Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
CHAMBER ACTION
Senate House
.
.
1 3/AD/2R .
04/20/2005 02:12 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Baker moved the following amendment:
12
13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
15
16 and insert:
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
1
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 during or outside the regular instructional school day. For
2 purposes of this section, a student may not be precluded from
3 receiving tutoring, performing community service, or attending
4 school athletic, social, and academic functions. However, a
5 student who is not eligible, pursuant to this section, to
6 participate in extracurricular activities may not perform at
7 school functions or travel with a school team, band, club, or
8 other organization to any event where the group is to compete
9 or perform. This section does not prohibit a student who is
10 enrolled in a class designated by the student course code
11 directory provided by the Department of Education from
12 performing or traveling to compete or perform as part of the
13 class curriculum.
14 (3)(a) To be eligible to participate in
15 interscholastic extracurricular student activities in
16 athletics, a student must:
17 1. Maintain a grade point average of 2.0 or above on a
18 4.0 scale, or its equivalent, in the previous semester or a
19 cumulative grade point average of 2.0 or above on a 4.0 scale,
20 or its equivalent, in the courses required by s. 1003.43(1).
21 2. Execute and fulfill the requirements of an academic
22 performance contract between the student, the district school
23 board, the appropriate governing association, and the
24 student's parents, if the student's cumulative grade point
25 average falls below 2.0, or its equivalent, on a 4.0 scale in
26 the courses required by s. 1003.43(1) or, for students who
27 entered the 9th grade prior to the 1997-1998 school year, if
28 the student's cumulative grade point average falls below 2.0
29 on a 4.0 scale, or its equivalent, in the courses required by
30 s. 1003.43(1) that are taken after July 1, 1997. At a minimum,
31 the contract must require that the student attend summer
2
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 school, or its graded equivalent, between grades 9 and 10 or
2 grades 10 and 11, as necessary.
3 3. Have a cumulative grade point average of 2.0 or
4 above on a 4.0 scale, or its equivalent, in the courses
5 required by s. 1003.43(1) during his or her junior or senior
6 year.
7 4. Maintain satisfactory conduct and, if a student is
8 convicted of, or is found to have committed, a felony or a
9 delinquent act which would have been a felony if committed by
10 an adult, regardless of whether adjudication is withheld, the
11 student's participation in interscholastic extracurricular
12 activities is contingent upon established and published
13 district school board policy.
14 (b) Any student who is exempt from attending a full
15 school day based on rules adopted by the district school board
16 for double session schools or programs, experimental schools,
17 or schools operating under emergency conditions must maintain
18 the grade point average required by this section and pass each
19 class for which he or she is enrolled. The establishment and
20 approval of the waiver process pursuant to paragraph (e) shall
21 apply to the requirements of this paragraph.
22 (c) An individual home education student is eligible
23 to participate at the public school to which the student would
24 be assigned according to district school board attendance area
25 policies or which the student could choose to attend pursuant
26 to district or interdistrict controlled open enrollment
27 provisions, or may develop an agreement to participate at a
28 private school, in the interscholastic extracurricular
29 activities of that school, provided the following conditions
30 are met:
31 1. The home education student must meet the
3
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 requirements of the home education program pursuant to s.
2 1002.41.
3 2. During the period of participation at a school, the
4 home education student must demonstrate educational progress
5 as required in paragraph (b) in all subjects taken in the home
6 education program by a method of evaluation agreed upon by the
7 parent and the school principal which may include: review of
8 the student's work by a certified teacher chosen by the
9 parent; grades earned through correspondence; grades earned in
10 courses taken at a community college, university, or trade
11 school; standardized test scores above the 35th percentile; or
12 any other method designated in s. 1002.41.
13 3. The home education student must meet the same
14 residency requirements as other students in the school at
15 which he or she participates.
16 4. The home education student must meet the same
17 standards of acceptance, behavior, and performance as required
18 of other students in extracurricular activities.
19 5. The student must register with the school his or
20 her intent to participate in interscholastic extracurricular
21 activities as a representative of the school before the
22 beginning date of the season for the activity in which he or
23 she wishes to participate. A home education student must be
24 able to participate in curricular activities if that is a
25 requirement for an extracurricular activity.
26 6. A student who transfers from a home education
27 program to a public school before or during the first grading
28 period of the school year is academically eligible to
29 participate in interscholastic extracurricular activities
30 during the first grading period provided the student has a
31 successful evaluation from the previous school year, pursuant
4
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 to subparagraph 2.
2 7. Any public school or private school student who has
3 been unable to maintain academic eligibility for participation
4 in interscholastic extracurricular activities is ineligible to
5 participate in such activities as a home education student
6 until the student has successfully completed one grading
7 period in home education pursuant to subparagraph 2. to become
8 eligible to participate as a home education student.
9 (d) An individual charter school student pursuant to
10 s. 1002.33 is eligible to participate at the public school to
11 which the student would be assigned according to district
12 school board attendance area policies or which the student
13 could choose to attend, pursuant to district or interdistrict
14 controlled open-enrollment provisions, in any interscholastic
15 extracurricular activity of that school, unless such activity
16 is provided by the student's charter school, if the following
17 conditions are met:
18 1. The charter school student must meet the
19 requirements of the charter school education program as
20 determined by the charter school governing board.
21 2. During the period of participation at a school, the
22 charter school student must demonstrate educational progress
23 as required in paragraph (b).
24 3. The charter school student must meet the same
25 residency requirements as other students in the school at
26 which he or she participates.
27 4. The charter school student must meet the same
28 standards of acceptance, behavior, and performance that are
29 required of other students in extracurricular activities.
30 5. The charter school student must register with the
31 school his or her intent to participate in interscholastic
5
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 extracurricular activities as a representative of the school
2 before the beginning date of the season for the activity in
3 which he or she wishes to participate. A charter school
4 student must be able to participate in curricular activities
5 if that is a requirement for an extracurricular activity.
6 6. A student who transfers from a charter school
7 program to a traditional public school before or during the
8 first grading period of the school year is academically
9 eligible to participate in interscholastic extracurricular
10 activities during the first grading period if the student has
11 a successful evaluation from the previous school year,
12 pursuant to subparagraph 2.
13 7. Any public school or private school student who has
14 been unable to maintain academic eligibility for participation
15 in interscholastic extracurricular activities is ineligible to
16 participate in such activities as a charter school student
17 until the student has successfully completed one grading
18 period in a charter school pursuant to subparagraph 2. to
19 become eligible to participate as a charter school student.
20 (e) In addition to any other requirements as provided
21 by law with the exception of paragraph (a), to be eligible to
22 participate in extracurricular student activities other than
23 athletics, a student must comply with the following policies:
24 1. Maintain a grade point average of 2.0 or above on a
25 4.0 scale, or its equivalent, in the previous semester or a
26 cumulative grade point average of 2.0 or above on a 4.0 scale,
27 or its equivalent in the courses required by s. 1003.43(1) if
28 required by a district school board. District school boards
29 are encouraged to require students who wish to participate in
30 extracurricular activities other than athletics to maintain a
31 grade point average of 2.0 or above on a 4.0 scale, or its
6
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 equivalent, in the previous semester or a cumulative grade
2 point average of 2.0 or above on a 4.0 scale, or its
3 equivalent, in the courses required by s. 1003.43(1).
4 2. Maintain satisfactory conduct and, if a student is
5 convicted of, or is found to have committed, a felony or a
6 delinquent act that would have been a felony if committed by
7 an adult, regardless of whether adjudication is withheld, the
8 student's participation is contingent upon established and
9 published district school board policy.
10
11 If a district school board elects not to require a student to
12 maintain a grade point average of 2.0 or above on a 4.0 scale,
13 or its equivalent, the board must do so at a district school
14 board public meeting held under s. 1001.372. The board shall
15 offer its reasons for the board's decision not to require the
16 minimum grade point average at the same public meeting. In
17 addition, the board shall report specific steps it is taking
18 to improve the grade point averages of the students
19 participating in extracurricular activities who would not meet
20 the minimum grade point average if the policy were in force.
21 At each board meeting held under s. 1001.372 immediately
22 following each grading period, the board shall report the
23 number of students participating in extracurricular activities
24 other than athletics; the number of those students who would
25 be below the minimum grade point average standard if the
26 policy were in force; the number of those students below the
27 minimum grade point average standard whose grade point average
28 has improved, declined, or remained the same, along with the
29 amount of change in grade point average per student; and the
30 number of students who would meet the minimum grade point
31 average standard if the policy were in force. The board shall
7
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 report this data in a manner consistent with s. 1002.22. If a
2 board reports more than half of the students participating in
3 extracurricular activities other than athletics who are below
4 the minimum grade point average standard did not improve their
5 grade point averages, the board must immediately adopt at its
6 next public meeting held under s. 1001.372, a minimum grade
7 point average requirement of 2.0 on a 4.0 scale, or its
8 equivalent, for all students participating in extracurricular
9 activities. A board that opts to require the minimum grade
10 point average of 2.0 on a 4.0 scale, or its equivalent, for
11 students participating in extracurricular activities other
12 than athletics is exempt from this meeting and reporting
13 requirement. District school boards are encouraged to
14 establish a process to waive the requirements of this
15 paragraph based on extenuating circumstances of an individual
16 student.
17 (4) The student standards for participation in
18 interscholastic extracurricular activities must be applied
19 beginning with the student's first semester of the 9th grade.
20 Each student must meet such other requirements for
21 participation as may be established by the district school
22 board; however, a district school board may not establish
23 requirements for participation in interscholastic
24 extracurricular activities which make participation in such
25 activities less accessible to home education students than to
26 other students. Except as set forth in paragraph (3)(c),
27 evaluation processes or requirements that are placed on home
28 education student participants may not go beyond those that
29 apply under s. 1002.41 to home education students generally.
30 (5) Any organization or entity that regulates or
31 governs interscholastic extracurricular activities of public
8
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 schools:
2 (a) Shall permit home education associations to join
3 as member schools.
4 (b) Shall not discriminate against any eligible
5 student based on an educational choice of public, private, or
6 home education.
7 (6) Public schools are prohibited from membership in
8 any organization or entity which regulates or governs
9 interscholastic extracurricular activities and discriminates
10 against eligible students in public, private, or home
11 education.
12 (7) Any insurance provided by district school boards
13 for participants in extracurricular activities shall cover the
14 participating home education student. If there is an
15 additional premium for such coverage, the participating home
16 education student shall pay the premium.
17 Section 2. Subsection (11) of section 1002.33, Florida
18 Statutes, is amended to read:
19 1002.33 Charter schools.--
20 (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
21 ACTIVITIES.--A charter school student is eligible to
22 participate in an interscholastic extracurricular activity at
23 the public school to which the student would be otherwise
24 assigned to attend pursuant to s. 1006.15(3)(d).
25 Section 3. Subsection (4) of section 1002.41, Florida
26 Statutes, is amended to read:
27 1002.41 Home education programs.--
28 (4) Home education students may participate in
29 interscholastic extracurricular student activities in
30 accordance with the provisions of s. 1006.15.
31 Section 4. The Department of Education shall gather
9
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 data regarding the number of students who have been precluded
2 from participating in extracurricular activities due to the
3 provisions of section 1006.15, Florida Statutes, as amended by
4 this act, and the effect of those provisions on graduation
5 rates and dropout rates. This data shall be reported annually
6 to the Governor, the President of the Senate, and the Speaker
7 of the House of Representatives.
8 Section 5. By June 30, each district school board
9 shall annually report to the Department of Education the
10 number of waivers granted under section 1006.15, Florida
11 Statutes, for the previous school year.
12 Section 6. This act shall take effect January 1, 2006.
13
14
15 ================ T I T L E A M E N D M E N T ===============
16 And the title is amended as follows:
17 Delete everything before the enacting clause
18
19 and insert:
20 A bill to be entitled
21 An act relating to extracurricular student
22 activities; amending s. 1006.15, F.S.;
23 providing that eligibility requirements for
24 participation shall apply to all
25 extracurricular activities rather than to
26 interscholastic activities only; providing that
27 a student shall not be precluded from
28 participation in certain activities; providing
29 certain restrictions with respect to
30 participation; requiring specific reporting
31 requirements for certain district school
10
5:16 PM 04/19/05 h014902e1c-20-zn8
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 149, 1st Eng.
Barcode 364772
1 boards; authorizing district school boards to
2 establish a waiver process; amending ss.
3 1002.33 and 1002.41, F.S.; conforming
4 provisions; requiring the Department of
5 Education to annually report data relating to
6 student participation in extracurricular
7 activities; requiring district school boards to
8 report waivers granted under s. 1006.15, F.S.;
9 providing an effective date.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
11
5:16 PM 04/19/05 h014902e1c-20-zn8