Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 1003.2 - Full Text and Legal Analysis
Florida Statute 1003.02 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 1003.02 Case Law from Google Scholar Google Search for Amendments to 1003.02

The 2025 Florida Statutes

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE
Chapter 1003
PUBLIC K-12 EDUCATION
View Entire Chapter
F.S. 1003.02
1003.02 District school board operation and control of public K-12 education within the school district.As provided in part II of chapter 1001, district school boards are constitutionally and statutorily charged with the operation and control of public K-12 education within their school districts. The district school boards must establish, organize, and operate their public K-12 schools and educational programs, employees, and facilities. Their responsibilities include staff development, public K-12 school student education including education for exceptional students and students in juvenile justice programs, special programs, adult education programs, and career education programs. Additionally, district school boards must:
(1) Provide for the proper accounting for all students of school age, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students in the following areas:
(a) Admission, classification, promotion, and graduation of students.Adopt rules for admitting, classifying, promoting, and graduating students to or from the various schools of the district.
(b) Enforcement of attendance laws.Provide for the enforcement of all laws and rules relating to the attendance of students at school. District school boards are authorized to establish policies that allow accumulated unexcused tardies, regardless of when they occur during the school day, and early departures from school to be recorded as unexcused absences. District school boards are also authorized to establish policies that require referral to a school’s child study team for students who have fewer absences than the number required by s. 1003.26(1)(b).
(c) Control of students.
1. Adopt rules for the control, attendance, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended for expulsion.
2. Maintain a code of student conduct as provided in chapter 1006.
(d) Courses of study and instructional materials.
1. Provide adequate instructional materials for all students as follows and in accordance with the requirements of chapter 1006, in the core courses of mathematics, language arts, social studies, science, reading, and literature, except for instruction for which the school advisory council approves the use of a program that does not include a textbook as a major tool of instruction.
2. Adopt courses of study for use in the schools of the district.
3. Provide for proper requisitioning, distribution, accounting, storage, care, and use of all instructional materials as may be needed, and ensure that instructional materials used in the district are consistent with the district goals and objectives and the course descriptions approved by the State Board of Education, as well as with the state and school district performance standards required by law and state board rule.
(e) Transportation.Make provision for the transportation of students to the public schools or school activities they are required or expected to attend, efficiently and economically, in accordance with the requirements of chapter 1006, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
(f) Facilities and school plant.
1. Approve and adopt a districtwide school facilities program, in accordance with the requirements of chapter 1013.
2. Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in chapter 1013.
3. Approve and adopt a districtwide school building program.
4. Select and purchase school sites, playgrounds, and recreational areas located at centers at which schools are to be constructed, of adequate size to meet the needs of projected students to be accommodated.
5. Approve the proposed purchase of any site, playground, or recreational area for which school district funds are to be used.
6. Expand existing sites.
7. Rent buildings when necessary, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
8. Enter into leases or lease-purchase arrangements, in accordance with the requirements and conditions provided in s. 1013.15(2).
9. Provide for the proper supervision of construction.
10. Make or contract for additions, alterations, and repairs on buildings and other school properties.
11. Ensure that all plans and specifications for buildings provide adequately for the safety and well-being of students, as well as for economy of construction.
12. Provide adequately for the proper maintenance and upkeep of school plants, which function may be accomplished, in whole or part, by means of an interlocal agreement under s. 163.01.
13. Carry insurance on every school building in all school plants including contents, boilers, and machinery, except buildings of three classrooms or less which are of frame construction and located in a tenth class public protection zone as defined by the Florida Inspection and Rating Bureau, and on all school buses and other property under the control of the district school board or title to which is vested in the district school board, except as exceptions may be authorized under rules of the State Board of Education.
14. Condemn and prohibit the use for public school purposes of any building under the control of the district school board.
(g) School operation.
1. Provide for the operation of all public schools as free schools for a term of 180 days or the equivalent on an hourly basis as specified by rules of the State Board of Education; determine district school funds necessary in addition to state funds to operate all schools for the minimum term; and arrange for the levying of district school taxes necessary to provide the amount needed from district sources.
2. Prepare, adopt, and timely submit to the Department of Education, as required by law and by rules of the State Board of Education, the annual school budget, so as to promote the improvement of the district school system.
3. Provide and adopt an Internet safety policy for student access to the Internet provided by the school district which:
a. Limits access by students to only age-appropriate subject matter and materials on the Internet.
b. Protects the safety and security of students when using e-mail, chat rooms, and other forms of direct electronic communications.
c. Prohibits access by students to data or information, including so-called “hacking,” and other unlawful online activities by students.
d. Prevents access to websites, web applications, or software that does not protect against the disclosure, use, or dissemination of students’ personal information.
4. Prohibit and prevent students from accessing social media platforms through the use of Internet access provided by the school district, except when expressly directed by a teacher solely for educational purposes.
5. Prohibit the use of the TikTok platform or any successor platform on district-owned devices, through Internet access provided by the school district, or as a platform to communicate or promote any district school, school-sponsored club, extracurricular organization, or athletic team.

The State Board of Education shall adopt rules to administer this paragraph.

(h) Records and reports.
1. Keep all necessary records and make all needed and required reports, as required by law or by rules of the State Board of Education.
2. At regular intervals require reports to be made by principals or teachers in all public schools to the parents of the students enrolled and in attendance at their schools, apprising them of the academic and other progress being made by the student and giving other useful information.
(i) Notification of acceleration, academic, and career planning options.At the beginning of each school year, notify students in or entering high school and the students’ parents, in a language that is understandable to students and parents, of the opportunity and benefits of advanced placement, International Baccalaureate, Advanced International Certificate of Education, and dual enrollment courses; career and professional academies; career-themed courses; the career and technical education pathway to earn a standard high school diploma under s. 1003.4282(10); work-based learning opportunities, including internships and apprenticeship and preapprenticeship programs; foundational and soft-skill credentialing programs under s. 445.06; Florida Virtual School courses; and options for early graduation under s. 1003.4281, and provide those students and parents with guidance on accessing and using Florida’s online career planning and work-based learning coordination system and the contact information of a certified school counselor who can advise students and parents on those options.
(j) Return on investment.Notify the parent of a student who earns an industry certification that articulates for postsecondary credit of the estimated cost savings to the parent before the student’s high school graduation versus the cost of acquiring such certification after high school graduation, which would include the tuition and fees associated with available postsecondary credits. Also, the student and the parent must be informed of any additional industry certifications available to the student.
(k) Instructions on emergency first aid for choking.Require a poster that contains step-by-step instructions on how to provide emergency first aid for choking on conscious individuals to be posted in each public school cafeteria within the school district. The poster must be easily visible and prominently placed.
(2) Require that all laws, all rules of the State Board of Education, and all rules of the district school board are properly enforced.
(3) Maintain a system of school improvement and education accountability as required by law and State Board of Education rule, including but not limited to the requirements of chapter 1008.
(4) In order to reduce the anonymity of students in large schools, adopt policies that encourage subdivision of the school into schools-within-a-school, which shall operate within existing resources. A “school-within-a-school” means an operational program that uses flexible scheduling, team planning, and curricular and instructional innovation to organize groups of students with groups of teachers as smaller units, so as to functionally operate as a smaller school. Examples of this include, but are not limited to:
(a) An organizational arrangement assigning both students and teachers to smaller units in which the students take some or all of their coursework with their fellow grouped students and from the teachers assigned to the smaller unit. A unit may be grouped together for 1 year or on a vertical, multiyear basis.
(b) An organizational arrangement similar to that described in paragraph (a) with additional variations in instruction and curriculum. The smaller unit usually seeks to maintain a program different from that of the larger school, or of other smaller units. It may be vertically organized, but is dependent upon the school principal for its existence, budget, and staff.
(c) A separate and autonomous smaller unit formally authorized by the district school board or district school superintendent. The smaller unit plans and runs its own program, has its own staff and students, and receives its own separate budget. The smaller unit must negotiate the use of common space with the larger school and defer to the building principal on matters of safety and building operation.
(5) Participate in the planning process for promoting a coordinated system of care for children and adolescents pursuant to s. 394.4955.
History.s. 112, ch. 2002-387; s. 10, ch. 2003-391; s. 82, ch. 2004-357; s. 3, ch. 2006-301; s. 2, ch. 2008-43; s. 13, ch. 2009-59; s. 6, ch. 2012-191; s. 9, ch. 2013-27; s. 34, ch. 2014-39; s. 2, ch. 2014-184; s. 9, ch. 2020-107; s. 1, ch. 2023-36; s. 19, ch. 2023-81; s. 1, ch. 2023-89; s. 6, ch. 2023-102; s. 78, ch. 2024-2.

F.S. 1003.02 on Google Scholar

F.S. 1003.02 on CourtListener

Amendments to 1003.02


Annotations, Discussions, Cases:

Cases Citing Statute 1003.02

Total Results: 38

Mohammed Salim Ali v. U.S. Atty. General

443 F.3d 804, 2006 U.S. App. LEXIS 7147

Court of Appeals for the Eleventh Circuit | Filed: Mar 22, 2006 | Docket: 398559

Cited 245 times | Published

presented at the former hearing .... ” 8 C.F.R. § 1003.2(c)(1). We review our subject matter jurisdiction

Mei Ya Zhang v. U.S. Attorney General

572 F.3d 1316, 2009 U.S. App. LEXIS 14126, 2009 WL 1856787

Court of Appeals for the Eleventh Circuit | Filed: Jun 30, 2009 | Docket: 1051030

Cited 191 times | Published

final. 8 U.S.C. § 1229a(c)(7)(C)(i); 8 C.F.R. § 1003.2(c)(2). Nevertheless, the time limit is inapplicable

Mohamed Ali Abdi v. U. S. Attorney General

430 F.3d 1148, 2005 U.S. App. LEXIS 24528

Court of Appeals for the Eleventh Circuit | Filed: Nov 15, 2005 | Docket: 1114009

Cited 186 times | Published

or presented at the former hearing.” 8 C.F.R. § 1003.2(c)(1). A motion to reopen immigration proceedings

Calle v. U.S. Attorney General

504 F.3d 1324, 2007 U.S. App. LEXIS 24727, 2007 WL 3072380

Court of Appeals for the Eleventh Circuit | Filed: Oct 23, 2007 | Docket: 2033423

Cited 154 times | Published

reconsider as numerically barred under 8 C.F.R. § 1003.2(b)(2). For the reasons set forth more fully below

Lenis v. U.S. Attorney General

525 F.3d 1291, 2008 U.S. App. LEXIS 9634, 2008 WL 1931239

Court of Appeals for the Eleventh Circuit | Filed: May 5, 2008 | Docket: 41422

Cited 152 times | Published

reopening of their case, pursuant to 8 C.F.R. § 1003.2(a).[1] On appeal, Lenis claims that the BIA abused

Bing Quan Lin v. U.S. Attorney General

881 F.3d 860

Court of Appeals for the Eleventh Circuit | Filed: Jan 31, 2018 | Docket: 6288645

Cited 141 times | Published

appropriate. 8 C.P.R. § 1003.23(b)(3); 8 C.F.R. § 1003.2(a). Thus, going beyond the numerical and time

Marlene Jaggernauth v. U.S. Attorney General

432 F.3d 1346, 2005 U.S. App. LEXIS 28029

Court of Appeals for the Eleventh Circuit | Filed: Dec 19, 2005 | Docket: 1273109

Cited 111 times | Published

final order of removal. See 8 C.F.R. § 1003.2(b). According to statute, “[w]hen a petitioner

Rigoberto Avila-Santoyo v. U.S. Attorney General

713 F.3d 1357, 2013 WL 1499419, 2013 U.S. App. LEXIS 7417

Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2013 | Docket: 296894

Cited 84 times | Published

S.C. § 1229a(e)(7)(A), (c)(7)(C)(i); 8 C.F.R. § 1003.2(c)(2). Avila-Santoyo’s motion to reopen was filed

Montano Cisneros v. US Atty. Gen.

514 F.3d 1224, 2008 U.S. App. LEXIS 1799, 2008 WL 217364

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2008 | Docket: 1600576

Cited 83 times | Published

the United States." Id. at 1328 (citing 8 C.F.R. § 1003.2(b)(2)). We found the plain terms of the regulation

Peter Balogun v. U.S. Attorney General

425 F.3d 1356, 2005 U.S. App. LEXIS 20866

Court of Appeals for the Eleventh Circuit | Filed: Sep 26, 2005 | Docket: 344995

Cited 76 times | Published

the original decision. See 8 C.F.R. § 1003.2(c)(1). Seven days after Balogun received the BIA’s

Kap Sun Bukta v. U.S. Attorney General

827 F.3d 1278, 2016 U.S. App. LEXIS 12379, 2016 WL 3608672

Court of Appeals for the Eleventh Circuit | Filed: Jul 5, 2016 | Docket: 3231770

Cited 62 times | Published

the BIA’s sua sponte authority under 8 C.F.R. § 1003.2(a). She asked the BIA to reopen *1281

Jean Fides Alexandre v. U.S. Atty. General

452 F.3d 1204, 2006 WL 940667, 2006 U.S. App. LEXIS 9157

Court of Appeals for the Eleventh Circuit | Filed: Apr 12, 2006 | Docket: 398554

Cited 37 times | Published

the court of appeals. See 8 C.F.R. § 1003.2(e); 8 U.S.C. § 1252(a)(5), (2)(D). This procedure

Clara Aurora Verano-Velasco v. U.S. Atty. Gen.

456 F.3d 1372, 2006 U.S. App. LEXIS 18514

Court of Appeals for the Eleventh Circuit | Filed: Jul 24, 2006 | Docket: 127527

Cited 27 times | Published

discovered or presented at a former hearing.” 8 C.F.R. § 1003.2(c)(1). A motion to reopen must be supported by

Yi-Qin Chen v. U.S. Attorney General

565 F.3d 805, 2009 U.S. App. LEXIS 7749, 2009 WL 981212

Court of Appeals for the Eleventh Circuit | Filed: Apr 13, 2009 | Docket: 399412

Cited 19 times | Published

U.S.C. § 1229a(c)(7)(C)(ii); see also 8 C.F.R. § 1003.2(c)(3)(ii) (providing the restrictions on filing

Mildred Chikodili Ugokwe v. U.S. Atty. Gen.

453 F.3d 1325, 2006 U.S. App. LEXIS 16197

Court of Appeals for the Eleventh Circuit | Filed: Jun 28, 2006 | Docket: 398615

Cited 13 times | Published

240(c)(7), 8 U.S.C. § 1229a(c)(7). Under 8 C.F.R. § 1003.2(d), however, if Ugokwe were to leave the United

Sikkander Subjali Chacku v. U.S. Attorney General

555 F.3d 1281, 2008 U.S. App. LEXIS 24838

Court of Appeals for the Eleventh Circuit | Filed: Nov 19, 2008 | Docket: 399258

Cited 8 times | Published

treated as a motion to reopen under” 8 C.F.R. § 1003.2(c). See id. We review the BIA’s denial

Salipan Gaksakuman v. U.S. Attorney General

767 F.3d 1164, 2014 U.S. App. LEXIS 17913

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 2014 | Docket: 1272929

Cited 4 times | Published

the ordinary procedure for a reopening. 8 C.F.R. § 1003.2(i). Nevertheless, whether the Board ordered a

Darwin Gilberto Ruiz-Turcios v. U.S. Attorney General

717 F.3d 847, 2013 WL 2262470, 2013 U.S. App. LEXIS 10511

Court of Appeals for the Eleventh Circuit | Filed: May 24, 2013 | Docket: 1091278

Cited 4 times | Published

8 U.S.C. §§ 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2(c)(2). Ruiz-Turcios’s motion to reopen did not

Jian Le Lin v. U.S. Attorney General

681 F.3d 1236, 2012 WL 1860686, 2012 U.S. App. LEXIS 10430

Court of Appeals for the Eleventh Circuit | Filed: May 23, 2012 | Docket: 751792

Cited 4 times | Published

See 8 U.S.C. § 1229a(c)(7)(A); 8 C.F.R. § 1003.2(d). We join the Third, Fourth, Ninth, and Tenth

Methelus v. School Board of Collier County

243 F. Supp. 3d 1266, 2017 WL 1037867, 2017 U.S. Dist. LEXIS 38629

District Court, M.D. Florida | Filed: Mar 17, 2017 | Docket: 64313396

Cited 2 times | Published

various schools of the district.” Fla. Stat. § 1003.02(l)(a). Here, Defendants argue that they were within

Kenneth J. Detzner, etc. v. League of Women Voters of Florida

256 So. 3d 803

Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030092

Cited 1 times | Published

the general provision for K-12 education in section 1003.02, Florida Statutes (2018), providing that schools

Ivenne Lillianne Alexis v. U.S. Attorney General

431 F.3d 1291, 2005 U.S. App. LEXIS 28903

Court of Appeals for the Eleventh Circuit | Filed: Nov 21, 2005 | Docket: 398456

Cited 1 times | Published

reconsider before the BIA, as authorized by 8 C.F.R. § 1003.2, or moved to reopen or reconsider before the Immigration

Hillsborough County, Florida v. The School Board of Hillsborough County

District Court of Appeal of Florida | Filed: Aug 19, 2024 | Docket: 69056466

Published

Constitution. Art. IX, § 4(b), Fla. Const.; see also § 1003.02(1)(g)1, Fla. Stat. (2024) ("[S]chool boards

Rosendo Ponce Flores v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Apr 5, 2023 | Docket: 66916803

Published

Argued: Feb 28, 2023

treated as a motion to reopen under 8 C.F.R. § 1003.2(c).” (quotation marks omitted)); Matter

United States v. Antonio Soul Gonzalez

Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2021 | Docket: 60214023

Published

” Lenis, 525 F.3d at 1293 n.6 (citing 8 C.F.R. § 1003.2(a)). Because the regulation contained “[n]o language

Heloyne Dos Santos v. U. S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Dec 11, 2020 | Docket: 18736184

Published

“evidence sought to be offered is material.” 8 C.F.R. § 1003.2(c)(1). A petitioner attempting to show materiality

Pankajkumar Patel v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2020 | Docket: 17465973

Published

correction via a motion to reconsider. See 8 C.F.R. § 1003.2(b)(1). Second, to the extent that an immigration

Pankajkumar Patel v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Aug 19, 2020 | Docket: 17460638

Published

correction via a motion to reconsider. See 8 C.F.R. § 1003.2(b)(1). Second, to the extent that an immigration

Amy v. Carnival Corp.

360 F. Supp. 3d 1345

District Court, S.D. Florida | Filed: Oct 29, 2018 | Docket: 64322798

Published

based buildings.48 According to Plaintiff, the IBC § 1003.2.12.2 provides that open guards "shall have balusters

S. J. v. Malcolm Thomas

District Court of Appeal of Florida | Filed: Dec 18, 2017 | Docket: 6244016

Published

matters relating to the welfare of students.” § 1003.02(1), Fla. Stat. (2015) (emphasis added). “Control

Linton v. U.S. Attorney General

680 F. App'x 848

Court of Appeals for the Eleventh Circuit | Filed: Feb 23, 2017 | Docket: 65964553

Published

Immigration Court instead of the BIA. See 8 C.F.R. § 1003.2(a) (providing that a request to reopen “any case

Costa v. U.S. Attorney General

622 F. App'x 899

Court of Appeals for the Eleventh Circuit | Filed: Nov 23, 2015 | Docket: 65960799

Published

denying a previous motion to reconsider. 8 C.F.R. § 1003.2(b)(2).

Darwin Gilberto Ruiz-Turcios v. US Attorney General

714 F.3d 1274, 2013 WL 1689072, 2013 U.S. App. LEXIS 7860

Court of Appeals for the Eleventh Circuit | Filed: Apr 19, 2013 | Docket: 302460

Published

8 U.S.C. §§ 1229a(c)(7)(A), (C)(i); 8 C.F.R. § 1003.2(c)(2). Ruiz-Turcios’s motion to reopen did not

Darwin Gilberto Ruiz-Turcios v. U.S. Attorney General

700 F.3d 1270, 2012 U.S. App. LEXIS 23085

Court of Appeals for the Eleventh Circuit | Filed: Nov 8, 2012 | Docket: 879367

Published

removal. 8 U.S.C. § 1229a(c)(7)(A), (C); 8 C.F.R. § 1003.2(c)(2). As to Ruiz-Turcios’s request for reopening

Bekov v. U.S. Attorney General

430 F. App'x 842

Court of Appeals for the Eleventh Circuit | Filed: Jun 16, 2011 | Docket: 65691954

Published

removal proceedings filed pursuant to 8 C.F.R. § 1003.2. The BIA previously affirmed the Immigration Judge’s

Dat v. U.S. Attorney General

362 F. App'x 137

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2010 | Docket: 65730518

Published

(2009); 8 U.S.C. § 1229a(e)(7)(C)(i)(2009); 8 C.F.R. § 1003.2(c)(2) (2009). It then found that Dat’s motion

Sikkander Subjali Chacku v. U.S. Attorney General

Court of Appeals for the Eleventh Circuit | Filed: Nov 19, 2008 | Docket: 399263

Published

treated as a motion to reopen under” 8 C.F.R. § 1003.2(c). See id. We review the BIA’s denial of a motion

Polyakov v. U.S. Attorney General

297 F. App'x 844

Court of Appeals for the Eleventh Circuit | Filed: Oct 21, 2008 | Docket: 65955850

Published

decision, 8 U.S.C. § 1229a(c)(6) and 8 C.F.R. § 1003.2(b). The Polyakovs argue that the BIA abused its