The State Board of Education shall oversee the performance of district school boards and community college boards of trustees in enforcement of all laws and rules. District school boards and community college boards of trustees shall be primarily responsible for compliance with law and state board rule.

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   (1) In order to ensure compliance with law or state board rule, the State Board of Education shall have the authority to request and receive information, data, and reports from school districts and community colleges. District school superintendents and community college presidents are responsible for the accuracy of the information and data reported to the state board.

   (2) The Commissioner of Education may investigate allegations of noncompliance with law or state board rule and determine probable cause. The commissioner shall report determinations of probable cause to the State Board of Education which shall require the district school board or community college board of trustees to document compliance with law or state board rule.

   (3) If the district school board or community college board of trustees cannot satisfactorily document compliance, the State Board of Education may order compliance within a specified timeframe.

   (4) If the State Board of Education determines that a district school board or community college board of trustees is unwilling or unable to comply with law or state board rule within the specified time, the state board shall have the authority to initiate any of the following actions:

   (a)() Report to the Legislature that the school district or community college has been unwilling or unable to comply with law or state board rule and recommend action to be taken by the Legislature.

   (b)() Reduce the discretionary lottery appropriation until the school district or community college complies with the law or state board rule.

   (c)() Withhold the transfer of state funds, discretionary grant funds, or any other funds specified as eligible for this purpose by the Legislature until the school district or community college complies with the law or state board rule.

   (d)() Declare the school district or community college ineligible for competitive grants.

   (e)() Require monthly or periodic reporting on the situation related to noncompliance until it is remedied.

   (5) Nothing in this section shall be construed to create a private cause of action or create any rights for individuals or entities in addition to those provided elsewhere in law or rule.

s. 376, ch. 2002-387; s. 51, ch. 2004-41; s. 125, ch. 20