HB 0149

1	A bill to be entitled
2	An act relating to extracurricular student activities;
3	amending s. 1006.15, F.S.; providing that eligibility
4	requirements for participation shall apply to all
5	extracurricular activities rather than to interscholastic
6	activities only; providing that a student shall not be
7	precluded from participation in certain activities;
8	providing certain restrictions with respect to
9	participation; authorizing establishment of a waiver
10	process; prohibiting certain waivers; amending ss. 1002.33
11	and 1002.41, F.S.; conforming provisions; requiring the
12	Department of Education to annually report data relating
13	to student participation in extracurricular activities;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 1006.15, Florida Statutes, is amended
19	to read:
20	1006.15  Student standards for participation in
21	interscholastic extracurricular student activities;
22	regulation.--
23	(1)  This section may be cited as the "Craig Dickinson
24	Act."
25	(2)  Interscholastic Extracurricular student activities are
26	an important complement to the academic curriculum.
27	Participation in a comprehensive extracurricular and academic
28	program contributes to student development of the social and
29	intellectual skills necessary to become a well-rounded adult. As
30	used in this section, the term "extracurricular" means any
31	school-authorized or education-related activity, including, but
32	not limited to, interscholastic activities, occurring during or
33	outside the regular instructional school day. For purposes of
34	this section, a student shall not be precluded from receiving
35	tutoring, performing community service, or attending school
36	athletic, social, and academic functions. However, a student who
37	is not eligible, pursuant to this section, to participate in
38	extracurricular activities shall not perform at school functions
39	or travel with a school team, band, club, or other organization
40	to any event where the group is to compete or perform.
41	(3)(a)  To be eligible to participate in interscholastic
42	extracurricular student activities, a student must:
43	1.  Maintain a grade point average of 2.0 or above on a 4.0
44	scale, or its equivalent, in the previous semester or a
45	cumulative grade point average of 2.0 or above on a 4.0 scale,
46	or its equivalent, in the courses required by s. 1003.43(1).
47	2.  Execute and fulfill the requirements of an academic
48	performance contract between the student, the district school
49	board, the appropriate governing association, and the student's
50	parents, if the student's cumulative grade point average falls
51	below 2.0, or its equivalent, on a 4.0 scale in the courses
52	required by s. 1003.43(1) or, for students who entered the 9th
53	grade prior to the 1997-1998 school year, if the student's
54	cumulative grade point average falls below 2.0 on a 4.0 scale,
55	or its equivalent, in the courses required by s. 1003.43(1) that
56	are taken after July 1, 1997. At a minimum, the contract must
57	require that the student attend summer school, or its graded
58	equivalent, between grades 9 and 10 or grades 10 and 11, as
59	necessary.
60	3.  Have a cumulative grade point average of 2.0 or above
61	on a 4.0 scale, or its equivalent, in the courses required by s.
62	1003.43(1) during his or her junior or senior year.
63	4.  Maintain satisfactory conduct and, if a student is
64	convicted of, or is found to have committed, a felony or a
65	delinquent act which would have been a felony if committed by an
66	adult, regardless of whether adjudication is withheld, the
67	student's participation in interscholastic extracurricular
68	activities is contingent upon established and published district
69	school board policy.
70
71	District school boards are encouraged to establish a process to
72	waive the requirements of this paragraph based on extenuating
73	circumstances of an individual student. Students participating
74	in activities governed pursuant to s. 1006.20 are not eligible
75	for such waiver by a district school board. The State Board of
76	Education shall approve each school district's waiver process
77	prior to implementation.
78	(b)  Any student who is exempt from attending a full school
79	day based on rules adopted by the district school board for
80	double session schools or programs, experimental schools, or
81	schools operating under emergency conditions must maintain the
82	grade point average required by this section and pass each class
83	for which he or she is enrolled. The establishment and approval
84	of the waiver process pursuant to paragraph (a) shall apply to
85	the requirements of this paragraph.
86	(c)  An individual home education student is eligible to
87	participate at the public school to which the student would be
88	assigned according to district school board attendance area
89	policies or which the student could choose to attend pursuant to
90	district or interdistrict controlled open enrollment provisions,
91	or may develop an agreement to participate at a private school,
92	in the interscholastic extracurricular activities of that
93	school, provided the following conditions are met:
94	1.  The home education student must meet the requirements
95	of the home education program pursuant to s. 1002.41.
96	2.  During the period of participation at a school, the
97	home education student must demonstrate educational progress as
98	required in paragraph (b) in all subjects taken in the home
99	education program by a method of evaluation agreed upon by the
100	parent and the school principal which may include: review of the
101	student's work by a certified teacher chosen by the parent;
102	grades earned through correspondence; grades earned in courses
103	taken at a community college, university, or trade school;
104	standardized test scores above the 35th percentile; or any other
105	method designated in s. 1002.41.
106	3.  The home education student must meet the same residency
107	requirements as other students in the school at which he or she
108	participates.
109	4.  The home education student must meet the same standards
110	of acceptance, behavior, and performance as required of other
111	students in extracurricular activities.
112	5.  The student must register with the school his or her
113	intent to participate in interscholastic extracurricular
114	activities as a representative of the school before the
115	beginning date of the season for the activity in which he or she
116	wishes to participate. A home education student must be able to
117	participate in curricular activities if that is a requirement
118	for an extracurricular activity.
119	6.  A student who transfers from a home education program
120	to a public school before or during the first grading period of
121	the school year is academically eligible to participate in
122	interscholastic extracurricular activities during the first
123	grading period provided the student has a successful evaluation
124	from the previous school year, pursuant to subparagraph 2.
125	7.  Any public school or private school student who has
126	been unable to maintain academic eligibility for participation
127	in interscholastic extracurricular activities is ineligible to
128	participate in such activities as a home education student until
129	the student has successfully completed one grading period in
130	home education pursuant to subparagraph 2. to become eligible to
131	participate as a home education student.
132	(d)  An individual charter school student pursuant to s.
133	1002.33 is eligible to participate at the public school to which
134	the student would be assigned according to district school board
135	attendance area policies or which the student could choose to
136	attend, pursuant to district or interdistrict controlled open-
137	enrollment provisions, in any interscholastic extracurricular
138	activity of that school, unless such activity is provided by the
139	student's charter school, if the following conditions are met:
140	1.  The charter school student must meet the requirements
141	of the charter school education program as determined by the
142	charter school governing board.
143	2.  During the period of participation at a school, the
144	charter school student must demonstrate educational progress as
145	required in paragraph (b).
146	3.  The charter school student must meet the same residency
147	requirements as other students in the school at which he or she
148	participates.
149	4.  The charter school student must meet the same standards
150	of acceptance, behavior, and performance that are required of
151	other students in extracurricular activities.
152	5.  The charter school student must register with the
153	school his or her intent to participate in interscholastic
154	extracurricular activities as a representative of the school
155	before the beginning date of the season for the activity in
156	which he or she wishes to participate. A charter school student
157	must be able to participate in curricular activities if that is
158	a requirement for an extracurricular activity.
159	6.  A student who transfers from a charter school program
160	to a traditional public school before or during the first
161	grading period of the school year is academically eligible to
162	participate in interscholastic extracurricular activities during
163	the first grading period if the student has a successful
164	evaluation from the previous school year, pursuant to
165	subparagraph 2.
166	7.  Any public school or private school student who has
167	been unable to maintain academic eligibility for participation
168	in interscholastic extracurricular activities is ineligible to
169	participate in such activities as a charter school student until
170	the student has successfully completed one grading period in a
171	charter school pursuant to subparagraph 2. to become eligible to
172	participate as a charter school student.
173	(4)  The student standards for participation in
174	interscholastic extracurricular activities must be applied
175	beginning with the student's first semester of the 9th grade.
176	Each student must meet such other requirements for participation
177	as may be established by the district school board; however, a
178	district school board may not establish requirements for
179	participation in interscholastic extracurricular activities
180	which make participation in such activities less accessible to
181	home education students than to other students. Except as set
182	forth in paragraph (3)(c), evaluation processes or requirements
183	that are placed on home education student participants may not
184	go beyond those that apply under s. 1002.41 to home education
185	students generally.
186	(5)  Any organization or entity that regulates or governs
187	interscholastic extracurricular activities of public schools:
188	(a)  Shall permit home education associations to join as
189	member schools.
190	(b)  Shall not discriminate against any eligible student
191	based on an educational choice of public, private, or home
192	education.
193	(6)  Public schools are prohibited from membership in any
194	organization or entity which regulates or governs
195	interscholastic extracurricular activities and discriminates
196	against eligible students in public, private, or home education.
197	(7)  Any insurance provided by district school boards for
198	participants in extracurricular activities shall cover the
199	participating home education student. If there is an additional
200	premium for such coverage, the participating home education
201	student shall pay the premium.
202	Section 2.  Subsection (11) of section 1002.33, Florida
203	Statutes, is amended to read:
204	1002.33  Charter schools.--
205	(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
206	ACTIVITIES.--A charter school student is eligible to participate
207	in an interscholastic extracurricular activity at the public
208	school to which the student would be otherwise assigned to
209	attend pursuant to s. 1006.15(3)(d).
210	Section 3.  Subsection (4) of section 1002.41, Florida
211	Statutes, is amended to read:
212	1002.41  Home education programs.--
213	(4)  Home education students may participate in
214	interscholastic extracurricular student activities in accordance
215	with the provisions of s. 1006.15.
216	Section 4.  The Department of Education shall gather data
217	regarding the number of students who have been precluded from
218	participating in extracurricular activities due to the
219	provisions of s. 1006.15, Florida Statutes, as amended by this
220	act, and their impact on graduation rates and dropout rates.
221	This data shall be reported annually to the Governor, the
222	Speaker of the House of Representatives, and the President of
223	the Senate.
224	Section 5.  This act shall take effect January 1, 2006.

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