Massive revise of school code is law

Supporters say the new "system is "seamless'' while critics say it gives too much power to the governor.

By ALISA ULFERTS and STEPHEN HEGARTY
© St. Petersburg Times
published May 17, 2002

TAMPA -- It took three tries, two special sessions and 1,800 pages for lawmakers to update Florida's massive school code, which Gov. Jeb Bush signed into law Thursday in a ceremony at the University of South Florida.

The Senate balked at passing the bill the first time because it had too little time to review it, and the second time the bill blew up over controversial language regarding guns and religion on campus.

The third time both chambers agreed on a bill that gives universities more independence, ends social promotion and forbids school districts from building schools near environmentally contaminated sites.

"We had a couple of fumbles on the two-yard line," Bush said. "That's evidence that the Legislature is not a perfect process. Democracy is not a perfect process."

The law Bush signed caps an effort started in 1998 when voters approved a constitutional amendment that cleaved the Board of Education from the state Cabinet and made the commissioner of education an appointed rather than elected position.

The Legislature built on that in 2000 by abolishing the former university Board of Regents and placing the state's entire education system, from kindergarten to post-graduate studies, under one board of education.

"Quite frankly, I had a few little doubts that we would be able to pull this off," said Education Secretary Jim Horne.

Supporters have said this "seamless" system better serves students while critics say it has concentrated power in the hands of Bush -- soon to be the only elected official answerable for the state education system.

Critics, particularly Democrats, also opposed the law because it didn't reduce classroom size or add to teachers' salaries but took final say over charter school applications from elected local school boards and gave it to the appointed state Board of Education.

Democrats cast the only negative votes in the Senate, saying the bill took too much control from local school districts while creating a potential "food fight" among universities for funding every year.

Sen. Les Miller, D-Tampa, predicted a future Legislature would have to rewrite the code in 10 years because it does too little for prekindergarten and other aspects of public school.

"I will be at home, or wherever I will be, to whisper, "I told you so,' " Miller warned his colleagues when they approved the bill.

The law is intended to end, once and for all, social promotion, the practice of advancing a student to the next grade even if he or she hasn't mastered the material. School districts that violate this part of the law risk punishment.

It's the first time in more than 50 years that lawmakers have overhauled the entire education system, prompting Rep. Jerry Melvin, the Fort Walton Beach Republican who heads the House Council for Lifelong Learning, to declare it "the most audacious undertaking in all my years in the Legislature."

Rep. Heather Fiorentino, a New Port Richey Republican and one of the chief architects of the plan, said the new law is much easier for parents to read.

"That's a major issue because in the past you had to go to three or four chapters to find an issue," Fiorentino said. The new education code has been reduced from about 5,000 pages to about 1,800 and is packed together in the statutes, not scattered among them as before.

Other aspects of the law:

School board members are allowed to set their own pay. Salaries in the past have been calculated according to county population.

Character education, formerly taught just in elementary school, will be a subject in middle and high school.

School districts have the option of hiring principals who may be experienced in other areas but not certified in education.

Students can get a semester of physical education credit for marching band.

The state's financial aid programs such as Bright Futures will be re-enacted.

School districts get more time to get rid of portable classrooms.

Fiorentino, who spent the better part of a year working on the revisions, said: "The reason this school code is so good isn't because it took three times (to pass it) but because 200 people came together to write it," Fiorentino said.

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