HB 0113

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


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