HB 1377

CS

CHAMBER ACTION

1	The PreK-12 Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to district school boards; amending s.
7	1001.43, F.S., relating to district school board powers
8	and duties; allowing students to wear sun-protective items
9	while outdoors during school hours; amending s. 1003.02,
10	F.S.; requiring each district school board that selects a
11	vendor to market student class rings to select a vendor
12	that meets certain criteria; requiring each district
13	school board to notify students and parents that the
14	purchase of a class ring may be through any vendor
15	marketing class rings and that a student may participate
16	in related ceremonies or activities regardless of the
17	vendor through which the purchase was made; requiring
18	district school boards to allow certain photographs to be
19	included in student yearbooks; amending s. 1006.22, F.S.;
20	revising provisions for district school board
21	transportation of students in vehicles other than school
22	buses; authorizing use of such vehicles for mid-day trips
23	and other trips to and from certain sites and activities;
24	revising criteria for such vehicles and their use;
25	requiring district school boards and charter schools to
26	adopt a policy that addresses procedures and liability for
27	trips using vehicles other than school buses; requiring
28	Chaminade-Madonna High School and St. Thomas Aquinas High
29	School to compete annually in interscholastic football;
30	providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (b) of subsection (1) of section
35	1001.43, Florida Statutes, is amended to read:
36	1001.43  Supplemental powers and duties of district school
37	board.--The district school board may exercise the following
38	supplemental powers and duties as authorized by this code or
39	State Board of Education rule.
40	(1)  STUDENT MANAGEMENT.--The district school board may
41	adopt programs and policies to ensure the safety and welfare of
42	individuals, the student body, and school personnel, which
43	programs and policies may:
44	(b)  Require uniforms to be worn by the student body, or
45	impose other dress-related requirements, if the district school
46	board finds that those requirements are necessary for the safety
47	or welfare of the student body or school personnel. However,
48	students may wear sunglasses, hats, or other sun-protective wear
49	while outdoors during school hours, such as when students are at
50	recess.
51	Section 2.  Subsections (5) and (6) are added to section
52	1003.02, Florida Statutes, to read:
53	1003.02  District school board operation and control of
54	public K-12 education within the school district.--As provided
55	in part II of chapter 1001, district school boards are
56	constitutionally and statutorily charged with the operation and
57	control of public K-12 education within their school district.
58	The district school boards must establish, organize, and operate
59	their public K-12 schools and educational programs, employees,
60	and facilities. Their responsibilities include staff
61	development, public K-12 school student education including
62	education for exceptional students and students in juvenile
63	justice programs, special programs, adult education programs,
64	and career education programs. Additionally, district school
65	boards must:
66	(5)(a)  If selecting a vendor to market class rings to
67	students, select a vendor that does not intimidate students with
68	respect to the purchase of class rings or discriminate against a
69	student who purchases a class ring from another vendor by
70	excluding the student from participating in any ceremony or
71	activity relating to the receipt of a class ring.
72	(b)  Notify in writing each student and his or her parent
73	that the student may purchase his or her class ring through any
74	vendor regardless of the fact that the district school board may
75	contract with a vendor for marketing class rings. The
76	notification must include an explanation of the right of each
77	student purchasing a class ring to participate in any ceremony
78	or activity relating to the receipt of a class ring.
79	(6)  If entering into a contract with a photographer for
80	the purpose of taking student yearbook photographs, allow a
81	student's senior photograph to appear in the yearbook when taken
82	by a photographer not under contract with the district school
83	board if the photograph meets the reasonable specifications of
84	the yearbook staff for senior photographs.
85	Section 3.  Subsection (1) of section 1006.22, Florida
86	Statutes, is amended to read:
87	1006.22  Safety and health of students being
88	transported.--Maximum regard for safety and adequate protection
89	of health are primary requirements that must be observed by
90	district school boards in routing buses, appointing drivers, and
91	providing and operating equipment, in accordance with all
92	requirements of law and rules of the State Board of Education in
93	providing transportation pursuant to s. 1006.21:
94	(1)(a)  District school boards shall use school buses, as
95	defined in s. 1006.25, for all regular transportation. Regular
96	transportation or regular use means transportation of students
97	to and from school or school-related activities that are part of
98	a scheduled series or sequence of events to the same location.
99	"Students" means, for the purposes of this section, students
100	enrolled in the public schools in prekindergarten disability
101	programs and in kindergarten through grade 12. District school
102	boards may regularly use motor vehicles other than school buses
103	only under the following conditions:
104	1.(a)  When the transportation is for physically
105	handicapped or isolated students and the district school board
106	has elected to provide for the transportation of the student
107	through written or oral contracts or agreements.
108	2.(b)  When the transportation is a part of a comprehensive
109	contract for a specialized educational program between a
110	district school board and a service provider who provides
111	instruction, transportation, and other services.
112	3.(c)  When the transportation is provided through a public
113	transit system.
114	4.(d)  When the transportation is for mid-day trips to and
115	from school sites or agricultural education sites or for trips
116	to and from agricultural education-related events or
117	competitions. When the transportation of students is necessary
118	or practical in a motor vehicle owned or operated by a district
119	school board other than a school bus, such transportation must
120	be provided in designated seating positions in a passenger car
121	not to exceed 8 students or in a multipurpose passenger vehicle
122	designed to transport 10 or fewer persons which meets all
123	applicable federal motor vehicle safety standards. Multipurpose
124	passenger vehicles classified as utility vehicles with a
125	wheelbase of 110 inches or less which are required by federal
126	motor vehicle standards to display a rollover warning label may
127	not be used.
128
129	When students are transported in motor vehicles, the occupant
130	crash protection system provided by the vehicle manufacturer
131	must be used unless the student's physical condition prohibits
132	such use.
133	(b)  When the transportation of students is provided, as
134	authorized in this subsection, in a vehicle other than a school
135	bus that is owned, operated, rented, contracted, or leased by a
136	school district or charter school, the following provisions
137	shall apply:
138	1.  The vehicle must be a passenger car or multipurpose
139	passenger vehicle or truck, as defined in Title 49 C.F.R. part
140	571, designed to transport fewer than 10 students. Students must
141	be transported in designated seating positions and must use the
142	occupant crash protection system provided by the manufacturer
143	unless the student's physical condition prohibits such use.
144	2.  An authorized vehicle may not be driven by a student on
145	a public right-of-way. An authorized vehicle may be driven by a
146	student on school or private property as part of the student's
147	educational curriculum if no other student is in the vehicle.
148	3.  The driver of an authorized vehicle transporting
149	students must maintain a valid driver's license and must comply
150	with the requirements of the school district's locally adopted
151	safe driver plan, which includes review of driving records for
152	disqualifying violations.
153	4.  The district school board or charter school must adopt
154	a policy that addresses procedures and liability for trips under
155	this paragraph, including a provision that school buses are to
156	be used whenever practical and specifying consequences for
157	violation of the policy.
158	Section 4.  Chaminade-Madonna High School and St. Thomas
159	Aquinas High School must compete against each other annually in
160	interscholastic football.
161	Section 5.  This act shall take effect July 1, 2006.

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