The 2023 Florida Statutes (including Special Session C)

Title XLVIII
EARLY LEARNING-20 EDUCATION CODE

Chapter 1002
STUDENT AND PARENTAL RIGHTS AND EDUCATIONAL CHOICES

View Entire Chapter

F.S. 1002.311

1002.311 Single-gender programs authorized.—

(1) Subject to subsection (2) and in accordance with 34 C.F.R. s. 106.34, a district school board may establish and maintain a nonvocational class, extracurricular activity, or school for elementary, middle, or high school students in which enrollment is limited to a single gender if the school district also makes available a substantially equal:

(a) Single-gender class, extracurricular activity, or school to students of the other gender; and

(b) Coeducational class, extracurricular activity, or school to all students.

(2) A district school board that establishes a single-gender class, extracurricular activity, or school:

(a) May not require participation by any student. The district school board must ensure that participation in the single-gender class, extracurricular activity, or school is voluntary.

(b) Must evaluate each single-gender class, extracurricular activity, or school in the school district at least once every 2 years in order to ensure that it is in compliance with this section and 34 C.F.R. s. 106.34.

1. Separate into grade-level boys-only classes and girls-only classes during instruction in core courses.

2. Open enrollment to all students within the school district.

3. Require the school’s administrative and instructional personnel to participate in professional development that includes scheduling and instructional strategies.

4. Provide to the department a comparison of the academic performance of students in the gender-specific elementary, middle, or high school with the academic performance of students in other public elementary, middle, or high schools, as appropriate, in the school district.

History.—s. 3, ch. 2008-26; s. 1, ch. 2014-30.

F.S. 1002.311 on Google Scholar

F.S. 1002.311 on Casetext

Amendments to 1002.311

Arrestable Offenses / Crimes under Fla. Stat. 1002.311

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 1002.311.

Annotations, Discussions, Cases:

Cases from cite.case.law:

C. MIDDLETON, Sr. v. CITY OF CHICAGO,, 578 F.3d 655 (7th Cir. 2009)

. . . . § 1002.311), the DOL noted that it “has long taken the position that no Federal statute of limitations . . . Accordingly, the Department has amended section 1002.311 to acknowledge that at least one court has held . . . Third, although the preamble to 20 C.F.R. § 1002.311 states that the DOL believes no statute of limitations . . . limitations, and it expressly precludes the application of any State statute of limitations.” 20 C.F.R. § 1002.311 . . .

C. HOGAN, v. UNITED PARCEL SERVICE,, 648 F. Supp. 2d 1128 (W.D. Mo. 2009)

. . . M.S.P.B.2006) (rejecting application of Jones to USERRA actions against a government employer); 20 C.F.R. 1002.311 . . . Wagner, 565 F.Supp.2d at 942 (declaring 20 C.F.R. § 1002.311 void to the extent the Department of Labor . . .

WAGNER, v. NOVARTIS PHARMACEUTICALS CORPORATION,, 565 F. Supp. 2d 940 (E.D. Tenn. 2008)

. . . See 20 C.F.R. 1002.311 (ruling that USER-RA does not have a statute of limitations, but cautioning that . . . the Court finds that the Department of Labor has exceeded its regulatory authority and that 20 C.F.R. 1002.311 . . .