Senate Bill sb1034c1

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    Florida Senate - 2005                           CS for SB 1034

    By the Committee on Education; and Senator Baker





    581-1920-05

  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; authorizing district school

12         boards to establish a waiver process; requiring

13         the State Board of Education to approve school

14         district waiver processes; amending ss. 1002.33

15         and 1002.41, F.S.; conforming provisions;

16         requiring the Department of Education to

17         annually report data relating to student

18         participation in extracurricular activities;

19         providing an effective date.

20  

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

22  

23         Section 1.  Section 1006.15, Florida Statutes, is

24  amended to read:

25         1006.15  Student standards for participation in

26  interscholastic extracurricular student activities;

27  regulation.--

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

29  Act."

30         (2)  Interscholastic Extracurricular student activities

31  are an important complement to the academic curriculum.

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    Florida Senate - 2005                           CS for SB 1034
    581-1920-05




 1  Participation in a comprehensive extracurricular and academic

 2  program contributes to student development of the social and

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

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

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

 6  but not limited to, interscholastic activities, occurring

 7  during or outside the regular instructional school day. For

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

 9  from receiving tutoring, performing community service, or

10  attending school athletic, social, and academic functions.

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

12  section, to participate in extracurricular activities shall

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

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

15  is to compete or perform. This section does not prohibit a

16  student who is enrolled in a class designated by the student

17  course code directory provided by the Department of Education

18  from performing or traveling to compete or perform as part of

19  the class curriculum.

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

21  interscholastic extracurricular student activities, a student

22  must:

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

24  4.0 scale, or its equivalent, in the previous semester or a

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

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

27         2.  Execute and fulfill the requirements of an academic

28  performance contract between the student, the district school

29  board, the appropriate governing association, and the

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

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

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    Florida Senate - 2005                           CS for SB 1034
    581-1920-05




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

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

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

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

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

 6  the contract must require that the student attend summer

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

 8  grades 10 and 11, as necessary.

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

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

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

12  year.

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

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

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

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

17  student's participation in interscholastic extracurricular

18  activities is contingent upon established and published

19  district school board policy.

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21  District school boards are encouraged to establish a process

22  to waive the requirements of this paragraph based on

23  extenuating circumstances of an individual student. The State

24  Board of Education shall approve each school district's waiver

25  process prior to implementation.

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

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

28  for double session schools or programs, experimental schools,

29  or schools operating under emergency conditions must maintain

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

31  class for which he or she is enrolled. The establishment and

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    Florida Senate - 2005                           CS for SB 1034
    581-1920-05




 1  approval of the waiver process pursuant to paragraph (a) shall

 2  apply to the requirements of this paragraph.

 3         (c)  An individual home education student is eligible

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

 5  be assigned according to district school board attendance area

 6  policies or which the student could choose to attend pursuant

 7  to district or interdistrict controlled open enrollment

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

 9  private school, in the interscholastic extracurricular

10  activities of that school, provided the following conditions

11  are met:

12         1.  The home education student must meet the

13  requirements of the home education program pursuant to s.

14  1002.41.

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

16  home education student must demonstrate educational progress

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

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

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

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

21  parent; grades earned through correspondence; grades earned in

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

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

24  any other method designated in s. 1002.41.

25         3.  The home education student must meet the same

26  residency requirements as other students in the school at

27  which he or she participates.

28         4.  The home education student must meet the same

29  standards of acceptance, behavior, and performance as required

30  of other students in extracurricular activities.

31  

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    Florida Senate - 2005                           CS for SB 1034
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 1         5.  The student must register with the school his or

 2  her intent to participate in interscholastic extracurricular

 3  activities as a representative of the school before the

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

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

 6  able to participate in curricular activities if that is a

 7  requirement for an extracurricular activity.

 8         6.  A student who transfers from a home education

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

10  period of the school year is academically eligible to

11  participate in interscholastic extracurricular activities

12  during the first grading period provided the student has a

13  successful evaluation from the previous school year, pursuant

14  to subparagraph 2.

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

16  been unable to maintain academic eligibility for participation

17  in interscholastic extracurricular activities is ineligible to

18  participate in such activities as a home education student

19  until the student has successfully completed one grading

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

21  eligible to participate as a home education student.

22         (d)  An individual charter school student pursuant to

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

24  which the student would be assigned according to district

25  school board attendance area policies or which the student

26  could choose to attend, pursuant to district or interdistrict

27  controlled open-enrollment provisions, in any interscholastic

28  extracurricular activity of that school, unless such activity

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

30  conditions are met:

31  

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    Florida Senate - 2005                           CS for SB 1034
    581-1920-05




 1         1.  The charter school student must meet the

 2  requirements of the charter school education program as

 3  determined by the charter school governing board.

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

 5  charter school student must demonstrate educational progress

 6  as required in paragraph (b).

 7         3.  The charter school student must meet the same

 8  residency requirements as other students in the school at

 9  which he or she participates.

10         4.  The charter school student must meet the same

11  standards of acceptance, behavior, and performance that are

12  required of other students in extracurricular activities.

13         5.  The charter school student must register with the

14  school his or her intent to participate in interscholastic

15  extracurricular activities as a representative of the school

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

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

18  student must be able to participate in curricular activities

19  if that is a requirement for an extracurricular activity.

20         6.  A student who transfers from a charter school

21  program to a traditional public school before or during the

22  first grading period of the school year is academically

23  eligible to participate in interscholastic extracurricular

24  activities during the first grading period if the student has

25  a successful evaluation from the previous school year,

26  pursuant 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 charter school student

31  until the student has successfully completed one grading

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    Florida Senate - 2005                           CS for SB 1034
    581-1920-05




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

 2  become eligible to participate as a charter school student.

 3         (4)  The student standards for participation in

 4  interscholastic extracurricular activities must be applied

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

 6  Each student must meet such other requirements for

 7  participation as may be established by the district school

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

 9  requirements for participation in interscholastic

10  extracurricular activities which make participation in such

11  activities less accessible to home education students than to

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

13  evaluation processes or requirements that are placed on home

14  education student participants may not go beyond those that

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

16         (5)  Any organization or entity that regulates or

17  governs interscholastic extracurricular activities of public

18  schools:

19         (a)  Shall permit home education associations to join

20  as member schools.

21         (b)  Shall not discriminate against any eligible

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

23  home education.

24         (6)  Public schools are prohibited from membership in

25  any organization or entity which regulates or governs

26  interscholastic extracurricular activities and discriminates

27  against eligible students in public, private, or home

28  education.

29         (7)  Any insurance provided by district school boards

30  for participants in extracurricular activities shall cover the

31  participating home education student. If there is an

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    Florida Senate - 2005                           CS for SB 1034
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 1  additional premium for such coverage, the participating home

 2  education student shall pay the premium.

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

 4  Statutes, is amended to read:

 5         1002.33  Charter schools.--

 6         (11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR

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

 8  participate in an interscholastic extracurricular activity at

 9  the public school to which the student would be otherwise

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

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

12  Statutes, is amended to read:

13         1002.41  Home education programs.--

14         (4)  Home education students may participate in

15  interscholastic extracurricular student activities in

16  accordance with the provisions of s. 1006.15.

17         Section 4.  The Department of Education shall gather

18  data regarding the number of students who have been precluded

19  from participating in extracurricular activities due to the

20  provisions of section 1006.15, Florida Statutes, as amended by

21  this act, and the effect of those provisions on graduation

22  rates and dropout rates. This data shall be reported annually

23  to the Governor, the President of the Senate, and the Speaker

24  of the House of Representatives.

25         Section 5.  This act shall take effect January 1, 2006.

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    Florida Senate - 2005                           CS for SB 1034
    581-1920-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1034

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 4  The committee substitute:

 5  Provides an exception for a student whose class curriculum
         requires travel or performance; and
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    Authorizes district school boards to establish waivers from
 7       the standards to participate in extracurricular
         activities based on the extenuating circumstances of a
 8       student. The State Board of Education must approve a
         school district's waiver process before implementation.
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