Senate Bill sb1034

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    Florida Senate - 2005                                  SB 1034

    By Senator Baker





    20-810-05                                           See HB 149

  1                      A bill to be entitled

  2         An act relating to extracurricular student

  3         activities; amending s. 1006.15, F.S.;

  4         providing that eligibility requirements for

  5         participation shall apply to all

  6         extracurricular activities rather than to

  7         interscholastic activities only; providing that

  8         a student shall not be precluded from

  9         participation in certain activities; providing

10         certain restrictions with respect to

11         participation; amending ss. 1002.33 and

12         1002.41, F.S.; conforming provisions; providing

13         an effective date.

14  

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

16  

17         Section 1.  Section 1006.15, Florida Statutes, is

18  amended to read:

19         1006.15  Student standards for participation in

20  interscholastic extracurricular student activities;

21  regulation.--

22         (1)  This section may be cited as the "Craig Dickinson

23  Act."

24         (2)  Interscholastic Extracurricular student activities

25  are an important complement to the academic curriculum.

26  Participation in a comprehensive extracurricular and academic

27  program contributes to student development of the social and

28  intellectual skills necessary to become a well-rounded adult.

29  As used in this section, the term "extracurricular" means any

30  school-authorized or education-related activity, including,

31  but not limited to, interscholastic activities, occurring

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    Florida Senate - 2005                                  SB 1034
    20-810-05                                           See HB 149




 1  during or outside the regular instructional school day. For

 2  purposes of this section, a student shall not be precluded

 3  from receiving tutoring, performing community service, or

 4  attending school athletic, social, and academic functions.

 5  However, a student who is not eligible, pursuant to this

 6  section, to participate in extracurricular activities shall

 7  not perform at school functions or travel with a school team,

 8  band, club, or other organization to any event where the group

 9  is to compete or perform.

10         (3)(a)  To be eligible to participate in

11  interscholastic extracurricular student activities, a student

12  must:

13         1.  Maintain a grade point average of 2.0 or above on a

14  4.0 scale, or its equivalent, in the previous semester or a

15  cumulative grade point average of 2.0 or above on a 4.0 scale,

16  or its equivalent, in the courses required by s. 1003.43(1).

17         2.  Execute and fulfill the requirements of an academic

18  performance contract between the student, the district school

19  board, the appropriate governing association, and the

20  student's parents, if the student's cumulative grade point

21  average falls below 2.0, or its equivalent, on a 4.0 scale in

22  the courses required by s. 1003.43(1) or, for students who

23  entered the 9th grade prior to the 1997-1998 school year, if

24  the student's cumulative grade point average falls below 2.0

25  on a 4.0 scale, or its equivalent, in the courses required by

26  s. 1003.43(1) that are taken after July 1, 1997. At a minimum,

27  the contract must require that the student attend summer

28  school, or its graded equivalent, between grades 9 and 10 or

29  grades 10 and 11, as necessary.

30         3.  Have a cumulative grade point average of 2.0 or

31  above on a 4.0 scale, or its equivalent, in the courses

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    Florida Senate - 2005                                  SB 1034
    20-810-05                                           See HB 149




 1  required by s. 1003.43(1) during his or her junior or senior

 2  year.

 3         4.  Maintain satisfactory conduct and, if a student is

 4  convicted of, or is found to have committed, a felony or a

 5  delinquent act which would have been a felony if committed by

 6  an adult, regardless of whether adjudication is withheld, the

 7  student's participation in interscholastic extracurricular

 8  activities is contingent upon established and published

 9  district school board policy.

10         (b)  Any student who is exempt from attending a full

11  school day based on rules adopted by the district school board

12  for double session schools or programs, experimental schools,

13  or schools operating under emergency conditions must maintain

14  the grade point average required by this section and pass each

15  class for which he or she is enrolled.

16         (c)  An individual home education student is eligible

17  to participate at the public school to which the student would

18  be assigned according to district school board attendance area

19  policies or which the student could choose to attend pursuant

20  to district or interdistrict controlled open enrollment

21  provisions, or may develop an agreement to participate at a

22  private school, in the interscholastic extracurricular

23  activities of that school, provided the following conditions

24  are met:

25         1.  The home education student must meet the

26  requirements of the home education program pursuant to s.

27  1002.41.

28         2.  During the period of participation at a school, the

29  home education student must demonstrate educational progress

30  as required in paragraph (b) in all subjects taken in the home

31  education program by a method of evaluation agreed upon by the

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    Florida Senate - 2005                                  SB 1034
    20-810-05                                           See HB 149




 1  parent and the school principal which may include: review of

 2  the student's work by a certified teacher chosen by the

 3  parent; grades earned through correspondence; grades earned in

 4  courses taken at a community college, university, or trade

 5  school; standardized test scores above the 35th percentile; or

 6  any other method designated in s. 1002.41.

 7         3.  The home education student must meet the same

 8  residency requirements as other students in the school at

 9  which he or she participates.

10         4.  The home education student must meet the same

11  standards of acceptance, behavior, and performance as required

12  of other students in extracurricular activities.

13         5.  The student must register with the school his or

14  her intent to participate in interscholastic extracurricular

15  activities as a representative of the school before the

16  beginning date of the season for the activity in which he or

17  she wishes to participate. A home education student must be

18  able to participate in curricular activities if that is a

19  requirement for an extracurricular activity.

20         6.  A student who transfers from a home education

21  program to a public school before or during the first grading

22  period of the school year is academically eligible to

23  participate in interscholastic extracurricular activities

24  during the first grading period provided the student has a

25  successful evaluation from the previous school year, pursuant

26  to subparagraph 2.

27         7.  Any public school or private school student who has

28  been unable to maintain academic eligibility for participation

29  in interscholastic extracurricular activities is ineligible to

30  participate in such activities as a home education student

31  until the student has successfully completed one grading

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    Florida Senate - 2005                                  SB 1034
    20-810-05                                           See HB 149




 1  period in home education pursuant to subparagraph 2. to become

 2  eligible to participate as a home education student.

 3         (d)  An individual charter school student pursuant to

 4  s. 1002.33 is eligible to participate at the public school to

 5  which the student would be assigned according to district

 6  school board attendance area policies or which the student

 7  could choose to attend, pursuant to district or interdistrict

 8  controlled open-enrollment provisions, in any interscholastic

 9  extracurricular activity of that school, unless such activity

10  is provided by the student's charter school, if the following

11  conditions are met:

12         1.  The charter school student must meet the

13  requirements of the charter school education program as

14  determined by the charter school governing board.

15         2.  During the period of participation at a school, the

16  charter school student must demonstrate educational progress

17  as required in paragraph (b).

18         3.  The charter school student must meet the same

19  residency requirements as other students in the school at

20  which he or she participates.

21         4.  The charter school student must meet the same

22  standards of acceptance, behavior, and performance that are

23  required of other students in extracurricular activities.

24         5.  The charter school student must register with the

25  school his or her intent to participate in interscholastic

26  extracurricular activities as a representative of the school

27  before the beginning date of the season for the activity in

28  which he or she wishes to participate. A charter school

29  student must be able to participate in curricular activities

30  if that is a requirement for an extracurricular activity.

31  

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    Florida Senate - 2005                                  SB 1034
    20-810-05                                           See HB 149




 1         6.  A student who transfers from a charter school

 2  program to a traditional public school before or during the

 3  first grading period of the school year is academically

 4  eligible to participate in interscholastic extracurricular

 5  activities during the first grading period if the student has

 6  a successful evaluation from the previous school year,

 7  pursuant to subparagraph 2.

 8         7.  Any public school or private school student who has

 9  been unable to maintain academic eligibility for participation

10  in interscholastic extracurricular activities is ineligible to

11  participate in such activities as a charter school student

12  until the student has successfully completed one grading

13  period in a charter school pursuant to subparagraph 2. to

14  become eligible to participate as a charter school student.

15         (4)  The student standards for participation in

16  interscholastic extracurricular activities must be applied

17  beginning with the student's first semester of the 9th grade.

18  Each student must meet such other requirements for

19  participation as may be established by the district school

20  board; however, a district school board may not establish

21  requirements for participation in interscholastic

22  extracurricular activities which make participation in such

23  activities less accessible to home education students than to

24  other students. Except as set forth in paragraph (3)(c),

25  evaluation processes or requirements that are placed on home

26  education student participants may not go beyond those that

27  apply under s. 1002.41 to home education students generally.

28         (5)  Any organization or entity that regulates or

29  governs interscholastic extracurricular activities of public

30  schools:

31  

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    Florida Senate - 2005                                  SB 1034
    20-810-05                                           See HB 149




 1         (a)  Shall permit home education associations to join

 2  as member schools.

 3         (b)  Shall not discriminate against any eligible

 4  student based on an educational choice of public, private, or

 5  home education.

 6         (6)  Public schools are prohibited from membership in

 7  any organization or entity which regulates or governs

 8  interscholastic extracurricular activities and discriminates

 9  against eligible students in public, private, or home

10  education.

11         (7)  Any insurance provided by district school boards

12  for participants in extracurricular activities shall cover the

13  participating home education student. If there is an

14  additional premium for such coverage, the participating home

15  education student shall pay the premium.

16         Section 2.  Subsection (11) of section 1002.33, Florida

17  Statutes, is amended to read:

18         1002.33  Charter schools.--

19         (11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR

20  ACTIVITIES.--A charter school student is eligible to

21  participate in an interscholastic extracurricular activity at

22  the public school to which the student would be otherwise

23  assigned to attend pursuant to s. 1006.15(3)(d).

24         Section 3.  Subsection (4) of section 1002.41, Florida

25  Statutes, is amended to read:

26         1002.41  Home education programs.--

27         (4)  Home education students may participate in

28  interscholastic extracurricular student activities in

29  accordance with the provisions of s. 1006.15.

30         Section 4.  This act shall take effect July 1, 2005.

31  

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