229.0535  Authority to enforce school improvement.--It is the intent of the Legislature that all public schools be held accountable for ensuring that students perform at acceptable levels. A system of school improvement and accountability that assesses student performance by school, identifies schools not providing adequate progress, and institutes appropriate measures for enforcing improvement shall be the responsibility of the State Board of Education.

(1)  Pursuant to Art. IX of the State Constitution prescribing the duty of the State Board of Education to supervise Florida's public school system and notwithstanding any other statutory provisions to the contrary, the State Board of Education shall have the authority to intervene in the operation of a district school system in cases where one or more schools in a school district have failed to make adequate progress for 3 consecutive school years. The state board may determine that the school district and/or school has not taken steps sufficient to ensure that students in the school in question are well served. Considering recommendations of the Commissioner of Education, the state board is authorized to recommend action to a district school board that is intended to ensure improved educational services to students in the low-performing schools in question. Recommendations for actions to be taken in the school district shall be made only after thorough consideration of the unique characteristics of a school, which shall also include student mobility rates and the number and type of exceptional students enrolled in the school. The state board shall adopt by rule steps to follow in this process. Such steps shall ensure that school districts have sufficient time to improve student performance in schools and have had the opportunity to present evidence of assistance and interventions that the school board has implemented.

(2)  The state board is specifically authorized to recommend one or more of the following actions to school boards to ensure that students in low-performing schools are well served by the public school system:

(a)  Provide additional resources, change certain practices, and provide additional assistance if the state board determines the causes of inadequate progress to be related to school district policy or practice;

(b)  Implement a plan that satisfactorily resolves the education equity problems in the school;

(c)  Contract for the educational services of the school, or reorganize the school at the end of the school year under a new principal who is authorized to hire new staff and implement a plan that addresses the causes of inadequate progress;

(d)  Allow parents of students in the school to send their children to another district school of their choice, if appropriate; or

(e)  Other action as deemed appropriate to improve the school's performance.

(3)  In recommending actions to school boards, the State Board of Education shall specify the length of time available to implement the recommended action. The state board may adopt rules to further specify how it may respond in specific circumstances. No action taken by the state board shall relieve a school from state accountability requirements.

(4)  The State Board of Education is authorized to require the Department of Education or Comptroller to withhold any transfer of state funds to the school district if, within the timeframe specified in state board action, the school district has failed to comply with said action ordered to improve low-performing schools. Withholding the transfer of funds shall occur only after all other recommended actions for school improvement have failed to improve the performance of the school. The State Board of Education may invoke the same penalty to any school board that fails to develop and implement a plan for assistance and intervention for low-performing schools as specified in s. 230.23(16)(c).