School board authority in Florida

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Florida state law makes school boards responsible for governing and managing public school districts in the state. This article details the powers and duties Florida law grants to school boards for governing school districts and the constraints on that authority with regard to certain topics.

HIGHLIGHTS

Florida law mandates school districts to adopt controlled open enrollment policies.

Florida school boards are given the power to remove materials from school libraries and are legally required to do so in certain instances.

Florida is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

Florida is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies.

Types of legal and contractual constraints on school board authority

See also: Local school board authority across the 50 states

This page presents the results from Ballotpedia research on school board authority and constraints on that authority in all 50 states as of 2024. School board authority comes from state constitutions and state statutes and can be interpreted or specified by state regulations or court decisions. In addition to authority over district budgets, the selection of a superintendent, and administrative responsibilities, school boards have varying levels of authority over district policy on other topics depending on the state and district.

There are several sources of legal and contractual constraints on school board policy-making authority which also vary by state or by district.

• State laws commonly restrict or mandate school board policies on certain topics.
  • Parents' Bills of Rights, which at least 26 states have in statute to some degree, limit the policies school boards are allowed to pass.
• State rules, guidance, and funding incentives can constrain, mandate, or influence school board policies. These include regulation from state education commissions and superintendents, executive orders from governors, or grant conditions.
• Federal and state court rulings can dictate whether or not school district policies are compatible with state law or federal law.
• The federal government, largely through its Department of Education, can promulgate regulations or guidance that influence district policy or make funding contingent on certain policies.
• Collective bargaining agreements between school districts and teacher unions can create contractual constraints on the policies school boards can pass.
• State school board associations can influence school board policy or, in some cases. enter into contracts with school boards that can limit school board policy.

This page features the following sections:

• Florida law on school boards' authority over district policy. This section features the statutes in Florida law that establish, enable, or define local school district boards.
• Constraints on Florida school boards' authority. This section provides an overview of constraints on the school boards' authority in Florida. It contains information on the constraints by the following topics:
  • Curriculum requirements
  • Curriculum restrictions
  • Book bans, removals, and restrictions
  • Parental notification
  • Discipline
  • School board elections
  • Public school choice and open enrollment
  • Charter schools
  • Cellphone bans
• Collective bargaining agreements
• How does Florida compare to other states?
• Parents' bill of rights
• Noteworthy Events. This section tracks noteworthy events related to school boards' authority in Florida.

School board authority over district policy in Florida

Enabling or authorizing statute for the boards of school districts in Florida

See also: Enabling statute

Florida Statute 1001.32, creates school districts and gives them authority to operate according to state law:

“ 1001.32 Management, control, operation, administration, and supervision.—The district school system must be managed, controlled, operated, administered, and supervised as follows: (1) DISTRICT SYSTEM.—The district school system shall be considered as a part of the state system of public education. All actions of district school officials shall be consistent and in harmony with state laws and with rules and minimum standards of the state board. District school officials, however, shall have the authority to provide additional educational opportunities, as desired, which are authorized, but not required, by law or by the district school board. (2) DISTRICT SCHOOL BOARD.—In accordance with the provisions of s. 4(b) of Art. IX of the State Constitution, district school boards shall operate, control, and supervise all free public schools in their respective districts and may exercise any power except as expressly prohibited by the State Constitution or general law. (3) DISTRICT SCHOOL SUPERINTENDENT.—Responsibility for the administration and management of the schools and for the supervision of instruction in the district shall be vested in the district school superintendent as the secretary and executive officer of the district school board, as provided by law. (4) SCHOOL PRINCIPAL OR HEAD OF SCHOOL.—Responsibility for the administration of any school or schools at a given school center, for the supervision of instruction therein, and for providing leadership in the development or revision and implementation of a school improvement plan required by s. 1001.42(18) shall be delegated to the school principal or head of the school or schools in accordance with rules established by the district school board. ”

Florida school boards' powers and duties

Florida public school boards of directors are given broad authority in Florida Statutes 1001.41 and a list of 28 specific responsibilities and discretionary duties in Florida Statutes 1001.42 in order to administer the public schools in the state of Florida.

The list of general powers and duties school district boards are charged with appears in Florida Statutes 1001.41 and are as follows:

“ 1001.41 General powers of district school board.—The district school board, after considering recommendations submitted by the district school superintendent, shall exercise the following general powers: (1) Determine policies and programs consistent with state law and rule deemed necessary by it for the efficient operation and general improvement of the district school system. (2) Adopt rules pursuant to ss. 120.536(1) and 120.54 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. (3) 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. The standards and policies must emphasize integration and reinforcement of reading, writing, and mathematics skills across all subjects, including career awareness, career exploration, and career and technical education. (4) Contract, sue, and be sued. The district school board shall constitute the contracting agent for the district school system. (5) 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 school system in carrying out the purposes and objectives of the education code. (6) Assign students to schools. (7) Enter into agreements for accepting credit card, charge card, and debit card payments as compensation for goods, services, tuition, and fees, as authorized by law. ”

Some of the specific powers and duties granted to school districts include:

• Assign students to schools
• Disqualify instructional personnel and school administrators from employment in any position that requires direct contact with students
• Create public information and parental involvement programs
• Adopt policies to encourage any large school to subdivide into schools-within-a-school to reduce student anonymity in larger school settings

The full list of specific powers and duties school district boards are charged with appears in Florida Statutes 1001.42 and is as follows:

“ 1001.42 Powers and duties of district school board.—The district school board, acting as a board, shall exercise all powers and perform all duties listed below: (1) REQUIRE MINUTES AND RECORDS TO BE KEPT.—Require the district school superintendent, as secretary, to keep such minutes and records as are necessary to set forth clearly all actions and proceedings of the school board. (a) Minutes, recording.—The minutes of each meeting shall be reviewed, corrected if necessary, and approved at the next regular meeting, provided that this action may be taken at an intervening special meeting if the district school board desires. The minutes shall be kept as a public record in a permanent location. (b) Minutes, contents.—The minutes shall show the vote of each member present on all matters on which the district school board takes action. It shall be the duty of each member to see to it that both the matter and his or her vote thereon are properly recorded in the minutes. Unless otherwise shown by the minutes, it shall be presumed that the vote of each member present supported any action taken by the district school board in either the exercise of, violation of, or neglect of the powers and duties imposed upon the district school board by law or rule, whether such action is recorded in the minutes or is otherwise established. It shall also be presumed that the policies, appointments, programs, and expenditures not recorded in the minutes but made and actually in effect in the district school system were made and put into effect at the direction of the district school board, unless it can be shown that they were done without the actual or constructive knowledge of the members of the district school board. (2) CONTROL PROPERTY.—Subject to rules of the State Board of Education, control property and convey the title to real and personal property. (3) ADOPT SCHOOL PROGRAM.—Adopt a school program for the entire school district. (4) ESTABLISHMENT, ORGANIZATION, AND OPERATION OF SCHOOLS.—Adopt and provide for the execution of plans for the establishment, organization, and operation of the schools of the district, including, but not limited to, the following: (a) Schools and enrollment plans.—Establish schools and adopt enrollment plans that may include school attendance areas and open enrollment provisions. (b) Elimination of school centers and consolidation of schools.—Provide for the elimination of school centers and the consolidation of schools. (c) Adequate educational facilities for all children without tuition.—Provide adequate educational facilities for all children without payment of tuition. (d) Cooperate with school boards of adjoining districts in maintaining schools.—Approve plans for cooperating with school boards of adjoining districts in this state or in adjoining states for establishing school attendance areas composed of territory lying within the districts and for the joint maintenance of district-line schools or other schools which are to serve those attendance areas. The conditions of such cooperation shall be as follows: 1. Establishment.—The establishment of a school to serve attendance areas lying in more than one district and the plans for maintaining the school and providing educational services to students shall be effected by annual resolutions spread upon the minutes of each district school board concerned, which resolutions shall set out the territorial limits of the areas from which children are to attend the school and the plan to be followed in maintaining and operating the school. 2. Control.—Control of the school or schools involved shall be vested in the district school board of the district in which the school or schools are located unless otherwise agreed by the district school boards. 3. Settlement of disagreements.—In the event an agreement cannot be reached relating to such attendance areas or to the school or schools therein, the matter may be referred jointly by the cooperating district school boards or by either district school board to the Department of Education for decision under rules of the State Board of Education, and its decision shall be binding on both school boards. (e) Classification and standardization of schools.—Provide for the classification and standardization of schools. (f) Opening and closing of schools; fixing uniform date.—Adopt policies for the opening and closing of schools and fix uniform dates; however, the opening date for schools in the district may not be earlier than August 10 of each year. (g) Observance of school holidays and vacation periods.—Designate the observance of school holidays and vacation periods. (h) Career classes and schools.—Provide for the establishment and maintenance of career schools, departments, or classes, giving instruction in career education as defined by rules of the State Board of Education, and use any moneys raised by public taxation in the same manner as moneys for other school purposes are used for the maintenance and support of public schools or classes. (i) District school boards may establish public evening schools.—Have the authority to establish public evening schools. (j) Cooperate with other agencies in joint projects.—Cooperate with other agencies in joint projects. (k) Planning time for teachers.—May adopt rules for planning time for teachers in accordance with the provisions of chapter 1012. (l) Exceptional students.—Provide for an appropriate program of special instruction, facilities, and services for exceptional students as prescribed by the State Board of Education as acceptable in accordance with the provisions of s. 1003.57. (m) Alternative education programs for students in residential care facilities.—Provide, in accordance with the provisions of s. 1003.58, educational programs according to rules of the State Board of Education to students who reside in residential care facilities operated by the Department of Children and Families. (n) Educational services in detention facilities.—In accordance with the provisions of chapter 1006, offer services to students in detention facilities. (5) PERSONNEL.— (a) Designate positions to be filled, prescribe qualifications for those positions, and provide for the appointment, compensation, promotion, suspension, and dismissal of employees, subject to the requirements of chapter 1012. A district school board is encouraged to provide clerical personnel or volunteers who are not classroom teachers to assist teachers in noninstructional activities, including performing paperwork and recordkeeping duties. However, a teacher shall remain responsible for all instructional activities and for classroom management and grading student performance. (b) Notwithstanding s. 1012.55 or any other provision of law or rule to the contrary and consistent with adopted district school board policy relating to alternative certification for school principals, have the authority to appoint persons to the position of school principal who do not hold educator certification. (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL PERSONNEL AND SCHOOL ADMINISTRATORS.—Adopt policies establishing standards of ethical conduct for instructional personnel and school administrators. The policies must require all instructional personnel and school administrators, as defined in s. 1012.01, to complete training on the standards; establish the duty of instructional personnel and school administrators to report, and procedures for reporting, alleged misconduct by other instructional personnel and school administrators which affects the health, safety, or welfare of a student; and include an explanation of the liability protections provided under ss. 39.203 and 768.095. A district school board, or any of its employees, may not enter into a confidentiality agreement regarding terminated or dismissed instructional personnel or school administrators, or personnel or administrators who resign in lieu of termination, based in whole or in part on misconduct that affects the health, safety, or welfare of a student, and may not provide instructional personnel or school administrators with employment references or discuss the personnel’s or administrators’ performance with prospective employers in another educational setting, without disclosing the personnel’s or administrators’ misconduct. Any part of an agreement or contract that has the purpose or effect of concealing misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student is void, is contrary to public policy, and may not be enforced. (7) DISQUALIFICATION FROM EMPLOYMENT.—Disqualify instructional personnel and school administrators, as defined in s. 1012.01, from employment in any position that requires direct contact with students if the personnel or administrators are ineligible for such employment under s. 1012.315. An elected or appointed school board official forfeits his or her salary for 1 year if: (a) The school board official knowingly signs and transmits to any state official a report of alleged misconduct by instructional personnel or school administrators which affects the health, safety, or welfare of a student and the school board official knows the report to be false or incorrect; or (b) The school board official knowingly fails to adopt policies that require instructional personnel and school administrators to report alleged misconduct by other instructional personnel and school administrators, or that require the investigation of all reports of alleged misconduct by instructional personnel and school administrators, if the misconduct affects the health, safety, or welfare of a student. (8) STUDENT WELFARE.— (a) In accordance with the provisions of chapters 1003 and 1006, 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. (b) In accordance with the provisions of ss. 1003.31 and 1003.32, fully support the authority of each teacher and school bus driver to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and the authority of the school board to place such students in an alternative educational setting, when appropriate and available. (9) COURSES OF STUDY AND OTHER INSTRUCTIONAL MATERIALS.—Provide adequate instructional materials for all students in accordance with the requirements of chapter 1006. (10) TRANSPORTATION OF STUDENTS.—After considering recommendations of the district school superintendent, make provision for the transportation of students to the public schools or school activities they are required or expected to attend; authorize transportation routes arranged efficiently and economically; provide the necessary transportation facilities, and, when authorized under rules of the State Board of Education and if more economical to do so, provide limited subsistence in lieu thereof; and adopt the necessary rules and regulations to ensure safety, economy, and efficiency in the operation of all buses, as prescribed in chapter 1006. (11) SCHOOL PLANT.—Approve plans for locating, planning, constructing, sanitating, insuring, maintaining, protecting, and condemning school property as prescribed in chapter 1013 and as follows: (a) School building program.—Approve and adopt a districtwide school building program. (b) Sites, buildings, and equipment.— 1. 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. 2. Approve the proposed purchase of any site, playground, or recreational area for which district funds are to be used. 3. Expand existing sites. 4. Rent buildings when necessary. 5. Enter into leases or lease-purchase arrangements, in accordance with the requirements and conditions provided in s. 1013.15(2), with private individuals or corporations for the rental of necessary grounds and educational facilities for school purposes or of educational facilities to be erected for school purposes. Current or other funds authorized by law may be used to make payments under a lease-purchase agreement. Notwithstanding any other statutes, if the rental is to be paid from funds received from ad valorem taxation and the agreement is for a period greater than 12 months, an approving referendum must be held. The provisions of such contracts, including building plans, shall be subject to approval by the Department of Education, and no such contract shall be entered into without such approval. As used in this section, “educational facilities” means the buildings and equipment that are built, installed, or established to serve educational purposes and that may lawfully be used. The State Board of Education may adopt such rules as are necessary to implement these provisions. 6. Provide for the proper supervision of construction. 7. Make or contract for additions, alterations, and repairs on buildings and other school properties. 8. 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. (c) Maintenance and upkeep of school plant.—Provide adequately for the proper maintenance and upkeep of school plants, so that students may attend school without sanitary or physical hazards, and provide for the necessary heat, lights, water, power, and other supplies and utilities necessary for the operation of the schools. (d) Insurance of school property.—Carry insurance on every school building in all school plants including contents, boilers, and machinery, except buildings of three classrooms or less that 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. (e) Condemnation of buildings.—Condemn and prohibit the use for public school purposes of any building that can be shown for sanitary or other reasons to be no longer suitable for such use and, when any building is condemned by any state or other government agency as authorized in chapter 1013, see that it is no longer used for school purposes. (12) FINANCE.—Take steps to assure students adequate educational facilities through the financial procedure authorized in chapters 1010 and 1011 and as prescribed below: (a) Provide for all schools to operate 180 days.—Provide for the operation of all public schools, both elementary and secondary, 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 such minimum term; and arrange for the levying of district school taxes necessary to provide the amount needed from district sources. (b) Annual budget.—Cause to be prepared, adopt, and have submitted to the Department of Education as required by law and rules of the State Board of Education, the annual school budget, such budget to be so prepared and executed as to promote the improvement of the district school system. (c) Tax levies.—Adopt and spread on its minutes a resolution fixing the district school tax levy, provided for under s. 9, Art. VII of the State Constitution, necessary to carry on the school program adopted for the district for the next ensuing fiscal year as required by law, and fixing the district bond interest and sinking fund tax levy necessary for districts against which bonds are outstanding; and adopt and spread on its minutes a resolution suggesting the tax levy provided for in s. 9, Art. VII of the State Constitution, found necessary to carry on the school program adopted for the district for the next ensuing fiscal year. (d) School funds.—Require that an accurate account is kept of all funds that should be transmitted to the district school board for school purposes at various periods during the year from all sources and, if any funds are not transmitted promptly, take the necessary steps to have such funds made available. (e) Borrow money.—Borrow money, as prescribed in ss. 1011.12-1011.16, when necessary in anticipation of funds reasonably to be expected during the year as shown by the budget. (f) Financial records and accounts.—Provide for keeping of accurate records of all financial transactions. (g) Approval and payment of accounts.—Implement a system of accounting and budgetary control to ensure that payments do not exceed amounts budgeted, as required by law; make available all records for proper audit by state officials or independent certified public accountants; and have prepared required periodic statements to be filed with the Department of Education as provided by rules of the State Board of Education. (h) Bonds of employees.—Fix and prescribe the bonds, and pay the premium on all such bonds, of all school employees who are responsible for school funds in order to provide reasonable safeguards for all such funds or property. (i) Contracts for materials, supplies, and services.—Contract for materials, supplies, and services needed for the district school system. No contract for supplying these needs shall be made with any member of the district school board, with the district school superintendent, or with any business organization in which any district school board member or the district school superintendent has any financial interest whatsoever. (j) Purchasing regulations to be secured from Department of Management Services.—Secure purchasing regulations and amendments and changes thereto from the Department of Management Services and prior to any purchase have reported to it by its staff, and give consideration to the lowest price available to it under such regulations, provided a regulation applicable to the item or items being purchased has been adopted by the department. The department should meet with educational administrators to expand the inventory of standard items for common usage in all schools and postsecondary educational institutions. (k) Protection against loss.—Provide for adequate protection against any loss or damage to school property or loss resulting from any liability for which the district school board or its officers, agents, or employees may be responsible under law. In fulfilling this responsibility, the district school board may purchase insurance, to be self-insured, to enter into risk management programs managed by district school boards, school-related associations, or insurance companies, or to have any combination thereof in any area to the extent the district school board is either authorized or required by law to contract for insurance. Any risk management program entered into pursuant to this subsection shall provide for strict accountability of all funds to the member district school boards and an annual audit by an independent certified public accountant of all receipts and disbursements. (l) Internal auditor.—May employ an internal auditor to perform ongoing financial verification of the financial records of the school district. The internal auditor shall report directly to the district school board or its designee. (m) Financial and performance audits.—In addition to the audits required by ss. 11.45 and 218.39, may contract with an independent certified public accountant to conduct a financial or performance audit of its accounts and records retained by it and paid from its public funds. (13) RECORDS AND REPORTS.—Provide for the keeping of all necessary records and the making of all needed or required reports, as follows: (a) Forms, blanks, and reports.—Require all employees to keep accurately all records and to make promptly in the proper form all reports required by law or by rules of the State Board of Education. (b) Reports to the department.—Require that the district school superintendent prepare all reports to the Department of Education that may be required by law or rules of the State Board of Education; see that all such reports are promptly transmitted to the department; withhold the further payment of salary to the superintendent or employee when notified by the department that he or she has failed to file any report within the time or in the manner prescribed; and continue to withhold the salary until the district school board is notified by the department that such report has been received and accepted, provided that when any report has not been received by the date due and after due notice has been given to the district school board of that fact, the department, if it deems necessary, may require the report to be prepared by a member of its staff, and the district school board shall pay all expenses connected therewith. Any member of the district school board who is responsible for the violation of this provision is subject to suspension and removal. (c) Reports to parents.—Require that, at regular intervals, reports are made by school principals or teachers to parents, apprising them of the progress being made by the students in their studies and giving other needful information. (14) COOPERATION WITH OTHER DISTRICT SCHOOL BOARDS.—May establish and participate in educational consortia that are designed to provide joint programs and services to cooperating school districts, consistent with the provisions of s. 4(b), Art. IX of the State Constitution. The State Board of Education shall adopt rules providing for the establishment, funding, administration, and operation of such consortia. (15) ENFORCEMENT OF LAW AND RULES.—Require that all laws and rules of the State Board of Education or of the district school board are properly enforced. (16) SCHOOL LUNCH PROGRAM.—Assume such responsibilities and exercise such powers and perform such duties as may be assigned to it by law or as may be required by rules of the Department of Agriculture and Consumer Services or, as in the opinion of the district school board, are necessary to ensure school lunch services, consistent with needs of students; effective and efficient operation of the program; and the proper articulation of the school lunch program with other phases of education in the district. (17) PUBLIC INFORMATION AND PARENTAL INVOLVEMENT PROGRAM.— (a) Adopt procedures whereby the general public can be adequately informed of the educational programs, needs, and objectives of public education within the district, including educational opportunities available through the Florida Virtual School. (b) Adopt rules to strengthen family involvement and empowerment pursuant to s. 1002.23. The rules shall be developed in collaboration with school administrators, parents, teachers, and community partners. (c) Develop and disseminate a parent guide to successful student achievement which addresses what parents need to know about their child’s educational progress and how they can help their child to succeed in school. (d) Develop and disseminate a checklist for parents to assist parents in becoming involved in their child’s educational progress. (e) Encourage teachers and administrators to keep parents informed of student progress, student programs, student attendance requirements pursuant to ss. 1003.26, 1003.27, 414.1251, and 984.151, and availability of resources for academic assistance. 1(18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.—Maintain a system of school improvement and education accountability as provided by statute and State Board of Education rule. This system of school improvement and education accountability shall be consistent with, and implemented through, the district’s continuing system of planning and budgeting required by this section and ss. 1008.385, 1010.01, and 1011.01. This system of school improvement and education accountability shall comply with the provisions of ss. 1008.33, 1008.34, 1008.345, and 1008.385 and include the following: (a) School improvement plans.—The district school board shall annually approve and require implementation of a new, amended, or continuation school improvement plan for each school in the district which has a school grade of “D” or “F”; has a significant gap in achievement on statewide, standardized assessments administered pursuant to s. 1008.22 by one or more student subgroups, as defined in the federal Elementary and Secondary Education Act (ESEA), 20 U.S.C. s. 6311(b)(2)(C)(v)(II); has not significantly increased the percentage of students passing statewide, standardized assessments; has not significantly increased the percentage of students demonstrating Learning Gains, as defined in s. 1008.34 and as calculated under s. 1008.34(3)(b), who passed statewide, standardized assessments; or has significantly lower graduation rates for a subgroup when compared to the state’s graduation rate. The improvement plan of a school that meets the requirements of this paragraph shall include strategies for improving these results. The state board shall adopt rules establishing thresholds and for determining compliance with this paragraph. (b) Early warning system.— 1. A school that serves any students in kindergarten through grade 8 shall implement an early warning system to identify students in such grades who need additional support to improve academic performance and stay engaged in school. The early warning system must include the following early warning indicators: a. Attendance below 90 percent, regardless of whether absence is excused or a result of out-of-school suspension. b. One or more suspensions, whether in school or out of school. c. Course failure in English Language Arts or mathematics during any grading period. d. A Level 1 score on the statewide, standardized assessments in English Language Arts or mathematics or, for students in kindergarten through grade 3, a substantial reading deficiency under s. 1008.25(5)(a). A school district may identify additional early warning indicators for use in a school’s early warning system. The system must include data on the number of students identified by the system as exhibiting two or more early warning indicators, the number of students by grade level who exhibit each early warning indicator, and a description of all intervention strategies employed by the school to improve the academic performance of students identified by the early warning system. 2. A school-based team responsible for implementing the requirements of this paragraph shall monitor the data from the early warning system. The team may include a school psychologist. When a student exhibits two or more early warning indicators, the team, in consultation with the student’s parent, shall determine appropriate intervention strategies for the student unless the student is already being served by an intervention program at the direction of a school-based, multidisciplinary team. Data and information relating to a student’s early warning indicators must be used to inform any intervention strategies provided to the student. (c) Public disclosure.—The district school board shall provide information regarding the performance of students and educational programs as required pursuant to ss. 1008.22 and 1008.385 and implement a system of school reports as required by statute and State Board of Education rule which shall include schools operating for the purpose of providing educational services to students in Department of Juvenile Justice programs, and for those schools, report on the elements specified in s. 1003.52(17). Annual public disclosure reports shall be in an easy-to-read report card format and shall include the school’s grade, high school graduation rate calculated without high school equivalency examinations, disaggregated by student ethnicity, and performance data as specified in state board rule. (d) School improvement funds.—The district school board shall provide funds to schools for developing and implementing school improvement plans. Such funds shall include those funds appropriated for the purpose of school improvement pursuant to s. 24.121(5)(c). (19) LOCAL-LEVEL DECISIONMAKING.— (a) Adopt policies that clearly encourage and enhance maximum decisionmaking appropriate to the school site. Such policies must include guidelines for schools in the adoption and purchase of district and school site instructional materials and technology, the implementation of student health and fitness standards, staff training, school advisory council member training, student support services, budgeting, and the allocation of staff resources. (b) Adopt waiver process policies to enable all schools to exercise maximum flexibility and notify advisory councils of processes to waive school district and state policies. (c) Develop policies for periodically monitoring the membership composition of school advisory councils to ensure compliance with requirements established in s. 1001.452. (d) Adopt policies that assist in giving greater autonomy, including authority over the allocation of the school’s budget, to schools designated with a grade of “A,” making excellent progress, and schools rated as having improved at least two grades. (20) OPPORTUNITY SCHOLARSHIPS.—Adopt policies allowing students attending schools that have earned a grade of “F” or three consecutive grades of “D” pursuant to s. 1008.34 to attend a higher-performing school in the district or any other district in the state, in conformance with s. 1002.38 and State Board of Education rule. (21) EDUCATIONAL EMERGENCY.—Negotiate special provisions of its contract with the appropriate bargaining units to free schools with a school grade of “D” or “F” from contract restrictions that limit the school’s ability to implement programs and strategies needed to improve student performance. The negotiations shall result in a memorandum of understanding that addresses the selection, placement, and expectations of instructional personnel and provides principals with the autonomy described in s. 1012.28(8). For purposes of this subsection, an educational emergency exists in a school district if one or more schools in the district have a school grade of “D” or “F.” (22) SCHOOL-WITHIN-A-SCHOOL.—In order to reduce the anonymity of students in large schools, adopt policies to encourage any large school to subdivide into schools-within-a-school that shall operate within existing resources in accordance with the provisions of chapter 1003. (23) VIRTUAL INSTRUCTION.—Provide students with access to courses available through a virtual instruction program option, including the Florida Virtual School and other approved providers, and award credit for successful completion of such courses. (24) EMPLOYMENT CONTRACTS.— (a) If a school district enters into a contract or employment agreement, or renewal or renegotiation of an existing contract or employment agreement, with an officer, agent, employee, or contractor which contains a provision for severance pay, the contract or employment agreement must include the provisions of s. 215.425. (b) A district school board may not award an annual contract on the basis of any contingency or condition not expressly authorized in law by the Legislature or alter or limit its authority to award or not award an annual contract as provided in s. 1012.335. This paragraph applies only to a collective bargaining agreement entered into or renewed by a district school board on or after June 15, 2017. (25) INTERLOCAL AGREEMENTS.—Each district school board shall enter into an interlocal agreement as provided in s. 163.01 for the purpose of establishing the School District Consortium and maximizing the purchasing power for goods and services. A consortium may be statewide or regional, as appropriate to achieve the lowest cost. This subsection does not prohibit a district school board from utilizing a state contract. (26) TECHNICAL CENTER GOVERNING BOARD.—May appoint a governing board for a school district technical center or a system of technical centers for the purpose of aligning the educational programs of the technical center with the needs of local businesses and responding quickly to the needs of local businesses for employees holding industry certifications. A technical center governing board shall be comprised of seven members, three of whom must be members of the district school board or their designees and four of whom must be local business leaders. The district school board shall delegate to the technical center governing board decisions regarding entrance requirements for students, curriculum, program development, budget and funding allocations, and the development with local businesses of partnership agreements and appropriate industry certifications in order to meet local and regional economic needs. A technical center governing board may approve only courses and programs that contain industry certifications. A course may be continued if at least 25 percent of the students enrolled in the course attain an industry certification. If fewer than 25 percent of the students enrolled in a course attain an industry certification, the course must be discontinued the following year. (27) VISITATION OF SCHOOLS.—Visit the schools, observe the management and instruction, give suggestions for improvement, and advise citizens with the view of promoting interest in education and improving the schools. (28) ADOPT RULES.—Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section. ”

Constraints on Florida school boards' authority

This section tracks constraints on school boards specific to Florida as of September 2024. It features constraints on school boards' authority from state law, collective bargaining agreements, and Parents' Bills of Rights.

Constraint on Florida school boards' authority by topic

This section features constraints on school boards authority on policies related to the following topics:

• Curriculum requirements
• Curriculum restrictions
• Book bans, removals, and restrictions
• Parental notification
• Discipline
• School board elections
• Public school choice and open enrollment
• Charter schools
• Cellphone bans

Curriculum requirements

Florida requires school districts to include the following specific topics, among others, in their curriculum:

• History
• Health, including instruction about sexual abstinence, the consequences of teen pregnancy, and the effects of social media
• Instruction regarding communism
• Life skills, including what the bill calls interpersonal skills
• Career readiness

Curriculum restrictions

Florida law prohibits instruction in public schools on sexual orientation and gender identity in pre-K through 8th grade. It also bans instruction that the bill says is conducted in such a manner as to indoctrinate or persuade an individual to a viewpoint inconsistent with the principles outlined in the section of Florida Statutes 1003.42 provided below:

“ Florida Statutes 1001.42 (excerpt) 3. Classroom instruction by school personnel or third parties on sexual orientation or gender identity may not occur in prekindergarten through grade 8, except when required by ss. 1003.42(2)(n)3. and 1003.46. If such instruction is provided in grades 9 through 12, the instruction must be age-appropriate or developmentally appropriate for students in accordance with state standards. This subparagraph applies to charter schools. Florida Statutes 1003.42 (excerpt) (3) The Legislature acknowledges the fundamental truth that all persons are equal before the law and have inalienable rights. Accordingly, instruction and supporting materials on the topics enumerated in this section must be consistent with the following principles of individual freedom: (a) No person is inherently racist, sexist, or oppressive, whether consciously or unconsciously, solely by virtue of his or her race or sex. (b) No race is inherently superior to another race. (c) No person should be discriminated against or receive adverse treatment solely or partly on the basis of race, color, national origin, religion, disability, or sex. (d) Meritocracy or traits such as a hard work ethic are not racist but fundamental to the right to pursue happiness and be rewarded for industry. (e) A person, by virtue of his or her race or sex, does not bear responsibility for actions committed in the past by other members of the same race or sex. (f) A person should not be instructed that he or she must feel guilt, anguish, or other forms of psychological distress for actions, in which he or she played no part, committed in the past by other members of the same race or sex. Instructional personnel may facilitate discussions and use curricula to address, in an age-appropriate manner, how the freedoms of persons have been infringed by sexism, slavery, racial oppression, racial segregation, and racial discrimination, including topics relating to the enactment and enforcement of laws resulting in sexism, racial oppression, racial segregation, and racial discrimination, including how recognition of these freedoms have overturned these unjust laws. However, classroom instruction and curriculum may not be used to indoctrinate or persuade students to a particular point of view inconsistent with the principles of this subsection or state academic standards. ”

Federal law and guidance

Federal executive orders:

President Donald Trump (R) issued an executive order (E.O.) on January 29, 2025, entitled Ending Radical Indoctrination in K-12 Schooling, prohibiting federal funding that directly or indirectly facilitates K-12 instruction regarding what the bill calls gender or equity ideology. It directs federal executive agencies, including the U.S. Department of Education, to create a plan to relinquish federal funds from school or teacher certification programs that include what the E.O. called gender ideology or discriminatory equity ideology. The order defined discriminatory equity ideology as ideology that treats individuals as members of preferred or disfavored groups rather than as individuals and minimizes agency, merit, and capability in favor of immoral generalizations.

Book bans, removals, and restrictions

Florida school boards have the authority to remove books from school libraries and are required to do so under the following circumstances:

• If the material is found to be pornographic in nature,
• If the material is not suited to student needs or student ability to comprehend the material as presented,
• If the material is inappropriate for the grade level and age group for which it is being used, OR
• If the school board will not allow the material to be read during a public meeting because of its content.

Case law:
The U.S. Supreme Court affirmed local school boards' authority to remove school books in Island Trees Sch. Dist. v. Pico by Pico in 1982 but held that school library books are distinct from curricular books, which school boards have more authority to regulate. The ruling held that school boards are charged with inculcating community values and may make curricular decisions accordingly. In Zykan v. Warsaw Community School Corp. in 1980, the Supreme Court held that school boards had discretionary power over curriculum, textbooks, and other educational matters but could not impose religious creeds or "permanently the student’s ability to investigate matters that arise in the natural course of intellectual inquiry,” according to the opinion.

Federal guidance

The U.S. Department of Education’s Office for Civil Rights rescinded all guidance against the removal of books and no longer employed a coordinator to investigate local district book removals as of January 24, 2025. The Department said they believed removing books from school libraries was a question of parental and community judgment, not civil rights, and that the office had no role as it related to book removal.

Parental notification

Florida requires parental notification on the following topics:

• Information regarding the health and well-being of the parents' minor children

Florida requires parental notification in the following circumstances:

• If a government entity suspects that a crime has been committed against a parent's minor child unless notification would impede the investigation
• If course material about sex education, acquired immune deficiency syndrome, or sexuality is going to be covered

Florida requires parental consent in at least the following circumstances:

• A biometric scan of a parent's minor child is to be made, shared, or stored,
• A record of a parent's minor child's blood or DNA is to be made, shared, or stored,
• A government entity is to create video or voice recording of a parent's minor child, with some exceptions,
• Healthcare services are to be provided to a parent's minor child

Case law:
United States Court of Appeals for the Eleventh Circuit Judge Robin Rosenbaum ruled on March 12, 2025, to dismiss a lawsuit against Florida's Leon County School System alleging that the school had violated a parent's rights when they did not inform the parent of a student's gender identity transition in 2021. Rosenbaum ruled that just because the school officials acted contrary to the parent’s wishes does not mean that their conduct was unconstitutional. The lawsuit was filed before Florida's Parental Rights in Education Law was enacted, and the district has since changed its policy regarding transgender students.

Case law: The United States Supreme Court ruled in Mahmoud v. Taylor on June 27, 2025, that Montgomery County Board of Education's introduction of LGBTQ+ related storybooks, along with its decision to withhold opt outs, placed an unconstitutional burden on the parents’ rights to the free exercise of their religion.

Discipline

See also: How does Florida compare to other states on school board authority over disciplinary policy?

Florida is one of 47 states that gives school boards authority over district disciplinary policy.

The text of Florida Statutes 1006.07 is as follows:

“ 1006.07 District school board duties relating to student discipline and school safety.—The district school board shall provide for the proper accounting for all students, 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, including: (1) CONTROL OF STUDENTS.— (a) Adopt rules for the control, discipline, in-school suspension, suspension, and expulsion of students and decide all cases recommended for expulsion. Suspension hearings are exempted from the provisions of chapter 120. Expulsion hearings shall be governed by ss. 120.569 and 120.57(2) and are exempt from s. 286.011. However, the student’s parent must be given notice of the provisions of s. 286.011 and may elect to have the hearing held in compliance with that section. The district school board may prohibit the use of corporal punishment, if the district school board adopts or has adopted a written program of alternative control or discipline. ”

Federal guidance

President Donald Trump (R) issued an Executive Order (E.O.) titled Reinstating Common Sense School Discipline Policies on April 23, 2025, that required the Secretary of Education, in consultation with the Attorney General, to issue guidance local educational agencies (LEAs) and State educational agencies (SEAs) regarding "school discipline and their obligations not to engage in racial discrimination under Title VI in all contexts, including school discipline," according to the order. The first Trump administration rescinded guidance issued in 2014 under the Obama administration that suggested that higher rates of discipline for racial minorities could be evidence of discrimination and could cause schools to lose federal funding. Trump's 2025 E.O. argued that the guidance "effectively required schools to discriminate on the basis of race by imposing discipline based on racial characteristics, rather than on objective behavior alone." Though the guidance was rescinded in 2018, the U.S. Department of Education continued to collect data regarding the racial breakdown of disciplinary actions taken across the country. Trump's 2025 E.O. prohibits schools from engaging in what it called racial discrimination in the application of school discipline.

School board elections

See also: Rules governing school board election dates and timing in Florida, How does Florida compare to other states on school board authority over election timing?

Florida is one of 42 states in which school boards do not have authority over the timing of school board elections because state or municipal laws determine school board election dates.

Click here to read about the laws governing school board elections in Florida.

Public school choice and open enrollment

See also: School choice in Florida

Florida state law gives school boards the authority over the placement of students, but school boards are subject to laws that allow parents certain choices in the placement of their children.

Florida school boards are given this authority over the placement of students in the list of general powers and duties detailed in Florida Statutes 1001.41. The state's controlled open enrollment policy is detailed in Florida Statutes 1002.31, which mandates intradistrict and interdistrict open enrollment. Florida Statutes 1002.20 provides that parents may seek any public educational school choice options that are applicable and available to students throughout the state:

“ 1002.31 Controlled open enrollment; public school parental choice.— (1) As used in this section, “controlled open enrollment” means a public education delivery system that allows school districts to make student school assignments using parents’ indicated preferential educational choice as a significant factor. (2)(a) As part of a school district’s or charter school’s controlled open enrollment process, and in addition to the existing public school choice programs provided in s. 1002.20(6)(a), each district school board or charter school shall allow a parent from any school district in the state whose child is not subject to a current expulsion or suspension to enroll his or her child in and transport his or her child to any public school, including charter schools, that has not reached capacity in the district, subject to the maximum class size pursuant to s. 1003.03 and s. 1, Art. IX of the State Constitution. The school district or charter school shall accept the student, pursuant to that school district’s or charter school’s controlled open enrollment process, and report the student for purposes of the school district’s or charter school’s funding pursuant to the Florida Education Finance Program. A school district or charter school may provide transportation to students described under this section. (b) Each school district and charter school capacity determinations for its schools, by grade level, must be updated every 12 weeks and be identified on the school district and charter school’s websites. In determining the capacity of each district school, the district school board shall incorporate the specifications, plans, elements, and commitments contained in the school district educational facilities plan and the long-term work programs required under s. 1013.35. Each charter school governing board shall determine capacity based upon its charter school contract. Each virtual charter school and each school district with a contract with an approved virtual instruction program provider shall determine capacity based upon the enrollment requirements established under s. 1002.45(1)(e)4. (c) Each district school board must provide preferential treatment in its controlled open enrollment process to all of the following: 1. Dependent children of active duty military personnel whose move resulted from military orders. 2. Children who have been relocated due to a foster care placement in a different school zone. 3. Children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent. 4. Students residing in the school district. (d) As part of its controlled open enrollment process, a charter school may provide preferential treatment in its controlled open enrollment participation process to the enrollment limitations pursuant to s. 1002.33(10), if such special purposes are identified in the charter agreement. Each charter school shall annually post on its website the application process required to participate in controlled open enrollment, consistent with this section and s. 1002.33. (e) Students residing in the district, including charter school students, may not be displaced by a student from another district seeking enrollment under the controlled open enrollment process. (f) For purposes of continuity of educational choice, a student who transfers pursuant to this section may remain at the school chosen by the parent until the student completes the highest grade level at the school. (3) Each district school board shall adopt by rule and post on its website the process required to participate in controlled open enrollment. The process must: (a) Adhere to federal desegregation requirements. (b) Allow parents to declare school preferences, including placement of siblings within the same school. (c) Provide a lottery procedure to determine student assignment and establish an appeals process for hardship cases. (d) Afford parents of students in multiple session schools preferred access to controlled open enrollment. (e) Maintain socioeconomic, demographic, and racial balance. (f) Require school districts to provide information on transportation options, such as: 1. The responsibility of school districts to provide transportation to another public school pursuant to ss. 1002.38 and 1002.394. 2. The availability of funds for transportation under ss. 1002.394, 1002.395, and 1011.68. 3. Any other transportation the school district may provide. 4. Any transportation options available in the community. (g) Maintain existing academic eligibility criteria for public school choice programs pursuant to s. 1002.20(6)(a). (h) Identify schools that have not reached capacity, as determined by the school district. (i) Ensure that each district school board adopts a policy to provide preferential treatment pursuant to paragraph (2)(c). (j) Require school districts to maintain a wait list of students who are denied access due to capacity and notify parents when space becomes available. (k) Require schools to accept students throughout the school year as capacity becomes available. (l) Enable a student who, in middle school, completed a career and technical education course or an industry certification included in the CAPE Industry Certification Funding List to continue a sequential program of career and technical education in the same concentration, if a high school in the district offers the program. (4) In accordance with the reporting requirements of s. 1011.62, each district school board shall annually report the number of students exercising public school choice, by type, in accordance with rules adopted by the State Board of Education. (5) For a school or program that is a public school of choice under this section, the calculation for compliance with maximum class size pursuant to s. 1003.03(4) is the average number of students at the school level. (6)(a) A school district or charter school may not delay eligibility or otherwise prevent a student participating in controlled open enrollment or a choice program from being immediately eligible to participate in interscholastic and intrascholastic extracurricular activities. (b) A student may not participate in a sport if the student participated in that same sport at another school during that school year, unless the student meets one of the following criteria: 1. Dependent children of active duty military personnel whose move resulted from military orders. 2. Children who have been relocated due to a foster care placement in a different school zone. 3. Children who move due to a court-ordered change in custody due to separation or divorce, or the serious illness or death of a custodial parent. 4. Authorized for good cause in district or charter school policy. ”

“ (6) EDUCATIONAL CHOICE.— (a) Public educational school choices.—Parents of public school students may seek any public educational school choice options that are applicable and available to students throughout the state. These options may include controlled open enrollment, single-gender programs, lab schools, virtual instruction programs, charter schools, charter technical career centers, magnet schools, alternative schools, special programs, auditory-oral education programs, advanced placement, dual enrollment, International Baccalaureate, International General Certificate of Secondary Education (pre-AICE), CAPE digital tools, CAPE industry certifications, collegiate high school programs, Advanced International Certificate of Education, early admissions, credit by examination or demonstration of competency, the New World School of the Arts, the Florida School for the Deaf and the Blind, and the Florida Virtual School. These options may also include the public educational choice options of the Opportunity Scholarship Program and the McKay Scholarships for Students with Disabilities Program. (b) Private educational choices.—Parents of public school students may seek private educational choice options under certain programs. 1. Under the McKay Scholarships for Students with Disabilities Program, the parent of a public school student with a disability may request and receive a McKay Scholarship for the student to attend a private school in accordance with s. 1002.39. 2. Under the Florida Tax Credit Scholarship Program, the parent of a student who qualifies for free or reduced-price school lunch or who is currently placed, or during the previous state fiscal year was placed, in foster care as defined in s. 39.01 may seek a scholarship from an eligible nonprofit scholarship-funding organization in accordance with s. 1002.395. 3. Under the Florida Personal Learning Scholarship Accounts Program, the parent of a student with a qualifying disability may apply for a personal learning scholarship to be used for individual educational needs in accordance with s. 1002.385. (c) Home education.—The parent of a student may choose to place the student in a home education program in accordance with the provisions of s. 1002.41. (d) Private tutoring.—The parent of a student may choose to place the student in a private tutoring program in accordance with the provisions of s. 1002.43(1). ”

Charter schools

See also: Charter schools in Florida, How does Florida compare to other states on school board authority over charter schools?

Florida is one of 36 states that grant school boards at least some authority over whether charter schools are issued in their district.

In Florida, all charter schools are considered public schools and district boards have authority to approve or deny applications to create a charter school. The decision made by the district board can be appealed to the state board of education:

“ 1002.33 Charter schools.— (1) AUTHORIZATION.—All charter schools in Florida are public schools and shall be part of the state’s program of public education. A charter school may be formed by creating a new school or converting an existing public school to charter status. A charter school may operate a virtual charter school pursuant to s. 1002.45(1)(d) to provide full-time online instruction to students, pursuant to s. 1002.455, in kindergarten through grade 12. The school district in which the student enrolls in the virtual charter school shall report the student for funding pursuant to s. 1011.61(1)(c)1.b.(VI), and the home school district shall not report the student for funding. An existing charter school that is seeking to become a virtual charter school must amend its charter or submit a new application pursuant to subsection (6) to become a virtual charter school. A virtual charter school is subject to the requirements of this section; however, a virtual charter school is exempt from subsections (18) and (19), paragraph (20)(c), and s. 1003.03. A public school may not use the term charter in its name unless it has been approved under this section. (2) GUIDING PRINCIPLES; PURPOSE.— (a) Charter schools in Florida shall be guided by the following principles: 1. Meet high standards of student achievement while providing parents flexibility to choose among diverse educational opportunities within the state’s public school system. 2. Promote enhanced academic success and financial efficiency by aligning responsibility with accountability. 3. Provide parents with sufficient information on whether their child is reading at grade level and whether the child gains at least a year’s worth of learning for every year spent in the charter school. (b) Charter schools shall fulfill the following purposes: 1. Improve student learning and academic achievement. 2. Increase learning opportunities for all students, with special emphasis on low-performing students and reading. 3. Encourage the use of innovative learning methods. 4. Require the measurement of learning outcomes. (c) Charter schools may fulfill the following purposes: 1. Create innovative measurement tools. 2. Provide rigorous competition within the public school district to stimulate continual improvement in all public schools. 3. Expand the capacity of the public school system. 4. Mitigate the educational impact created by the development of new residential dwelling units. 5. Create new professional opportunities for teachers, including ownership of the learning program at the school site. (3) APPLICATION FOR CHARTER STATUS.— (a) An application for a new charter school may be made by an individual, teachers, parents, a group of individuals, a municipality, or a legal entity organized under the laws of this state. (b) An application for a conversion charter school shall be made by the district school board, the principal, teachers, parents, and/or the school advisory council at an existing public school that has been in operation for at least 2 years prior to the application to convert. A public school-within-a-school that is designated as a school by the district school board may also submit an application to convert to charter status. An application submitted proposing to convert an existing public school to a charter school shall demonstrate the support of at least 50 percent of the parents voting whose children are enrolled at the school, provided that a majority of the parents eligible to vote participate in the ballot process, according to rules adopted by the State Board of Education. A district school board denying an application for a conversion charter school shall provide notice of denial to the applicants in writing within 10 days after the meeting at which the district school board denied the application. The notice must articulate in writing the specific reasons for denial and must provide documentation supporting those reasons. A private school, parochial school, or home education program shall not be eligible for charter school status. ”

Cellphone bans

See also: How does Florida compare to other states on cellphone laws?

Florida is one of 26 states with state laws or executive orders prohibiting or limiting cell phones in classrooms and/or schools, including through requiring school boards to pass certain policies. Florida law allows students to have cellphones on school property, but they may not be used during instructional time unless a teacher specifically instructs students to do so for educational purposes. This bill was signed in May 2023 by Governor Ron DeSantis (R) and took effect July 1 of that same year.

Collective bargaining agreements

Teacher union collective bargaining agreements (CBAs) can constrain school board authority. Teacher CBAs are agreements between a school district and a teachers’ union to establish rights and other contract details for public school employees. CBAs do not have the force of law, but are contractually binding for a set period of time. Within the time set out in the agreement, the school board must comply with the stipulations that were agreed to in the contract. In this way, CBAs can constrain school board authority by giving teachers authority over curriculum, prohibiting school boards from banning books, and establishing certain student or parental rights. They can also determine rights and protections for educators, and conditions for students (such as required recess periods or the amount of standardized testing), among other provisions.

CBAs vary greatly within and across states in size, topics covered, and constraints they put on school boards. Not all states allow teachers to bargain collectively. As of January 2022, 35 states and the District of Columbia guaranteed K-12 teachers some right to bargain collectively, and six states prohibited public-sector employee collective bargaining by law, which includes public school teachers. The other nine states have no statewide bargaining framework, but local jurisdictions within these states can grant bargaining rights if they choose.

Florida school boards are authorized to engage in collective bargaining agreements with school employees, which can constrain their authority over certain district policies.

For example, while the School Board of Hillsborough County has the power to set curriculum, the teachers' CBA gives instructors the authority to determine how that curriculum will be taught, specifically with regard to enrichment activities. The school board is contractually obligated to allow teachers to determine for themselves if they want to provide these sorts of activities for their classes and which specific activities they will engage in.

“ While teachers must successfully teach the standards and curriculum of the district, enrichment activities may be included at the discretion of the teacher. Teachers are encouraged to investigate and utilize successful methods of presenting curriculum in the classroom. ”

Parents' Bill of Rights

See also: How does Florida compare to other states on Parents' Bills of Rights?

Florida is one of 26 states that has a Parents' Bill of Rights.

Governor Ron DeSantis (R) signed the Parents' Bill of Rights into law on June 29, 2021. The bill states that parents have the rights to:

• direct the education and care of their minor children,
• direct the upbringing and moral or religious training of their minor children, and
• enroll their minor children in the school of their choice, among other provisions.

The text of Florida's Parents' Bill of Rights is as follows:

“ 1014.04 Parental rights.— (1) All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights of a parent of a minor child in this state: (a) The right to direct the education and care of his or her minor child. (b) The right to direct the upbringing and the moral or religious training of his or her minor child. (c) The right, pursuant to s. 1002.20(2)(b) and (6), to apply to enroll his or her minor child in a public school or, as an alternative to public education, a private school, including a religious school, a home education program, or other available options, as authorized by law. (d) The right, pursuant to s. 1002.20(13), to access and review all school records relating to his or her minor child. (e) The right to make health care decisions for his or her minor child, unless otherwise prohibited by law. (f) The right to access and review all medical records of his or her minor child, unless prohibited by law or if the parent is the subject of an investigation of a crime committed against the minor child and a law enforcement agency or official requests that the information not be released. (g) The right to consent in writing before a biometric scan of his or her minor child is made, shared, or stored. (h) The right to consent in writing before any record of his or her minor child’s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. (i) The right to consent in writing before the state or any of its political subdivisions makes a video or voice recording of his or her minor child unless such recording is made during or as part of a court proceeding or is made as part of a forensic interview in a criminal or Department of Children and Families investigation or is to be used solely for the following purposes: 1. A safety demonstration, including the maintenance of order and discipline in the common areas of a school or on student transportation vehicles; 2. A purpose related to a legitimate academic or extracurricular activity; 3. A purpose related to regular classroom instructions; 4. Security or surveillance of buildings or grounds; or 5. A photo identification card. (j) The right to be notified promptly if an employee of the state, any of its political subdivisions, any other governmental entity, or any other institution suspects that a criminal offense has been committed against his or her minor child, unless the incident has first been reported to law enforcement or the Department of Children and Families and notifying the parent would impede the investigation. (2) This section does not: (a) Authorize a parent of a minor child in this state to engage in conduct that is unlawful or to abuse or neglect his or her minor child in violation of general law; (b) Condone, authorize, approve, or apply to a parental action or decision that would end life; (c) Prohibit a court of competent jurisdiction, law enforcement officer, or employees of a government agency that is responsible for child welfare from acting in his or her official capacity within the reasonable and prudent scope of his or her authority; or (d) Prohibit a court of competent jurisdiction from issuing an order that is otherwise permitted by law. (3) An employee of the state, any of its political subdivisions, or any other governmental entity who encourages or coerces, or attempts to encourage or coerce, a minor child to withhold information from his or her parent may be subject to disciplinary action. (4) A parent of a minor child in this state has inalienable rights that are more comprehensive than those listed in this section, unless such rights have been legally waived or terminated. This chapter does not prescribe all rights to a parent of a minor child in this state. Unless required by law, the rights of a parent of a minor child in this state may not be limited or denied. This chapter may not be construed to apply to a parental action or decision that would end life. ”

Florida Attorney General James Uthmeier (R) announced on April 29, 2025, the opening of an Office of Parental Rights within the attorney general's office. The office will assist with the following cases, according to Uthmeier:

• Denial of access to school records
• Lack of consent for biometric or personal data collection
• Unauthorized healthcare, counseling, or mental health services
• Interference with educational choices
• Failure to notify parents of suspected criminal offenses
• Coercion or encouragement to withhold information
• Objectionable instructional or library materials
• Violations of parental notification for health services
• Restrictions on parental participation in school governance
• Unauthorized data sharing or surveys

How does Florida compare to other states?

This section compares Florida's school board authority and constraints with those of other states on select topics. These topics include authority over discipline policy, school board election timing, charter schools, cellphone use policy, as well as constraints on school boards' authority from Parents' Bills of Rights.

Book bans, removals, and restrictions

Twenty-two (22) states have no laws regulating the curation of school library books. Twenty-eight (28) states, however, have passed laws restricting school board authority over school library book curation. These laws typically fall into one of the following categories:

• Twelve states require school boards to develop a policy for the removal of books, including creating a way for the public to challenge school library books.
• Ten states prohibit school boards from removing books on the grounds that they represent specific ideologies or perspectives.
• Six states prohibit books if they contain specific material, including sexual content or anything deemed harmful to minors.
• Five states require school boards to establish local boards to review challenges to library books.
• Two states require school boards to allow parents to view a catalogue of books.

Some states have adopted multiple types of these policies.

Discipline

• School boards in 47 states have authority over disciplinary policy in their district.
• School boards in two states have authority over disciplinary policy for specific circumstances, such as suspension, expulsion, or bullying.
• Individual schools in one state create their own disciplinary policy.

School board elections

School boards' authority over the timing of school board elections varies by state.

• School boards in 42 states do not have authority over election timing;
• School boards in five states can choose from limited options when to hold school board elections;
• School boards in two states can choose from a date range when to hold school board elections;
• The school board in Hawaii is not elected.

The map below shows the types of authority school boards in the states have to determine the timing of school board elections.

Charter schools

See also: Charter schools in the United States

Some school boards in the U.S. are authorized to approve or deny applications for charter schools in their district, while state boards of education hold the authority in other states. In some states, school boards can authorize charter schools, but there are other entities besides school boards that can also authorize charter schools or to which a school board decision can be appealed.

• 10 states do not authorize school boards to make decisions on whether to approve new charter schools in their districts.
• 36 states do authorize school boards to approve new charter schools in their districts, deny approval to new charter schools, or both.
• 3 states do not have laws governing charter school authorization.
• 1 state allows school districts to apply to the state board of education to be a charter school district.

State cellphone laws

See also: State policies on cellphone use in K-12 public schools

In most states, school boards or superintendents often set policies on cellphones in public schools. According to the National Center for Education Statistics (NCES), around 76% of schools said they banned the non-academic use of cellphones or smartphones during school hours during the 2021-22 school year, down from 91% in 2010.

Beginning with Florida in 2023, some states enacted laws or policies to regulate student cellphone usage in public schools. Twenty-six (26) states had statewide laws or policies restricting cellphone use in K-12 classrooms or schools as of June 2025. Four states had requirements for all school district boards to adopt a policy on cellphones but without specific requirements for those policies. Four other states had policies encouraging school districts to establish restrictions on cellphone use in the classroom.

Parents' Bill of Rights

See also: Parents' Bill of Rights in education

If state law explicitly provides certain rights to parents, it can constrain the policy-making authority of school boards. These sections of statute are often referred to within statute and are categorized here as Parents' Bills of Rights. In some states, they are education-specific, regarding the rights a parent has to be involved in their child's public education. Common examples include notification requirements, opt-out rights, and records access. Other Parents' Bills of Rights are more general, commonly affording parents a right to direct the upbringing of their child.

• 26 states have enacted a statewide Parents' Bill of Rights
• 24 states have not enacted a Parents' Bill of Rights.

Noteworthy events

See also: Overview of trends in K-12 curricula development

• Federal judge rules book removal regulations violate students' First Amendment rights (2025): U.S. District Judge Carlos Mendoza ruled on August 13, 2025, that Florida's 2023 law preventing books that describe sexual conduct was overly vague and therefore unconstitutional. The ruling does not strike down the rest of the law, which includes restrictions on teachers using a student's preferred pronoun if it differs from their sex at birth and a process for objecting to reading materials in schools.

• Federal court ruled against parent suing school district for keeping students' gender identity from them (2025): United States Court of Appeals for the Eleventh Circuit Judge Robin Rosenbaum ruled on March 12, 2025, to dismiss a lawsuit against Florida's Leon County School System alleging that the school had violated a parent's rights when they did not inform the parent of a student's gender identity transition in 2021. Rosenbaum ruled that just because the school officials acted contrary to the parent’s wishes does not mean that their conduct was unconstitutional. The lawsuit was filed before Florida's Parental Rights in Education Law was enacted, and the district has since changed its policy regarding transgender students.

• Florida high school launches AI-focused curriculum (2024): Citizens High School in Florida announced on July 16, 2024, that it would implement an AI-focused curriculum. The accredited online high school noted in a press release that the new curriculum "is aimed at integrating artificial intelligence into the core of its educational framework, ensuring that students are equipped with essential skills for the modern job market." Every course will include AI-focused assignments to familiarize students with it and "enhance their ability to harness its potential in various academic and real-world scenarios."

• Florida parents sue state education department over new book removal regulations (2024): Nancy Tray, Anne Watts Tressler, and Stephana Ferrell sued the Florida Department of Education in the U.S. District Court for the Northern District of Florida on June 6, 2024, alleging that HB1069 violated their First Amendment right by providing no recourse to oppose book bans. They filed the suit after the state education department denied Ferrell the opportunity to review the decision to remove a book from school libraries. Ferrell argued that she deserved an equal part in her child’s education, and that "the state of Florida should not be able to discriminate against the voices of parents they disagree with,” according to an article in The Hill. The state education department contended that there were no banned books in the state, but that “sexually explicit material and instruction are not suitable for classrooms,” according to The Hill.

• Florida Board of Education reapproves social studies standards (2024): The Florida Board of Education on May 29, 2024, approved social studies standards for public schools for the 2024-2025 school year. The standards include curriculum related to African American history that requires instruction on “how slaves developed skills which, in some instances, could be applied for their personal benefit.” The benchmark was first included in the state’s curriculum in 2023 and was met with opposition from community members and certain lawmakers. Amidst calls from opponents for the state board to alter the curriculum, the May 29 vote solidifies its inclusion in the 2024-2025 school year.

• Senate Bill 1264 requires K-12 instruction on the history of communism (2024): Governor Ron DeSantis (R) signed a bill into law in April 2024, which includes provisions that establish a required K-12 curriculum that covers the history of communism in the US and abroad. The bill passed the Senate 25-7 and passed 106-7 in the House. The specific curricular requirements include:
  • domestic communist movements,
  • atrocities committed by foreign communist regimes,
  • comparative discussions about political ideologies such as communism, democracy, and totalitarianism,
  • communist threats to the US and its allies,
  • the economic, industrial, and political events that preceded communist revolutions, and
  • communism in Cuba and Latin America.

• Florida teachers sue state over law barring use of students' preferred pronouns (2023): Three Florida educators, Katie Wood, Jane Doe, and AV Schwandes, filed a lawsuit on December 13, 2023, against the Florida State Board of Education (BOE) and the Florida Department of Education, arguing the new Florida law barring teachers from referring to students by their preferred pronouns violated the First Amendment to the U.S. Constitution, the equal protection clause of the Fourteenth Amendment, and the Civil Rights Act of 1964. The law, subsection 3 of Florida Statutes § 1000.07, took effect in July 2023.

• Florida school board bans over 300 books in response to Florida law (2023): Collier County Public Schools removed 313 books from school libraries to comply with Florida HB 1069 that Governor Ron DeSantis (R) signed into law in May 2023. A district spokesperson stated that any book that “depicts or describes sexual conduct” was banned. The list of removed books included authors Ernest Hemingway, Leo Tolstoy, George R.R. Martin, Ralph Ellison, Aldous Huxley, Jack Kerouac, among others.

• Florida Department of Education announces that AP Psychology does not violate state law (2023): Florida Education Commissioner Manny Diaz Jr. sent a letter to school districts on August 9, 2023, clarifying that AP Psychology could be taught after some schools had stopped teaching the course in response to recent legislation banning classroom instruction on sexual orientation or gender identity. The College Board released a statement on August 3, 2023, announcing that it would not accept the course if these topics were left out.

• Florida law defining sex and governing pronoun use in public schools takes effect (2023): Florida HB 1069 became effective on July 1, 2023. The bill held that it was "the policy of every public K-12 educational institution that is provided or authorized by the Constitution and laws of Florida that a person's sex is an immutable biological trait and that it is false to ascribe to a person a pronoun that does not correspond to such person's sex."

• Hillsborough County School Board approves sex education curriculum for seventh, eighth, and ninth grades (2022): The Hillsborough County School Board in Florida approved a new sex education curriculum for seventh, eighth, and ninth-grade students on September 20, 2022. The curriculum aimed to provide “consistent and medically accurate information when it comes to reproductive health and disease prevention,” according to the school board. Parents who oppose the sex education curriculum could opt their children out of the lessons.

• Florida Department of Education aims to prohibit inclusion of critical race theory and social justice in social studies textbooks (2022): The Florida Department of Education in May 2022 issued guidance to textbook publishers informing them on the instructional materials that can and cannot be included in K-12 social studies textbooks. The guidance states, "Critical Race Theory, Social Justice, Culturally Responsive Teaching, Social and Emotional Learning, and any other unsolicited theories that may lead to student indoctrination are prohibited.” The specifications also state that “instructional materials should not attempt to indoctrinate or persuade students to a viewpoint inconsistent with Florida standards.”

• Florida lawmakers prohibit teaching critical race theory in public schools (2021): Florida Governor Ron DeSantis (R) on December 15, 2021, announced his intent to introduce the Stop Wrongs Against our Kids and Employees (WOKE) Act in the Florida State Legislature. The bill aimed to codify the Florida Department of Education's 2021 prohibition against the instruction of critical race theory in the state's public schools, among other provisions. DeSantis signed the Stop WOKE Act into law on April 22, 2022.

• Florida Department of Education rejects 41% of K-12 mathematics textbooks (2022): The Florida Department of Education on April 15, 2022, announced that it had rejected 54 K-12 mathematics textbooks due in part to the inclusion of prohibited instructional topics and the failure to align with state education standards. The rejected textbooks made up 41% of the 132 textbooks submitted to the education department for review. Twenty-eight books were rejected for the inclusion of prohibited topics, such as critical race theory, Common Core learning concepts, or Social Emotional Learning (SEL). Twelve books were rejected because they did not align with Florida’s Benchmarks for Excellent Student Thinking (B.E.S.T.) Standards. An additional 14 books were rejected for both including prohibited topics and failing to meet the state’s benchmark standards.

• Florida rule limits gender identity and sexual orientation instruction (2023): The Florida Board of Education on April 19, 2023, approved a rule prohibiting public school curriculum on gender identity or sexual orientation for public school students in all grades. The rule implemented a law that Governor Ron DeSantis (R) signed on March 28, 2022, that prohibited instruction on gender identity or sexual orientation for kindergarten through third-grade students.

See also

• Local school board authority across the 50 states
• K-12 curriculum authority, requirements, and statutes in the states
• State policies on cellphone use in K-12 public schools
• Rules governing school board election dates and timing
• Charter schools
• School choice
• Parents' Bill of Rights in education
• Ballotpedia:Index of Contents
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