Senate Bill sb1928c1

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    Florida Senate - 2006                           CS for SB 1928

    By the Committee on Health Care; and Senator Peaden





    587-2463-06

  1                      A bill to be entitled

  2         An act relating to high school athletics;

  3         amending s. 1002.22, F.S.; authorizing the

  4         disclosure of certain records of a student

  5         under specified circumstances to certain

  6         persons when in conjunction with a drug testing

  7         program to randomly test for anabolic steroids

  8         in students grades 9 through 12 who participate

  9         in interscholastic athletics in member schools

10         of the Florida High School Athletic

11         Association; amending s. 1006.20, F.S.;

12         requiring the Florida High School Athletic

13         Association to facilitate a 3-year drug testing

14         program to randomly test for anabolic steroids

15         in students in grades 9 through 12 who

16         participate in interscholastic athletics in its

17         member schools; requiring schools to consent to

18         the provisions of the program as a prerequisite

19         for membership in the organization; requiring

20         the organization to establish procedures for

21         the conduct of the program, including

22         contracting with a testing agency to administer

23         the program; requiring that records that

24         contain findings of a drug test be maintained

25         separately from a student's educational

26         records; providing for disclosure; requiring

27         students and their parents to consent to the

28         provisions of the program as a prerequisite for

29         eligibility to participate in interscholastic

30         athletics; providing penalties for students

31         selected for testing who fail to provide a

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    Florida Senate - 2006                           CS for SB 1928
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 1         specimen; requiring the administration of a

 2         school to meet with a student who tests

 3         positive and his or her parent to review the

 4         finding, penalties, and procedure for challenge

 5         and appeal; providing penalties for first,

 6         second, and third positive findings; providing

 7         due process procedures for challenge and

 8         appeal; requiring the organization to provide

 9         an annual report to the Legislature on the

10         results of the program; providing an exemption

11         from civil liability resulting from

12         implementation of the program; requiring the

13         Department of Legal Affairs to provide defense

14         in claims of civil liability; requiring program

15         expenses to be paid through legislative

16         appropriation; providing for expiration of the

17         program; providing an appropriation; providing

18         an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Paragraph (d) of subsection (3) of section

23  1002.22, Florida Statutes, is amended to read:

24         1002.22  Student records and reports; rights of parents

25  and students; notification; penalty.--

26         (3)  RIGHTS OF PARENT OR STUDENT.--The parent of any

27  student who attends or has attended any public school, career

28  center, or public postsecondary educational institution shall

29  have the following rights with respect to any records or

30  reports created, maintained, and used by any public

31  educational institution in the state. However, whenever a

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    Florida Senate - 2006                           CS for SB 1928
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 1  student has attained 18 years of age, or is attending a

 2  postsecondary educational institution, the permission or

 3  consent required of, and the rights accorded to, the parents

 4  of the student shall thereafter be required of and accorded to

 5  the student only, unless the student is a dependent student of

 6  such parents as defined in 26 U.S.C. s. 152 (s. 152 of the

 7  Internal Revenue Code of 1954). The State Board of Education

 8  shall adopt rules whereby parents or students may exercise

 9  these rights:

10         (d)  Right of privacy.--Every student has a right of

11  privacy with respect to the educational records kept on him or

12  her. Personally identifiable records or reports of a student,

13  and any personal information contained therein, are

14  confidential and exempt from s. 119.07(1). A state or local

15  educational agency, board, public school, career center, or

16  public postsecondary educational institution may not permit

17  the release of such records, reports, or information without

18  the written consent of the student's parent, or of the student

19  himself or herself if he or she is qualified as provided in

20  this subsection, to any individual, agency, or organization.

21  However, personally identifiable records or reports of a

22  student may be released to the following persons or

23  organizations without the consent of the student or the

24  student's parent:

25         1.  Officials of schools, school systems, career

26  centers, or public postsecondary educational institutions in

27  which the student seeks or intends to enroll; and a copy of

28  such records or reports shall be furnished to the parent or

29  student upon request.

30         2.  Other school officials, including teachers within

31  the educational institution or agency, who have legitimate

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 1  educational interests in the information contained in the

 2  records.

 3         3.  The United States Secretary of Education, the

 4  Director of the National Institute of Education, the Assistant

 5  Secretary for Education, the Comptroller General of the United

 6  States, or state or local educational authorities who are

 7  authorized to receive such information subject to the

 8  conditions set forth in applicable federal statutes and

 9  regulations of the United States Department of Education, or

10  in applicable state statutes and rules of the State Board of

11  Education.

12         4.  Other school officials, in connection with a

13  student's application for or receipt of financial aid.

14         5.  Individuals or organizations conducting studies for

15  or on behalf of an institution or a board of education for the

16  purpose of developing, validating, or administering predictive

17  tests, administering student aid programs, or improving

18  instruction, if the studies are conducted in a manner that

19  does not permit the personal identification of students and

20  their parents by persons other than representatives of such

21  organizations and if the information will be destroyed when no

22  longer needed for the purpose of conducting such studies.

23         6.  Accrediting organizations, in order to carry out

24  their accrediting functions.

25         7.  Early learning coalitions and the Agency for

26  Workforce Innovation in order to carry out their assigned

27  duties.

28         8.  For use as evidence in student expulsion hearings

29  conducted by a district school board under chapter 120.

30         9.  Appropriate parties in connection with an

31  emergency, if knowledge of the information in the student's

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 1  educational records is necessary to protect the health or

 2  safety of the student or other individuals.

 3         10.  The Auditor General and the Office of Program

 4  Policy Analysis and Government Accountability in connection

 5  with their official functions; however, except when the

 6  collection of personally identifiable information is

 7  specifically authorized by law, any data collected by the

 8  Auditor General and the Office of Program Policy Analysis and

 9  Government Accountability is confidential and exempt from s.

10  119.07(1) and shall be protected in a way that does not permit

11  the personal identification of students and their parents by

12  other than the Auditor General, the Office of Program Policy

13  Analysis and Government Accountability, and their staff, and

14  the personally identifiable data shall be destroyed when no

15  longer needed for the Auditor General's and the Office of

16  Program Policy Analysis and Government Accountability's

17  official use.

18         11.a.  A court of competent jurisdiction in compliance

19  with an order of that court or the attorney of record in

20  accordance with a lawfully issued subpoena, upon the condition

21  that the student and the student's parent are notified of the

22  order or subpoena in advance of compliance therewith by the

23  educational institution or agency.

24         b.  A person or entity in accordance with a court of

25  competent jurisdiction in compliance with an order of that

26  court or the attorney of record pursuant to a lawfully issued

27  subpoena, upon the condition that the student, or his or her

28  parent if the student is either a minor and not attending a

29  postsecondary educational institution or a dependent of such

30  parent as defined in 26 U.S.C. s. 152 (s. 152 of the Internal

31  Revenue Code of 1954), is notified of the order or subpoena in

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    Florida Senate - 2006                           CS for SB 1928
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 1  advance of compliance therewith by the educational institution

 2  or agency.

 3         12.  Credit bureaus, in connection with an agreement

 4  for financial aid that the student has executed, if the

 5  information is disclosed only to the extent necessary to

 6  enforce the terms or conditions of the financial aid

 7  agreement. Credit bureaus shall not release any information

 8  obtained under this paragraph to any person.

 9         13.  Parties to an interagency agreement among the

10  Department of Juvenile Justice, school and law enforcement

11  authorities, and other signatory agencies for the purpose of

12  reducing juvenile crime and especially motor vehicle theft by

13  promoting cooperation and collaboration, and the sharing of

14  appropriate information in a joint effort to improve school

15  safety, to reduce truancy and in-school and out-of-school

16  suspensions, and to support alternatives to in-school and

17  out-of-school suspensions and expulsions that provide

18  structured and well-supervised educational programs

19  supplemented by a coordinated overlay of other appropriate

20  services designed to correct behaviors that lead to truancy,

21  suspensions, and expulsions, and that support students in

22  successfully completing their education. Information provided

23  in furtherance of the interagency agreements is intended

24  solely for use in determining the appropriate programs and

25  services for each juvenile or the juvenile's family, or for

26  coordinating the delivery of the programs and services, and as

27  such is inadmissible in any court proceedings before a

28  dispositional hearing unless written consent is provided by a

29  parent or other responsible adult on behalf of the juvenile.

30         14.  Consistent with the Family Educational Rights and

31  Privacy Act, the Department of Children and Family Services or

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    Florida Senate - 2006                           CS for SB 1928
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 1  a community-based care lead agency acting on behalf of the

 2  Department of Children and Family Services, as appropriate.

 3         15.  The Florida High School Athletic Association, the

 4  administration of the student's school, the administration of

 5  any school to which the student may transfer during a

 6  suspension from participation in interscholastic athletics

 7  resulting from a positive finding, the student, and the

 8  student's parent only in accordance with the requirements of

 9  s. 1006.20(10).

10  

11  This paragraph does not prohibit any educational institution

12  from publishing and releasing to the general public directory

13  information relating to a student if the institution elects to

14  do so. However, no educational institution shall release, to

15  any individual, agency, or organization that is not listed in

16  subparagraphs 1.-14., directory information relating to the

17  student body in general or a portion thereof unless it is

18  normally published for the purpose of release to the public in

19  general. Any educational institution making directory

20  information public shall give public notice of the categories

21  of information that it has designated as directory information

22  for all students attending the institution and shall allow a

23  reasonable period of time after the notice has been given for

24  a parent or student to inform the institution in writing that

25  any or all of the information designated should not be

26  released.

27         Section 2.  Subsection (10) is added to section

28  1006.20, Florida Statutes, to read:

29         1006.20  Athletics in public K-12 schools.--

30         (10)  RANDOM DRUG TESTING PROGRAM.--

31  

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    Florida Senate - 2006                           CS for SB 1928
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 1         (a)  The organization shall facilitate a 3-year program

 2  during the 2006-2007, 2007-2008, and 2008-2009 academic years

 3  in which students in grades 9 through 12 in its member schools

 4  who participate in interscholastic athletics governed by the

 5  organization shall be subject to random testing for the use of

 6  anabolic steroids as defined in s. 893.03(3)(d). All schools,

 7  both public and private, shall consent to the provisions of

 8  this subsection as a prerequisite for membership in the

 9  organization for the duration of the program.

10         (b)  The organization's board of directors shall

11  establish procedures for the conduct of the program which, at

12  a minimum, shall provide for the following:

13         1.  The organization shall select and enter into a

14  contract with a testing agency that will administer the

15  testing program. The laboratory used by the testing agency to

16  analyze specimens shall be accredited by the World Anti-Doping

17  Agency.

18         2.  A minimum of 1 percent of the total students who

19  participate in each interscholastic sport, based on

20  participation numbers reported to the organization during the

21  preceding academic year, shall be randomly selected to undergo

22  a test in each year of the program.

23         3.  Each member school shall report to the organization

24  each year the names of students who will represent the school

25  in interscholastic athletics during that year. A student shall

26  not be eligible to participate in interscholastic athletics in

27  a member school until the student's name has been reported to

28  the organization by the school in the year in which such

29  participation is to occur.

30         4.  Each year, the organization shall provide to the

31  testing agency all names of students that are submitted by its

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    Florida Senate - 2006                           CS for SB 1928
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 1  member schools. The testing agency shall make its random

 2  selections for testing from these names.

 3         5.  The testing agency shall notify not fewer than 7

 4  days in advance both the administration of a school and the

 5  organization of the date on which its representatives will be

 6  present at the school to collect a specimen from a randomly

 7  selected student. However, the name of the student from which

 8  a specimen is to be collected shall not be disclosed.

 9         6.  The records containing the findings of a student's

10  drug test held by the testing agency that contracts with the

11  organization for the testing program under this subsection

12  must be maintained separately from a student's educational

13  records and must be disclosed in accordance with s.

14  1002.22(3)(d) by the testing agency only to the organization,

15  the student, the student's parent, the administration of the

16  student's school, and the administration of any school to

17  which the student may transfer during a suspension from

18  participation in interscholastic athletics resulting from a

19  positive finding.

20         (c)  In each year of the program, each student who

21  wishes to participate in interscholastic athletics and his or

22  her parent must consent to the provisions of this subsection

23  as a prerequisite for athletic eligibility. This consent shall

24  be in writing on a form prescribed by the organization and

25  provided to the student by his or her school. Failure to

26  complete and sign the consent form shall result in the

27  student's ineligibility to participate in all interscholastic

28  athletics. The consent form shall include the following

29  information:

30         1.  A brief description of the drug testing program.

31  

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 1         2.  The penalties for a first, second, and third

 2  positive finding.

 3         3.  The procedure for challenging a positive finding.

 4         4.  The procedure for appealing a prescribed penalty.

 5         (d)  A student who is selected for testing and fails to

 6  provide a specimen shall be immediately suspended from

 7  interscholastic athletic practice and competition until such

 8  time as a specimen is provided.

 9         (e)  If a student tests positive in a test administered

10  under this subsection, the administration of the school the

11  student attends shall immediately:

12         1.  Suspend the student from participation in all

13  interscholastic athletic practice and competition.

14         2.  Notify and schedule a meeting with the student and

15  his or her parent during which the principal or his or her

16  designee shall review with them the positive finding, the

17  procedure for challenging the positive finding, the prescribed

18  penalties, and the procedure for appealing the prescribed

19  penalties.

20         (f)  The following penalties are prescribed for

21  positive findings resulting from tests administered under this

22  subsection:

23         1.  For a first positive finding, the student shall be

24  suspended from all interscholastic athletic practice and

25  competition for a period of 90 school days and shall be

26  subject to a mandatory exit test for restoration of

27  eligibility no sooner than the 60th school day of the

28  suspension. If the exit test is negative, the organization

29  shall restore the eligibility of the student at the conclusion

30  of the 90-school-day period of suspension. If the exit test is

31  positive, the student shall remain suspended from all

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 1  interscholastic athletic practice and competition until such

 2  time as a subsequent retest of the student results in a

 3  negative finding. The student shall be subject to repeated

 4  tests for the duration of his or her high school athletic

 5  eligibility.

 6         2.  For a second positive finding, the student shall be

 7  suspended from all interscholastic athletic practice and

 8  competition for a period of 1 calendar year and shall be

 9  subject to a mandatory exit test for restoration of

10  eligibility no sooner than the 11th month of the suspension.

11  If the exit test is negative, the organization shall restore

12  the eligibility of the student at the conclusion of the

13  1-calendar-year period of suspension. If the exit test is

14  positive, the student shall remain suspended from all

15  interscholastic athletic practice and competition until such

16  time as a subsequent retest of the student results in a

17  negative finding. The student shall be subject to repeated

18  tests for the duration of his or her high school athletic

19  eligibility.

20         3.  For a third positive finding, the student shall be

21  permanently suspended from all interscholastic athletic

22  practice and competition.

23         (g)  In addition to the penalties prescribed in

24  paragraph (f), a student who tests positive in a test

25  administered under this subsection shall attend and complete

26  an appropriate mandatory drug education program conducted by

27  the student's school, the student's school district, or a

28  third-party organization contracted by the school or school

29  district to conduct such an education program.

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 1         (h)  The following due process shall be afforded each

 2  student who tests positive in a test administered under this

 3  subsection:

 4         1.  The member school may challenge a positive finding

 5  and must challenge a positive finding at the request of the

 6  student. A sample of the original specimen provided by the

 7  student and retained by the testing agency shall be analyzed.

 8  The member school or the student's parent shall pay the cost

 9  of the analysis. If the analysis results in a positive

10  finding, the student shall remain ineligible until the

11  prescribed penalty is fulfilled. If the analysis results in a

12  negative finding, the organization shall immediately restore

13  the eligibility of the student and shall refund to the member

14  school or student's parent the cost of the analysis. The

15  student shall remain suspended from interscholastic athletic

16  practice and competition during the challenge.

17         2.a.  A member school may appeal to the organization's

18  commissioner the period of ineligibility imposed on a student

19  as a result of a positive finding and must appeal at the

20  request of the student. The commissioner may require the

21  student to complete the prescribed penalty, reduce the

22  prescribed penalty by one-half, or provide complete relief

23  from the prescribed penalty. Regardless of the decision of the

24  commissioner, the student shall remain ineligible until the

25  student tests negative on the mandatory exit test and the

26  student's eligibility is restored by the organization.

27         b.  Should the school or student be dissatisfied with

28  the decision of the commissioner, the school may pursue the

29  appeal before the organization's board of directors and must

30  do so at the request of the student. The board of directors

31  may require the student to complete the prescribed penalty,

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 1  reduce the prescribed penalty by one-half, or provide complete

 2  relief from the prescribed penalty. Regardless of the decision

 3  of the board of directors, the student shall remain ineligible

 4  until the student tests negative on the mandatory exit test

 5  and the student's eligibility is restored by the organization.

 6  The decision of the board of directors on each appeal shall be

 7  final.

 8         c.  Technical experts may serve as consultants to both

 9  the organization's commissioner and its board of directors in

10  connection with such appeals.

11         (i)  No later than October 1 following each year of the

12  program, the organization shall submit to the President of the

13  Senate and the Speaker of the House of Representatives a

14  report on the results of the program for that year, as well as

15  the aggregate results of the program to date. The report shall

16  include statistics on the number of students tested; the

17  number of first, second, and third violations; the number of

18  challenges and their results; the number of appeals and their

19  dispositions; and the costs incurred by the organization in

20  the administration of the program, including attorney's fees

21  and other expenses of litigation.

22         (j)  The organization, members of its board of

23  directors, and its employees and member schools and their

24  employees are exempt from civil liability arising from any act

25  or omission in connection with the program conducted under

26  this subsection. The Department of Legal Affairs shall defend

27  the organization, members of its board of directors, and its

28  employees and member schools and their employees in any action

29  against such parties arising from any such act or omission. In

30  providing such defense, the Department of Legal Affairs may

31  employ or use the legal services of outside counsel.

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 1         (k)  All expenses of the program shall be paid with

 2  funds appropriated by the Legislature. Such expenses shall

 3  include, but not be limited to, all fees and expenses charged

 4  by the testing agency for administrative services, specimen

 5  collection services, and specimen analysis; all administrative

 6  expenses incurred by the organization in the facilitation of

 7  the program; and all attorney's fees and other expenses of

 8  litigation resulting from legal challenges related to the

 9  program.

10         (l)  The provisions of this subsection shall expire on

11  June 30, 2009, or at such earlier date as appropriated funds

12  are exhausted.

13         Section 3.  There is appropriated from the General

14  Revenue Fund to the Florida High School Athletic Association

15  the sum of $3 million for the purpose of administering the

16  provisions of s. 1006.20(10), Florida Statutes, as created by

17  this act. Any unexpended or unencumbered balance remaining at

18  the end of the 2008-2009 fiscal year shall revert to the

19  General Revenue Fund.

20         Section 4.  This act shall take effect July 1, 2006.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1928

 3                                 

 4  The committee substitute creates an exception to the public
    records exemption for student records under s. 1002.22(3),
 5  F.S., to authorize the disclosure of student records to the
    Florida High School Athletic Association (FHSAA), the
 6  administration of the student's school, the administration of
    any school to which the student may transfer during a
 7  suspension from participation in interscholastic athletics
    resulting from a positive drug finding, the student, and the
 8  student's parent only in accordance with the requirements of
    s. 1006.20(10), F.S., which relates to the drug testing
 9  program to randomly test for anabolic steroids in students
    grade 9th through 12th who participate in interscholastic
10  athletics in member schools of FHSAA. The committee substitute
    clarifies that records that contain findings of a drug test
11  held by the testing agency that contracts with FHSAA, rather
    than the "finding of a drug test," must be maintained
12  separately from a student's educational records and may be
    disclosed to certain persons.
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