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