Right to direct classroom instruction

(1)(a) In accordance with general law and State Board of Education rules, a teacher has the right to direct his or her classroom instruction. If a teacher is directed by his or her school district or school to violate general law or state board rules, he or she may request the Commissioner of Education to appoint a special magistrate who is a member of The Florida Bar in good standing and who has at least 5 years’ experience in administrative law. The special magistrate shall determine facts relating to the dispute over the school district procedure or practice, consider information provided by the teacher and the school district, and render a recommended decision for resolution to the state board within 30 days after receipt of the request by the teacher. (b) The state board must approve or reject the special magistrate’s recommended decision at its next scheduled board meeting. The costs of the special magistrate must be borne by the school district. (c) If the school district is found in violation of general law or state board rules, the state board may withhold the salary of the superintendent until the violation is corrected. (2) Pursuant to s. 1008.25, a teacher has the right to receive student assessment data in a timely manner in order to assist in instruction.