DOE General Counsel Memos RE: SAC

 
  1. DOE General Counsel Memo Opinion #00-03 regarding "bonuses" for SAC chair & recognition $ for school staff 

  2. DOE General Counsel Memo Opinion #00-01 regarding use of school recognition funds for staff not employees of SB

  3. DOE General Counsel office email response regarding the use of "alternates" for SAC

  4. DOE General Counsel Memo regarding "balanced" SAC membership 

  5. Auditor General's Office email response from the  regarding "balanced SACs" and audit guidelines

  6. OPPAGA "District Use of Lottery Proceeds" - #3 Advisory Councils

  7. Berkley Elementary SAC vs. Polk County School Board


Memos Opinion #00-03
  Memo Opinion #00-03:  April 10, 2000; Prepared By: Ronald G. Stowers
About the memo:  This specifically addresses the use of SI funds as a bonus for the SAC chairperson. The heart of this argument is that the funds must be used for projects and programs. This memo also states that each school district shall establish policies and procedures that define enhancement and the types of expenditures that will be considered consistent with that definition.  This memo goes one step further though, it states that the School Board and Superintendent may disapprove school improvement fund expenditures because they are not "district staff."  (Click here for my 2 opinion on this!)

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Memo Opinion #00-01
  Memo Opinion #00-01:  January 18, 2000; Prepared by:  Ronald G. Stowers
About the memo:  Florida School Recognition Program, may be recognition funds be used to provide bonuses to school staff who are not employees of the school board?  Yes. This was in answer to a question about the school resource officer which is not a school board employee, but rather an employee of the sheriff's department.

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Email Inquiry about the use of Alternates on School Advisory Councils
Question:  "If a district has no policy or guidelines regarding elected SAC alternates (of respective peer groups) to be used for absentee voting and quorums, can a SAC include wording specifically addressing the allowance of alternates for voting and quorums for an absentee member of same peer group?"

"Does Sunshine law allow proxy voting by SAC members on known SAC voting issues/motions?"
Theresa McCormick
Answer
Received on
8/8/2003


"Your local school board attorney should address these issues."
Jason Fudge
Asst. General Counsel
Florida Department of Education

  My Notes on This:  It would seem that the use of alternates would be a district-by-district decision. I thought my question was a Sunshine Law question (statewide implications) on the use of alternates. My assumption now is that there is nothing in Sunshine that prevents the use of alternates if a school or district chooses to use them. I would further assume that this would be detailed in either district policy or guidelines or school bylaws.

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SAC vs. Polk County School Board:  2nd District Court of Appeal regarding legal status of SAC
Legal status of school advisory councils ... Individual school advisory councils, though mandated by statute, are not legal entities for purposes of applying for charter school status or appealing the denial of such applications, the 2nd DCA concluded.

The court granted the Polk County School Board's motion to dismiss an appeal brought by the Berkley Elementary School Advisory Council, or SAC.  "This court reluctantly concludes that a school advisory council is merely a voluntary association. SAC is not a legal entity for purposes of filing an application under section 229.58; therefore, it cannot pursue an appeal in this matter as though it had been the applicant," the DCA said. [Berkley Elementary School Advisory Council v. School Board of Polk County, 5/17/02]@ 

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