifying event and receipt of the enrollment form by risk management.

Termination of Coverage

Insurance coverage ends the last day of the month in which an employee no longer meets eligibility requirements, retires,

terminates employment, or fails to pay the required premiums when due.

Basic Board Life

The Board shall provide, to eligible employees, group term life insurance in the amount of one (1) times annual salary

rounded up to the next $1,000 with a minimum amount of $15,000.

Insurance Deductions

Premiums for insurance plans are due in advance; therefore deductions begin the month before the insurance effective

date. Deductions are taken over twenty (20) pay periods with no scheduled deductions taken in the summer. In the

event that an employee's coverage in any insurance plan is effective after January 1st or if a change in coverage occurs

due to a change in family status, the employee's payroll deduction will be adjusted to insure that adequate premiums

have been collected. For all insurance programs, payment of premiums does not guarantee that coverage is in effect.

Coverage and eligibility are determined by the insurance contract and the policies and procedures of the risk

management department. If premiums are collected in error, a refund will be issued. In the event of a discrepancy in

coverage, risk management records are determinative, unless the employee can provide a copy of an approved

enrollment form to the contrary. Enrollment in a Board-benefit plan authorizes the Board to payroll deduct any and all

required insurance premium(s).

Waiver of Health Insurance Premium

An employee on an approved leave of absence who cannot work because of total disability and has used all available

sick leave and vacation time may apply for waiver of his/her health insurance premium. Employees must apply for the

waiver within thirty (30) days of the date of eligibility notification from the risk management and insurance department.

In order to qualify for waiver of premium, the leave must exceed ninety (90) days and the employee must be on an

approved leave of absence. In no instance, will a waiver exceed two (2) long term leaves. Waiver of premium

documentation must be submitted at least every six (6) months or upon request. Failure to provide this documentation

when due will result in cancellation of the waiver of premium.

Payment of Insurance While on Leave

While on an approved, non-FMLA, unpaid leave of absence, employees are required to pay the entire cost of all

insurance plans, including Board paid life insurance in order for coverage to continue. Payment must be received by

the risk management and insurance department by the first of each month. Insurance coverage will be canceled for

nonpayment if full payment is not received by the due date. When an employee is on an approved Family Medical Leave

(FMLA), the employee is responsible only for payment of the portion of premium(s) the employee normally pays.

Nonpayment of premiums will result in cancellation of coverage.

Payment of Insurance while Suspended without Pay

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While on suspension without pay, an employee is considered to be on unpaid leave of absence. As such, the employee

is entitled to maintain insurance coverage by paying the total cost of insurance. If the employee elects to continue

insurance and is reinstated, the employee will be refunded the Board contribution paid during the period of suspension.

If the employee elects to continue insurance and is not reinstated, the insurance will terminate the last day of the month

in which the employee is dismissed. If the employee choose not to continue insurance and is reinstated, insurance will

be reinstated the first of the month following the date of the final order and the employee will be responsible for any

regular employee contribution.

Retiree Insurance

An employee covered under the Florida Retirement System Defined Benefit Plan who retires with six (6) or more years

of service and elects to receive a State retirement check is eligible to participate in the retiree insurance program. An

employee covered under the Florida Retirement System Investment Plan, who retires with six (6) or more years of

service and is at least fifty-nine and one-half (59 1/2) or has completed thirty (30) or more years of services is eligible to

participate in the retiree insurance program. Benefit election must be made within thirty (30) days of the effective date

of retirement. Employees who do not enroll at retirement shall be ineligible for future participation in the Board retiree

insurance program. Retirees may only continue the health plan and coverage tier in effect at the time of retirement.

Board provided life insurance benefits may be continued or decreased but may not be increased. Life insurance benefits

are subject to age reduction formulas as determined by the carrier. Retirees may also maintain dental coverage only as

allowed by the provider and may also maintain coverage in the vision plan.

Accidental death and dismemberment and voluntary life insurance benefits may be continued as an individual contract

subject to insurance company procedures. Income protection coverage ends upon retirement.

Employee Assistance Program

The Board provides an Employee Assistance Program (EAP) to all part and full-time employees, retirees, and family

members living with an employee or retiree. Employees, retirees, and family members may utilize the EAP even if they

are not enrolled in the Board health plan. Participation in the EAP is voluntary and all records and discussions with the

EAP are confidential.

Voluntary Retirement Programs

The District provides eligible employees an optional 403(b), Roth 403(b), and 457 deferred compensation programs.

The Board is not responsible for the actions of nor recommends any company or investment product. Contributions

must be made through payroll deduction and therefore are considered a salary reduction. Change requests must be in

writing on the appropriate form to the attention of risk management and insurance.

Workers' Compensation

The Board provides workers' compensation benefits pursuant to F.S. Chapter 440. Workers' compensation indemnity

benefits paid in combination with an employee's sick leave or vacation time shall not exceed the employee's bi-weekly

salary. Whenever possible the Board will provide for up to ninety (90) days, light or modified duty for any employee

returning to work after a job-related injury. Reasonable accommodations will be made in accordance with restrictions of

the authorized treating physician.

Employee Well-Being and Satisfaction Committee

The parties agree to convene, on a regular basis, the Employee Well-Being and Satisfaction Committee composed of

representatives of the administration, instructional, and supporting services personnel. The committee shall be charged

with making employee benefit recommendations including those made during the annual renewal process.

Employee Benefit Guidelines

All other provisions regulating group benefits shall be governed by the policies and procedures of the risk management

department, insurance contracts, labor agreements, and this agreement.

Liability Coverage

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The Board will provide at no cost to the employee liability coverage pursuant to F.S. 768.28.

Dental Coverage

The Board will contribute towards the cost of optional dental coverage. The annual amount will be determined through

the bargaining process.

Vision Coverage

The Board agrees to provide vision insurance at no cost to all employees and their dependents enrolled in the District

sponsored health plan. Employees not enrolled in health may elect optional vision coverage.

F.S. 112.08, 112.1915, 440.491, 1012.26, 1012.61, 1012.65, 1012.74, 1012.798

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1430 - LEAVES OF ABSENCE

A leave of absence is permission granted by the School Board or allowed under its adopted policies, or under a

collective bargaining agreement, for an employee to be absent from duty for a specific period of time with the right to

return to employment upon the expiration of leave. Any absence of a member from duty shall be covered by leave duly

authorized and granted.

F.S. 1012.22, 1012.61, 1012.63, 1012.64, 1012.66, 1012.67

F.A.C. 6A-1.079, 6A-1.080

Adopted 12/9/09; Revised 6/29/10

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1430.01 - FMLA LEAVE

Qualifying Reasons for FMLA and Military Family Leave

In accordance with the Family and Medical Leave Act of 1993, as amended, ("FMLA"), eligible staff members may take

up to twelve (12) work weeks of job-protected, unpaid leave, or substitute appropriate paid leave if the staff member has

earned or accrued it, for the following reasons:

A. the birth and/or care of a newborn child of the staff member, within one (1) year of the child's birth;

B. the placement with the staff member of a child for adoption or foster care, within one (1) year of the

child's arrival;

C. the staff member is needed to provide physical and/or psychological care for a spouse, child, or

parent with a serious health condition;

D. the staff member's own serious health condition makes him/her unable to perform the functions of

his/her position; or

E. any qualifying exigency (as defined in applicable Federal regulations) arising out of the fact that the

staff member's spouse, son, daughter, or parent is a covered military member (i.e., a member of the

National Guard or Reserves, but not a member of the Regular Armed Forces) on active duty (or has

been notified of an impending call or order to active duty) in support of a contingency operation

("Qualifying Exigency Leave").

In addition, an eligible staff member who is a spouse, son, daughter, parent, or next of kin of a covered service member

with a serious injury or illness may take up to a total of twenty-six (26) work weeks of job-protected, unpaid leave, or

substitute appropriate paid leave if the staff member has earned or accrued it, during a "single twelve (12) month period"

to provide physical and/or psychological care for the covered service member ("Military Caregiver Leave"). A covered

service member is defined as a current member of the Armed Forces, including a member of the National Guard or

Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is

otherwise on the temporary disability retired list, for a serious injury or illness. Serious injury or illness for purposes of

Military Caregiver Leave is defined as an injury or illness incurred by a service member in the line of duty on active duty

that may render the service member medically unfit to perform the duties of his/her office, grade, rank, or rating. The

"single twelve (12) month period" for leave to care for a covered service member with a serious injury or illness begins

the first day the staff member takes leave for this reason and ends twelve (12) months later, regardless of the twelve

(12) month period established below for general FMLA leave. During the "single twelve (12) month period", an eligible

staff member is limited to a combined total of twenty-six (26) work weeks of unpaid leave for any FMLA-qualifying reason.

(Only twelve (12) of the twenty-six (26) work weeks total may be for a FMLA-qualifying reason other than to care for a

covered service member.)

Eligible Employees

Administrative staff members are "eligible" if they have worked for the School Board for at least twelve (12) months, and

for at least 1,250 hours over the twelve (12) months prior to the leave request. Months and hours that members of the

National Guard or Reserve would have worked if they had not been called up for military service counts towards the

staff member's eligibility for FMLA leave. While the twelve (12) months of employment need not be consecutive,

employment periods prior to a break in service of seven (7) years or more will not be counted unless the break is

occasioned by the staff member's fulfillment of his/her National Guard or Reserve military obligation, or a written

agreement exists concerning the Board's intention to rehire the staff member after the break in service.

Twelve (12) Month Period

Twelve (12) month period is defined as the twelve (12) month period commencing with the date of the initial leave.

Serious Health Condition

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Serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient

care or continuing treatment by a health care provider. As utilized in this policy, the term "incapacity" means an inability

to work, attend school, or perform other regular daily activities due to the serious health condition, treatment therefore,

or recovery therefrom. The term "treatment" includes (but is not limited to) examination to determine if a serious health

condition exists and evaluation of the condition. (Treatment does not include routine physical examinations, eye

examinations, or dental examinations.)

A. Inpatient care means an overnight stay in a hospital, hospice, or residential medical-care facility,

including any period of incapacity or subsequent treatment in connection with such inpatient care.

B. Continuing treatment by a healthcare provider, includes any one or more of the following: 1.)

"incapacity and treatment"; 2.) any incapacity related to pregnancy, or for prenatal care; 3.) any

incapacity or treatment for such incapacity due to a chronic serious health condition; 4.) a period of

incapacity that is permanent or long-term due to a condition for which treatment may not be effective

(e.g., Alzheimer's, a severe stroke, terminal stages of a disease); or 5.) any period of absence to

receive multiple treatments (including any period of recovery therefrom) by a health care provider or

by a provider of health care services under orders of, or on referral by, a health care provider for a.)

restorative surgery after an accident, or b.) other injury or a condition that would likely result in a

period of incapacity of more than three (3) consecutive, full calendar days in the absence of medical

intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical

therapy), or kidney disease (dialysis).

1. "Incapacity and treatment" involves a period of incapacity of more than three (3) consecutive,

full calendar days and any subsequent treatment or period of incapacity relating to the same

condition, that also involves a.) treatment two (2) or more times, within thirty (30) days of the

first day of incapacity, unless extenuating circumstances exist, by a healthcare provider, by

a nurse under direct supervision of a health care provider, or by a provider of health care

services (e.g., physical therapist) under orders of, or on referral by, a health care provider,

or b.) treatment by a health care provider on at least one (1) occasion that results in a

regimen of continuing treatment under the supervision of a health care provider.

a. Treatment by a health care provider as referenced above involves an in-person visit

to a health care provider. The first (or only) in-person treatment visit must take place

within seven (7) days of the first day of incapacity. The health care provider is

responsible for determining whether additional treatment visits or a regimen of

continuing treatment is necessary within the thirty (30) day period.

b. Regimen of continuing treatment includes a course of prescription medication (e.g.

antibiotics), or therapy requiring special equipment to resolve or alleviate the health

condition (e.g. oxygen).

c. A regimen of continuing treatment that includes the taking of over-the-counter

medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids,

exercise, and other similar activities that can be initiated without a visit to a health

care provider, is not, by itself, sufficient to constitute a regimen of continuing

treatment for purposes of FMLA leave.

2. A period of incapacity related to pregnancy need not involve a visit to the health care provider

for each absence, and the absence need not last more than three (3) consecutive, full

calendar days.

3. A chronic serious health condition is one that: a.) requires periodic visits (i.e., at least twice

a year) for treatment by a health care provider, or by a nurse under direct supervision of a

health care provider; b.) continues over an extended period of time (including recurring

episodes of a single underlying condition); and c.) may cause episodic rather than a

continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). A visit to a health

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care provider is not necessary for each absence, and each absence need not last more than

three (3) consecutive, full calendar days.

4. With regard to permanent or long-term conditions, the employee or family member must be

under the continuing supervision of, but need not be receiving active treatment by, a health

care provider.

C. Conditions for which cosmetic treatment are administered (e.g., most treatments for acne or plastic

surgery) are not "serious health conditions" unless inpatient hospital care is required or complications

develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset

stomachs, minor ulcers, headaches other than migraines, routine dental or orthodontia problems,

periodontal disease, etc., are conditions that do not meet the definition of a serious health condition

and do not qualify for FMLA leave.

Intermittent and Reduced Schedule Leave

The Superintendent may allow a staff member to take FMLA leave intermittently (i.e., leave in separate blocks of time

for a single qualifying reason) or on a reduced leave schedule (i.e., reducing the employee's usual weekly or daily work

schedule) for reason (A) or (B) on page one. A staff member is entitled to take FMLA leave on an intermittent or reduced

schedule leave when medically necessary as indicated in reasons (C) and (D) on page one. A staff member may also

take FMLA leave on an intermittent or reduced-leave schedule for Qualifying Exigency Leave (i.e., reason (E) on page

one). Finally, Military Caregiver Leave may be taken on an intermittent or reduced schedule leave when medically

necessary. Regardless, the taking of FMLA leave intermittently or on a reduced schedule leave results in the total

reduction of the twelve (12) or twenty-six (26) weeks only by the amount of leave actually taken. If the intermittent or

reduced schedule leave is foreseeable based on planned medical treatment for the employee, a family member, or a

covered service member, the Superintendent may require the staff member to transfer temporarily, during the period the

intermittent or reduced schedule leave is required, to an available alternative position for which the staff member is

qualified and which better accommodates recurring periods of leave than the staff member's regular position. The

alternative position shall have equivalent pay and benefits but not necessarily equivalent duties. The Superintendent

may also transfer the staff member to a part-time job with the same hourly rate of pay and benefits, provided the staff

member is not required to take more leave than is medically necessary. Administrative staff members who request

intermittent leave or a reduced schedule leave because of reasons (C) or (D) on page one or pursuant to Military

Caregiver Leave and the leave would exceed twenty percent (20%) of the total number of working days over the period

of anticipated leave must elect either to:

A. take leave for a period or periods of a particular duration, not greater than the duration of the planned

treatment; or

B. transfer temporarily to an available alternative position offered by the Superintendent for which the

administrative staff member is qualified, and that has equivalent pay and benefits and that better

accommodates the recurring periods of leave than the staff member's regular position.

When leave is needed for planned medical treatment, the staff member must make a reasonable effort to schedule the

treatment so as not to unduly disrupt the District's operations, subject to the approval of the health care provider.

If the Superintendent agrees to permit FMLA leave intermittently or on a reduced schedule leave for reason (A) or (B)

on page one, the Board may also require the staff member to transfer temporarily, during the period the intermittent or

reduced schedule leave is required, to an available alternative position for which the staff member is qualified and which

better accommodates recurring periods of leave then does the staff member's regular position.

Staff Member Notice Requirements

Staff members seeking to use FMLA leave (including Military Caregiver Leave) are required to provide thirty (30) day's

advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable. If leave is

foreseeable less than thirty (30) days in advance, the staff member must provide notice as soon as practicable -

generally, either the same or next business day. When the need for leave is not foreseeable, the staff member must

provide notice as soon as practicable under the facts and circumstances of the particular case. Absent unusual

circumstances, staff members must comply with the Board's usual and customary notice and procedural requirements

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for requesting leave. Failure to provide timely notice may result in the leave being delayed or denied, and/or possible

disciplinary action.

Staff members must provide "sufficient information" for the Superintendent to determine whether the FMLA may apply

to the leave request. Depending on the situation, such information may include that the employee is incapacitated due

to pregnancy, has been hospitalized overnight, is unable to perform the functions of the job, that the staff member or

his/her qualifying family member is under the continuing care of a health care provider, that the requested leave is for a

particular qualifying exigency related to the active duty or call to active duty status of a covered military member, or that

the leave due to a qualifying family member who is a covered service member with a serious injury or illness. The

information may also include the anticipated timing and duration of the leave.

When a staff member seeks leave for a FMLA-qualifying reason for the first time, the staff member need not expressly

assert FMLA rights or even mention the FMLA. When an employee seeks leave, however, due to a FMLA-qualifying

reason for which the District has previously provided the staff member FMLA-protected leave, the staff member must

specifically reference either the qualifying reason for leave or the need for FMLA leave.

Use of Paid Leave

Employees shall be required to use (i.e., run concurrently) any of his/her earned or accrued paid leave except that

employees may hold up to ten (10) days of paid leave in reserve. The staff member is always entitled to unpaid FMLA

leave if s/he does not meet the Board's conditions for taking paid leave. On occasion the Board may waive any

procedural requirements for the taking of any type of paid leave.

If the staff member has not earned or accrued adequate paid leave to encompass the entire twelve (12) work week

period of FMLA leave or twenty-six (26) work week period of Military Caregiver Leave, the additional weeks of leave to

obtain the twelve (12) work weeks of FMLA leave or twenty-six (26) works weeks of Military Caregiver Leave the staff

member is entitled to shall be unpaid. Whenever a staff member uses paid leave in substitution for unpaid FMLA

leave/Military Caregiver Leave, such leave counts toward the twelve (12) work week/twenty-six (26) work week maximum

leave allowance provided by this policy and Federal law.

District Notice Requirements

The Superintendent is directed to post the Department of Labor approved Notice explaining employees' rights and

responsibilities under the FMLA. Additionally, this general notice shall be included in written guidance to staff members

concerning benefits or leave rights or, in the alternative, distributed to each new staff member upon hiring.

When a staff member requests FMLA leave or the District acquires knowledge that leave may be for a FMLA purpose,

the Superintendent shall notify the staff member of his/her eligibility to take leave, and inform the staff member of his/her

rights and responsibilities under the FMLA (including the consequences of failing to meet those obligations). Along with

the Notice of Rights and Responsibilities, the Superintendent will attach any medical certification that may be required,

and a copy of the employee's essential job functions. If Superintendent determines the staff member is not eligible for

FMLA leave, the Superintendent must state at least one (1) reason why the staff member is not eligible. Such notice

may be given orally or in writing and should be given within five (5) business days of the request for FMLA leave, absent

extenuating circumstances. When oral notice is given, it must be followed by written notice within five (5) business days.

Staff member eligibility is determined (and notice provided) at the commencement of the first instance of leave for each

FMLA-qualifying reason in the applicable twelve (12) month period. All FMLA absences for the same qualifying reason

are considered a single leave and staff member eligibility as to that reason for leave does not change during the

applicable twelve (12) month period. If at the time a staff member provides notice of a subsequent need for FMLA leave

during the applicable twelve (12) month period due to a different FMLA-qualifying reason and the staff member's eligibility

status has not changed, no additional eligibility notice is required. If, however, the staff member's eligibility status has

changed, the Superintendent must notify the staff member of the change in eligibility status within five (5) business days,

absent extenuating circumstances.

If the specific information provided by the Notice of Rights and Responsibilities changes, the Superintendent shall, within

five (5) business days of receipt of the staff member's first notice of need for leave subsequent to any changes, provide

written notice referencing the prior notice and setting forth any of the information in the Notice of Rights and

Responsibilities that has changed.

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When the Superintendent has sufficient information to determine that leave is being taken for a FMLA-qualifying reason

(e.g. after receiving certification), the Superintendent shall notify the staff member whether the leave will be designated

and counted as FMLA leave. Leave that qualifies as both Military Caregiver Leave and leave to care for a qualifying

family member with a serious health condition (i.e. reason (C)) must be considered as Military Caregiver Leave in the

first instance. This designation must be in writing and must be given within five (5) business days of the determination,

absent extenuating circumstances. Additionally, when appropriate, the Superintendent shall notify the staff member of

the number of hours, days and weeks that will be counted against the employee’s FMLA entitlement, and whether the

employee will be required to provide a fitness-for-duty certification to return to work.

Only one Designation Notice is required for each FMLA-qualifying reason per applicable twelve (12) month period,

regardless of whether the leave taken due to the qualifying reason will be a continuous block of leave or as intermittent

or on a reduced schedule leave. If the Superintendent determines the leave will not be designated as FMLA-qualifying

(e.g. if the leave is not for a reason covered by the FMLA or the staff member’s FMLA leave entitlement has been

exhausted), the Superintendent shall notify the staff member of that determination. If the staff member is required to

substitute paid leave for unpaid FMLA leave, or if paid leave taken under an existing leave plan is being counted as

FMLA leave, the “Designation Notice” shall include this information. Additionally, the “Designation Notice” shall notify

the staff member if s/he is required to present a fitness-for-duty certification to be restored to employment. Further, if

the fitness-for-duty certification is required to address the staff member’s ability to perform the essential functions of

his/her job, that will be indicated on the Designation Notice, and a list of the essential functions of the staff member’s

position will be included.

If the information provided to the staff member in the Designation Notice changes, the Superintendent shall provide,

within five (5) business days of receipt of the staff member’s first notice of need for leave subsequent to any change,

written notice of the change.

In the case of intermittent or reduced-leave schedule leave, only one such notice is required unless the circumstances

regarding the leave have changed.

Limits on FMLA When Both Spouses are Employed by the Board

When an eligible husband and wife are both employed by the Board, they are limited to a combined total of twelve (12)

workweeks of FMLA leave during any twelve (12) month period if the leave is taken for reason (A) or (B) on page one,

or to care for the staff member’s parent who has a serious health condition.

Where the husband and wife both use a portion of the total twelve (12) week FMLA leave entitlement for reason (A) or

(B) on page, or to care for a parent, the husband and wife are each entitled to the difference between the amount s/he

has taken individually and the twelve (12) weeks of FMLA leave for other purposes.

When an eligible husband and wife are both employed by the Board, they are limited to a combined total of twenty-six

(26) workweeks of Military Caregiver Leave during the “single twelve (12) month period” if the leave is taken for reason

(A) or (B) on page one, or to care for the staff member’s parent who has a serious health condition, or to care for a

covered service member with a serious injury or illness.

Certification

When FMLA leave is taken for either reason (C) or (D) on page one, the staff member must provide medical certification

from the health care provider of the eligible staff member or his/her immediate family member. The staff member may

either:

A. submit the completed medical certification to the Superintendent; or

B. direct the health care provider to transfer the completed medical certification directly to the

Superintendent, which will generally require the staff member to furnish the health care provider with

a HIPAA-compliant authorization.

If the staff member fails to provide appropriate medical certification, any leave taken by the employee shall not constitute

FMLA leave.

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When the need for FMLA leave is foreseeable and at least thirty (30) days notice has been provided, the staff member

must provide the medical certification before the leave begins. When this is not possible, the employee must provide

the requested certification to the Superintendent within fifteen (15) calendar days after the staff member requests FMLA

leave unless it is not practicable under the circumstances to do so despite the staff member's diligent and good faith

efforts.

The Board reserves the right to require second or third opinions (at the Board's expense), and periodic recertification of

a serious health condition. If a third opinion is sought, that opinion shall be binding and final. The staff member may

either:

A. submit the opinion of the second health care provider, and the opinion of the third health care provider

if applicable, to the Superintendent; or

B. direct the second or third health care provider to transfer his/her opinion directly to the

Superintendent, which will generally require the staff member to furnish the health care provider with

a HIPAA-compliant authorization.

In the event that the staff member fails to provide the medical opinion of the second or third healthcare provider, if

applicable, any leave taken by the staff member shall not constitute FMLA leave.

Recertification

Recertification may be required no more often than every thirty (30) days in connection with an absence by the staff

member unless the condition will last for more than thirty (30) days. For conditions that are certified as having a minimum

duration of more than thirty (30) days, the District will not request recertification until the specified period has passed,

except that in all cases the staff member must submit recertification every six (6) months in connection with an absence

by the employee. Additionally, the Superintendent may require a staff member to provide recertification in less than

thirty (30) days if the staff member requests an extension of leave, the circumstances described in the previous

certification have changed significantly, or if the District receives information that casts doubt upon the staff member’s

stated reason for the absence or the continuing validity of the certification. Finally, staff members must provide a new

medical certification each leave year for medical conditions that last longer than one (1) year.

Staff members requesting Qualifying Exigency Leave are required to submit to the Superintendent a copy of the covered

military member’s active duty orders and certification providing the appropriate facts related to the particular qualifying

exigency for which leave is sought, including contact information if the leave involves meeting with a third party.

Staff members requesting Military Caregiver Leave are required to submit to the Superintendent certification completed

by an authorized health care provider or a copy of an Invitational Travel Order (ITO) or Invitational Travel Authorization

(ITA) issued to any member of the covered service member’s family.

The Board authorizes its health care provider to authenticate or clarify a medical certification of a serious health

condition, or an ITO or ITA (i.e. medical certification provided for reasons (C) or (D) on page one or Military Caregiver

Leave). Additionally, the Superintendent is authorized to contact the individual or entity named in the Qualified Exigency

Leave certification for purposes of verifying the existence and nature of the meeting.

A staff member who takes leave for reason (D) on page one, prior to returning to work, must provide the Superintendent

with a fitness-for-duty certification that specifically addresses the staff member's ability to perform the essential functions

of his/her job. The fitness-for-duty certification shall only apply to the particular health condition that caused the staff

member's need for FMLA leave. If reasonable safety concerns exist, the Superintendent may, under certain

circumstances, require a staff member to submit a fitness-for-duty certification before s/he returns to work from

intermittent FMLA leave. The cost of the certification shall be borne by the staff member.

Job Restoration & Maintenance of Health Benefits

Upon return from FMLA leave, the Board shall restore the staff member to his/her former position, or to an equivalent

position with equivalent pay, benefits, and other terms and conditions of employment. During FMLA leave, the Board

shall maintain the staff member’s current coverage under the Board’s group health insurance program on the same

conditions as coverage would have been provided if the staff member had been continuously working during the leave

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period. If the staff member was paying all or part of the premium payments prior to going on FMLA leave, the staff

member must continue to pay his/her share during the leave.

Any leave or return from leave during the last five (5) weeks of an academic term shall be reviewed individually by the

Superintendent to minimize disruption to the students' program.

The staff member shall not accrue any sick leave, vacation, or other benefits during a period of unpaid FMLA leave.

The use of FMLA leave shall not result in the loss of any employment benefit that the staff member earned or was entitled

to before using FMLA leave, nor shall it be counted against the staff member under a no fault attendance policy. If a

bonus or other payment, however, is based on the achievement of a specified goal such as hours worked or perfect

attendance, and the employee does not meet the goal due to FMLA leave, payment shall be denied unless it is paid to

an employee on equivalent leave status for a reason that does not qualify as FMLA leave.

A staff member shall have no greater right to restoration or to other benefits and conditions of employment than if the

employee had been continuously employed.

If the staff member fails to return to work at the end of the leave for reasons other than the continuation, recurrence, or

onset of a serious health condition that entitle the staff member to leave pursuant to reasons (C) or (D) on page one or

Military Caregiver Leave, or for circumstances beyond the control of the staff member, the staff member shall reimburse

the Board for the health insurance premiums paid by the Board during the unpaid FMLA leave period.

Generally, a staff member may not be required to take more FMLA leave than necessary to resolve the circumstance

that precipitated the need for leave.

A staff member who fraudulently obtains FMLA leave is not protected by this policy's job restoration or maintenance of

health benefits provisions.

The Superintendent shall prepare any procedures that are appropriate for this policy and ensure that the policy is posted

properly.

Copies of this policy shall be available to staff members upon request.

F.S. 110.221, 1012.61

29 U.S.C. 2601 et seq. (as amended)

29 C.F.R. Part 825

45 C.F.R. Part 160, 164

Adopted 12/9/09; Revised 6/29/10

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1430.02 – SICK LEAVE

Each full-time administrative employee who is unable to perform job duties because of illness or because of illness or

death of father, mother, brother, sister, spouse, child or other close relative or member of the employee’s own household

and consequently has to be absent from work shall be granted leave of absence for sickness by the Superintendent (or

designee). An employee taking such leave shall notify the appropriate supervisor and file a certificate of absence before

beginning the leave, if possible. In an emergency, the certificate of absence may be filed immediately following return to

duty. Such leave shall be in increments of one-half or full days.

Accumulation of Sick Leave

Each administrative employee shall be credited with four (4) days of sick leave at the end of the first month of employment

of each contract year and shall thereafter be credited for one (l) day of sick leave for each month of employment, which

shall be credited to the employee at the end of the month and which may not be used before it is earned and credited to

the employee. However, each administrative employee is entitled to earn no more than one (l) day of sick leave times

the number of months of employment during the year of employment. If the employee terminates employment or

otherwise enters an unpaid leave status and has not earned sick leave days, the Board shall withhold the average daily

amount for any sick days used but unearned by the employee. Such leave shall be taken only when necessary because

of sickness as herein prescribed. Such sick leave shall be cumulative from year to year. There shall be no limit on the

number of days of sick leave which an employee may accrue, except that at least one-half of this cumulative leave must

be established within this district. Subject to the limitation set forth in the previous sentence, sick leave may be transferred

from another Florida school district upon request of the employee.

Sick Leave Bank

The Superintendent is authorized to establish procedures for all District employees to participate in a sick leave bank.

Transfer of Sick Leave Among Family Members

Under the following procedures, District employees may authorize their spouse, child, parent, or sibling who is also a

District employee, to use sick leave that has accrued to the authorizing employee.

A. The recipient must have used all of his/her personal accumulation of sick leave and vacation leave, if applicable.

B. Maximum transfer for any one (1) illness, injury, or complications arising thereof shall be thirty (30) days per

school year.

C. Days used may not result in double compensation when combined with other benefits such as workers'

compensation or tort damage awards.

D. The recipient and the donor must complete the appropriate form from the personnel office.

E. The personnel administrator approving the form may require documentation of the recipient's relationship to the

authorizing employee.

F. Leave transferred pursuant to this policy shall have no terminal value.

Terminal Pay

Terminal pay shall be granted to an employee at retirement or to the employee’s estate if service is terminated by

death. All employees who are in D.R.O.P. have a portion of their unused sick leave paid, in accordance with IRS Rules

and Regulations, to the District’s 401(a) program administered by Bencor, at the end of each plan year (July). Terminal

pay for employees who have worked or are working in federally funded programs may be paid from such federal funds

on a pro-rata basis to the extent allowed by law.

A. "Retirement" shall mean eligibility for retirement benefits under the Florida Retirement System (FRS),

the Teachers Retirement System (TRS), or the State and County Officers and Employees' Retirement

Systems (SCOERS) at normal retirement or disability retirement as provided by law. Evidence of service

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retirement shall be determined by a signed copy of the "Application for Service Retirement." Evidence

of disability retirement shall be determined by a statement of disability from the retirement office.

Payment for such terminal pay benefits shall be as follows:

1. Subsequent to six (6) years of service in the Pinellas County School System, the employee

shall receive forty percent (40%) of the accrued sick leave;

2. subsequent to ten (10) years of service, sixty-five percent (65%);

3. subsequent to fifteen (15) years of service, seventy percent (70%);

4. subsequent to twenty (20) years, eighty percent (80%);

5. subsequent to twenty-five (25) years, ninety percent (90%);

6. subsequent to thirty (30) years, one hundred percent (100%).

B. Completion of the D.R.O.P.

An employee participating in the D.R.O.P. shall receive payment at completion of the D.R.O.P. and

separation from employment with the district, according to the schedule established in section (A),

above.

C. Termination by Death:

The employee's estate shall receive payment based upon the following formula:

1. During the first three (3) years of service, the daily rate of pay shall be multiplied by thirty-five

percent (35%) times the number of accumulated sick leave days;

2. During the next three (3) years of service, the daily rate of pay shall be multiplied by forty percent

(40%) times the number of accumulated sick leave days;

3. During the next three (3) years of service, the daily rate of pay shall be multiplied by forty-five

percent (45%) times the number of accumulated sick leave days;

4. During and after the tenth year of service, the daily rate of pay shall be multiplied by fifty percent

(50%) times the number of accumulated sick leave days;

5. Subsequent to thirteen (13) years of service, the daily rate of pay shall be computed using the

percentages applicable if the employee had retired.

Adopted 6/29/10

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1430.03 – MILITARY LEAVE

Military leave with pay may be granted an employee when the request is supported by a copy of the military orders, up

to seventeen (17) days per school year to perform military service. Such leave is not charged as vacation. It shall be

established that the period selected is not at the convenience of the employee but a military necessity, if it falls within

the school year. An employee called to active military service shall receive full pay for the first thirty (30) days of military

leave, and the remainder of such leave shall be without pay. After two years of leave, the employee must apply for

reemployment within one year after date of discharge, and the school system shall have six months after application in

which to reassign the employee. An employee shall not suffer loss of pay and benefits if called to active military service

during periods of national emergency or wartime service that extend beyond the thirty day limit and the following

provisions will apply:

A. If the employee's combined military salary and benefits is less than that received while working for the School

Board, the Board will pay the difference in this amount in an effort to make whole any employee who must forfeit

some portion of his or her salary and benefits as a School Board employee during service in the United States

military.

B. This "hold harmless" provision shall apply only during the specified period of time during which the employee is

scheduled to work for the Board but required to serve on active duty as defined by his or her official military

orders.

Adopted 6/29/10

1430.04 – PERSONAL LEAVE WITH PAY

Four (4) days leave per year, non-cumulative and chargeable to sick leave, may be used for personal reasons. An

employee taking such leave shall notify the appropriate supervisor and file a certificate of absence before beginning the

leave, if possible. In an emergency, the certificate of absence may be filed immediately following return to duty. Such

leave shall be in increments of one-half or full days.

Adopted 6/29/10

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1430.05 – LEAVE WITH PAY - ILLNESS OR INJURY INCURRED IN THE PERFORMANCE OF

DUTY

Leave with pay for illness or injury incurred in the performance of duty shall be provided in accordance with Florida

Statute and according to the following:

A. Any employee who must be absent from duty due to illness or injury received in the performance of

duties certified by an authorized workers compensation physician shall be entitled to accident/illness in

line of duty leave.

B. Such leave shall be authorized for a period not to exceed ten (10) days and shall be applicable only to

the year during which the accident/illness occurred.

C. Pay will be at the employee's established rate of pay and in accordance with the provisions of

Policy

1420. Such authorized leave shall not be deducted from the employee's accumulated sick leave.

F.S. 1012.63

Adopted 6/29/10

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1430.06 – VACATION

The Board recognizes vacation for twelve month personnel as important to individual health and family stability. Except

as provided for in approved labor agreements, all twelve month personnel shall be eligible for vacation based on service

in a twelve-month position in the school system. Accrual of vacation shall begin on the most recent date of appointment

to a twelve month assignment in accordance with the formula below. Vacation accrual shall not be applicable to service

rendered in prior assignments which were of less than twelve-months duration and shall be computed using the following

formula:

A. One (1) work day per month (twelve days per year) for employees who have been employed for five

years or less;

B. One and one-fourth (1 1/4) days per month (fifteen days per year) for employees who have been

employed for more than five years;

C. One and one-half (1 1/2) days per month (eighteen days per year) for employees who have been

employed for more than ten years;

Holidays, as recommended by the calendar committee and approved by the Board, shall not be charged as vacation.

In no case shall an employee be permitted to accrue more than sixty-two (62) days of unused vacation.

Employees shall be encouraged to utilize earned vacation. All accrued vacation shall be utilized in accordance with

established procedures.

Accrued vacation leave shall be paid to employees upon retirement, or to the employee's beneficiary if service is

terminated by death. The Board authorizes payment for accrued vacation, or for portions thereof, to employees who

terminate, or whose contractual status no longer entitles them to accrued vacation, unless the Superintendent

determines that good cause exists for denying such payment, or portion thereof.

Terminal pay for accrued vacation leave, including leave accrued during Deferred Retirement Option Program

(D.R.O.P.), may not exceed a maximum of 60 days of actual payment.

Twelve month personnel employed in the schools shall be expected to take their vacations while students are not in

session.

Consistent with Board policy, payment for accrued vacation shall be based upon the employee's daily rate of pay at the

time of termination or death multiplied by the number of days of accrued vacation.

Such leave shall be in increments of one-half or full days.

Adopted 6/29/10

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1430.07 – SHORT/LONG TERM LEAVES

A leave is permission for an employee to be absent from duties for a specified time, and includes the right and

responsibility to return to work at the end of this time. An employee who is absent without such permission or fails to

return when the leave expires may be dismissed.

For qualified FMLA leaves refer to policy 1430.01

A request for leave shall be completed by the employee on a Board-approved form, clearly stating the reasons for the

absence. Leave granted for one reason but used for another without authorization of the Superintendent’s designee may

be grounds for dismissal.

Leaves shall be divided into two (2) categories:

A. Short term leaves, usually granted for periods from ten (10) to thirty (30) working days;

B. Long term leaves, more than thirty days (30) working days usually granted for a semester, the entire school

year, or the remainder of the school year.

Short Term Leaves:

These shall be approved by the Superintendent’s designee:

A. Personal leave without pay may be granted for reasons approved by the Superintendent’s designee.

B. Pre-and post-school leave: Professional leave with pay shall be granted during pre-and post-school periods for

attendance at summer sessions of colleges and universities. Reasonable travel time shall also be allowed if

such leaves do not interfere with the applicant's teaching duties. No leave of absence shall be granted for both

pre- and post-school periods during the same summer, except that leave may be granted when an applicant

may need to attend two (2) sessions of school to complete work for a degree. Professional leave for preschool

shall not be granted teachers new to Pinellas County. Such leave shall be limited to a maximum of ten (10) days

for ten (10), ten and one-half (10-1/2), and eleven (11) month personnel. Eleven (11) month personnel shall

receive these days during the time that students are not in attendance. To the extent provided by law, twelve

(12) month employees shall be granted professional leave with pay for attendance at summer sessions of

college for a period up to three (3) weeks provided that suitable arrangements can be made for the performance

of their duties. This may be cumulative for a second year. Not more than six (6) weeks leave shall be granted in

the same year. Employees shall be expected to furnish the personnel department with evidence that the leave

was used for the stated purpose.

C. Returning employees who, because of illness or accident are unable to report for duty at the beginning of the

school year, may utilize any accumulated sick leave.

D. An employee may be required to present a certificate of illness from a licensed physician upon request of the

Superintendent’s designee.

Long Term Leaves:

A. Leave without pay may be granted for a period not exceeding one (l) year. No leave, except military leave, shall

be granted to an employee unless one (l) full year of satisfactory service immediately preceding the request has

been completed and the employee has been recommended for reappointment for the succeeding year. Long

term leaves shall be approved by the Superintendent (or designee) and the Board.

B. No more than two (2) consecutive long term leaves for any reason shall be approved. Employees who have

been granted two (2) consecutive leaves shall be required to serve not less than one-half (1/2) the number of

required duty days for a school year following return to duty before being eligible for another leave.

C. Under some circumstances time spent on leave may count toward retirement if contributions are continued and

if other requirements of the retirement system are met.

District Bylaws and Policy- Pinellas County Schools - Page 112 of 695

D. Upon return to duty an employee who has been on professional leave shall be placed on the same salary step

as would have been applicable had the employee not been on leave. However, in the event of successive leaves,

not more than one (l) such salary increment shall be granted within a five (5) year period. Experience credit shall

be determined prior to granting the leave if the Board affirms that the leave will be beneficial to accomplishing

the district's objectives.

E. Employees on leave shall notify the personnel office by March 15 of their intention to return to their positions,

resign, or request another leave. Employees granted leave after February 15 must notify the personnel

department in writing within thirty (30) days after the date when leave was granted of their intention to return,

resign, or request another leave for the following year.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

Adopted 6/29/10

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1431 - ABSENCE OF ADMINISTRATORS

Administrators shall notify the Superintendent or immediate supervisor when it is necessary that they be away from the

worksite for a day or more. They shall leave a responsible member of the staff in charge. The name of the person left

in charge shall be submitted to their immediate supervisor of the absent administrator at the time of notification.

1440 - JOB-RELATED EXPENSES

The School Board may provide for the payment of the actual and necessary expenses of any administrator of the District

that are incurred in the course of performing services for the District, under the direction of the Board, and in accordance

with Policy 6550

, Travel and Per Diem, and any applicable Superintendent's administrative procedures.

F.S. 112.061

1550 - COMPLAINTS AGAINST ADMINISTRATIVE STAFF

Any complaint against an administrator by a School Board member, or which comes to the attention of the Board (except

through the Superintendent) shall be referred to the Superintendent for appropriate action.

F.S. 1012.795, 1012.796

1590 - PERSONNEL FILE

(1) It is necessary for the orderly operation of the School District to maintain an information system for the retention of

appropriate personnel files.

(2) The term personnel file shall be defined as all records, information, data, or materials maintained by a public school

system, in any form or retrieval system whatsoever, with respect to any of its employees, which are uniquely applicable

to that employee, whether maintained in one (1) or more locations.

(3) Pursuant to state law, the resignation or termination of an employee before an investigation of alleged misconduct

by the employee affecting the health, safety, or welfare of a student is concluded must be clearly indicated in the

employee's personnel file.

(4) The personnel files shall be administered pursuant to the provisions of F.S. 1012.31.

F.S. 119.01 et seq., 1012.31

Adopted 12/9/09; Revised 7/26/11, 1/15/19

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1600 - JOB DESCRIPTIONS

(1) Job descriptions document and describe the prescribed qualifications for and essential functions of each

administrative staff position and thereby promote organizational effectiveness and efficiency.

(2) The School Board shall act upon written recommendations submitted by the Superintendent to create new positions.

The recommendations shall include the job title, pay grade, minimum qualifications, and major functions for these

positions. The Superintendent may find it necessary to revise duties and responsibilities, which may be done without

Board action. Revisions to job titles, pay grades, minimum qualifications, and major functions shall require Board action.

(3) Once a position has been established or the job description revised, each staff member employed in the position

shall be made aware of the details of the job description.

F.S. 1012.23, 1012.27

Adopted 12/9/09; Revised 7/27/10; 7/26/11

2105 - MISSION OF THE DISTRICT

VISION

100% Student Success.

MISSION

Educate and prepare each student for college/career and life.

SCOPE OF THE SCHOOL DISTRICT

The School Board is the governing body of the District and is responsible for the control, operation, organization,

management, and administration of schools in Pinellas County pursuant to the provisions and minimum standards

prescribed by Florida statutes and State Board of Education Rules. The Board may exercise any power except as

expressly prohibited by the State Constitution or general law.

The District is part of the State system of public education and includes all public schools, classes, and courses of

instruction and all services and activities directly related to education in the District which are under the District officials’

directions.

The Board is a corporate body whose official title is "The School Board of Pinellas County, Florida". The Board also does

business as "Pinellas County Schools", "Pinellas County School Board", "Pinellas County School District" or "School

Board of Pinellas County".

F.S. 1000.03, 1001.41

Adopted 12/9/09; Revised 9/14/10

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2110 – DISTRICT STRATEGIC PLAN

Annually, in conjunction with the development, approval and adoption of the District budget, the Superintendent will

submit for School Board approval a District Strategic Plan containing clear goals for the forthcoming school year. The

goals of the District Strategic Plan, derived from strategic directions, are the focus and driving force for the district. All

decision-making, planning, resource allocations, and other activities affecting the plan year and beyond shall support

these goals and action plans.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

Adopted 12/9/09; Revised 9/14/10, 6/12/12, 9/24/13

District Bylaws and Policy- Pinellas County Schools - Page 116 of 695

2111 - PARENT INVOLVEMENT IN THE SCHOOL PROGRAM

Highest Student Achievement

The District is committed to setting high expectations that result in highest student achievement and believes that:

A. Collaborative working partnerships with families are critical to attaining highest student achievement

for all students.

B. Higher academic achievement results when family members are actively engaged in supporting

education.

C. Involving families in the teaching and learning system is a strong indicator of student academic

success.

Parents’ Responsibilities

"Parent" is either or both parents of a student, any guardian of the student, any person in a parental relationship to a

student, or any person exercising supervisory authority over a student in place of the parent. Together with the parental

responsibilities detailed in the Code of Student Conduct, the District believes that:

A. In order for students to achieve at the highest level, parents must provide a climate in the home that

supports education, set high expectations for student learning and behavior, and be involved in their

children’s education.

B. Students whose parents are involved in the above manner have better grades, higher test scores

and better attendance.

C. Regardless of socio-economic status, ethnic/racial background or education level, when parents are

involved in their children’s educational process, students achieve more.

D. When parents and teachers collaborate there are higher expectations for the student's success.

E. There are significant benefits for learners when parents of students at all ages and all grade levels

are directly involved with their education.

School’s Responsibilities

The District believes that:

A. Parent and family involvement is a critical component of an effective school. It is not a substitute for

high quality educational programs, effective instruction or systemic research-based school

improvement.

B. Parents contribute most effectively to improved student achievement and school effectiveness when

they are treated as equal partners and given needed information in a timely manner.

C. Schools that work well with families improve teacher morale and engender more teacher support by

parents.

D. When parents receive frequent and effective communication from a school, their attitude about the

school is more positive and their involvement increases. A school’s practices to inform and involve

parents are strong determinants in the frequency and quality of parent involvement.

E. There are many different ways for schools to involve parents in their child’s education. To have long-

lasting results, parent and family involvement activities must be planned, continuous, inclusive and

comprehensive.

F.S. 1000.21(5), 1000.42, 1002.23

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2111.01 - PARENT PARTICIPATION IN TITLE I PROGRAMS

In accordance with the requirement of Section 1118 of Title I, programs supported by Title I funds must be designed and

implemented in consultation with parents of the students being served. Federal funds may be used to purchase food to

support parent training and meetings when Federal program guidelines permit such use.

The Superintendent shall ensure that each school's Title I plan contains a written statement of procedures which has

been developed with, approved by, and distributed to parents of participating students. The procedures shall describe

how:

A. the District/school expects the parents to be involved in the program, including their participation in

the development of the plan;

B. meetings will be conducted with parents including provision for flexible scheduling and whatever

assistance the District/school may be able to provide parents in order to better ensure their

attendance at meetings, and for providing information in a language the parents can understand;

C. meetings will include review and explanation of the curriculum, means of assessment, and the

proficiency levels students are expected to achieve and maintain;

D. opportunities will be provided to parents to formulate suggestions, interact and share experiences

with other parents, and participate appropriately in the decision-making about the program and

revisions in the plan;

E. parents will be involved in the planning, review, and improvement of the Title I program;

F. information concerning school performance profiles and their child's individual performance will be

communicated to parents;

G. parents will be assisted in providing help to their children in achieving the objectives of the program

by such means as ensuring regular attendance, monitoring television-watching, providing adequate

time, and the proper environment for homework; guiding nutritional and health practices, and the

like;

H. timely responses will be given to parental questions, concerns, and recommendations;

I. the District will provide coordination, technical assistance, and other support necessary to assist Title

I schools to develop effective parental participation activities to improve academic achievement;

J. an annual evaluation of the parental involvement plan will be conducted with parents, identifying any

barriers to greater parental involvement (such as limited English, limited literacy, economic

disadvantage, disability, etc.) and devising strategies to improve parental involvement;

K. the parental involvement plan will be coordinated with other programs, such as Head Start, Reading

First, Even Start, Parents as Teachers, and Home Instruction for Preschool Youngsters;

L. other activities will be conducted as appropriate to the plan and State or Federal requirements.

The Superintendent shall also assure that each Title I participating school develops a specific plan, with parental

involvement, to:

A. convene an annual meeting at a convenient time to which parents of participating children are invited,

to explain the parents' rights to be involved and the schools obligations to develop an involvement

plan;

District Bylaws and Policy- Pinellas County Schools - Page 118 of 695

B. devise a flexible meeting schedule and describe assistance to encourage parental involvement, such

as child care, transportation, home visits, or similar aid;

C. involve parents in an organized, on-going, and timely way in the development, review, and

improvement of parent involvement activities;

D. provide participating students' parents with:

1. timely information about the Title I programs;

2. an explanation of the curriculum, the forms or academic assessment, and the proficiency

levels expected;

3. regular meetings, upon request, to make suggestions and receive response regarding their

student's education;

E. develop jointly with parents a school-parent compact which outlines the responsibilities of the school

staff, the parents, and the student for academic improvement, including:

1. the school's responsibility to provide high quality curriculum, and instruction in a supportive,

effective learning environment;

2. parent's responsibility for such things as monitoring attendance, homework, extra-curricular

activities and excessive television-watching; volunteering in the classroom;

3. the importance of parent teacher communication at least annually; parent teacher

conferences to discuss achievement and the compact; frequent progress reports to the

parents; and reasonable access to the staff and to observe and participate in classroom

activities.

20 U.S.C. 6318 et seq., Elementary and Secondary Education Act of 1965

34 C.F.R. Part 200 et seq.

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2111.02 - FAMILY AND SCHOOL PARTNERSHIP FOR STUDENT ACHIEVEMENT

Parent/Family Involvement (see also Policy 2111 - Parent Involvement in the School Program)

The School Board recognizes that a child's education is a responsibility shared by the school and family. To support the

School District's strategic direction of highest student achievement for all students and to educate all students effectively,

the schools and parents must work together as knowledgeable partners. The District shall foster and support active

parent involvement by using the components listed below including, but not limited to, the following implementation

strategies.

Although parents are diverse in culture, language, and needs, they share the school's commitment to the educational

success of their children. The District, in collaboration with parents, shall establish programs and practices that enhance

parent involvement and reflect the specific needs of students and their families.

To this end, the Board supports the development, implementation, and regular evaluation of a parent involvement

program in each school to involve parents at all grade levels in a variety of roles. The parent involvement programs will

be comprehensive and collaborative in nature. The program will adhere to the following components of successful

parent involvement programs:

A. communication between home and school is regular, two-way, and meaningful;

B. responsible parenting is promoted and supported;

C. parents play an integral role in assisting student learning;

D. parents are welcome in the school, and their support and assistance are sought;

E. parents are full partners in the educational decisions that affect children and families;

F. community resources are made available to strengthen school programs, family practices, and

student learning.

The Board supports professional development opportunities for staff members to enhance understanding of effective

parent involvement strategies. The Board also recognizes the importance of administrative leadership in setting

expectations and creating a climate conducive to parental participation. Engaging parents is essential to improved

student achievement.

School personnel will treat parents and students with respect and courtesy. Parents are expected to treat school

personnel courteously and respectfully, and instill this kind of behavior in their children.

Professional development opportunities will be made available to administrators, teachers, and staff to promote family

friendly schools and enhance family and community partnerships.

For the purposes of this policy, the term "parent" refers to any adult - mother, father, older sibling, aunt, uncle,

grandparent, guardian, mentor - who plays a significant role in the care of a student or students enrolled in the District.

When the term "school" is used in this policy, it is used in the broadest possible sense. It refers not only to the customary

kindergarten through grade 12 programs, but also to the early childhood, adult education, and charter school programs.

When Federal guidelines permit such use, Federal funds may be used to purchase food items when used to support

parent training and meetings.

Statutory Requirement

As required by the Florida's Family and School Partnership for Student Achievement Act each school board must adopt

policies that strengthen family involvement in education. These policies must be developed with input from teachers,

District Bylaws and Policy- Pinellas County Schools - Page 120 of 695

administrators, families, students, and key community based organizations and businesses. The policies must address

the following four (4) areas:

A. Opportunities for Parental Involvement in the Development, Implementation, and Evaluation of

Family Involvement Programs

The District will:

1. encourage parents to become active participants of the School Advisory Councils (SAC),

PTA, support organizations, and school-based committees;

At the District level, parent involvement opportunities will include various District planning

committees, District Monitoring and Advisory Committee (DMAC), Title I District Advisory

Council, countywide SAC organization and Pinellas County Council of PTAs. In these roles,

parents will be able to participate in meetings and resolve problems.

2. use a variety of communication tools on a regular basis to facilitate two-way interaction

between the home and the school;

The use of best practices for parent/teacher conferences will be expected (by accentuating

the positive with opportunities for improvement) and school personnel will use flexible and

creative methods to accommodate the schedules of parents. Immediate contact between

parent and teacher should occur when concerns arise.

3. encourage communications with parents regarding positive student behavior and

achievement;

4. provide staff training on effective communication techniques, parent/teacher conferences,

and the importance of regular two-way communication between the school and the family;

5. make a reasonable effort to reach out to all parents, not just those who attend parent

meetings;

6. make a reasonable effort to assist parents in understanding the needs and rights of their

exceptional children;

7. direct schools to offer support to parents regarding educational issues;

Parent advocates will serve as liaisons between families and schools, train parents in

effective communication skills, and provide support to parents responding to educational

issues.

8. distribute a student expectations guide to parents at the beginning of the school year

outlining grade level expectations and suggestions of how parents can foster learning at

home;

9. make available information and provide opportunities to guide parents on ways to assist with

homework, give feedback to teachers, and how parents can help their children improve skills

and perform well on assessments;

10. publish a parent guide annually and make it available to parents providing information

needed to make decisions about their child's education and how to assist in their child's

progress;

11. make a reasonable effort to communicate with parents in their primary language or in the

language in which they feel comfortable.

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B. Opportunities for Parents to Participate on School Advisory Councils and in School Volunteer

Programs and Other Activities

The Community Involvement Program will administer a program to utilize parent volunteers at the

school and District level, provide ample training on volunteer procedures and school protocol, tutor

and mentor training, and encourage parent participation in school and related activities. School staff

has a responsibility to involve parents in the school's decision-making efforts. Likewise, parents

have a responsibility to contact the school and seek out ways in which they might participate in and

influence decisions that will affect the children. Furthermore, the District will:

1. provide parents with current information regarding changes in school policies, discipline,

assessment tools, and student and school performance data;

The District will encourage parents to participate as partners when setting school goals,

developing or evaluating programs and policies, or responding to performance data.

2. encourage and support the formation of PTAs or other parent groups in order to identify and

respond to issues of interest to parents;

3. direct each school to work with parents and school staff to develop a unique plan to

incorporate parent/family involvement in the individual School Improvement Plans;

4. encourage parents to be involved in the development, implementation and annual evaluation

of the parent involvement programs as outlined in the School Improvement Plan, and to be

included as members of School Improvement Teams;

5. encourage parents to visit their schools for beginning of the year events such as "Back-to-

School Night", "Open House", and new student orientations;

These events will be used to disseminate information on school policies, discipline

procedures, assessment tools, and school goals.

6. encourage parents to attend additional activities (such as parent workshops and training)

throughout the year;

7. direct schools to make the school building a welcoming plan, clearly accessible to parents.

C. Links with Community Services

The District will:

1. afford opportunities for school personnel, students and parents to learn about different

cultures, cultural practices and cultural preferences so that understanding and

communication can be promoted;

2. provide the Family/Multicultural Center to serve as a resource center providing parents

information and training opportunities to learn about parenting skills, health, safety, nutrition,

home environments that support education, and other topics of child and adolescent

development;

3. distribute information to students and parents regarding cultural, recreational, academic,

health, social, and other resources that serve families within the community;

4. seek the active participation of area businesses, agencies, and faith-based organizations to

encourage community support in the schools, through financial, goods and services, and

volunteer contributions;

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5. encourage members of the community to participate in the volunteer programs at their local

school;

6. develop partnerships with local organizations, such as the Juvenile Welfare Board, the

Pinellas Education Foundation, community agencies, local city and county governments,

and faith-based organizations to advance student learning and assist schools and families;

Student participation in community service will be encouraged.

7. seek and foster partnerships with outside business, community, and faith-based

organizations, such as the Pinellas Education Foundation, to sponsor student incentive

programs such as Doorways and S.A.V.E.

D. Parental Choices and Responsibilities

The District will:

1. provide Family Education and Information Centers to serve as information centers offering

parents the opportunity to register children for school, learn about the many programs and

school choices available in the District, including countywide magnet and fundamental

programs, academies, ESE, ESOL programs, Title I and other academic support programs;

2. expect parents to recognize that their right to access does not transcend the rights of

students and teachers to an orderly instructional environment;

3. encourages parents to become involved in the education of their children.

No Child Left Behind (NCLB)

The District will implement the strategies outline in this policy to integrate parent involvement into school improvement

policies. Additional strategies to include direct consultation with parents and the inclusion of these parents as members

of the District's planning committees formed to implement NCLB will ensure parent involvement activities improve

student academic achievement and school performance.

The Family Service Team, chaired by the Supervisor of Community Involvement and comprised of parents, teachers,

principals, District personnel, and community agency representatives, will coordinate the District's parent/family

involvement efforts, provide technical assistance, direction and support to assist schools in planning and implementing

effective parent involvement strategies.

The District will implement school based monitoring of parent participation to evaluate the effectiveness of increase

parent participation. The Superintendent will report the findings to the Board and the Department of Education and will

make the findings available to the community on an annual basis. The District will use the findings in designing new

strategies for parent/family involvement and school improvement.

The District is committed to setting high expectations that result in highest student achievement and believes that while

parent/family involvement is not a substitute for high quality educational programs, effective instruction, or systemic

research-based school improvement, it is a critical component of an effective school. The District encourages

development of additional parent/family involvement strategies and, encourages the use of practices suggested for

successful programs such as outlined in the guidelines of the National PTA National Standards for Parent/Family

Involvement Programs.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

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2120 - SCHOOL IMPROVEMENT AND ACADEMIC ACCOUNTABILITY

(1) The Board supports the concept of school improvement as established by the State Board of Education and will

seek to create and/or maintain effective schools as defined by State procedures.

(2) In addition to adopting a mission statement and educational philosophy for the District, the Board shall create, as

needed, policies which support the school improvement process.

(3) SCHOOL IMPROVEMENT PLAN: Annually the school improvement plan of each school shall be submitted to the

Board for approval. Schools implement the approved school improvement plan and are expected to make continual

improvements in the plan, resulting in improved student achievement. . Each school shall use the district approved

school improvement plan template.

(4) SCHOOL ROLE AND RESPONSIBILITY: The school involves the administration, faculty and staff, parents,

students, and the community in the development and the implementation of the school improvement plan according to

the Florida K-20 Education Code and Board policy. The school is responsible for the development and implementation

of a plan that results in highest achievement for each student.

(5) DISTRICT ROLE AND RESPONSIBILITY

(a) The District facilitates, supports, advises, and assists schools by interpreting legislative directives, establishing

workable school improvement processes and timelines, and supporting schools with their initiatives through facilitating

appropriate changes in District procedures when such changes are deemed productive in accomplishing the District

strategic directions and goals. It is District staff's responsibility to monitor and make recommendations to the

Superintendent regarding the District-wide impact of individual school improvement initiatives.

(b) The Board recognizes that Federal and State law requires implementation of certain strategies and supports at

schools that fall within specific Differentiated Accountability categories. Such strategies and supports are specified in

Florida Department of Education Form DA-3, “Strategies and Support for Differentiated Accountability”, which is

incorporated in Rule 6A-1.099811. The Board authorizes the Superintendent to implement such strategies and supports

as are necessary to meet the requirements of Federal and State laws and regulations. Implementation shall be

consistent with the collective bargaining agreements. At the same time school improvement plans are submitted to the

Board for approval, the Superintendent shall provide the Board with a written report on the implementation of such

strategies and supports.

(6) FUNDING SCHOOL IMPROVEMENT INITIATIVES: Each school uses school-based funds to implement the school

improvement plan initiatives. The expenditure of school improvement funds, when appropriated by legislative mandate,

shall be made by the SAC in accordance with legislative direction to support the school improvement plan.

(7) ANNUAL PROGRESS: School wide student achievement progress is reported annually through the state

accountability system as defined in F.A.C. 6A-1.09981. All schools are classified in the state’s Differentiated

Accountability matrix. School Improvement Plans will include goals and strategies that will improve a school’s

classification in the state accountability system.

F.S. 1001.42, 1001.452, 1008.33, 1008.345

F.A.C. 6A-1.09981, 6A-1.099811

Adopted 12/9/09; Revised 7/26/11

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2125 - SCHOOL ADVISORY COUNCILS

The School Board establishes a School Advisory Council (SAC) in each District school to serve in an advisory capacity

to the school principal and in the preparation and evaluation of the school improvement plan required pursuant to F.S.

1001.452.

The principal shall receive and consider SAC advice; however, the principal remains responsible for making decisions

necessary for administering and supervising the school. The principal shall promote communication among students,

staff, parents, and community.

The SAC is the sole body responsible for final school-level decision-making relating to school improvement and

accountability statutes. SACs shall not assume any of the powers or duties now reserved by Florida statutes for the

Board or its administrative or instructional staff.

Membership

Each council shall be composed of the principal and an appropriate balanced number of teachers, education support

employees, students, parents, and other business and community citizens.

The SAC membership shall be representative of the ethnic, racial, and economic community served by the school. The

term community shall refer to the geographic area served by the school. While the composition of the SAC shall

represent the ethnic, racial, and economic community served by the school, there need not be a precise percentage or

ratio of each ethnic, racial, and economic group within the community equal to the percentage of the general population

served. The Board shall monitor and review the membership composition of SACs. Should the Board determine that

the membership elected by the school is not representative, the Board shall appoint additional members to achieve

proper representation.

A vacancy in any membership category, as defined by each individual SAC, may be filled utilizing the regular

election/selection process. The principal will inform the Superintendent or designee in writing of any replacement

members.

If not specified in the SAC bylaws, the principal shall determine the size of the SAC which is most functional for that

particular school and which allows for all categories to be represented. Student representation shall be required for

SACs established at career-technical centers and high schools and may be included for SACs serving middle schools.

Elementary school SACs shall not include student representatives.

The principal is a member of the SAC not included in the above percentages. A majority of the members of each SAC

must be persons who are not District employees.

Nominations and Elections

Each principal is to facilitate a nomination and election process (including, but not limited to, peer nomination and self-

nomination) to determine from within the school and community those individuals willing to make a commitment to

participate on the SAC.

A. The principal will inform the school community, including parents of upcoming students, that

nominations to the SAC are invited. The principal may notify potential members by using a variety

of written and oral communications. Schools should maximize recruiting efforts to be inclusive of the

school community. Documentation of recruitment strategies should be kept.

B. The invitation for nomination must clearly note the deadline, membership categories, and the process

by which the vote shall be taken. The election process shall encourage the participation of each

peer group.

C. The following SAC members shall be elected by their respective peer group in a fair and equitable

manner as set forth in the bylaws of the SAC:

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1. teacher(s) shall be elected by teachers;

2. education support employee(s) shall be elected by education support employees;

3. student(s), when appropriate, shall be elected by students; and,

4. parent(s) shall be elected by parents.

D. If these elections do not fulfill statutory requirements, the principal shall recommend additional

members to provide proper representation.

Documentation of the nomination and election process will be maintained at the school as a public record.

Duties

The SAC shall:

A. perform such functions as may be prescribed by the Board;

B. assist in the preparation, implementation, and evaluation of the school improvement plan required

by Florida statutes;

The plan shall address issues relative to budget, training, instructional materials, technology, staffing,

student support services, and other resource allocations as determined by the Board.

C. promote communication among students, staff, parents, administration, and the community;

D. assist in the preparation of the school's annual budget;

E. request waivers of Board policies, Florida statutes, or State Board of Education rules which will allow

the SAC plan to be implemented or school personnel to establish innovative educational practices

and methods; and

F. serve as a resource for the principal and perform such other functions as are requested by the

principal.

Operational Procedures

Bylaws shall be established and adopted by members of the SAC.

A. The bylaws shall:

1. state the functions and governance of the SAC;

2. indicate the procedure for electing and appointing members as specified herein;

3. provide procedures for the removal of members for just cause including replacing any

member who has two (2) unexcused consecutive absences from properly noticed meetings;

A member’s absence is considered unexcused if the member does not notify the school that

they must be absent and, when contacted by the school, no valid reason is given for their

absence. The final determination of an unexcused absence rests with the school’s SAC.

4. state that when a vote is taken a quorum must be present;

A majority of the SAC membership constitutes a quorum.

5. require three (3) days advance notice in writing to all members of the SAC of any matter

scheduled to come before the SAC for a vote;

6. define the scope of and procedures for SAC involvement in assisting with budget preparation

as specified herein;

7. establish procedures for recording minutes of SAC meetings;

A record of these minutes shall be maintained at each school.

B. All meetings of the SAC shall be open, public, and advertised to the school community. Meetings

shall be scheduled when all stakeholders can attend.

C. The Board may review all SAC bylaws.

Approval of the School Improvement Plan

With the mutual approval of the principal and SAC, each school shall submit a new, amended, or continuation school

improvement plan to the Board for approval.

Training and Development

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The Board recognizes that training and development are important to SACs. Training and development shall be provided

to local SACs and local SAC members shall be responsible for participating in such training.

F.S. 24.121(5), 1001.32(2), 1001.41, 1001.42, 1001.43, 1001.452, 1008.345

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2130 - DISTRICT MONITORING AND ADVISORY COMMITTEE (DMAC)

Philosophy

The School Board believes that in order for the school system to gain and maintain the trust of the community, it must

be accountable to the community for maintaining a unitary school system free from the vestiges of the formerly

segregated school system in the areas of relative quality of education, student assignment, faculty assignment,

administrative staff assignment, facilities and resource allocation, transportation, and extra-curricular activities. To

facilitate the accountability, there should be a committee whose members are appointed by various groups that have a

recognized interest in the operation of the unitary school system. The committee will monitor the School District's

achievement and maintenance of a unitary school system and make recommendations to the Board concerning

maintenance of a unitary school system, equity, and diversity.

Creation, Membership and Date of Establishment

The Board establishes the District Monitoring and Advisory Committee (DMAC) consisting of twelve (12) members

appointed as hereinafter provided.

The organizations listed immediately below shall appoint two (2) members each. If one (1) of these organizations ceases

to exist or becomes inactive or unrepresentative of the intended constituency another organization may be substituted.

The determination of whether an organization becomes inactive or unrepresentative of the intended constituency shall

initially be made by DMAC. Any organization determined by DMAC to have become inactive or unrepresentative of the

intended constituency shall have the right to object. Should DMAC make such a determination, DMAC shall inform the

Board of its determination and of any objections reviewed by DMAC. Whether such organization has objected to DMAC

or not, that organization may register objections with the Board. The Board shall then make a determination of whether

any such organization has become inactive or unrepresentative of the intended constituency. Should the Board

determine that any organization has become inactive or become unrepresentative of the intended constituency, that

determination may be challenged by invoking the alternative dispute resolution process through plaintiff’s counsel. If a

final determination is made in this process that one (1) of the organizations has become inactive or unrepresentative of

the intended constituency, then the Board will designate another group after considering recommendations provided by

the remaining DMAC membership. If there are objections to the group designated by the Board, those objections shall

be determined subject to the alternative dispute resolution procedures.

A. The Board

B. NAACP- Clearwater/Upper Pinellas branch

C. NAACP- St. Peterburg branch

D. Pinellas County Council of PTAs

E. Pinellas Classroom Teachers Association (PCTA)

F. Pinellas Association of School Administrators (PASA)

Each appointing authority, by an essentially elective and publicly disclosed mechanism (e.g., either election or

appointment by an elected officer or other elected authority) consistent with the bylaws or governing rules of each

organization, shall appoint one (1) black member and one (1) non-black member.

The number of current school system employees serving on DMAC shall be limited to four (4). The PCTA and the PASA

shall have the right but are not obligated to appoint employees of the school system. All other appointing authorities

must appoint non-employees.

The effective date of the establishment of DMAC shall be October 12, 1999.

Liaison

The Board shall provide a Board member to attend each meeting of DMAC and to act as Board liaison.

The Superintendent shall appoint a liaison to DMAC who shall be responsible for providing clerical assistance and

supplies necessary for the operation of DMAC.

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The District liaison shall attend all committee meetings and will coordinate the appearance of other staff as deemed

appropriate by the Superintendent or upon request of the committee as may be reasonable.

The liaison will ensure that feedback on DMAC recommendations are provided to DMAC members. If recommendations

are part of a scheduled school board meeting, feedback will be provided by Friday of the same week of the board

meeting. If a recommendation is determined to be discussed at a board workshop, feedback will be given to DMAC as

soon as possible after the workshop.

Term of Membership

Each appointing authority shall appoint one member for an initial term of two (2) years and one (1) member for an initial

term of four (4) years. All subsequent appointments shall be for a term of four (4) years except that any appointment to

fill a vacancy that has occurred prior to the expiration of the term shall be for the expiration of that term.

The chair shall remove any member for non-attendance in violation of duly adopted bylaws of DMAC. Prompt and

regular attendance is essential to membership on DMAC.

Open Government Laws

DMAC, as a committee created by the Board for purposes of advising the Board, is subject to the Government in the

Sunshine Law (F.S. 286.011) and Florida’s Public Records Act (F.S. Chapter 119). All meetings of DMAC shall be open

to the public and shall be properly noticed to members of the public. Minutes are required for each meeting. The minutes

of each meeting and any written reports, recommendations, or any other records of DMAC shall be open to public

inspection.

In accord with the scheduled agenda, DMAC shall provide a reasonable opportunity at each of its meetings for members

of the public to address DMAC. This provision shall not apply to any joint workshop with the Board or to any

subcommittee meeting. DMAC shall announce to the public before receiving public input that DMAC does not receive

and act on any individual complaints or requests and does not act as an appellate body to review any decision of the

District or school administrators. DMAC shall also inform the public before receiving input that it acts as a monitoring

and advisory committee concerning the achievement and maintenance of a unitary school system.

Meetings

The first meeting of DMAC shall be November 11, 1999.

DMAC shall meet at least four (4) times a year and may set additional meetings as necessary. At the initial meeting of

DMAC, the dates of the remaining three (3) meetings of the first year of operation shall be set. Thereafter, DMAC shall

set the dates of the minimum four (4) meetings for the subsequent year at the last meeting of each year.

Additional meetings may be set by a majority vote of the committee at any meeting of the committee or special meetings

may be called by the chairperson upon a minimum of fifteen (15) days written notice to the membership.

Officers

DMAC shall annually elect a chairperson, vice-chairperson, and secretary from among the membership of the committee.

Quorum

DMAC cannot take any action or carry on a meeting in the absence of a quorum. A quorum at any meeting of DMAC

shall consist of attendance by a simple majority of the membership (that is, seven (7) of the twelve (12)) or more. The

vote of the majority of the members present at a meeting at which a quorum is present is necessary for the adoption of

any matter voted on by DMAC.

Training

The Board and the NAACP Clearwater/Upper Pinellas branch and St. Peterburg branch shall provide training for all new

members of DMAC concerning the history of desegregation, the definition and achievement of unitary status, and the

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functions and purposes of DMAC. Appointees must attend and receive training to assume membership in DMAC.

Training topics should include information about Board approved Memoranda of Understanding.

Meeting Space

The Board will provide adequate and dignified meeting space for DMAC at the administration building (or another place,

if agreed by DMAC). All meetings for the transaction of business shall occur in Pinellas County.

There should be one annual joint meeting of DMAC and the Board attended by DMAC members, Board members, and

the Superintendent.

Bylaws

DMAC may adopt such bylaws and rules of operation as may be necessary for the efficient performance of its functions

including the receipt of public comments. Any such bylaws and rules must be consistent with the provisions of this rule

and approved by the Board pursuant to the provisions of the APA.

The bylaws shall provide for the appointment of subcommittees if deemed appropriate by DMAC.

Responsibilities of DMAC

DMAC shall function as an advisory body to the Board with respect to the matters set forth in this rule.

Education, Information, and Advice

At least annually, beginning for the school year 1999-2000, the Superintendent or designee(s) will file a report and make

a presentation to DMAC on what the School District prescribed and implemented with respect to the plan addressing

student achievement, student discipline, and assignment of students to programs developed pursuant to the stipulation

between the defendants (the Board, and others) and the plaintiff class dated June 18, 1998, that was filed in Bradley, et

al v. Pinellas County School Board. The Superintendent’s report to DMAC shall include the following:

A. whether the School District has implemented the plan in good faith;

B. what results the School District has achieved with the plan in effect;

Such report shall contain but not be limited to data in detail disaggregated by race and sex with regard to

scores on standardized tests (including learning gains data), drop-out rates, graduation rates, expulsions,

suspensions both in-school and out-of-school, referrals, arrests and assignment to special programs or

classes. Special programs or classes shall include all programs or classes designed to assist students who

appear to need special or additional help, all programs or classes designed for students who appear to be

advanced, and all programs or classes designed to provide specialized training.

C. whether such implementation has succeeded in addressing, in a substantial and meaningful way,

the issues of student achievement, student discipline, and assignment of students to programs;

D. what changes have been made to the plan to improve it;

E. whether continued good-faith implementation of the plan offers a realistic promise of achieving the

goals described in the June 18, 1998, stipulation.

DMAC will receive the reports and presentations from the Superintendent or designee(s) and will review the information,

distinguish areas of greater and lesser progress, and advise the Board on practicable means and measures to obtain

further success in the three (3) areas (student achievement, student assignment, and student discipline) identified in the

stipulation of June 18, 1998.

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Facilities and Resources

Prior to Board consideration, the Superintendent or designee(s) will present to DMAC the proposed five (5) year work

plan for facilities in sufficient time to allow DMAC to provide the Board its recommendations on the work plan. “Sufficient

time” in this context shall be not less than thirty (30) days prior to the hearing at which the Board considers the plan.

DMAC will review the work plan to determine if additions and renovations to existing facilities are being made in a non-

discriminatory manner and will make its recommendations to the Board in any areas of concern.

The Superintendent or designee(s) will present any proposed new school to DMAC in sufficient time to allow DMAC to

review the proposal and make its recommendations to the Board concerning same.

The Superintendent or designee(s) will report at least annually to DMAC on the allocation of resources and demonstrate

to DMAC that such allocations have been made in a manner so that the allocation per weighted FTE for black students

shall be at least equal to that for white students. DMAC will review the reports and information and shall advise the

Board regarding the allocation of such resources.

Faculty

The Superintendent or a designee(s) will present at least annually to DMAC the District’s plans and information

concerning recruitment, employment, and placement of black educators. The report will include the status of continuing

the critical shortage classification of black educators so long as this is required per the court order and Memorandum of

Understanding in the areas of Faculty and Administrative Staff.

DMAC will review the report and information received and identify areas of concern and make recommendations to the

Board concerning the same as appropriate.

Administrative Staff

The Superintendent or a designee(s) shall report at least annually to DMAC, demonstrating the continued support of

minority administrative staff including efforts to maintain the distribution of administrative staff in all school levels and

central administration, the general geographic apportionment at least as equitable as levels that existed in the 1998-99

school year, and the continuation of special programs, which will be identified, that foster development of minority

leaders.

DMAC will review the report and information and identify the areas of concern and make recommendations to the Board

it deems appropriate.

Extra-Curricular Activities

The Superintendent or designee(s) at least annually will report to DMAC on student participation in all extra-curricular

activities by overall District participation and by school. Data shall be disaggregated by race and sex.

DMAC will review the report and information and determine if there are any areas of concern and make recommendations

to the Board as it deems appropriate.

Transportation

The Superintendent or a designee(s) at least annually will report to DMAC on the provision of transportation services.

The information contained in the report will include:

• Number of routes serving each school and whether the routes are arterial or not

• Average ride times for buses for all school levels

• Any provisions for activity buses.

DMAC will review the report and information and determine if there are any areas of concern relative to the equity of

transportation services being provided to minority students and make recommendations to the Board as it deems

appropriate.

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Student Assignment

The Superintendent or a designee(s) at least annually will report to DMAC concerning the development and

implementation of the student assignment plan of the District. The report shall describe the racial composition of each

school and the state of compliance with the relevant order.

The report shall include, but not be limited to the following:

A. Until a Choice Plan of Student Assignment has been adopted and implemented, such report, in addition to the racial

makeup of each school, shall include identification of school assignment zones, the racial makeup of such school

assignment zones, identification of any schools that need changes in school assignment zones to maintain

compliance with the court order on student assignment, any changes proposed by the School District to student

assignment zones, and data disaggregated by race on applications for Special Attendance Permits (SAPs) and on

SAPs granted.

B. Until a Choice Plan of Student Assignment has been adopted and implemented, such report, in addition to the

information required in the subsection above shall include an assessment of the progress toward adoption and

implementation of a choice plan, including all then-current information on such issues as number of choice zones,

locations of choice zone boundaries, identification of preferences for choices (such as program, sibling, diversity,

proximity), definition of each preference category, determination of the operation and relationship of preference

categories, determination of cross zone/SAP rules, location of zone offices for preference selection/parent-student

information, determination of grandfather clauses, identification of zone councils, their make up, duties, selection

and bylaws, determination of ratios to be utilized during the “Controlled Choice” phase of the plan, majority-

minority transfer policies, determination of types of school programs, including “Attractor Programs”, criteria for

determination of underchosen schools, determination of criteria for availability and allocation of resources to

underchosen schools for improvement, determination of transportation allocation, and definition of phase-in

process from “Controlled Choice” to “Clustered Choice”.

C. Once a Choice Plan of Student Assignment is adopted, but before implementation, such report shall include a

detailed description of the choice plan that has been adopted and details of the implementation schedule of that

Choice Plan and schedule of each detailed step of implementation of each and every aspect of that Choice Plan.

D. Once a Choice Plan of Student Assignment has been adopted and implemented, such report shall include data

disaggregated by race as to student population at each and every school; data disaggregated by race as to first

choice attendance, second choice attendance, third choice attendance, and attendance other than the first three

(3) choices; data disaggregated by race for each and every school as to selections of that school as first choice,

selection of that school as second choice and selection of that school as third choice; data disaggregated by race

by school and disaggregated by preference as to students assigned as a result of the various student assignment

preferences; identification of “Attractor Programs”; effectiveness of “Attractor Programs”; for the preceding school

years, identification of underchosen schools; giving the criteria by which such schools are identified as

underchosen; identification of all plans for improvement of underchosen schools, giving information on resources

available and the methods of determining the availability of those resources and for all schools identified as having

a student population that does not conform to the ratios in effect for any Controlled Choice year or, for any years

after the last year of Controlled Choice, the ratio determined by the methodology used during that last year of

Controlled Choice, and description and details of all plans in effect for bringing such schools in conformance with

said ratios. It is understood that, after Controlled Choice is no longer in effect and ratios will not be mandatory,

diversity of student population at each and every school shall remain a valid and preeminent goal.

E. If the district assigns students to schools using school zones or some other means, an annual report will be

presented to DMAC that includes the following information:

• Demographic data for each school in the district

• Application and invitation information on district application programs

• Any plans for rezoning of student populations

• Any plans to close or consolidate schools

• Any plans to eliminate, increase the size of or move an application programs from one school to another

• Any plans for: Assigning students leaving charter schools; for assigning students from a charter school that

is scheduled to close; and the impact of any application o renewal of a charter school contract

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DMAC will review the report and information and determine if there are any areas of concern and make

recommendations to the Board as it deems appropriate.

F. For purposes of this rule, the relevant Court’s Order is the Decree of Summary Judgment entered January 15,

1965 and implemented by the Final Order entered July 23, 1971, as amended by the Amended Judgment entered

July 30, 1971; the Order of Amendment to Final Order and Amended Judgment entered May 18, 1977, including

adoption by reference the Stipulation of October 27, 1976; the Order of Amendment entered November 26, 1980,

including adoption by reference the Stipulation of November 19, 1980, and filed November 24, 1980; the Order

entered June 3, 1982, adopting by reference the Joint Stipulation of April 28, 1982; the Order entered June 2,

1988, adopting by reference the Joint Stipulation of May 10, 1988; the Order of April 24, 1989, adopting by

reference the Stipulation of April 20, 1989; the Order of February 18, 1993; the Order of November 29, 1996,

adopting by reference the Joint Stipulation of November 8, 1996; the Order of May 26, 1998; and the order of

January 12, 1999. In addition, DMAC will adhere to the requirements of any of the Memoranda of Understanding

agreed upon by Plaintiffs and Defendants,

Reports, Recommendations, and Comments from DMAC

All reports, recommendations, and comments from the committee to the Board shall be in writing. Such reports,

recommendations, and comments shall be forwarded to the Superintendent for review by the Superintendent and

transmittal to the Board within two (2) weeks of receipt.

Any member of DMAC who disagrees with a written report, recommendation, or comment of DMAC shall be permitted

to append a signed statement setting forth the basis for such disagreement.

Nothing shall prevent DMAC from presenting a consolidated report on two (2) or more areas identified above.

Nothing shall preclude oral presentations to the Board by DMAC.

Responsibilities of the Superintendent

The Superintendent shall respond as promptly as practicable to all requests for information from DMAC and shall make

appropriate staff available for appearance at DMAC meetings to discuss matters coming before the committee. It shall

provide DMAC such clerical and other assistance as may reasonably be required for DMAC’s timely discharge of its

responsibilities.

The Superintendent shall review each report, recommendation, or comment forwarded by DMAC and shall make

recommendations to the Board within thirty (30) days of receipt for action on the report, recommendation, or comment

of DMAC.

The Superintendent shall provide DMAC with a copy of the Superintendent’s recommendation for action by the Board

and notify DMAC when the Board will consider and act upon the Superintendent’s recommendations.

The Superintendent, or designee, shall keep the members of DMAC informed as to the status of any recommendation

made by DMAC to the Board at every regular DMAC meeting.

Nothing shall prevent the Superintendent from presenting a consolidated report on two (2) or more areas identified

above.

The Superintendent, or designee, will ensure that a DMAC link is contained on the district website and that information

on the link is current.

Responsibilities of the Board

The Board shall review each report, recommendation or comment of DMAC and the subsequent recommendation of the

Superintendent concerning same and take such action and provide such response as the Board deems appropriate.

DISTRICT MONITORING AND ADVISORY COMMITTEE BYLAWS

The bylaws of the DMAC shall be as follows:

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ARTICLE I – Name of Organization

The name of this organization shall be District Monitoring And Advisory Committee (DMAC) per order of the United

States District Court for the Middle District of Florida and by rule of the Pinellas County School Board enacted pursuant

to Order of the Court, hereinafter referred to as the Committee.

ARTICLE II – Purpose, Function and Basic Policies

Section 1

The purpose and functions of this committee as determined by order of the United States District Court for the Middle

District of Florida and Board rule shall be:

A. The committee shall comply with all orders of the United States District Court for the Middle District of Florida as

entered in the case of Bradley v. Pinellas County School Board.

B. The committee shall act as the eyes and ears of the community to ensure that the Board is accountable to the

community for establishing and maintaining a unitary school system, that is one (1) free from the vestiges of the

formerly dual school system in the areas of relative quality of education, student assignment, faculty assignment,

administrative staff assignment, facilities and resource allocation, transportation and extracurricular activities. To

do so, the committee will offer recommendations to the Board concerning issues of equity, diversity and the school

district’s achievement and maintenance of the unitary school system.

C. To obtain information from whatever source in order to assess and advise the Board concerning the items in

Paragraph B.

D. The committee shall function as an advisory body to the Board with respect to matters set forth in all orders of the

United States District Court in the case of Bradley v. Pinellas County School Board and as set forth in this policy.

E. The committee shall submit written reports to the Superintendent making recommendations and comments on

each of the seven (7) factors of a unitary school system, as well as on issues of equity and diversity.

1. Any member of the committee who disagrees with a written report, recommendation, or comment of the

committee shall be permitted to append a signed statement setting forth the basis for such disagreement.

This written statement shall be submitted at the same time as the majority report.

2. Nothing shall prevent the committee from presenting a consolidated report on two (2) or more areas of

concern as identified in this policy.

3. Nothing shall preclude oral presentation to the Board by members of the committee.

Section 2

Basic policies

A. The committee shall be non-partisan, non-commercial and non-sectarian.

B. The committee shall conduct its business under the principles of the Government in the Sunshine Law (F.S.

286.0111) and Florida Public Records Act (F.S. Chapter 119).

C. The role of the committee must be performed with the utmost objectivity without regard to personality, position or

power, with the educational welfare of all the children of Pinellas County as primary focus.

D. The committee shall work collaboratively with the School District to ensure that systems are provided which ensure

a quality with regard to student learning facilities, resources, student assignment, extracurricular activities,

transportation, administrative staff and faculty. The committee shall assist the Board in an advisory capacity, as to

the Board’s responsibility for school improvement and accountability, pursuant to Florida statutes, State

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administrative regulations, Board policy and orders of United States District Court for the Middle District of Florida

as entered in the case of Bradley v. Pinellas County School Board.

E. The committee is not an appellate body, nor is it to take action on individual complaints as to the functioning of the

school system. Rather, the committee is solely to function within the parameters as outlined in these bylaws, the

rule and policies of the Board and all Orders of the United States District Court for the Middle District of Florida

entered in the case of Bradley v. Pinellas County School Board.

F. The name of the committee or names of any members of the committee in their official capacities as members of

the committee shall not be used in any connection with any commercial concern.

ARTICLE III – Representation and Membership

Section 1

Representation and membership on the committee shall be as described by the Order of the United States District Court

for the Middle District of Florida in the case of Bradley v. Pinellas County School Board, which includes the rule adopted

by the Board as policy establishing the committee. The terms of subsequent appointees will be from November 1st of

the year the appointment is made to October 31st of the year their term expires.

Section 2

The Board shall provide a member to attend each regular meeting of the committee to act as the Board liaison.

Section 3

The Superintendent shall appoint a liaison to the committee who shall be responsible for providing clerical assistance

and supplies necessary for the operation of the committee.

The District liaison shall attend all committee meetings and shall coordinate the appearance of other staff as deemed

appropriate by the Superintendent or upon request of the committee as may be reasonable.

Section 4

An appointing authority, pursuant to the Order of the United States District Court for the Middle District of Florida,

establishing the rule of the Board as policy with regard to the committee, may appoint a new member if a vacancy occurs

within the group of appointees appointed by that appointing authority prior to the completion of that appointee’s term.

Any such appointment that occurs prior to the expiration of such term shall be for the expiration of that term.

Section 5

If an appointing authority ceases to exist, then the procedure for obtaining another appointing authority shall be as

provided in the Order of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas

County School Board, and which was enacted as rule and policy concerning the creation of the committee.

Section 6

Any committee member who misses two (2) meetings during a school year shall be contacted by the chairperson

regarding non-attendance. At the direction of the committee, the chairperson shall remove such member for non-

attendance. Further, a member may be removed by majority vote of a quorum of the members present for non-

adherence to the basic policies of the committee.

ARTICLE IV – Officers and Their Elections

Section 1

Pursuant to Order of the United States District Court for the Middle District of Florida in the case of Bradley v Pinellas

County School Board and the rule of the Board established by such Order as policy, the committee shall annually elect

a chairperson, a vice-chairperson and secretary from among its membership.

A. The officers shall represent one (1) of the three (3) groups of the following appointing authorities:

1. NAACP Clearwater/Upper Pinellas branch and St. Peterburg branch

2. the Pinellas County Council of PTAs

3. Pinellas Classroom Teachers Association, Pinellas Association of School Administrators and the Board

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Each year an officer shall be elected from each of the three (3) foregoing groups.

B. Nominations shall be taken from the floor for the office of chairperson, with a corresponding election of chairperson

immediately to follow the nominations. Nominations will then be taken for the office of vice-chairperson with the

corresponding election for that office. Finally, nominations will be taken for the position of secretary with the

election for that office.

C. Officers shall be elected by ballot at the November meeting of each year. However, if there is only one (1)

nomination, the election may be done by voice vote of members.

D. Officers shall assume their duties after the election at the November meeting of each year and serve a term of one

(1) year or until a successor has been elected. Terms of office shall be from the November election to October

31st of the year following the election.

E. A person shall not be eligible to serve more than two (2) consecutive terms in the same office.

Section 2

Vacancies in any position of officer shall be filled at the first meeting of the committee that is held after notification of the

vacancy.

A. A vacancy in the position of chairperson shall result in that position being filled by the vice-chairperson. A new

vice-chairperson shall be elected using the same provisions as stated in Section 1 of this Article.

B. A vacancy in the position of vice-chairperson shall result in a new vice-chairperson being elected using the same

provisions as stated in Section 1 of this Article.

C. A vacancy in the position of secretary shall result in a new secretary being elected using the same provisions as

stated in Section 1 of this Article.

ARTICLE V – Duties of Officers

Section 1

The chairperson shall preside at all meetings of the committee. The chairperson shall perform such duties as prescribed

by these bylaws or as assigned to the chairperson by the committee. The chairperson shall seek clarification, if needed,

from the attorneys for the plaintiff and defendant in the case of Bradley v. Pinellas County School Board provided such

advice will not result in additional cost to the Board. The chairperson shall coordinate the work of the officers and any

subcommittees that may be created, such that the purpose, function and basic policies of the committee may be

promoted.

Section 2

The vice-chairperson shall preside over committee meetings in the absence of the chairperson, and shall perform the

duties of the chairperson in the absence or disability of the chairperson.

Section 3

The secretary shall record minutes of each meeting of the committee and shall deliver such minutes to the District liaison

for distribution to members within ten (10) working days after the meeting date. The secretary shall keep a roster of

members of the committee with their original election date, term of office and the date and manner of termination of any

such membership. The secretary shall further provide the log to members of the public to sign such that they may be

recognized to speak before the committee.

Section 4

All officers agree to abide by these bylaws, by all Orders of the United States District Court for the Middle District of

Florida in the case of Bradley v. Pinellas County School Board, the rule of the Board establishing this committee in policy

and by parliamentary authority adopted by the committee.

Section 5

All officers shall agree to deliver all official materials to their successor within ten (10) days after the end of their elected

term of office.

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ARTICLE VI – Meetings

Section 1

All meetings of the committee shall comply with all Orders entered in the United States District Court for the Middle

District of Florida in the case of Bradley v. Pinellas County School Board, and specifically that Order establishing the

Board rule as policy, enacting the creation of the committee.

A. Committee meetings shall last approximately two (2) hours unless extended by agreement of the committee.

B. Agendas and all materials and data necessary to support the agenda shall be mailed to members at least ten (10)

days prior to the date of meeting.

C. Regular meetings shall be set at the last committee meeting of each year. Additional regular meetings may be set

by the committee. Special meetings may be called if necessary to complete the business of the committee when

approved by the majority vote of the committee.

D. At least 50% of the DMAC meetings will be held at locations other than the school administration building in Largo.

Section 2

The committee shall not take any action or carry on a meeting in the absence of a quorum. A quorum at any committee

meeting shall consist of attendance by a simple majority of the membership, that is six (6) of the ten (10) members. The

majority of the members present at that meeting, at which a quorum is present, is necessary for the adoption of any

matter voted on by the committee.

Section 3

All meetings for the transaction of committee business shall occur in Pinellas County.

Section 4

All meetings of the committee shall be open to the public and shall be properly noticed to members of the public.

Section 5

Agenda planning for each committee meeting will begin at the end of each meeting. Items recorded in the minutes as

unfinished will be placed on the agenda for the next meeting as old business. Those items of business recorded in the

minutes generated by discussion at the previous meeting will appear as new business. Committee members wishing to

place items on the agenda for future meetings may do so at the end of each meeting or by contacting the District liaison

at least three (3) weeks prior to the next meeting. Each item of business should be assigned an approximate time limit

and be identified on the agenda so that all committee members may aid the chairperson in honoring time limits.

Section 6

Written minutes are required for each meeting. Each meeting shall be audio recorded for the convenience of the

committee.

Section 7

Minutes of each meeting and written reports, recommendations and any other records of the committee shall be open

to public inspection. To facilitate public information, minutes and reports, as well as the upcoming agenda shall be

published on the Board’s website.

Section 8

The committee shall provide a reasonable opportunity at each regular meeting for members of the public to address the

committee.

The chairperson will announce at the beginning of the meeting the procedure for receiving public comments which are

as follows:

A. Members of the public shall be given three (3) minutes to address the committee during the open agenda and

public comment portion of the agenda.

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B. Members of the public wishing to speak shall identify themselves and the secretary shall record their names and a

brief synopsis of their comments for the minutes.

C. The vice chairperson shall serve as timekeeper for the public comment portion of the committee meeting.

Section 9

Meetings shall be conducted according to the “meeting ground rules” which are agreed upon each year by the members

of the committee.

Prior to the meeting the chairperson shall announce that the committee is not an appellate body, nor is it to take action

on individual complaints as to the functioning of the school system, individual staff members or individual schools.

ARTICLE VII – Subcommittees

Section 1

Subcommittees may be appointed by the committee to develop recommendations pertaining to DMAC's charge as stated

in the unitary agreement. Appointment of such groups shall be done so by a majority vote or by consensus of committee

members.

ARTICLE VIII – Authority

Section 1

All Orders of the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County

School Board will take precedence over any rule, policy or bylaw with regard to the committee.

Section 2

The rule enacted as part of one (1) of the Orders of the United States District Court for the Middle District of Florida in

the case of Bradley v. Pinellas County School Board, which establishes such rule as the policy of the Board creating the

committee, shall take precedence over any of these bylaws.

Section 3

As to interpretation of bylaws and court orders, the committee may consult with the attorneys for the plaintiff and the

defendant in the case of Bradley v. Pinellas County School Board provided such advice will not result in additional cost

to the Board.

Section 4

With regard to procedural matters, Roberts Rules of Order newly revised shall govern in all cases in which they are

applicable and in which they are not in conflict with these bylaws, nor the rule of the Board nor the Order of the United

States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board.

ARTICLE IX – Amendments

Section 1

No amendment to these bylaws may conflict with any Order of the United States District Court for the Middle District of

Florida as entered in the case of Bradley v. Pinellas County School Board, and with the rule adopted by the Board.

Section 2

Any amendment to these bylaws based upon the rule of the Board established as policy may not, pursuant to Order of

the United States District Court for the Middle District of Florida in the case of Bradley v. Pinellas County School Board,

be changed in any way except as provided within such Order of the Court.

Section 3

Any provision of these bylaws that is not based upon Order of the Court or rule of the Board may be amended.

A. Amendments to these bylaws shall be presented in writing to all members at least thirty (30) days prior to a vote.

B. Amendments to these bylaws may be adopted at a regular meeting of the committee or a special meeting of the

committee as needed, by a majority vote of the quorum present.

C. The amendment shall become effective upon approval of the majority of the quorum present and subsequent

approval of the Board.

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Section 4

The amendments made to these bylaws and to the rule established as policy by the Board, which became effective on

March 15, 2011, were made on the recommendation of DMAC pursuant to the authority granted by Order of the United

Stated District Court for the Middle District of Florida entered in the case of Bradley v. Pinellas County School Board on

August 30, 1999. Such Order states that after ten (10) years have elapsed following entry of such Order, “the School

Board may amend the Rule on DMAC as recommended by DMAC.”

Adopted 12/8/09; Revised 3/15/11, 6/11/13, 06/25/15, 1/15/19

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2140 - INDEPENDENT CITIZENS REFERENDUM OVERSIGHT COMMITTEE (ICROC)

Voter Approval of Referendum

In the general election of November 2, 2004, voters approved an additional one-half mill ad valorem tax for School

District operating expenses for four (4) years beginning July 1, 2005.

BALLOT QUESTION: Shall the District's ad valorem millage be increased by a total of one-half mill for necessary

operating expenses including funds to recruit and retain quality teachers; preserve reading programs and music and art

classes: and provide up-to-date textbooks and technology beginning July 1, 2005, and ending four (4) fiscal years later

on June 30, 2009, with oversight of these expenditures by an independent citizens financial oversight committee?

In conjunction with the presidential preference primary election of January 29, 2008, voters approved the continuation

of the one-half mill ad valorem tax for four (4) years beginning July 1, 2009.

BALLOT QUESTION: Shall the District's ad valorem millage of one-half mill per year be continued beginning July 1,

2009 and ending four (4) fiscal years later on June 30, 2013, for necessary operating expenses including funds to recruit

and retain quality teachers; preserve reading programs and music and art classes; and provide up-to-date textbooks

and technology, with oversight of these expenditures by an independent citizens financial oversight committee?

Creation, Membership and Date of Establishment

The School Board establishes the Independent Citizens Referendum Oversight Committee (ICROC) consisting of seven

(7) members each appointed by one (1) of the following organizations as hereinafter provided.

A. League of Women Voters

B. Pinellas County Council of PTAs (PCCPTA)

C. Pinellas County Education Foundation

D. Pinellas Realtor Organization

E. Concerned Organizations for Quality Education for Black Students (COQEBS)

F. Pinellas County SAC Association, Inc.

G. Pinellas County Economic Development Council

Term of Membership

Each appointing authority shall appoint one (1) member for an initial term of four (4) years. All subsequent appointments

shall be for a term of four (4) years except that any appointment to fill a vacancy that has occurred prior to the expiration

of the term shall be for the expiration of that term.

Any member who misses two (2) meetings during a school year shall be contacted by the chairperson regarding non-

attendance. If a third meeting is missed, the chairperson shall request the organization that appointed the member to

remove the member for non-attendance and appoint a replacement member.

Open Government Laws

ICROC, as a committee created by the Board for purposes of advising the Board, is subject to the Government in the

Sunshine Law (F.S. 286.011) and Florida’s Public Records Act (F.S. Chapter 119). All meetings of ICROC shall be open

to the public and shall be properly noticed to members of the public. Minutes are required for each meeting. The minutes

of each meeting and any written reports, recommendations, or any other records of ICROC shall be open to public

inspection.

In accord with the scheduled agenda, ICROC shall provide a reasonable opportunity at each of its meetings for members

of the public to address ICROC. This provision shall not apply to any joint workshop with the Board or to any

subcommittee meeting. ICROC shall announce to the public before receiving public input that ICROC does not receive

and act on any individual complaints or requests and does not act as an appellate body to review any decision of the

District or school administrators. ICROC shall also inform the public before receiving input that it acts as an oversight

committee.

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Meetings

The District's Chief Financial Officer (CFO) will coordinate the initial organizational meeting of ICROC. The initial meeting

shall occur before July 1, 2005.

At the organization meeting, the ICROC shall elect a chairperson and vice-chairperson and establish how future

meetings will be scheduled.

Officers

ICROC shall annually elect a chairperson, vice-chairperson, and secretary from among the membership of the

committee.

Quorum

ICROC cannot take any action or carry on a meeting in the absence of a quorum. A quorum at any meeting of ICROC

shall consist of a simple majority of the membership. The vote of the majority of the members present at a meeting at

which a quorum is present is necessary for the adoption of any matter voted on by ICROC.

Meeting Space

The Board will provide adequate and dignified meeting space for ICROC at the administration building (or another place,

if agreed by ICROC). All meetings for the transaction of business shall occur in Pinellas County.

Responsibilities of ICROC

ICROC shall function as an advisory body to the Board to advise the Board on whether the Board is utilizing the proceeds

of the additional one-half mill ad valorem tax for necessary operating expenses including funds to recruit and retain

quality teachers; preserve reading programs and music and art classes; and provide up-to-date textbooks and

technology.

ICROC will quarterly render a report to the Board containing comments on the Board's compliance with the ballot

language. The report will be kept on file in the Board office and made available to the public.

Reports and Comments from ICROC

A. All reports and comments from the ICROC to the Board shall be in writing. Such reports and

comments shall be forwarded to the Board with a copy provided to the Superintendent.

B. Any member of ICROC who disagrees with a written report or comment of ICROC shall be permitted

to append a signed statement setting forth the basis for such disagreements.

C. An oral presentation of the report to the Board shall be made by ICROC at a regularly scheduled

Board meeting under the Special Order Agenda.

Responsibilities of the Superintendent

The Superintendent (or designee) shall at least quarterly file a report and make a presentation to ICROC clearly

demonstrating how the additional proceeds of the one-half mill ad valorem tax is being expended. Eighty percent (80%)

of the proceeds shall be allocated exclusively to salaries/benefits.

The Superintendent (or designee) shall respond as promptly as practicable to all requests for additional information from

ICROC and shall make appropriate staff available to present information on the expenditure of the proceeds of the

additional one-half mill ad valorem tax. The Superintendent shall provide ICROC such clerical and other assistance as

may reasonably be required for ICROC’s timely discharge of its responsibilities.

The Superintendent shall review each report forwarded by ICROC and shall make recommendations to the Board within

thirty (30) days of receipt for action, if any, on the report of ICROC.

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The Superintendent shall provide ICROC with a copy of the Superintendent’s recommendation for action by the Board

and notify ICROC when the Board will consider and act upon the Superintendent’s recommendations.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

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2205 - INSTRUCTIONAL PLANNING AND LESSON PLANS

The School Board believes that the instructional program of the District must seek to help each student to develop

emotionally, aesthetically, intellectually, morally, physically, socially, and vocationally to the fullest of his/her abilities as

consistent with the established mission, philosophy, and goals and objectives of the District.

Teachers shall plan for instruction and maintain lesson plans either in a written or electronic format, or another format

approved by their immediate supervisors, for the purpose of preparing daily lessons for each course they teach.

Lesson plans shall be consistent with prescribed District course content as described in Policy 2210

and shall be followed

with sufficient flexibility to allow for varying conditions, events, interruptions, and the varied needs of the learner.

Lesson plans shall be readily available for review by the administration and for the use of each potential substitute

teacher who may be called upon to conduct the regular teacher's classes.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

2210 - CURRICULUM DEVELOPMENT

The School Board recognizes its responsibility for the quality of the educational program of the schools. As the

educational leader of the District, the Superintendent shall be responsible to the Board for the development and

evaluation of curriculum and the preparation of courses of study. The appropriate personnel, materials, and supplies for

curriculum exploration, development, and implementation shall be coordinated by the Superintendent.

A. Curriculum in the District shall provide for appropriate instruction based upon the State curriculum frameworks,

course descriptions, and Sunshine State Standards prescribed by the Florida State Department of Education,

Florida's System of School Improvement and Accountability goals and standards, and the District's student

expectations.

1. Students with disabilities are provided instruction in the general education curriculum to the extent they

are able to participate and progress. Accommodations may be provided as specified in the student's

Individual Education Plan (IEP) but cannot change course performance standards. The

accommodations specify changes in instructional strategies that are required as a result of a student's

disability and may address: methods and materials for instruction, assignment and classroom

assessments, the learning environment, time demands and scheduling, or special communication

systems.

2. When a student with a disability requires additional instruction beyond the general education curriculum,

instruction is provided in Sunshine State Standards Access Points at the independent, supported, or

participatory level as specified in the student's IEP. Students eligible as vision impaired or speech

impaired only are not eligible to pursue a special diploma. Only special diploma students may take

Access courses.

B. The core curriculum established by the Board may be changed only with the permission of the Superintendent

and approval of the Board.

C. School faculties and School Advisory Councils (SACs) shall work in collaboration with the District curriculum

staff in implementing curriculum, developing course modifications, and selecting instructional materials.

F.S. 1001.215, 1001.32(2), 1001.41, 1001.42, 1001.43, 1001.51, 1004.64

F.S. 1008.22, 1008.34, 1011.62

Adopted 12/9/09; Revised 12/6/11

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2235 - ACADEMIC FREEDOM

It is the rightful duty of a teacher to encourage within students a never ending search for truth in its many forms. Such

a search may inevitably lead to areas of controversy. It is the belief of the School Board that discussion of such issues,

dealing with local, State, national, and international affairs, shall be encouraged.

Free, logical, and intelligent dialogue within the classroom is a necessity in the search for truth. Such freedom of

expression should be viewed, not simply as a constitutional guarantee, but as a fundamental necessity for the successful

practice of scholarship in a free society. All sides of such controversial issues shall be presented.

It is recognized that the application of this principle in a K-12 program differs somewhat from its application at higher

educational levels. Teachers shall consider the relative level of maturity of their students and their need for guidance in

the study of such issues to arrive at objective and balanced views.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

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2240 - CONTROVERSIAL ISSUES

The School Board believes that the consideration of controversial issues has a legitimate place in the instructional

program of the schools.

Properly introduced and conducted, the consideration of such issues can help students learn to identify important issues,

explore fully and fairly all sides of an issue, weigh carefully the values and factors involved, and develop techniques for

formulating and evaluating positions.

For purposes of this policy, a controversial issue is a topic on which opposing points of view have been promulgated by

responsible opinion or likely to arouse both support and opposition in the community.

The Board will permit the introduction and proper educational use of controversial issues provided that their use in the

instructional program:

A. is related to the instructional goals of the course of study and level of maturity of the students;

B. does not tend to indoctrinate or persuade students to a particular point of view;

C. encourages open-mindedness and is conducted in a spirit of scholarly inquiry.

Controversial issues related to the program may be initiated by the students themselves provided they are presented in

the ordinary course of classroom instruction and it is not substantially disruptive to the educational setting.

Controversial issues may not be initiated by a source outside the schools unless prior approval has been given by the

principal.

The Board recognizes that a course of study or certain instructional materials may contain content and/or activities that

some parents find objectionable. If after careful, personal review of the program lessons and/or materials, a parent

indicates to the school that either the content or activities conflicts with his/her value system or religious beliefs, the

school will consider a written request for his/her child to be excused from a particular class session for specified reasons.

The student, however, will not be excused from participating in the course and will be provided alternate learning

activities during times of such parent requested absences, if approved.

A complaint concerning the utilization of instructional material that raises controversial issues shall be pursued consistent

with Policy 9130

Teacher Use of Potentially Offensive Controversial Material

It is the responsibility of the teacher (or other instructional staff member) who intends to use materials that may be

considered offensive to reasonable persons within the community, to notify the school principal of the potentially

controversial materials.

It is the responsibility of the principal or principal’s designee to assist the teacher in devising methods to minimize or

eliminate controversial materials. It is the principal’s responsibility to insure that the materials used are appropriate and

consistent with the Sunshine State Standards for the course.

If the teacher disagrees with the principal’s determination, the teacher may appeal to the District First Amendment

Review Committee appointed by the Superintendent and composed of two (2) representatives from the County Council

of PTAs, two (2) members representing the community, three (3) teachers, and a non-voting chairman/facilitator. The

committee will review the issue and make a recommendation to the Superintendent within seven (7) school days.

The Superintendent will review the committee’s recommendation, meet with the teacher, upon request, and decide the

issues. The Superintendent’s decision shall be final.

Use of the material in question will not occur until all appeals are completed.

20 U.S.C. 1232h

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2250 - FUNDAMENTAL SCHOOLS, MAGNET PROGRAMS, AND CAREER ACADEMIES

The Pinellas County Schools Procedures for District Application Programs dated January 16, 2001, as amended

April 17, 2001, January 9, 2007, December 9, 2008, December 7, 2010, November 8, 2011, December 11, 2012,

September 24, 2013, March 11, 2014, October 14, 2014, September 22, 2015, September 27, 2016, October 10, 2017,

May 8, 2018, and October 23, 2018, is hereby adopted by the School Board as a rule and is incorporated herein by

reference. The Procedures for District Application Programs Handbook contains requirements applicable to elementary

school, middle school, and high school programs.

F.S. 1001.32, 1001.32(2), 1001.41, 1001.42, 1001.43, 1003.02

Adopted 12/9/09; Revised 6/29/10, 12/7/10, 11/8/11, 12/11/12, 9/24/13, 03/11/2014, 10/14/14, 9/22/15, 9/27/16,

10/10/17, 5/8/18, 10/23/18

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2260 - NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY

Discrimination on the basis of race, ethnicity, national origin, gender, disability, marital status, or sexual orientation

against a student or an employee is prohibited. No person shall, on the basis of race, ethnicity, national origin, gender,

disability, marital status, or sexual orientation be excluded from participation in, be denied the benefits of, or be subject

to discrimination under any District educational program or activity, or employment conditions or practices.

The District shall fully comply with The Florida Educational Equity Act, F.S. 1000.05.

F.S. 760.08, 760.021, 1000.05

F.A.C. 6A-19.001

Fourteenth Amendment, U.S. Constitution

20 U.S.C. Section 1681, Title IX of Education Amendment Act

20 U.S.C. Section 1701 et seq., Equal Educational Opportunities Act of 1974

29 U.S.C. Section 794, Rehabilitation Act of 1973

42 U.S.C. Section 2000 et seq., Civil Rights Act of 1964

42 U.S.C. 12101 et seq., The Americans with Disabilities Act of 1990

42 U.S.C. 6101 et seq.

34 C.F.R. Part 110 (7/27/93)

Vocational Education Program Guidelines for Eliminating Discrimination and Denial

of Services, Department of Education, Office of Civil Rights, March 1979

Title III of the No Child Left Behind Act of 2001

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2260.01- RELIGIOUS EXPRESSION IN PUBLIC SCHOOLS

The district will not discriminate against a student, parent, or school personnel on the basis of a religious viewpoint or

religious expression. The districts will comply with all federal law regarding religious expression, including but not limited

to the Equal Access Act, 20 U.S.C. §§ 4701-4704.

Student Expression of Religious Viewpoints

1. The district will treat a student’s voluntary expression of a religious viewpoint on an otherwise permissible

subject in the same manner that a school district treats a student’s voluntary expression of a secular

viewpoint.

2. A student may express his or her religious beliefs in coursework, artwork, and other written and oral

assignments free from discrimination. A student’s homework and classroom assignments shall be evaluated,

regardless of their religious content, based on expected academic standards relating to the course curriculum

and requirements.

3. A student may not be penalized or rewarded based on the religious content of his or her work if the

coursework, artwork, or other written or oral assignments require a student’s viewpoint to be expressed.

Religious Clothing, Jewelry, and Accessories

A student may wear clothing, accessories, and jewelry that display a religious message or symbol in the same manner

and to the same extent that secular types of clothing, accessories, and jewelry that display messages or symbols are

permitted to be worn.

Students Engaging in Religious Activities and Expression at School

1. A student may pray or engage in religious activities or religious expression before, during, and after the school

day in the same manner and to the same extent that a student may engage in secular activities or expression.

2. A student may organize prayer groups, religion clubs, and other religious gatherings before, during, and after

the school day in the same manner and to the same extent that a student is permitted to organize secular

activities and groups.

Employees Engaging in Religious Activities and Expression at School

1. The district may not prevent school personnel from participating in religious activities on school grounds that

are initiated by students at reasonable times before or after the school day if such activities are voluntary and

do not conflict with the responsibilities or assignments of such personnel.

2. The district must comply with the federal requirements in Title VII of the Civil Rights Act of 1964, which

prohibits an employer from discriminating against an employee on the basis of religion.

Equal Access to School Facilities

1. The district shall give religious groups access to the same school facilities for assembling as given to secular

groups without discrimination based on the religious content of the group’s expression.

2. A group that meets for prayer or other religious speech may advertise or announce its meetings in the same

manner and to the same extent that a secular group may advertise or announce its meetings.

Limited Public Forum Required for Student Speakers

The district is required to establish a limited public forum for student speakers at any school event where a student is to

speak publicly. Where student speakers are permitted, the district:

1. Must provide the forum in a manner that does not discriminate against a student’s voluntary expression of a

religious viewpoint on an otherwise permissible subject;

2. Must provide a method based on neutral criteria for the selection of student speakers at school events,

activities, and graduation ceremonies;

3. Must ensure that a student speaker does not engage in obscene, vulgar, offensively lewd, or indecent speech;

and

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4. Must state in oral or written form that the student’s speech does not reflect the endorsement, sponsorship,

position, or expression of the district. The district must deliver this required disclaimer at all graduation events

and at any other event where a student speaks publicly.

5. Student expression of a religious viewpoint on an otherwise permissible subject may not be excluded from the

limited public forum.

F.S. 1002.206

Adopted 11/13/18

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2260.03 - SECTION 504

Policy

It is the policy of the School Board, as provided in Section 504 of the Rehabilitation Act of 1973 ("Section 504"), that no

otherwise qualified individual with a disability shall, solely by his/her disability, be excluded from participation in, be

denied the benefits of, or be subjected to discrimination under any program or activity offered by the Board. The Board

shall provide a free and appropriate public education to each student who is disabled within the definition of Section 504

regardless of the nature or severity of the disability and to provide all reasonable accommodations and other applicable

rights to both students and employees as needed under Section 504.

School staff must consider whether to evaluate students for Section 504 eligibility when:

A. a parent requests a Section 504 eligibility evaluation, or Section 504 accommodation plan;

B. a parent provides medical or psychological documentation of a condition that may constitute a

disability;

C. a student is evaluated and is found not to qualify for Exceptional Student Education (ESE) services

under the Individuals with Disabilities Education Act (IDEA);

D. expulsion is being considered for any student;

E. a student is dismissed from ESE with continuing need for accommodations.

School staff may consider whether to evaluate students for Section 504 eligibility when:

A. a student is referred to the school intervention team and it is determined that an evaluation under

IDEA is not appropriate;

B. a disability of any kind is suspected, including temporary injuries;

C. a student’s discipline history is characterized by a pattern of multiple suspensions or reassignments;

D. a student shows a pattern of not benefiting from the instruction being provided;

E. a student has a chronic health condition.

The procedures for Section 504 student eligibility determination are:

A. The school will maintain a plan to monitor Section 504 eligibility, and designate a School Section 504

Coordinator (see below). A School Section 504 Committee determines which evaluations are

necessary and who will conduct them.

B. A Section 504 Parent Consent for Evaluation (PCS Form 2-2502) and Notice of Parent and Student

Rights will be provided to the parent.

C. Section 504 evaluations will be conducted.

D. The School Section 504 Committee will meet to review evaluations and determine Section 504

eligibility. The parent will be invited to the eligibility determination meeting via the Section 504 Notice

of Meeting (PCS Form 2-2584). The school will schedule the meeting on a mutually agreeable date

and time, within reasonable limitations. If the parent is unable to attend, the parent will be informed of

the Committee’s decision following the meeting.

-The School Section 504 Committee must be a multi-disciplinary team. A minimum of three (3)

members must be present, with at least one (1) of the student's teachers, one (1) student services

professional (school social worker or school psychologist if the impairment is mental; school nurse if

the impairment is physical), and either the principal or Section 504 school designee.

E. The Evaluation/Reevaluation Summary and Eligibility Determination (PCS Form 2-2503) will be

completed. If the student's Section 504 disabling condition substantially limits a major life activity, a

Section 504 Accommodation Plan (PCS Form 2-2504) may be developed. The parent will be

provided with a copy of the Eligibility Determination form, Notice of Parent and Student Rights, and

Section 504 Accommodation Plan, if one exists.

F. Information will be entered into the student information system.

G. The Accommodation Plan will be reviewed at least once every twelve months and Section 504

eligibility reevaluated at least once every three (3) years.

District Section 504 Compliance Officer and School Section 504 Coordinators

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The following individuals are the District-wide Section 504 Compliance Officers responsible for coordinating the District's

efforts to comply with and fulfill its responsibilities under Section 504 and Title II of the Americans with Disabilities Act

("ADA"):

A. K-12 Educational Section 504 Issues:

District Section 504 Coordinator

301 Fourth Street S.W.

P.O. Box 2942

Largo, FL 33779-2942

(727) 588-6054 (p)

B. Post-secondary Educational and Employment Section 504 Issues:

Director, Human Resources

301 Fourth Street S.W.

P.O. Box 2942

Largo, FL 33779-2942

(727) 588-6368 (p)

Each school or other District work site will have a Section 504 Coordinator. The Section 504 Coordinator shall be the

principal or other lead administrator of the work site, or their designee. The Section 504 Coordinators shall consult with

the appropriate Compliance Officer as needed.

Section 504 Eligibility Criteria

Students with qualifying physical or mental impairments that substantially limits one (1) or more major life activities, as

those terms are defined and interpreted by law, qualify for Section 504 eligibility. When determining eligibility, the School

Section 504 Committee will utilize all data gathered in the evaluation process and other data provided by the parent.

Section 504 Grievance Procedure

A. If a parent disagrees with the actions of the school's Section 504 Committee in regard to the child's

educational program, the parent may pursue a grievance using the procedure described below. The

purpose of this procedure is to secure, at the level closest to the student, fair solutions to complaints

that may arise from time to time. Before invoking this formal grievance procedure, the parent should

first informally talk to the teacher outside of regular class time (if the matter is classroom related), or

the principal or designee (if the matter is not classroom related or the parent does not feel

comfortable speaking with the teacher) in an attempt to informally solve the problem. If this informal

process does not resolve the issue, then the parent may proceed with the following formal grievance

procedure. The parent must follow each level in turn and any complaints made to the Superintendent

or Board will be referred back to the appropriate level of the grievance procedure.

B. Level 1 – Principal: The parent submits a description of the problem in writing, along with a proposed

solution, to the Principal within five (5) school days after the informal discussion. The student's

parent must sign the grievance. The Principal will investigate and decide how s/he will resolve the

problem, consulting with the District 504 Coordinator as appropriate. The Principal will make his/her

decision in writing within five (5) school days after receiving the grievance, and will provide it to the

parent.

C. Level 2 – Area Superintendent or Designee: The parent may request in writing that the Area

Superintendent or designee review the decision. The parent must request review within five (5)

school days after receiving the Principal's decision. The Area Superintendent or designee will review

the Principal's decision and will decide whether to uphold the Principal's decision or to change it,

consulting with the District 504 Coordinator as appropriate. The Area Superintendent or designee

will make a decision in writing within five (5) school days after receiving the request for review, and

will provide it to the parent. This is the final step of the grievance procedure. The next level of review

is the impartial hearing (see below).

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Impartial Hearing

A parent or guardian of a child may request an impartial hearing on a complaint that the child, solely by reason of his/her

disability, has been excluded from participation in, been denied the benefits of, or been subjected to discrimination under

any of the District's educational programs or activities. The hearing will be conducted by an independent hearing officer.

The hearing officer will be appointed, at the election of the Superintendent, either by the Florida Division of Administrative

Hearings (“DOAH”), or by the parties in the following manner: The District will offer to the parent the names of three (3)

independent persons to act as hearing officer. If the parent agrees to one (1) of the persons offered, then this person

shall be the hearing officer. If the parent rejects all names, then the parents shall offer the names of three (3) independent

persons to act as hearing officer. If the District agrees to one (1) of the persons offered, then this person shall be the

hearing officer. If the District rejects all names, then the District and parent shall each select one (1) person who will

then contact one another to agree upon a third person to act as hearing officer. The hearing shall be conducted under

the same rules of procedure and evidence as a hearing under F.S. Chapter 120, including the Uniform Rules of

Procedures. The hearing officer shall issue a recommended order containing findings of fact, conclusions of law, and a

recommended ruling on the dispute, and shall direct the recommended order to the School Board as agency head for

final agency action. The School Board shall consider the recommended order in accordance with the procedures

contained in section 120.57(l), F.S., and shall issue a final order relating to requested relief other than monetary damages

and attorney’s fees, which must be sought by the party seeking such in Federal court. Appeals of the final order instituted

by either party shall be in Federal court.

Discipline: Suspension and Expulsion

A. Introduction: When a Section 504 Accommodation Plan is developed, student behavior issues will

be discussed by the Committee, as appropriate.

B. Suspension: Schools are strongly encouraged to pursue alternatives to out-of-school suspension

for behaviors that may be related to a student’s disability under Section 504; however, out-of-school

suspension may be used if the principal determines it is appropriate. A student may only be

suspended for more than 10 days in a school year if the Section 504 Committee conducts a

manifestation determination meeting and determines that the behavior is not a manifestation of the

student’s disability.

• Drug and alcohol offenses: Under Section 504, administrators may take disciplinary action

to the same extent as is taken against nondisabled students if the student is engaged in the

use of illegal drugs or alcohol. A student who is currently engaging in the illegal use of drugs

or alcohol is not considered a student with a disability under Section 504 or the ADA.

Procedural protections of Section 504 do not apply to protect students in those

circumstances. [29 USC 705(20)(C)(iv)].

• Removal from a District Application Program (DAP): Prior to removing any student with a

disability (an IEP or a 504 plan) from a fundamental school or application program, the

school must conduct a manifestation determination review meeting regarding the student

act or acts that lead to the recommended removal to determine whether such act or acts

were a manifestation of the student’s disability. No student with a disability will be removed

from a fundamental school or application program for an act or acts that were a

manifestation of the student’s disability, although such students may be removed if such

act or acts were not a manifestation of the student’s disability.

C. Expulsion: Section 504 Eligible Student. When a student with a disability under Section 504 is

recommended for expulsion, the school Section 504 Committee for the student will conduct a

Manifestation Determination meeting. If the finding of that meeting is that the behavior is a

manifestation of the student's disability under Section 504, the student will not be recommended for

expulsion but may be considered for reassignment by the Area Superintendent. If the behavior is

not a manifestation, then the normal expulsion procedures apply. If the behavior is a manifestation,

then no expulsion will be recommended. Students awaiting expulsion hearing may be offered

educational services if the period out-of-school exceeds ten (10) days.

District Bylaws and Policy- Pinellas County Schools - Page 152 of 695

F.S. 1001.32(2), 1001.41, 1001.42, 1001.42(20), 1003.02(2), 1003.43; 29 U.S.C. 794; 34 C.F.R. Part 104

Adopted 12/9/09; Revised 6/29/10, 7/24/12, 10/14/14

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2262 - SCHOOL AGE CHILD CARE

The Superintendent shall develop and update a plan that provides for the following:

A. assignment of before/after school programs;

B. programs and services are available to all participating students both prior to the start of the regular

school day and after school. The time periods should be scheduled so that a student may participate

from the time s/he leaves a supervised environment until s/he may return to one;

C. the program emphasis is on providing educational opportunities and a variety of activities that

promote the development of children in the program;

D. adequate attention is provided to an environment that meets the needs and well-being of children;

The safety and security of students is protected. Programs ensure children are being clothed, fed,

and have an opportunity for a variety of physical activities. Policies and procedures are in place to

protect the safety of students.

E. any organization(s) contracted with to provide these programs has acquired adequate liability

insurance and is maintaining appropriate adult-child ratios, providing quality child care, and, in

general, complying with procedures established by the State and the District;

F. parents and families are notified about the program and the procedures for enrollment;

G. there is continuing assessment of the effectiveness of the program by staff, participating parents,

and other stakeholders.

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2270 - RELIGION IN THE CURRICULUM

The School Board permits teaching about religion where the curriculum guides indicate it is appropriate and when the

classroom atmosphere encourages both teachers and students to be responsible and to respect the rights of each

person.

Such teaching must foster knowledge about religion, not indoctrination into religion; it should be academic, not devotional

or testimonial; it should promote awareness of religion, not sponsor its practice; it should inform students about diversity

of religious views rather than impose one particular view; and it should promote understanding and respect rather than

divisiveness.

Procedures

The following procedures shall be applied to assist school administrators and teachers interpret and apply this policy.

Part 1: Curriculum

A. Religious instruction is the responsibility of the parents and religious institutions, but teaching about

religion is a legitimate part of a complete education on the elementary and secondary levels.

B. Teaching about religion should always operate within the context of First Amendment rights and

responsibilities. In order to ensure the activity is constitutional, its purpose and effort should be to

educate about rather than promote a religion. The activity should also avoid excessive entanglement

between school and religious organizations.

C. As a part of the curriculum, religious literature, music, drama, and the arts may be included, provided

each is intrinsic to the learning experience in the various fields of study and presented objectively.

Part 2: Religious Holidays

A. Recognition of religious holidays should be for the purpose of providing secular instruction about

religious traditions rather than promoting the particular religion involved. The study of religious

holidays may be included as elementary and secondary curricula as opportunities for teaching about

religions. Such study serves the academic goals of educating students about history and cultures

as well as about the traditions of particular religions in a pluralistic society.

B. Recognition of and information about holidays may focus on how and when they are celebrated, their

origins, histories and generally agreed-upon meanings. Teachers may not use the study of religious

holidays as an opportunity to proselytize or to inject personal religious beliefs into the discussion.

C. Provided they are used as examples of cultural or religious heritage, religious symbols are

permissible to use as teaching aids or resources. Religious symbols may be displayed on a

temporary basis as part of the academic program. Students may choose to create artwork with

religious symbols, but teachers should not assign or suggest such creations.

D. Sacred music may be sung or played as part of the academic study of music. School concerts that

present a variety of selections may include religious music. Concerts dominated by religious music,

especially when they coincide with a particular religious holiday, should be avoided. The use of art,

drama or literature with religious themes is also permissible if it serves a sound educational goal in

the curriculum, but not if used as a vehicle for promoting religious belief.

Part 3: Scheduling

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A. School scheduling should reasonably accommodate the secular effects of religious observances in

the community. The yearly school calendar should minimize conflicts with the religious holidays of

all faiths.

B. The District calendar may recognize special religious observance days when there are bona fide

secular reasons for recognizing such days. Special days beyond those specified on the calendar

may be accommodated as reasonably as possible, with students being asked to make up

assignments or examinations without loss of status or penalty.

C. Recognizing the importance of religious liberty and freedom of conscience, students may be

excused, where it is feasible, from activities that are contrary to religious beliefs. Students are

responsible for notifying school officials in advance and arranging for make-up work. Student and/or

staff members wishing to be excused from activities that are contrary to their religious beliefs may

make that request of the appropriate teacher or supervisor, within a reasonable time period to allow

accommodations to be made.

U.S. Consti. Amend. 1

District Bylaws and Policy- Pinellas County Schools - Page 156 of 695

2271 - POSTSECONDARY ENROLLMENT PROGRAMS

(1) The School Board recognizes that participation in programs offered by accredited technical centers, colleges, and

universities can add value to the education of selected high school students. To that end, the Board has established

the Pinellas Technical College (PTC), as another option for postsecondary technical and career education. For the

purpose of this Board policy on postsecondary enrollment, PTC is considered as a postsecondary institution as are

colleges and universities.

(2) The Superintendent will annually develop/revise articulation agreements jointly with postsecondary institutions to

provide a comprehensive articulated acceleration program including, but not limited to, dual enrollment, early

admission, and dual credentialing programs. The Superintendent may also authorize postsecondary enrollment

provided by an eligible college or university, including accredited independent institutions as per F.S. 1011.62(1)(i), for

programs that offer articulated postsecondary credit with specific District programs of study.

(3) The Board permits sophomores, juniors, and seniors enrolled in a District high school, who meet the criteria

established by the State, to enroll in approved postsecondary programs while in attendance in the District. Students

will be eligible to receive secondary credit for completing courses contained in any of these programs. Such credit will

count toward graduation requirements.

(4) No sophomore, junior, or senior enrolled in a District high school may enroll in dual enrollment, early admission,

and dual credentialing programs without the written consent of parents and the high school principal.

(5) The Superintendent shall establish the necessary administrative procedures to comply with State law which will

thereafter be properly communicated to both students and their parents. The Superintendent shall also establish

procedures for the awarding of credit and the proper entry on a student's transcript and other records of his/her

participation in a postsecondary program.

F.S. 1007.27, 1007.271

Adopted 12/9/09; Revised 7/26/11

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2340 - FIELD TRIPS AND OTHER DISTRICT-SPONSORED TRIPS

REGULAR FIELD TRIPS

Field trips are those school-related events for which school staff arranges transportation and ensures an appropriate

number of chaperones as stated within this policy. All trips shall be subject to prudent safety precautions and conducted

according to the rules established by the District and the school. Every effort should be made to schedule field trips

without interrupting other school functions.

APPROVAL REQUIREMENTS

A. Day trips to sites listed on the School Board-approved field trip list must be approved by the principal

at least two (2) weeks prior to the activity.

B. Trips to sites not listed on the above-mentioned list, or any trip lasting more than one (1) day even if

on the list, require that the “Application For Field Trip Not On the approved List” form and a “Field

Trip Information Sheet” with a detailed itinerary be approved by the principal and the Area

Superintendent at least four (4) weeks before the trip. The approval for trips must be secured before

the teacher makes plans with students or parents. Overnight trips should be scheduled on weekends

or non-school days if possible.

C. Trips of more than one (1) day must be approved by the subject supervisor before submission to the

Area Superintendent.

D. All necessary approvals must be secured before any trip-related fundraising occurs.

E. Florida High School Activities Association (FHSAA) and Florida School Music Association (FSMA)

events are governed by the rules and regulations of those organizations. For FHSAA athletic

competitions and FSMA evaluation festivals the field trip forms referred to above are not required.

GENERAL GUIDELINES FOR FIELD TRIPS

A. All field trips must be conducted under the supervision of a certificated Board employee.

B. A chaperone who is not a Board employee must be registered in the online Volunteer System as an

approved volunteer before the field trip. As part of the volunteer registration process, a background

check will be completed. The background check process requires a two (2) week prior notification.

A student may not be a chaperone.

C. All students participating in school-sponsored field trips shall be counted as present (computer code

2) for attendance purposes.

D. No student may be excluded from a field trip because of an inability to pay the cost of admission or

other related expense.

E. All monies collected in connection with a field trip must be processed by prescribed internal auditing

procedures and Board policy.

F. If a special invitation is extended to a group, the letter of invitation should be attached to the required

form(s) for field trip approval. Letters of invitation from travel agencies are not acceptable.

G. Chaperone ratio shall be one (1) for every ten (10) students unless the field trip is such that the

principal or Area Superintendent require more chaperones.

H. Field trips should be made by bus whenever possible. If using a commercial carrier, only companies

on the Authorized Carriers List published by risk management shall be used.

District Bylaws and Policy- Pinellas County Schools - Page 158 of 695

I. Amusement rides are not approved on a school day during school hours except as approved by the

Superintendent or designee.

J. No student drivers are allowed for out-of-county trips except as authorized by the school

administrator, and with parental consent and release of liability.

K. No drivers under eighteen (18) years of age are permitted when transportation is provided or

arranged by the School District with the following exception: Students who have a valid Florida

license and are at least seventeen (17) years of age may transport other students to school events

on a case-by-case basis with the prior approval of the school administrator. The parents or guardians

of students being transported in this manner must be notified that a student will be driving and must

give written permission.

L. No recreational trips to beaches or other bodies of water are permitted.

M. Personnel attending field trips must log out at the school and submit Temporary Duty Elsewhere

form if payment of substitute teachers is involved.

N. No children may attend a field trip unless they are part of the group for whom the trip was arranged

unless approval is given in advance, in writing, by the principal. Any costs incurred will be paid by

the parent/guardian. This inclusion is discouraged.

O. Refer to risk management’s “Field Trips, Sporting Trips, and School Activities Guide” which includes

guidelines regarding use of private vehicles.

P. If an overnight trip includes boys and girls, there must be sufficient male and female chaperones.

Q. Students are responsible for making up any class work missed during a field trip.

R. A list of all participating students and chaperones shall be on file with the principal.

S. Detailed itinerary for trips of more than one (1) day must include time leaving, all stops for meals, all

activities, returning time, lodging addresses and phone numbers. The principal, Area

Superintendent, each parent, and each student is to receive a copy of the itinerary.

T. The District “Field Trip Permission” form signed by the parent or guardian must be on file before a

student may participate in a field trip.

U. Insurance documentation for all drivers must be on file before the trip, as required by the risk

management department. This includes name of driver, name of insurance company, and/or copy

of driver’s current insurance card.

V. The school shall verify insurance coverage for students when required by Policy 2431

W. Personnel designated by the principal to assist students in the administration of prescribed

medications when on field trips shall be trained by the school nurse.

BAND, ORCHESTRA AND VOCAL GROUPS

Band, orchestra, and vocal trips are subject to regular field trip guidelines as outlined in this policy. The field trip forms

referred to above are not required for FSMA evaluation festivals.

TOURS AND INSTRUCTIONAL TRAVEL STUDY PROGRAMS

A. Authorized tours are those activities sponsored by the schools which have both educational and

recreational value to the students. Student participation in tours must be during a time when school

is not in regular session.

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B. All school-sponsored tours shall be approved by the building principal and the Superintendent, or

designee, at least two (2) months in advance of the tour. The request shall include objectives,

itinerary, plans, budget, and method of financing.

C. A faculty sponsor shall accompany a school tour group and assume responsibility for the proper

conduct of all students on tour. The appropriate number of adult supervisors shall be determined by

the Superintendent or designee. Tours shall be conducted according to Board policies.

D. The faculty sponsor shall file a complete evaluation report with the building principal within one (1)

week following a tour, and this report shall indicate how the educational objectives of the tour were

accomplished as well as any unusual occurrences.

E. School-sponsored tours shall not be financed with school system funds. The method of soliciting

funds for tours shall be approved by the principal, in accordance with Board policies and procedures.

F. Each student shall obtain a written consent form duly executed by the parent or guardian, which shall

be submitted to the principal prior to participating in the tour.

G. Board employees shall not receive compensation from travel agencies or private organizations

involved with the tour, with the exception that free passage and other related expenses may be

granted for supervisory duties.

H. Travel study programs are those class and student organization activities planned cooperatively by

students and faculty and shall be viewed as school-sponsored activities. Student participation shall

be voluntary. Students who do not participate shall not be adversely affected in terms of their course

requirements, grades, or eligibility to participate in other activities of the class or group.

I. Travel agencies or other private organizations promoting travel study trips shall not be permitted

access to the school to promote or enroll students for privately sponsored travel study programs and

trips.

ACTIVITIES (NON-ATHLETIC)

A. An activity is a school related event for which the school does not arrange transportation, e.g. award

banquets, distributive education transportation to work sites, Student Rights and Responsibilities

meetings. This statement does not apply to FHSAA competitive athletic events.

B. All school functions and related activities must be approved by the principal. The principal is

responsible for insuring adequate supervision at the activity. School staff will be present, but the

one (1) to ten (10) ratio of chaperones to students will not be provided.

C. For an activity, the field trip forms referred to above are not required.

HIGH SCHOOL ATHLETIC PROVISIONS

A. Admission fees for all athletic activities shall be as prescribed by the athletic conference in which the

school holds memberships.

B. At all interscholastic athletic events, faculty members of participating schools shall be provided free

admission.

C. All interscholastic practice activities shall be conducted after school. Practice sessions shall not

interfere with or take the place of the regular class schedule of the athletes.

D. Transportation will be provided for students as determined by the principal with approval of the

Director of Pre K-12 Extra-Curricular Student Activities. If school officials arrange transportation,

provisions stated above in this policy shall apply. If the school does not provide transportation it shall

be the responsibility of the student athletes to provide their own transportation.

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E. Athletic competitions are subject to regular field trip guidelines as outlined in this policy. The field

trip forms referred to above are not required for FHSAA athletic competitions. In lieu of the "Field

Trip Permission" form, the High School Activities Participation Form signed by the parent or guardian

must be on file before a student may participate in FHSAA athletic competitions.

OUT-OF-STATE ATHLETIC TEAM/CHEERLEADING SQUAD TRAVEL

The following shall apply to athletic teams and cheerleading squads traveling out-of-state or to national competitions:

A. Students who are members of, or who are attached to, the team or squad shall not miss more than

one (1) school day.

B. Neither the principal's discretionary budget nor the centralized athletics' budget may be used to fund

the out-of-state travel.

C. Only varsity athletic teams and varsity cheerleading squads may travel out-of-state.

D. All cheerleading squads qualifying for national competition will be allowed to compete on a national

level in competition approved by the Director of Pre K-12 Extra-Curricular Student Activities and will

be exempt from item "A" above.

F.S. 1001.43

Adopted 12/9/09; Revised 7/27/10, 7/26/11, 6/12/12, 9/11/12, 9/10/13, 7/28/15

District Bylaws and Policy- Pinellas County Schools - Page 161 of 695

2410 - SPECIAL SERVICES

Health Services

The School Board shall cooperate with the county health department in providing professional medical supervision in all

school health matters as required by the School Health Services Act F.S. 381.0056. The school health services plan is

jointly developed by the County Health Department (CHD), the Local School District (LSD), the School Health Advisory

Committee (SHAC), and approved by the Board. The provision of basic school health services is mandated by:

(1) School Health Services Act, F.S. 381.0056; (2) F.A.C Chapter 64F-6.001 - .006; (3) administration of medication,

F.S. 1006.062; (4) provision of medical services, F.S. 1006.062; (5) immunization against communicable diseases, F.S.

1003.22; (6) school-entry health examinations, F.S. 1003.22; (7) k-12 student and parent rights, F.S. 1002.20; and (8)

student records and reports, F.S. 1002.22.

The School Health Services Manual, the Code of Student Conduct, and the Emergency Guidelines for Schools should

be used as a reference. The School Health Services res

is incorporated by reference in Policy 5330.

The School Health Services Plan is mandated by the School Health Services Act, F.S. 381.0056, and provides an

organized system for planning and reporting on all school health services. This plan is collaboratively developed by the

County Health Department (CHD), the Local School District (LSD), and local SHAC and to include a process for data

collection by which the program can be evaluated. The plan is to include but not necessarily be limited to:

A. the periodic review and maintenance of student health records for compliance with State statutes;

B. monitoring compliance with State statutes, including school-entry health examinations, compulsory

immunization for school entry;

C. processes to ensure parental notification of services provided, including vision, hearing screenings,

height and weight (BMI), dental screenings, etc.;

D. health education included in curriculum;

E. monitoring compliance with School District wellness plan to promote activities that improve nutrition

and increase physical activity;

F. processes to ensure linkages with community partners to assure referral resources for failed

screenings and suspected or confirmed health problems;

G. procedures to assist students in the administration of medication while in school;

H. guidelines for provision of various health procedures or emergency care to students;

I. health in-service to schools and resource persons for individual and/or group-related health issues.

Mental Health Services

Mental health counseling services, case management services, and human and social services may be provided to

students at a school site by qualified school professional staff or under mutual agreements with community-based public

or private agencies. Each service provided shall be on a case-by-case basis with prior written approval of the student's

parent or guardian.

The schools shall provide, when appropriate, to children and families information on referral sources for professional

mental health services for children and families in need of such services.

F.S. 381.0056, 1003.22

Adopted 12/9/09; Revised 1/10/12

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2411 - GUIDANCE AND COUNSELING

The School Board requires that a planned program of guidance and counseling be an integral part of the educational

program of the schools. Such a program must be found in the District's Comprehensive Guidance/Counseling Plan and

may:

A. assist students in achieving their optimum growth;

B. enable students to obtain maximum benefit from the offerings of the instructional program of the schools;

C. aid students in identifying options and making choices in vocational and academic planning;

D. help integrate all the students' experience so that s/he can better relate school activity to life outside the school;

E. help students learn to make their own decisions and solve problems independently.

A program of guidance and/or counseling shall be offered to all students and shall include the services of professional

guidance/counselor personnel and other designated faculty and staff members and appropriate members of the

community.

The Superintendent is directed to implement the adopted counseling and guidance program which carries out these

purposes and:

A. involves appropriate staff members at every level;

B. honors the individuality of each student;

C. is integrated with the total educational program;

D. is coordinated with available resources of the community;

E. provides means for such sharing of information among such appropriate staff members as may be in the best

interests of the student;

F. is available equally to all students;

G. establishes a referral system which utilizes all the aid the schools and community offer, guards the privacy of

the student, and monitors the effectiveness of such referrals.

2412 - HOMEBOUND INSTRUCTION PROGRAM

Pursuant to rules of the State Board of Education, the District will provide instruction to students who are homebound or

hospitalized. An eligible student has a medically diagnosed physical or psychiatric condition which is acute or

catastrophic in nature, or a chronic illness or a repeated intermittent illness due to a persisting medical problem, which

confines the student to home or hospital and restricts activities for an extended period of time.

The medical diagnosis shall be made by a licensed physician who shall certify that the patient:

A. is confined to home or hospital;

B. is expected to be absent from school due to a physical or psychiatric condition for at least fifteen (15) consecutive

school days or the equivalent on a block schedule;

C. has a chronic condition and is expected to be absent for at least fifteen (15) school days or the equivalent on a

block schedule which will not run consecutively;

D. will be able to participate in and benefit from an instructional program;

E. can receive an instructional program without endangering the health and safety of the instructor or other student

with whom the instructor may come in contact;

F. is in kindergarten through twelfth grade and is enrolled in public school prior to the referral for homebound or

hospitalized services or is enrolled in a pre-kindergarten ESE program;

G. is under medical care for illness or injury which is acute, catastrophic, or chronic in nature;

H. a parent, guardian, or primary caregiver signs parental agreement and cooperation.

Following the determination of eligibility for homebound or hospitalized services, an Individual Educational Plan (IEP) is

developed to specify the services to be provided.

The program of homebound instruction given each student shall be in accordance with rules of the State Board of

Education. Procedures for the implementation of this program may be found in the

Exceptional Student Education

Policies and Procedures. Teachers shall hold a Florida teaching certificate appropriate for the level of instruction for

which the assignment is made.

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F.S. 1003.01, F.A.C. 6A-6.03020

District Bylaws and Policy- Pinellas County Schools - Page 164 of 695

2414 - ACCREDITATION

The goal for all District schools is full accreditation under applicable State standards. In addition, all senior high schools

will meet accreditation standards as set forth by the Southern Association of Colleges and Schools. Postsecondary

schools will meet the accreditation standards as set forth by the Southern Association of Colleges and Schools.

Postsecondary schools will meet the accreditation standards set forth by the Council on Occupational Education. It shall

be the responsibility of the school principal to inform the Superintendent at any time a school may be in danger of not

receiving such full accreditation.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43

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2416 - STUDENT SURVEY ADMINISTRATION AND PARENTAL ACCESS TO INFORMATION

(1) The purpose of this policy is to comply with the Federal law for the collection and reporting of certain information by

means of student surveys. The information that will be collected relates to student attitudes and behaviors on topics

such as school safety, substance use and the prevalence of risky attitudes or behaviors, particularly with respect to

alcohol and drug abuse. In addition, these surveys also collect information on general health practices and human

sexuality. Such information is collected anonymously, and no personally identifiable information is obtained from or

reported on any individual student. The District cooperates with other agencies such as the Florida Department of Health

in conducting these surveys.

(2) All student surveys must be approved by the Department of Research and Accountability.

(3) Parents will be notified of upcoming surveys that reveal information concerning one (1) or more of the following

items:

(a) political affiliations or beliefs of the student or the student’s parent;

(b) mental and psychological problems of the student or the student’s family;

(d) illegal, anti-social, self-incriminating, or demeaning behavior;

(e) critical appraisals of other individuals with whom respondents have close family relationships;

(f) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

(g) religious practices, affiliations, or beliefs of the student or student’s parent;

(h) income (other than that required by law to determined eligibility for participation in a program or before receiving

financial assistance under such program).

(3) Participation Voluntary: No student shall be required to participate in such a survey if the student or the student’s

parent, if the student is less than eighteen (18) years of age, objects to participation.

(4) Right to Inspect

(a) A student or the student’s parent, if the student is less than eighteen (18) years of age, has the right to inspect

any such survey instrument before the survey is administered or distributed to students if a request is made within a

reasonable period of time. Parents also have the right to be advised of arrangements that will be made to protect student

privacy.

(b) Student survey instruments and teacher directions for administering the survey will be available at each

participating school within a reasonable period of time prior to the survey administration.

curriculum of the student or used in a research or experimentation program in which the student is engaged. The parent

will have access to the instructional material within a reasonable period of time after the request is received by the

building principal.

(5) Notification of Parents: Parents will be notified of this policy annually at the beginning of the school year and within

a reasonable period of time if any substantive change is made to this policy. Such notice shall include the specific or

approximate dates during the school year when any such survey will be administered.

F.S. 1000.21(5), 1001.32(2), 1001.41, 1001.42, 1001.43, 1002.22

20 U.S.C. 1232g

Adopted 12/9/09; Revised 7/26/11

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2417 - HUMAN SEXUALITY CURRICULUM

The Superintendent shall recommend to the School Board a comprehensive elementary and secondary human sexuality

curriculum which shall be abstinence-based. The Superintendent shall establish the Family Life Education Committee

to oversee the delivery of instruction related to human sexuality, drug-use prevention, and mental health curriculum.

Membership of the Family Life Education Committee shall consist of District staff with expertise in human sexuality

education, community health leaders, school based administrators and teachers, and parent representatives.

Parents shall be notified in advance of human sexuality content and shall be given a chance to preview content prior to

student instruction. Parents may exempt their student from part of or the entire human sexuality curriculum by written

request to the principal.

F.S. 1003.42, 1003.46

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2421 - VOCATIONAL/TECHNICAL EDUCATION PROGRAM

The School Board recognizes that education is a function of both knowledge and the application of knowledge.

Education that ties abstract ideas to practical applications also prepares students to use their minds, as well as preparing

them to be citizens, parents, and members of a civilized culture. Vocational/Technical education and academic

education are complementary, rather than exclusive.

For the purposes of this policy, "vocational/technical education" shall be defined as a program designed to provide career

and technical education experiences. These experiences will complement and reinforce academic concepts that are

particularly amenable to contextualized learning in a distinct career area and provide occupationally specific skills.

The Board shall provide a vocational/technical education program that includes, but is not limited to:

A. job preparatory courses designed to provide students with the competencies necessary for effective entry into

an occupation;

B. exploratory courses designed to give students initial exposure to skills and attitudes associated with a broad

range of occupations in order to assist them in making informed decisions regarding their future academic and

occupational goals;

C. practical arts courses designed to teach students practical generic skills which, although applicable in some

occupations, are not designed to prepare students for entry into an occupation;

D. career education instruction which is designed to strengthen and integrate basic academic skills and

vocational/technical skills;

E. accelerated vocational/technical programs such as vocational dual enrollment designed to enable high school

students to earn elective credit toward graduation and postsecondary credit toward an A.S. degree or a technical

certificate.

Any effort to recruit students to participate in a particular vocational/technical program shall follow applicable State and

Federal laws regarding provision of information.

The Board recognizes the value of providing students with actual workplace experiences as part of their preparation for

productive employment and appreciates the cooperation of local employers in accommodating such education and

training activities at their places of business.

The Board authorizes the Superintendent to develop workplace education and training programs as part of the

vocational/technical education curriculum, which may include the establishment of career and technical academies as

research based programs that integrate a rigorous academic curriculum with an industry-driven career curriculum.

Multiple academies may be established in accordance with Florida statutes. Each academy must:

A. provide a rigorous standards-based academic curriculum integrated with a career curriculum;

B. include one or more partnerships with postsecondary institutions, business, industry, employers, or other

appropriate partners;

C. provide creative and tailored student advisement;

D. provide instruction in high growth, high demand, and high pay careers;

E. provide instruction resulting in competency, certification, or credentials;

F. include an evaluation plan developed jointly with the Department of Education.

The Board authorizes the Superintendent to develop Centers of Excellence that are specifically tailored to allow students

opportunities to earn high school and postsecondary credit, achieve recognized industry certification, and address local

economic development needs as identified by local workforce board.

Cooperative education programs are available to high school students without regard to race, color, national origin,

gender, sexual orientation, age, or disability. The Superintendent is to ensure that application forms for cooperative

education programs contain a notice of nondiscrimination. The notice of nondiscrimination shall be part of the application

forms provided to employers.

Procedures for program operation in accordance with applicable labor laws are incorporated in the Florida Department

of Education, Curriculum Frameworks, and Student Performance Standards.

District Bylaws and Policy- Pinellas County Schools - Page 168 of 695

F.S. 450.081, 1001.42, 1003.01, 1003.493;

29 U.S.C. 201-219

F.A.C. 6A-6.301 through 6A-6.371, 6A-6.672, 6A-14.37

District Bylaws and Policy- Pinellas County Schools - Page 169 of 695

2421.01 - STUDENTS AS TRAINEES

The School Board recognizes the value of providing students with experiences as part of their preparation for productive

employment and appreciates the cooperation of local employers in accommodating such training activities at their places

of business.

The Board authorizes the Superintendent to develop work-site training programs as part of the vocational education

curriculum. S/He shall develop administrative procedures whereby all such programs are reviewed to determine whether

or not an employer relationship has been established according to criteria established by the Supreme Court in

adjudicating cases related to the Fair Labor Standards Act. Particular attention should be paid to community-based

programs for special education students and to vocational education programs in which students are producing goods

or services for sale and the District is the recipient of the income therefrom.

F.S. 1001.42

F.A.C. 6A-6.055

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2423.01 - CAREER AND PROFESSIONAL EDUCATION

The Florida statutes require each district school board to develop a five (5) year strategic plan that meets local and

regional work force demands through the establishment of at least one (1) Career and Professional Academy. The

strategic plan shall be developed in collaboration with local workforce boards and postsecondary institutions approved

to operate in Florida.

The Board expects career and professional academies offered in the District to provide rigorous and relevant career-

themed courses that articulate to postseconday-level coursework and provide students with the opportunity to receive a

standard high school diploma, the opportunity to earn industry certification, the opportunity to attain the Florida Gold

Seal Vocational Scholars award, and the opportunity to earn postsecondary credit.

The Board encourages the Superintendent to forge partnerships with local businesses in the development of career and

professional academies. These partnerships will help prepare students for the State's workforce needs, as well as help

attract, expand, and retain targeted, high-value industry and jobs in the community.

A Florida Ready to Work Credential and portfolio will be awarded to students upon successful completion of the

instruction. Each portfolio must delineate the skills demonstrated by the student as evidenced by the student's

preparation for employment. A student shall also be awarded a Florida Ready to Work Credential who successfully

passes assessments in Reading for Information, Applied Mathematics, and Locating Information or any other

assessments of comparable rigor. Each assessment is scored on a scale of three (3) to seven (7) and a student receives

a level of credential based on the score they receive. A bronze-level credential requires a minimum score of three (3)

or above on each of the assessments, a silver-level credential requires a minimum score of four (4) or above on each of

the assessments, and a gold-level credential requires a minimum score of five (5) or above on each of the assessments.

The District's career and professional academies should increase student academic achievement and graduation rates

through integrated academic and career curricular. The District's existing career education courses may serve as a

foundation for the creation of an academy. Each career and professional academy must:

A. provide a rigorous standards-based academic curriculum integrated with a career curriculum;

The curriculum must take into consideration multiple styles of student learning; promote learning by

doing through application and adaptation; maximize relevance of the subject matter; enhance each

student's capacity to excel; and include an emphasis on work habits and work ethics.

B. include one (1) or more partnerships with postsecondary institutions, businesses, industry,

employers, economic development organizations, or other appropriate partners from the

local community;

Such partnerships shall be delineated in articulation agreements to provide for career-based courses

that earn postsecondary credit.

C. provide, shared, maximum use of private-sector facilities and personnel;

D. provide personalized student advertisement, including a parent participation component, and

coordination with middle schools to promote and support career exploration and education planning;

E. promote and provide opportunities for career and professional academy students to maintain, at a

minimum, the Florida Gold Seal Vocational Scholars award;

F. provide instruction in career designated as high growth, high demand, and high pay by the local

workforce development board, the chamber of commerce, or the Agency for Workforce Innovation;

G. deliver academic content through instruction to the career, including intensive reading and

mathematics intervention with an emphasis on strengthening reading for information skills;

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H. offer applied courses that combine academic content with technical skills;

I. provide instruction resulting in competency, certification, or credentials in workplace skills, including,

but not limited to, communication skills, interpersonal skills, decision making skills, the importance

of attendance and timelines in the work environment, and work ethics;

J. provide opportunities for students to obtain the Florida Ready to Work Certification;

K. include an evaluation plan developed jointly with the Department of Education and the local

workforce board;

L. include a plan to sustain career and professional academies;

M. redirect appropriated career funding to career and professional academies.

An adult student who is enrolled in an apprenticeship program that is registered with the Department of Education in

accordance with F.S. Chapter 446, Job Training, is exempt from the provisions of F.S. 1004.91 relating to career

preparatory instruction.

F.S. 446 et seq., 1003.4156, 1003.428, 1003.491, 1003.492, 1003.493, 1004.91

F.S. 1004.99, 1009.536

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2424 - STUDENT INTERNSHIPS

The School Board supports the concept that student participation in an internship program serves as a positive

educational experience. This program may lay the foundation for future employment opportunities. The Board

appreciates the cooperation of local employers in providing opportunities at their local businesses for internship

opportunities involving students. In order for high school student participation to occur, the following requirements must

be met:

A. A student intern candidate must be in the ninth, tenth, eleventh, or twelfth grade.

B. The student must have a minimum weighted grade point average of 2.0.

C. Internships must be consistent with the career goals of each student participant.

Employment as a student intern is not employment for purposes of unemployment compensation.

Any employees or contractual personnel of an employer who have direct unsupervised access to student interns shall

be subject to the Level II background screening requirements as described in Board Policy 8475

. The cost of the State

and National criminal history check required by Level II screening shall be borne by the employer.

F.S. 1003.496

2430 - DISTRICT-SPONSORED CLUBS AND ACTIVITIES

The School Board believes that the goals and objectives of this District are best achieved by a diversity of learning

experiences, including those that are not conducted in a regular classroom but are directly related to the curriculum.

The purpose of curricular-related activities shall be to enable students to explore a wider range of individual interests

than may be available in the District's courses of study but are still directly related to accomplishing the educational

outcomes for students as adopted by the Board.

For purposes of this policy, curricular-related activities are defined as those activities in which:

A. the subject matter is actually taught or will be taught in a regularly offered course;

B. the subject matter concerns the District's composite courses of study;

C. participation is required for a particular course.

No curricular-related activity shall be considered to be under the sponsorship of this Board unless it meets one or more

of the criteria stated above and has been approved by the Superintendent.

Such activities, along with extra-curricular activities (not directly related to courses of study), may be conducted on or off

school premises by clubs, associations, and organizations of students sponsored by the Board and directed by a staff

advisor.

The Board shall allow nondistrict-sponsored, student clubs and activities during noninstructional time, in accordance

with the provisions in Policy 5730

-- Equal Access For Nondistrict-Sponsored, Student Clubs and Activities.

F.S. 1006.15

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2430.01 - SPECIAL PROGRAMS BY COMMUNITY VOLUNTEERS

The School Board believes in providing opportunities for students to enhance their education through a variety of

appropriate co-curricular and extra-curricular activities. The Board recognizes that the community itself can be an

excellent resource for such activities and welcomes the participation of community members who have special

knowledge and skills that can add to the District's program.

In order to ensure that activities recommended by or involving community volunteers in an instructional role are in

keeping with District philosophy and will help students better accomplish the learning goals of the District's program, the

Superintendent shall establish procedures for the approval of any activity involving community volunteers. All volunteers

are subject to a background check by the District.

F.S. 1012.01(5)

2430.03 - MENTORING PROGRAM

The School Board believes that a mentoring program, whereby a caring adult provides guidance for an individual student,

is an effective strategy to help students perform better in school. Therefore, principals or their designee are authorized

to contact local businesses and governmental agencies to recruit mentors. Furthermore, employees of the District are

encouraged to volunteer as a mentor.

Individuals who volunteer to serve as a mentor will receive training in that role which is approved or conducted by the

Office of Strategic Partnerships. All community mentors are subject to a background check by the District.

Any staff member who volunteers to serve as a mentor may be released from his/her duties for up to one (1) hour per

week to mentor a student to whom s/he has been assigned. Released time for mentoring shall be approved by the

employee's supervisor and shall be scheduled at a time that does not prevent the employee from performing the essential

functions of his/her assignment.

F.S. 1012.01(5)

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2431 - INTERSCHOLASTIC ATHLETICS

The School Board recognizes the value to the students of the District and to the community of a program of

interscholastic athletics for students as an integral part of the total school experience. The Board expects that

sportsmanship, ethics, and integrity characterize the manner in which the athletic program is conducted and the actions

of students who participate.

Except as otherwise provided in State law, no K-12 student shall be assessed fees, fines, or charges as a condition for

enrollment.

Athletic programs shall be under the control of the school principal. All students shall be subject to all Board rules and

to the Code of Student Conduct while attending athletic events and practices.

For purposes of this policy, the program of interscholastic athletics shall include all activities relating to competitive sport

contests, games, events, or sport exhibitions involving individual students or teams of students.

All high schools shall be members of the Florida High School Athletic Association and shall be governed by rules and

regulations of said organization.

The Board shall determine the standards of eligibility to be met by all students participating in the interscholastic program.

Such standards shall require that each student be in good physical condition, be free of injury, and have fully recovered

from illness before participating in any interscholastic athletic event. Students shall comply with the eligibility

requirements established by State statute, the Florida High School Athletic Association, and Board policy and procedures

established by the Superintendent.

Accident Insurance

Pursuant to Policy 8760

, the purchase of accident insurance is required, whether or not the student is covered by any

other accident or medical insurance.

Parental Permission

No student shall engage in practice or participate in any interscholastic game without the written permission of the

student's parent(s) or legal guardian being on file.

Volunteer Medical Personnel

Pursuant to F.S. 768.1355, Florida Volunteer Protection Act, licensed medical personnel who act as volunteers for school

events and agree to render emergency care or treatment shall be immune from civil liability for treatment of a participant

in any school-sponsored athletic event, provided such treatment was rendered in accordance with acceptable standards

of practice and was not objected to by the participant.

F.S. 768.1355, Florida Volunteer Protection Act

F.S. 1001.16, 1006.15, 1006.20

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2440 - SUMMER EXTENDED LEARNING PROGRAM

The School Board may conduct a summer program of academic remediation in Math, English, Science, and Social

Studies at the K-12 level, for resident students of this District, and other students as approved. In addition to the remedial

summer program, the District may choose to implement summer enhancement programs, contingent upon Board

approval.

Summer school instruction shall be designed to provide opportunities for students to make up courses in which they

received a "D" or "F", and provide appropriate services for drop-out prevention students.

F.S. 1001.43

2451 - DROPOUT PREVENTION SERVICES

The School Board recognizes that the regular school program may not be appropriate for all students and that certain

students may need special programs to help them overcome attendance, academic, and/or behavioral problems.

Students eligible to receive services through the Department of Juvenile Justice, Department of Children and Families,

and Teenage Parent Program shall be provided an appropriate program of instruction and Exceptional Student

Education services in residential and non-residential facilities. The Board shall make provisions for each student to

participate in regular, vocational, and exceptional student programs as appropriate.

The Board authorizes the Superintendent to provide dropout prevention services for students who, in the opinion of the

Superintendent, will benefit from this educational option. Participation in an alternative program or services does not

exempt the student from adherence to school attendance rules or the Code of Conduct.

F.S. 1003.01, 1003.52, 1003.53, 1003.54, 1006.13

F.A.C. 6A-6.0524

F.A.C. 6A-6.0527

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2460 - EXCEPTIONAL STUDENT EDUCATION

The School Board, as an expression of its commitment to provide a free, appropriate, public education for students with

disabilities in accordance with State and Federal laws, rules, and regulations, has developed and will implement

Exceptional Student Education Policies and Procedures.

Effective Dates: 2017-2018 through 2019-2020 (formerly

named the Policies and Procedures for the Provision of Specially Designed Instruction and Related Services for

Exceptional Students), as approved July 31, 2001 and amended September 21, 2004, October 25, 2005,

November 13, 2007, September 23, 2008, March 15, 2011, April 22, 2014, April 14, 2015, April 12, 2016, August 22,

2017, and September 11, 2018, is hereby incorporated by reference). This document provides administrative

procedures for Exceptional Student Education Programs and shall be revised at the direction of the Florida Department

of Education, readopted by the Board, and submitted to the Florida Department of Education for approval.

F.S. 1001.41, 1001.42, 1003.01(3)(a), 1003.57

F.A.C. 6A-6.3411

34 C.F.R. 300.520

Adopted 12/9/09; Revised 3/15/11, 4/22/14, 4/14/15, 04/12/16, 8/22/17, 9/11/18

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2470 - EDUCATION OF ENGLISH LANGUAGE LEARNERS (ELLs)

(1) Identification, Placement, Scheduling, Grading, and Retention of English Language Learners

(a) Identification: Students will be identified based on a Home Language Survey completed at the time of their

registration for school. Students will be tested to determine English language proficiency levels. A student’s score on

the district’s oral/aural proficiency test determines language proficiency classification for students in grades K-1.

Students in grades 2-12 will also be assessed in reading and writing. All assessments shall be administered and

scored by trained district staff.

(b) Placement: When ELLs enroll in Pinellas County Schools, the principal shall have the authority to place them

at the grade level most appropriate for them based on their age, maturity, and previous academic experience.

allow teachers to direct their instruction to the students' level of language proficiency.

(d) Grading: Academic performance of ELLs must be monitored and evaluated against grade level standards.

Since many ELLs do not understand, speak, read, or write English very well, an "adjustment period" of up to two years

shall be allowed. Each student classified as an ELL shall be graded based on his/her academic progress at his/her

level of English proficiency. The teacher must document that accommodations and strategies of instruction and

assessment were employed which allowed the student to demonstrate progress in the achievement of the benchmarks

and grade level expectations. A grade of “Unsatisfactory”, “D,” or “F” may only be assigned to an ELL if he/she

received appropriate accommodations and strategies in instruction and assessment and the student demonstrated no

progress toward achieving the standards and grade level expectations at his/her level of English proficiency. ELLs

are required to participate in and demonstrate mastery of the general curriculum, and the teachers are required to

implement and document the individualized accommodations in providing the comprehensible instruction, equal in

amount, scope, sequence, and quality to that provided to native speakers of English and aligned with the Florida

Standards benchmarks and grade level expectations, course descriptions, and district curriculum frameworks. No

alternative grading system shall be established for ELLs.

(e) Retention: ELLs shall not be retained solely on the basis of their limited English language proficiency. This

exemption may only occur on an individual basis and as a result of a decision made by the school’s ELL Committee.

The ELL Committee must meet to make the appropriate decisions regarding the retention of an ELL. ELLs shall not

be retained if instructional strategies, materials and assessment have not been modified and modifications

documented to meet their needs. ELLs must be provided with comprehensible instruction appropriate for his/her level

of English proficiency and equal, in amount, sequence and scope as that provided to non-ELLs.

1. Third grade ELLs receiving English for Speakers of Other Languages (ESOL) services for two (2) years or

less, starting with the Date of Entry into U.S. School (DEUSS): ELLs who have been receiving ESOL services for two

years or less starting with the DEUSS, with deficiencies in reading, writing, math, or science, shall be exempt from

mandatory retention for “good cause” as defined by Section 1008.25, F.S. According to research, the ELLs will master

these skills at different rates.

2. ELLs receiving ESOL services for more than two (2) years: ELLs, who have been receiving ESOL services

for more than two years with deficiencies in reading, writing, math or science, must meet the grade-appropriate

performance levels and requirements, in accordance with the SB 1642 (2014). ELLs who have been retained or

identified as not meeting State or District expectations for proficiency in reading in kindergarten or for proficiency in

reading, writing, mathematics, or science in grades 1- 5 are required to have an individual Progress Monitoring Plan

(PMP) addressing the ELLs’ academic and linguistic needs. ESOL modifications must have been made and

documented. The Progress Monitoring Plan demonstrates that the ELLs have been provided with the opportunity to

attain the Florida Standards benchmarks through comprehensible instruction. ELL students not meeting the grade-

appropriate performance levels and requirements may be considered for retention. The school's ELL Committee must

convene when considering retention of an ELL. The ESOL Compliance procedures available on Moodle

(moodle.pcsb.org) detail the appropriate procedures and considerations when convening the ELL Committee to

discuss retention of an ELL.

(f) Records: Students who enter Pinellas County Schools must have records of previous schooling unless

students are refugees from war zones. Credits shall be counted from the day of enrollment in Pinellas County Schools.

Requirements shall not be retroactive.

(2) Requirement for Classification, Reclassification, and Post Reclassification

(a) Students are classified as ELLs using the appropriate assessment instruments approved by the State of

Florida and adopted by the School District of Pinellas County.

(b) These students may later be reclassified as English proficient using grade-level appropriate and state-

approved criteria, procedures, and standards.

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years shall follow to ensure academic success.

(d) If the ELL Committee determines a lack of academic progress during the two-year monitoring period, the

student may be reclassified as an ELL.

(3) English Language Learner Committee

(a) Every school with ELL students must have in place a functioning ELL Committee that serves as an advisory

group and is responsible for making recommendations regarding the education of ELLs that include but are not limited

to: eligibility, retention, alternative educational programming, educational interventions for current or former ELL

students, continuation of, or exit from, ESOL services after three (3) years, and every year thereafter.

(4) Equal Access to Appropriate Programming for ELLs

(a) Equal access to appropriate programming shall include both access to intensive English language

development and instruction in core subject areas of language arts/English, reading, math, science, social studies, and

computer literacy.

(b) Every ELL in the Pinellas County School District shall have equal access to any and all programs and courses

available in the school district. These shall include, but shall not be limited to exceptional student education, including

gifted, career and technical education, alternative education and dropout prevention.

(5) Training Requirements for Teachers and School-Based Administrators

(a) Instructional and school-based administrative personnel must have approved ESOL training as defined in Rule

6A-6.0907, FAC, in the following categories:

1. Category I: Category I consists of elementary education teachers, teachers of primary language

arts/English, developmental language arts, intensive reading, and reading. These teachers must obtain an ESOL

Endorsement by completing 15 semester hours or 300 in-service credit points. In the alternative, a teacher with basic

subject area coverage may obtain certification in K – 12 ESOL coverage by obtaining a bachelor’s or master’s degree

in TESOL, or by achieving a passing score on the ESOL Subject Area Test and earning 120 hours/points in ESOL

within three (3) years of passing the ESOL Subject Area Test.

2. Category II: Category II consists of teachers of math, science, social studies, and computer literacy. These

teachers must complete 60 in-service credit points or 3 semester hours of approved ESOL training.

3. Category III: Category III consists of teachers and instructors of all other subjects not included in

Categories I or II. These teachers must complete 18 in-service credit points or 3 semester hours of approved ESOL

training.

4. Category IV: Category IV consists of school-based administrators and guidance counselors. Category IV

personnel must complete 60 in-service credit points or 3 semester hours of approved ESOL training.

(b) All professional personnel are responsible for completing required ESOL training. All Category I personnel are

responsible for submitting documentation of completed courses, completing the certification application, paying the

necessary fees and submitting all to the Department of Human Resources. Professional personnel who fail to

complete the required ESOL training may not be recommended for continued employment, or may be subject to

discipline, up to and including termination of employment.

F.S. 120.81, 1001.41, 1001.42, 1001.32(2), 1003.56

F.A.C. 6A-6.0902-6.0909, 6A-6.0907

Adopted 7/26/11; Revised 01/15/13, 09/23/14

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2510 - INSTRUCTIONAL MATERIALS, INCLUDING TEXTBOOKS

Instructional Materials Defined

Instructional materials are defined as items having intellectual content that by design serve as a major tool for assisting

in the instruction of a subject or course. These items may be available in bound, unbound, kit, or package form and may

consist of hardback or softback textbooks, electronic content, consumables, learning laboratories, manipulatives,

electronic media and computer courseware or software.

Superintendent’s Responsibility

The Superintendent shall be responsible for the requisition, purchase, receipt, storage, distribution, use, conservation,

records, and reports of, and management practices and property accountability concerning, instructional materials.

Principal’s Responsibility

School principals are responsible for ensuring that instructional materials are used to provide instruction to students

enrolled at the grade level(s) for which the materials are designed and to effectively communicate to parents the manner

in which materials are used to implement the curricular objectives of the school.

• Distribution

Principals and teachers shall supervise the distribution of instructional materials. Students or parents are to pay

a reasonable charge for lost or damaged instructional materials.

• Lost and Damaged Materials

The school principal shall collect from each student or the student's parent the purchase price of any instructional

material the student has lost, destroyed, or unnecessarily damaged and to report and transmit the money

collected to the Superintendent. The failure to collect such sum upon reasonable effort by the school principal

may result in the suspension of the student from participation in extra-curricular activities or satisfaction of the

debt by the student through community service activities at the school site as determined by the school principal,

pursuant to policies adopted by School Board rule.

• Failure to Pay Fines

Under no circumstances shall the transfer of a student's cumulative record be delayed or denied for failure to

pay any fine or fee assessed by the school.

Collection of Fines

All funds collected from the sale, exchange, loss, or damage of instructional materials shall be transmitted to the office

of the Superintendent to be deposited in the District school fund and added to the District's appropriation for instructional

materials.

Proper Care

Principals shall ascertain by inspection and ensure through every available agency that all books issued to the school

by the Superintendent, or designee, either in the hands of students or in storage, are cared for properly.

Accounting for Materials

Principals shall see that all instructional materials, including textbooks, are fully and properly accounted for on forms

supplied by the program coordinator of instructional materials.

Records and Reports

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Principals shall prepare and submit such records and reports of instructional materials, including textbooks, as may be

required by the Department of Education and such supplementary records and reports as the Superintendent may direct.

Use of Materials

Teachers shall use all textbooks and other instructional materials in accordance with established procedures.

Purchases from Internal Funds

Instructional materials for supplementary study may be purchased from internal funds when such funds are available

and when such expenditure is approved by the school principal.

Care of Materials

Students are expected to take good care of the instructional material assigned to them.

Parent Purchase of Materials

Principals shall, when requested by parents of students enrolled in their schools, sell to such parents any instructional

materials used in the school.

A. Each school principal shall establish an account within the internal funds for Purchase and Sale of

Textbooks (General Public).

B. A parent desiring to purchase a textbook is expected to make payment in advance, all checks being made

payable to the school.

C. The purchase price shall be the contract price plus ten percent (10%) for shipping.

D. Upon receipt of the cash or check from the parent, the school shall issue a school purchase order to the

Florida School Book Depository or company, listing quantity, code number, and title.

E. Upon receipt of the materials the parent shall be notified.

F. The invoice for payment shall be paid from the account established in (a), above. At the end of the school

year, any funds left from the ten percent (10%) shipping charge shall become discretionary with the

principal.

G. Prohibited from sale to parents are all teacher editions, guides, keys, etc. (i.e., any materials not normally

used by students).

Use of State Instructional Materials Flexibility Funds

The appropriate department(s) of the division of Teaching and Learning may approve up to fifty percent (50%) of the

instructional materials allocation fund to purchase instructional materials not included on the State adopted list.

Individual school expenditures in excess of fifty percent (50%), up to the District amount provided by law, may be

approved by the Associate Superintendent for Teaching and Learning. The division of Teaching and Learning shall

define "instructional materials" and establish procedures for the evaluation, selection, and use of non-adopted materials.

Evaluation and District Adoption of Instructional Materials

The appropriate content specialist, under the Associate Superintendent for Teaching and Learning, shall appoint

committees to evaluate materials for District adoption and work with the program coordinator of instructional materials

to obtain samples, train committees, and publicize adoptions. These committees should include parents, community

representatives, and school personnel.

These committees shall, in accordance with the procedure established by the Teaching and Learning Division, evaluate

instructional materials which have not been used previously in the district to determine their appropriateness and usability

in the schools before such materials are requisitioned. Evaluations will consider the Florida Standards and District

Strategic Directions.

Normally, only those instructional materials which have been District recommended and District adopted shall be

requisitioned for use in this school system. A waiver from the District's instructional materials recommendations may be

requested by following procedures established by the Teaching and Learning Division. By April 1st of each year the

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District will notify the Department of Education of the District’s plan for purchasing State adopted materials as required

by State statute.

The Program Coordinator of Instructional Materials will be notified of all pilots of instructional materials in the District.

No pilots of instructional materials being considered for State adoption will be done eighteen (18) months prior to official

adoption.

Adoption of Instructional Materials

It is the constitutional duty and responsibility of the Pinellas County School Board to adopt and provide adequate

instructional materials to all students of the District, whether the materials as defined in s.1006.28 are selected from

Florida Department of Education (FDOE) approved materials list or through a local selection program. The following

procedures for the adoption of instructional materials apply only to those instructional materials that serve as the major

content tool and basis for instruction for each student in the core subject areas of mathematics, language arts, social

studies, science, reading, and literature.

1. Public access to student editions of recommended instructional materials can be accessed and viewed online

at least 20 calendar days before the School Board hearing and public meeting.

2. Public notice of the materials being considered for adoption shall specifically list the materials and how they can

be accessed.

3. The School Board shall conduct an open noticed public hearing to receive comment on recommended materials

prior to adoption.

4. The School Board shall conduct an open noticed public meeting, on a date other than the date of the public

hearing required by #3 (immediately above), to approve an annual instructional materials plan identifying

instructional materials that will be purchased.

5. The School Board shall receive comment at the public hearing and meeting as prescribed in policy.

Process to Contest Adoption of Specific Instructional Material

A parent of a public school student or a resident of the county may contest the Board’s adoption of specific instructional

materials as described in the Adoption of Instructional Materials section above. The term “resident” means a person

who has maintained his or her residence in this state for the preceding year, has purchased a home that is occupied by

him or her as his or her residence, or has established a domicile in this state pursuant to s.222.17. The parent, or

resident, must file with the Board within thirty (30) calendar days after the Board’s adoption of specific instructional

material a petition on form 2-3185 (Objection to Instructional and/or Media Material). The petition form shall be publicly

available by visiting in-person or by accessing the School Board’s website at www.pcsb.org. The petition must be signed

by the parent or resident, include the required contact information, and state the objection to the instructional material.

Within thirty (30) calendar days after the thirty (30) day contest period has expired, the School Board must, for all petitions

timely received, conduct at least one (1) open public hearing before an unbiased and qualified hearing officer. The

hearing officer may not be an employee or agent of the school district. The hearing is not subject to the provision of

Chapter 120; however, the hearing must provide sufficient procedural protections to allow each petitioner an adequate

and fair opportunity to be heard and present evidence to the hearing officer. The Board’s decision after convening a

public hearing is final and not subject to further Board or District petition or review.

Utilization of Instructional Materials

District adopted instructional materials shall be used until the physical condition of the material makes it unsuitable for

use or until the material is obsolete.

Instructional materials shall be considered obsolete when both the State contract expires and the title is removed from

the District adopted list.

All obsolete instructional materials shall be returned to the Instructional Materials Department for proper disposition or

salvage.

Surplus Instructional Materials

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District adopted instructional materials which exceed the needs of a particular school may be declared surplus and made

available for redistribution to other schools in the District. Such surplus may exist as a result of decreased enrollment

or changes in course offerings. A list of all such surplus materials shall be sent to the Program Coordinator of

Instructional Materials as soon as they are identified as being surplus. The surplus materials shall be returned to the

Instructional Materials Department and utilized in requisitions of schools having a shortage of such materials, at no

charge.

State instructional materials which have been replaced with a new State or District adoption and which are no longer

needed in the instructional program at a particular school shall be declared obsolete and returned to the Instructional

Materials Department unless the Program Coordinator of Instructional Materials grants the school written permission to

retain the materials. Additionally, instructional materials that are deemed unserviceable shall be declared obsolete and

returned to the central textbook depository.

Unusable Instructional Materials

District adopted instructional materials may become physically unusable prior to the expiration of the adopted contract

period and/or before they have met the criteria to be declared eligible for discard.

Those instructional materials that become unfit for student use (i.e., loose or torn pages, water damage, missing pages

or covers, obscenities, etc.) may be declared unusable by the principal, removed from the inventory, and returned to the

Instructional Materials Department.

Disposition of Obsolete and Unusable Instructional Materials Including Software

District adopted instructional materials which are obsolete shall be returned to the Instructional Materials Department.

Instructional materials declared to be of no further value to this school system may be disposed of as follows:

1. offered to the adult education program or other public education programs in the District or State;

2. given to teachers to use as resource materials;

3. offered free to District students;

4. offered to private and parochial schools in Pinellas County;

5. made available to any governmental agency, charitable organization, or any individual;

6. sold to used book dealers, recycling plants, pulp mills, or other persons or firms, at the discretion of the

Superintendent. Funds received will be added to the instructional materials appropriation.

Materials that cannot be disposed of through one (1) of these six (6) methods will be disposed of with commercial or

public disposal methods.

Purchasing State Adopted Instructional Materials with Regular Allocation of Funds

State adopted instructional materials requests are completed on printed forms or electronically entered and forwarded

to the office of the Program Coordinator of Instructional Materials for processing before items are ordered from the State

depository.

Current and adequate instructional materials will be purchased in the first three (3) years of an adoption for the core

subject areas of language arts, social studies, science, mathematics, literature, and reading. Each student will be

provided with a textbook or other material as a major tool of instruction in the core subject areas listed above.

Purchasing Instructional Materials with Flexibility Funds

Each principal shall receive notice of the amount available for use of the flexibility funds if additional funds are available.

These funds shall be based on each school’s enrollment.

If the principal determines to use the flexibility funds for additional State adopted materials, the normal procedures for

the purchase of State adopted materials shall be followed.

Materials to be considered for flexibility fund purchasing are to be evaluated in accordance with procedures established

by the appropriate department of the division of Teaching and Learning.

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Purchase orders shall be processed through the office of Instructional Materials, who will review each purchase order to

determine that each such purchase order meets the requirements listed above.

If the principal determines to use the flexibility funds for non-state adopted materials, a standard District purchase order

shall be used. The requisition shall be addressed to the vendor with an allowance for shipping charges. Any charges

in excess of the flexibility funds shall be charged to the individual school budget. Such requisition shall be forwarded to

the Program Coordinator of Instructional Materials for review and approval. Following approval, the requisition shall be

forwarded to the Purchasing Department, where normal procedures for purchasing, receiving, and payment shall be

followed.

The cut-off date for requisitions to encumber flexibility funds shall be March 15th of each year.

Some materials purchased with flexibility funds may be recorded on the annual inventory report of State adopted

instructional materials. The principal shall be responsible for utilizing existing school inventory procedures to ensure

proper accountability.

Procedures Concerning Challenged Instructional Materials After Adoption

Challenges to Family Life Education material are addressed in procedures/guidelines established by the Family Life

Education Committee.

The School Board is legally responsible for all matters relating to the operation of the District. The responsibility for the

selection of education materials is delegated to the professionally trained personnel employed by the School Board.

Selection of materials involves many people: principals, teachers, students, supervisors, coordinators, and library

information specialists. The responsibility for approving supplemental materials such as novels or digital content for

classroom study rests with the principal. In selecting supplemental material for the principal's approval, teachers shall

consider the relative level of maturity of their students and their need for guidance in the study of such material.

It is the responsibility of the teacher (or other instructional staff member) who intends to use supplemental materials to

notify the school principal of potentially controversial materials that may be considered offensive to reasonable persons

within the community.

It is the responsibility of the principal to ensure that the materials used are appropriate and consistent with the Florida

Standards for the course. It is the responsibility of the principal or principal's designee to assist the teacher in devising

methods to minimize or eliminate controversial materials, including, if appropriate, notifying parents of the nature of the

material.

If the principal decides the materials should not be taught and the teacher disagrees with the principal's determination,

the teacher may appeal as outlined in Policy 2235

If a parent objects to his/her child's use of instructional materials, the teacher shall provide alternate instruction and an

equal, equitable, alternate assignment.

If a parent objects to the use of the material with other children besides his/her own child, the complainant must file the

objections in writing on the District-approved Complaint Regarding Library Instructional Materials (Form A) and submit

the form to the principal who will give it to the School-Based Instructional Materials Review Committee (same committee

membership as the School-Based Library Information Review Committee). This review committee appointed by the

principal is composed of three (3) faculty members, two (2) parents chosen by the school advisory council, two (2)

members representing the community, and the library information specialist, who shall serve as the non-voting

chairman/facilitator. The review committee will contact the respective subject area content specialist (s) for input. The

principal will inform the Superintendent of the complaint.

The material in question will remain in use until the School-Based Instructional Materials Review Committee

recommends a final decision.

The School-Based Instructional Materials Review Committee will read or view the challenged materials referred to it.

The committee should check the general acceptance of the materials by reading professional reviews provided by the

Superintendent or designee. These professional reviews should present a balanced view if possible. The committee

should weigh values and faults against each other and form opinions based on the material as a whole and not on

District Bylaws and Policy- Pinellas County Schools - Page 184 of 695

passages pulled out of context. The review committee will meet to discuss the material and the complainant and teacher

will be invited to speak. The principal and appropriate District personnel should attend the meeting. The committee will

prepare a report of its findings. Copies of the report will be given to the complainant by the principal. Additional copies

will be provided to the Area Superintendent, Associate Superintendent for Teaching and Learning, and the

Superintendent.

The subject area content specialist may convene a committee of representative stakeholders to review the acceptability

and continuance of the challenged materials for District-wide use. Content Specialists will follow procedures developed

by the Division of Teaching and Learning. The committee will review the challenged material and make additional

recommendations to the Superintendent. The Superintendent will review the committee's recommendation and decide

the issue. The Superintendent's decision shall be final.

The complainant may appeal the decision of the School-Based Instructional Materials Review Committee to the District

Committee for Challenged Materials (same committee membership as the District First Amendment Review Committee)

appointed by the Associate Superintendent for Teaching and Learning and composed of two (2) representatives from

the County Council of PTAs, two (2) members representing the community, three (3) teachers, and a non-voting

chairman/facilitator. The content specialist will assist the chairman/facilitator. The Superintendent or the content

specialists will provide input to the District Committee for Challenged Materials. The decision of the District Committee

for Challenged Materials shall be final.

F.S. 1001.32(2), 1001.41, 1001.42, 1001.43, 1006.28, 1006.283, 1006.34, 1006.40

F.S. 1006.42

F.A.C. 6A-1.0955

Revised 4/14/15, 11/14/17

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2531 - COPYRIGHTED WORKS

The School Board directs its staff and students to use copyrighted works only to the extent that the law permits. The

Board recognizes that Federal law applies to public school districts and the staff and students must, therefore, avoid

acts of copyright infringement under penalty of law.

In order to help the staff and students abide by the laws set forth in Title 17 of the United States Code, the Board directs

the Superintendent to provide administrative procedures regarding the copying and distribution of copyrighted materials

for instructional purposes that meet the "fair use" guidelines set forth in Federal law, and for the appropriate use of

copyrighted material on the Board's web site. Staff members are responsible for reviewing the District's procedures

regarding copyrighted materials.

Because the Board hosts a web site and stores information on it at the direction of users, it is classified as an on-line

service provider for copyright purposes. In order to limit the Board's liability relating to material/information residing, at

the direction of a user, on its system or network, the Board directs the Superintendent to annually appoint an individual

as the agent to receive notification of claimed infringement. A link to the agent's name, mailing address, telephone

number, fax number, and e-mail address shall appear on the home page of the Board's web site. Such contact

information, along with the appropriate filing fee, shall also be provided to the Copyright Office of the Library of Congress.

The agent shall be responsible for investigating and responding to any complaints.

17 U.S.C. 101 et seq.

2540 - USE OF MULTI-MEDIA

The purpose of this policy is to establish consistent procedures for the use of multi-media which include, but are not

limited to: radio broadcast, audio CD, sound recording on cassette, CD, or computer file. The instructor(s) bears the

responsibility for full compliance with the following policy.

A. The instructional use of multi-media must:

1. support and be consistent with the School Board's education goals, policies, and specific course

objectives;

2. adhere to copyright laws (see Guidelines for Educators and Staff

);

3. reflect best teaching practices based on age appropriateness and instructional relevance.

B. Multi-media must:

1. withstand a school level review and/or selection process;

2. undergo close scrutiny prior to use. It is the instructor's responsibility to view and/or listen to

materials, assuring compliance with this policy.

C. Multi-media must:

1. comply with the Guidelines for the Use of Videotapes and Other Multi-media

;

2. be G-rated;

3. if not G-rated, be subject to:

a. an internal preview as set forth in the administrative procedures;

b. a letter including the eight (8) required elements that is sent to parents before use;

c. receipt of response from parent/guardian which indicates approval or a request for

alternate work.

Steps 1 and 2 of the procedure regarding the use of controversial material shall be reviewed will all staff annually. New

personnel and/or substitute teachers must be apprised of the procedure regarding the use of controversial material upon

assignment to the school.

F.S. 1006.28, 1006.34

F.A.C. 6A-6.3411, 6A-7.074

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2605 - RESEARCH AND EVALUATION

The Superintendent is responsible for assessing how well the educational programs are implemented and the extent to

which the goals of the program are being accomplished.

The Superintendent shall develop systematic and specific administrative procedures for conducting research and

program evaluations. The design of these studies shall include but not be limited to:

A. Clear statements of expectations and purposes for each program coupled with specifications of how

their successful achievement will be determined.

B. Determination of the extent to which provisions for staff, resources, and support were adequate to

achieve each program's purposes.

C. Evaluation of each program to assess the extent to which each program has:

1. complied with the implementation requirements;

2. achieved its purposes and objects.

D. Recommendations for revisions and modifications needed to better fulfill expectations and purposes.

The Superintendent shall maintain a schedule of assessment activities and program evaluations and shall make periodic

evaluation reports to the Board concerning the effectiveness of the program and the adherence to the implementation

strategies.

The Superintendent shall recommend improvements in the educational program annually, based on District evaluation.

The Board may employ experts from outside the School District to serve in the evaluation process.

The Superintendent shall adhere to the system of accountability established by the Florida Department of Education.

Surveys and Questionnaires

Neither District-related nor nondistrict-related organizations shall be allowed to administer a survey or questionnaire to

students or staff unless the instrument and the proposed plan is submitted, in advance, to the Superintendent. If

approved, a copy of the results and the proposed manner of their communication are to be provided to him/her for review

and approval before they are released.

Students shall not be required to complete surveys to provide marketing information to vendors, or distribute to vendors

any personal information of students, including but not limited to names, addresses, and telephone numbers, except as

may be required by law. In addition, the District shall not enter into any contract for products or services, including

electronic media services, where personal information will be collected from students by the providers of the services.

See also Policy 2416

F.S. 1008.34, 1008.345

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2623 - STUDENT ASSESSMENT

At least annually, the Superintendent shall assess student achievement and educational needs in all program areas in

compliance with the law and rules of the State Board of Education. The purpose will be to determine the progress of

students and to assist them in attaining student performance objectives and the educational achievement goals of this

District.

The Board shall administer the State-mandated tests (e.g., diagnostic assessments and achievement tests) to students

at the times designated by the Florida Board of Education. However, the regular program of study may not be interrupted

to administer practice tests or engage in other test-preparation activities for a Statewide assessment. The Board may

authorize a school to:

A. distribute to students sample test books and answer keys that are published by the Florida

Department of Education;

B. provide individual instruction in test taking strategies without suspending the school's regular

program of curriculum for a student who scores at Level 1 or Level 2 on a prior administration of the

Statewide assessment;

C. provide individualized instruction in the content knowledge and skills assessed, without suspending

the school's regular program of curriculum for a student who scores at Level 1 or Level 2 on a prior

administration of the Statewide assessment or a student who is identified as having a deficiency in

the content knowledge and skills assessed;

D. incorporate test-taking exercise and strategies into curriculum for intensive reading and mathematics

and intervention courses; and

E. administer a practice test or engage in other test preparation activities for the statewide assessment

which are determined necessary to familiarize students with the organization of the assessment, the

format of the test terms, and the test directions, or which are otherwise necessary for the valid and

reliable administration of the assessment, as set forth in rules adopted by the State Board of

Education.

Procedures for such assessments may include, but need not be limited to, teacher observation techniques, cumulative

student records, student performance data collected through standardized testing programs, and physical examinations.

The Superintendent shall develop a program of testing that may include, but not be limited to:

A. State-mandated achievement tests;

B. end-of-course tests at appropriate grade levels to measure achievement of performance objectives

in designated courses;

C. diagnostic testing and alternative assessments.

The Superintendent shall also require:

A. mandatory participation by all eligible students as defined by State Board of Education rules;

B. parents be informed of the testing program of the schools and of the special tests that are to be

administered to their children;

C. data regarding individual test scores be entered on the student's cumulative record, where it will be

subject to the policy of this School Board regarding student records;

D. school and District achievement test results will be reported to the public annually;

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E. remediation services be provided to any student who scores Level I on the State-mandated

achievement test.

Remediation services shall be provided to any student who does not meet the testing requirement

for graduation prior to retesting.

All identified disabled students in the School District shall be considered for participation in the State-mandated testing

program for competency and proficiency testing. The consideration for participation shall be made by the IEP Team.

The extent of participation in and/or exemptions from the testing shall be delineated on the student's I.E.P. To the extent

possible, and in accordance with the law, a student with disabilities shall not be excused from taking a required

assessment unless no reasonable accommodation can be made to enable the student to take the assessment.

The Superintendent shall take appropriate and necessary actions against any employee who knowingly and willfully

violates test security rules adopted by the Department of Education for any State-mandated assessment.

The Superintendent shall develop administrative procedures for test security that will maintain and ensure the integrity

of District and State assessments.

F.S. 1008.22, 1008.25, 1008.301

F.A.C. 6A-1.0943

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2630 – SERVICE ANIMALS

(1) Introduction: The School Board and District recognize that students may be accompanied at school by a service

animal when allowed by law and this policy. A student’s service animal cannot be brought onto school property

without prior knowledge and approval by the school and/or district administration. A student must be a student with a

disability in order to be accompanied by a service animal. If the student has not been previously found eligible under

Section 504 or Exceptional Student Education, a team meeting should be held as soon as possible after the request is

received to determine if the student is a student with a disability and is eligible under Section 504 or Exceptional

Student Education. A service animal is the personal property of the student and/or parents. The district school board

does not assume responsibility for training, daily care, or healthcare of service animals.

(2) Service Animal Defined

Florida law defines a service animal as “an animal that is trained to do work or perform tasks for an individual with

a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work done or tasks

performed must be directly related to the individual’s disability and may include, but are not limited to, guiding an

individual who is visually impaired or blind, alerting an individual who is deaf or hard of hearing, pulling a wheelchair,

assisting with mobility or balance, alerting and protecting an individual who is having a seizure, retrieving objects,

alerting an individual to the presence of allergens, providing support and assistance with balance and stability to an

individual with a mobility disability, helping an individual with a psychiatric or neurological disability by preventing or

interrupting impulsive or destructive behaviors, reminding an individual with mental illness to take prescribed

medications, calming an individual with posttraumatic stress disorder during an anxiety attach, or doing specific work

or performing other special tasks. A service animal is not a pet.” The term service animal is limited to a dog or

miniature horse. The provision of emotional support, well-being, comfort or companionship do not constitute work or

tasks.

(3) Service Animal Standards of Behavior: The service animal must not in any way interfere with the educational

process of any student and must not pose a health or safety threat to any student, personnel, or other persons. If the

standards for behavior are not met, the service animal will be excluded or removed from the school setting. The

behavioral expectations for the service animal and standards by which the request to use the service animal on school

premises will be evaluated are as follows:

(a) Public appropriateness. The animal:

1. must not urinate or defecate in inappropriate locations.

(b) Behavior. The animal:

1. does not solicit attention, visit, or annoy any member of the general public;

2. does not disrupt the normal course of business;

3. does not vocalize unnecessarily (i.e., barking, growling, or whining);

4. shows no aggression toward people or other animals; and

5. neither solicits nor steals food or other items from the public.

1. is specifically trained to perform work or tasks directly related to the student’s disability;

2. works calmly and quietly on harness, leash, or other tether;

3. is able to perform its’ tasks in public;

4. must be able to lie quietly beside the handler without blocking aisles, doorways, etc.;

5. is trained to urinate and defecate on command; and

6. stays within twenty-four inches (24”) of its handler at all times unless the nature of a trained task requires it

to be working at a greater distance.

If a service animal is not under control, is not housebroken, is a direct threat to the health of safety of others or

constitutes a fundamental alteration to the natures of the services, program or activity provided by the school, then the

service animal will not be allowed to accompany the student to school.

(4) Required Documentation: The following documentation must be required prior to a service animal being allowed

at school or other Board property:

(a) Current IEP or Section 504 Plan. The plan should include an accommodation allowing the student to bring his

or her service animal to school, not provision of the animal itself;

(b) Proof of current rabies vaccination;

(d) Level II clearance for handler, if not the student.

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(5) Requested Documentation: The following documentation will be requested, but is not required prior to a service

animal being allowed at school or other Board property:

(a) Documentation of training of the animal as a service animal; and

(b) Documentation that the animal has proper vaccinations.

(6) Procedures: School principals, in conjunction with district staff will be responsible for:

(a) Determining whether the service animal meets the standards for acceptance in the school setting;

(b) Approving the use of a service animal in a school setting;

(d) Providing for the appeal of any decision regarding the use of the service animal

1. In addition to protections in State and Federal law, if it is determined by the school principal and school

staff that the student may not be accompanied by a service animal, either as part of an initial determination or as part

of excluding or removing a service animal, the parent has a right to request reconsideration of that decision by

providing written request to the Area Superintendent. The Area Superintendent will review the request, decide if the

service animal will be allowed and inform the parent within five days of receipt of the request. The Area

Superintendent’s decision will be final.

(7) Transportation of the Service Animal: In some cases, as identified on the student’s IEP or Section 504 Plan,

there may be a need for a student with a disability and their accompanying service dog to access school district

transportation. In these cases the following must be considered:

(a) Training

1. The driver and assistant should meet with the animal’s owner. The owner is responsible for providing

information to the driver and bus assistant regarding critical commands needed for daily interaction and

emergency/evacuation.

2. The service animal should practice bus evacuation drills with the student.

(b) Loading/Unloading

1. The service animal should board the bus by the steps, not a lift, unless the student uses the lift to enter and

exit the bus.

1. The service animal should be positioned on the floor, at the student’s feet.

2. A representative of the Transportation Office will meet with the animal’s owner to determine whether the

service animal should be secured on the bus with a tether or harness.

(d) Cessation of Transportation

1. Situations that would cause cessation of transportation of the service animal include:

a. The service animal’s behavior poses a direct threat to the health or safety of others;

b. The service animal urinates or defecates on the bus; or

c. The service animal does not remain in the designated area.

2. If transportation is suspended due to any of the above reasons, transportation may be reinstated after

additional training or medical issues are resolved.

3. Parents should be informed of these consequences prior to the first day of transportation.

4. Although transportation may be suspended for the service animal, the school district maintains the

responsibility for transporting the student.

(8) Implementation Plan

(a) Upon approval, the school will work with the animal’s owner/handler to:

1. Familiarize the service animal with the campus prior to the actual start date;

2. Orient the service animal to school faculty and students;

3. Implement a schoolwide educational program to educate others on how to behave appropriately around the

service animal;

4. Establish an educational program to educate others on proper behavior around a service animal;

5. Establish a place for the service animal to urinate/defecate (individual plan will be developed); and

6. Establish an evacuation plan to include the service animal and practice this plan

(b) In addition, the school will consider the following in the implementation plan:

1. Establish a resting place for the animal.

2. Establish a rest time for the animal. P.E., lunch and recess (if available) may be especially difficult school

periods for a service animal to successfully endure.

3. Identify an alternate accommodation plan in the event the animal’s primary handler (if not the student) or

the animal is not able to accompany the student with the disability to school.

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4. Provide parents with the school district’s written procedures for the inclusion of service animals in the

school.

Americans with Disabilities Act

Section 413.08, F.S.

28 C.F.R. 35.104

Adopted 7/26/11, Revised 12/6/16

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3113 - CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP

It is the policy of the School Board that no District officer or employee, including but not limited to, Board members,

administrators, instructional staff members, or support staff members, shall have or hold any employment or contractual

relationship with any business entity or any agency which is doing business with the District, excluding those organization

and their officer who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with

the District.

Furthermore, it is the policy of the Board that no District officer or employee, including but not limited to Board members,

administrators, instructional staff members, or support staff members, shall have or hold any employment or contractual

relationship that will create any conflict whatsoever between his/her private interests and the performance of his/her

duties or that would impede the full and faithful discharge of his/her duties.

FS 112.313(7)

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3120 - EMPLOYMENT OF INSTRUCTIONAL STAFF

The School Board recognizes that it is vital to the successful operation of the District that positions created by the Board

be filled with qualified and competent personnel. Any person employed in an instructional position requiring certification

shall possess a valid certificate issued pursuant to Florida law and shall file the certificate with the District. It is the

responsibility of the employee to obtain and maintain proper certification and required endorsements in order to teach

the course(s) to which they are assigned. It is the responsibility of the employee to be highly qualified in accordance with

applicable law. Instructional personnel who have been assigned English language learner (ELL) students shall comply

with School Board policy 2470 and Rule 6A-6.0907 F.A.C., as amended from time to time. Employees who are not highly

qualified or who do not possess the required certification or endorsement to teach the course(s) to which they are

assigned, are required to contact the Chief of Human Resources and take the steps necessary to obtain the required

status. Failure to meet the compliance requirements shall constitute just cause for termination of employment where just

cause is required or non reappointment of a professional service contract.

The Board shall require an applicant for employment with a certificate from a district whose employment and/or

certification requirements are not comparable to the District's to complete all requirements for initial employment and

certification.

For purposes of this policy, instructional staff includes classroom teachers, librarians/media specialists, guidance

counselors, social workers, school psychologists, and other instructional staff whose positions are included in the

District's instructional salary schedule.

All instructional staff members shall become familiar with the policies of the Board and other such policies, regulations,

memoranda, bulletins, and handbooks that pertain to their duties in the District. Any instructor employed by the Board

who shall be guilty of any willful violation of the policies of the Board shall be guilty of gross insubordination and shall be

subject to dismissal or such other lesser penalty as the Board may prescribe.

The Superintendent shall also conduct employment history checks of all applicants for instructional staff positions. The

employment history check shall include, but not necessarily be limited to, contacting any previous employer and

screening the applicant through the use of the screening tools described in State law. If contact with a previous employer

cannot be made, the Superintendent shall document the efforts made to do so.

Any instructional staff member's misstatement of fact material to qualification for employment of the determination of

salary shall be considered to constitute grounds for dismissal.

QUALIFICATIONS FOR INSTRUCTIONAL PERSONNEL

To be eligible for employment in an instructional staff position, an individual must be of good moral character, and, if

required, hold a valid certificate issued pursuant to Florida law and the rules of the State Board of Education or the

Department of Children and Family Services, except when employed pursuant to F.S. 1012.55 or under the emergency

provisions of F.S. 1012.24. Previous residence in this State shall not be required in any school of the State as a

prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity. A person

who is found through background screening, pursuant to Board policy, to have been adjudicated guilty of a crime

specified in F.S. 1012.315, or convicted of a crime involving moral turpitude as defined by the State Board of Education,

shall not be employed, engaged to provide services, or serve in any position that requires direct contact with students.

Additionally, the following guidelines shall apply:

A. Category One

Felony sexual related crimes, felony lewd and lascivious crimes, felony child abuse crimes, and any

other crime involving moral turpitude.

The District will not hire applicants who have been convicted of Category One offenses.

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