HB 0077CS

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 student health and fitness; providing a
7popular name; amending s. 1001.42, F.S.; requiring
8district school boards to annually provide a student
9health report to each parent; requiring school improvement
10plans to address issues relative to student health and
11fitness; requiring policies that encourage school site
12decisionmaking relating to student health and fitness
13standards; amending s. 1001.43, F.S.; allowing district
14school boards to adopt policies regarding indoor
15environmental quality; amending s. 1001.452, F.S.;
16requiring each school advisory council to have a member
17from a health care profession; providing for input on
18composition of school advisory councils from health care
19related professional organizations; requiring school
20advisory councils to make recommendations each year on
21ways to maintain or improve student health and fitness;
22requiring district school boards to adopt a districtwide
23plan on student health and fitness to be submitted to the
24Department of Education; requiring the department to
25conduct a study on student health and fitness; requiring
26the department to develop and distribute support materials
27to assist local implementation of programs to improve
28student health and fitness; requiring the department to
29report its findings to the Governor and the Legislature;
30providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Popular name.--This act shall be known by the
35popular name the "Healthy Achievers Act."
36     Section 2.  Paragraph (f) is added to subsection (15) of
37section 1001.42, Florida Statutes, and paragraph (a) of
38subsection (16) and paragraph (a) of subsection (17) of said
39section are amended, to read:
40     1001.42  Powers and duties of district school board.--The
41district school board, acting as a board, shall exercise all
42powers and perform all duties listed below:
43     (15)  PUBLIC INFORMATION AND PARENTAL INVOLVEMENT
44PROGRAM.--
45     (f)  Annually provide a student health report to each
46parent. The report shall contain information as to whether the
47student is overweight, at risk of becoming overweight, a healthy
48weight, or underweight. The report shall include general health
49information and district contact information. In preparing the
50report, districts shall utilize the support materials and
51information developed by the Department of Education pursuant to
52section 5 of this act.
53     (16)  IMPLEMENT SCHOOL IMPROVEMENT AND
54ACCOUNTABILITY.--Maintain a system of school improvement and
55Maintain a system of school improvement and education
56accountability as provided by statute and State Board of
57Education rule. This system of school improvement and education
58accountability shall be consistent with, and implemented
59through, the district's continuing system of planning and
60budgeting required by this section and ss. 1008.385, 1010.01,
61and 1011.01. This system of school improvement and education
62accountability shall include, but is not limited to, the
63following:
64     (a)  School improvement plans.--Annually approve and
65require implementation of a new, amended, or continuation school
66improvement plan for each school in the district, except that a
67district school board may establish a district school
68improvement plan that includes all schools in the district
69operating for the purpose of providing educational services to
70youth in Department of Juvenile Justice programs. Such plan
71shall be designed to achieve the state education priorities
72pursuant to s. 1000.03(5) and student performance standards.
73Each plan shall also address issues relative to budget,
74training, instructional materials, technology, staffing, student
75support services, specific school safety and discipline
76strategies, student health and fitness, and other matters of
77resource allocation, as determined by district school board
78policy, and shall be based on an analysis of student achievement
79and other school performance data.
80     (17)  LOCAL-LEVEL DECISIONMAKING.--
81     (a)  Adopt policies that clearly encourage and enhance
82maximum decisionmaking appropriate to the school site. Such
83policies must include guidelines for schools in the adoption and
84purchase of district and school site instructional materials and
85technology, the implementation of student health and fitness
86standards, staff training, school advisory council member
87training, student support services, budgeting, and the
88allocation of staff resources.
89     Section 3.  Subsection (4) of section 1001.43, Florida
90Statutes, is amended to read:
91     1001.43  Supplemental powers and duties of district school
92board.--The district school board may exercise the following
93supplemental powers and duties as authorized by this code or
94State Board of Education rule.
95     (4)  FACILITIES MANAGEMENT.--The district school board may
96adopt policies providing for management of the physical campus
97and its environs, including, but not limited to, energy
98conservation measures; indoor environmental quality; building
99and ground maintenance; fencing, landscaping, and other property
100improvements; site acquisition; new construction and renovation;
101dedication and rededication or naming and renaming of district
102buildings and other district facilities; and development of
103facilities management planning and priorities.
104     Section 4.  Section 1001.452, Florida Statutes, is amended
105to read:
106     1001.452  District and school advisory councils.--
107     (1)  ESTABLISHMENT.--
108     (a)  The district school board shall establish an advisory
109council for each school in the district and shall develop
110procedures for the election and appointment of advisory council
111members. Each school advisory council shall include in its name
112the words "school advisory council." The school advisory council
113shall be the sole body responsible for final decisionmaking at
114the school relating to implementation of the provisions of ss.
1151001.42(16) and 1008.345. A majority of the members of each
116school advisory council must be persons who are not employed by
117the school. Each advisory council shall be composed of the
118principal and an appropriately balanced number of teachers,
119education support employees, students, parents, and other
120business and community citizens, including at least one person
121from a health care profession, who are representative of the
122ethnic, racial, and economic community served by the school.
123Technical center and high school advisory councils shall include
124students, and middle and junior high school advisory councils
125may include students. School advisory councils of technical and
126adult education centers are not required to include parents as
127members. Council members representing teachers, education
128support employees, students, and parents shall be elected by
129their respective peer groups at the school in a fair and
130equitable manner as follows:
131     1.  Teachers shall be elected by teachers.
132     2.  Education support employees shall be elected by
133education support employees.
134     3.  Students shall be elected by students.
135     4.  Parents shall be elected by parents.
136
137The district school board shall establish procedures for use by
138schools in selecting business and community members that include
139means of ensuring wide notice of vacancies and of taking input
140on possible members from local business, chambers of commerce,
141community and civic organizations and groups, health care
142related professional organizations, and the public at large. The
143district school board shall review the membership composition of
144each advisory council. If the district school board determines
145that the membership elected by the school is not representative
146of the ethnic, racial, and economic community served by the
147school, the district school board shall appoint additional
148members to achieve proper representation. The commissioner shall
149determine if schools have maximized their efforts to include on
150their advisory councils minority persons and persons of lower
151socioeconomic status. Although schools are strongly encouraged
152to establish school advisory councils, the district school board
153of any school district that has a student population of 10,000
154or fewer may establish a district advisory council which shall
155include at least one duly elected teacher from each school in
156the district. For the purposes of school advisory councils and
157district advisory councils, the term "teacher" shall include
158classroom teachers, certified student services personnel, and
159media specialists. For purposes of this paragraph, "education
160support employee" means any person employed by a school who is
161not defined as instructional or administrative personnel
162pursuant to s. 1012.01 and whose duties require 20 or more hours
163in each normal working week.
164     (b)  The district school board may establish a district
165advisory council representative of the district and composed of
166teachers, students, parents, and other citizens or a district
167advisory council that may be comprised of representatives of
168each school advisory council. Recognized schoolwide support
169groups that meet all criteria established by law or rule may
170function as school advisory councils.
171     (c)  For those schools operating for the purpose of
172providing educational services to youth in Department of
173Juvenile Justice programs, district school boards may establish
174a district advisory council with appropriate representatives for
175the purpose of developing and monitoring a district school
176improvement plan that encompasses all such schools in the
177district, pursuant to s. 1001.42(16)(a).
178     (d)  Each school advisory council shall adopt bylaws
179establishing procedures for:
180     1.  Requiring a quorum to be present before a vote may be
181taken by the school advisory council. A majority of the
182membership of the council constitutes a quorum.
183     2.  Requiring at least 3 days' advance notice in writing to
184all members of the advisory council of any matter that is
185scheduled to come before the council for a vote.
186     3.  Scheduling meetings when parents, students, teachers,
187businesspersons, and members of the community can attend.
188     4.  Replacing any member who has two unexcused consecutive
189absences from a school advisory council meeting that is noticed
190according to the procedures in the bylaws.
191     5.  Recording minutes of meetings.
192
193The district school board may review all proposed bylaws of a
194school advisory council and shall maintain a record of minutes
195of council meetings.
196(2)  GENERAL DUTIES.--Each school advisory council shall:
197(a)  Perform such functions as are prescribed by
198regulations of the district school board; however, no advisory
199council shall have any of the powers and duties now reserved by
200law to the district school board.
201(b)  Each school advisory council shall Assist in the
202preparation and evaluation of the school improvement plan
203required pursuant to s. 1001.42(16).
204(c)  Make recommendations by March 1 of each year to
205maintain or improve student health and fitness. During the
206recommendation process, a public meeting shall be held by each
207advisory council to give parents an opportunity to express ideas
208or concerns about the school's role in, or effect on, student
209health and fitness. When making recommendations, consideration
210shall be given to, but not limited to, the following areas:
211     1.  Nutrition.--Issues affecting student nutrition,
212including the school food service program offerings, use of food
213of minimal nutritional value as classroom incentives or as
214fundraisers, vending machine contents and hours of availability,
215and the level of nutrition education in the curriculum.
216     2.  Physical fitness.--Opportunities to increase student
217fitness, including the content, length, and frequency of
218physical education classes and recesses; activity requirements
219of before school, after school, and summer school programs;
220school participation in organized activity programs that include
221regular monitoring and assessment of student fitness; and the
222use of school grounds as public parks.
223     3.  Parental information.--The needs of parents to have a
224source of information about the health and fitness status of
225their children.
226     4.  Indoor environmental quality.--The need or desirability
227of having regular indoor environmental quality inspections or
228establishing indoor environmental quality standards.
229
230The advisory council's recommendations shall be distributed to
231the school's parents and principal and submitted to the district
232school board. The district school board, using advisory council
233recommendations, shall develop a districtwide plan to address
234student health and fitness. The presence of a districtwide plan
235does not preclude a school from implementing recommendations
236from its advisory council if the school would otherwise have the
237authority to take the recommended action. By May 1 of each year,
238the district school board shall submit the districtwide student
239health and fitness plan to the department.
240     (3)  BUDGET DUTIES.--With technical assistance from the
241Department of Education, each school advisory council shall
242assist in the preparation of the school's annual budget and plan
243as required by s. 1008.385(1). A portion of funds provided in
244the annual General Appropriations Act for use by school advisory
245councils must be used for implementing the school improvement
246plan.
247     Section 5.  (1)  The Department of Education shall conduct
248a study to gather information concerning student health and
249fitness in each school district and develop support materials
250school districts or individual schools could use to improve
251student health and fitness through local action.
252     (2)  The study shall include an examination of:
253     (a)  The average length and frequency of physical education
254classes in elementary, middle, and high school, respectively, by
255school district.
256     (b)  The percent of physical education classes taught by
257certified physical education instructors.
258     (c)  The degree to which individual schools within a school
259district are allowed to add to or modify district physical
260education requirements.
261     (d)  The availability of fitness assessment programs, like
262the President's Challenge Physical Fitness Program, which could
263be adopted by schools or entire school districts to provide
264feedback on and encourage student fitness.
265     (e)  Methods of providing feedback to a parent through a
266student health report that would summarize a student's health
267and fitness.
268     (3)  By December 1, 2004, the department shall develop
269support materials and distribute them to each school district to
270enable implementation of fitness assessment programs recommended
271pursuant to s. 1001.452(2)(c), Florida Statutes, or student
272health reports required pursuant to s. 1001.42(15)(f), Florida
273Statutes. The support materials shall include the necessary
274instructions, procedures, and forms to implement and
275successfully administer the programs or reports. The department
276may develop and distribute other support or informational
277materials it determines may assist schools or school districts
278to improve student health and fitness through local action.
279     (4)  The Department of Education shall report the results
280of the study to the Governor, the President of the Senate, and
281the Speaker of the House of Representatives by December 1, 2004.
282The report shall include results of the study, any identified
283barriers to local action to improve student health and fitness,
284and any recommendations based upon the study that would require
285funding or statutory changes.
286     Section 6.  This act shall take effect July 1, 2004.


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