HB 0113CS

CHAMBER ACTION




1The Committee on Education K-20 recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to powers and duties of district school
7boards; amending s. 1001.43, F.S.; authorizing district
8school board programs and policies to require drug testing
9of middle and high school students in certain
10circumstances; prohibiting district school boards from
11using instructional funds to pay for testing; prohibiting
12district school boards from excluding students from
13extracurricular activities based on inability to pay for
14testing; authorizing the State Board of Education to adopt
15rules; providing an effective date.
16
17     WHEREAS, the State of Florida considers providing a quality
18education to its children the highest of priorities, and
19     WHEREAS, participation in extracurricular activities is a
20key component of school life, is essential for students applying
21to college, and is a significant contributor to the breadth and
22quality of the educational experience for all participants, and
23     WHEREAS, extracurricular activities are an integral part of
24the educational process, providing personal challenges and
25responsibility, skill in competition, teamwork cultivation, and
26school pride, and
27     WHEREAS, the State of Florida has a compelling interest in
28ensuring that children are educated and compete in a safe and
29healthy environment, and
30     WHEREAS, the use of illicit drugs, performance enhancing
31drugs, and certain prescription drugs is considered a health and
32safety threat within Florida's schools, playgrounds, and
33athletic fields and forums, and
34     WHEREAS, studies and pilot projects have found a
35significant curtailment of drug use among students who are
36subject to drug testing, NOW, THEREFORE,
37
38Be It Enacted by the Legislature of the State of Florida:
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40     Section 1.  Subsection (1) of section 1001.43, Florida
41Statutes, is amended to read:
42     1001.43  Supplemental powers and duties of district school
43board.--The district school board may exercise the following
44supplemental powers and duties as authorized by this code or
45State Board of Education rule.
46     (1)  STUDENT MANAGEMENT.--The district school board may
47adopt programs and policies to ensure the safety and welfare of
48individuals, the student body, and school personnel, which
49programs and policies may:
50     (a)  Prohibit the possession of weapons and drugs on
51campus, student hazing, and other activities that could threaten
52the operation of the school or the safety and welfare of the
53student body or school personnel.
54     (b)  Require middle and high school students, as a
55condition of participation in any extracurricular activity, to
56consent to urinalysis testing for the presence of any controlled
57substance listed in s. 893.03. Funds provided by the state for
58student instruction shall not be used to pay for the testing
59authorized by this paragraph. No student shall be prevented from
60participating in any extracurricular activity because of
61inability to pay for such testing. The procedures for
62implementing this paragraph shall be prescribed by rules of the
63State Board of Education pursuant to ss. 120.536(1) and 120.54.
64     (c)(b)  Require uniforms to be worn by the student body, or
65impose other dress-related requirements, if the district school
66board finds that those requirements are necessary for the safety
67or welfare of the student body or school personnel.
68     (d)(c)  Provide procedures for student dismissal
69precautions and for granting permission for students to leave
70school grounds during school hours, including releasing a
71student from school upon request by a parent or for public
72appearances of school groups.
73     (e)(d)  Provide procedures for managing protests,
74demonstrations, sit-ins, walk-outs, or other acts of civil
75disobedience.
76     (f)(e)  Provide procedures for detaining students and for
77readmission of students after expulsion.
78     (g)(f)  Regulate student automobile use and parking.
79     Section 2.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.