HB 1619

1
A bill to be entitled
2An act relating to district school boards; amending s.
31001.43, F.S., relating to district school board powers
4and duties; allowing students to wear sun-protective items
5while outdoors during school hours; authorizing use of
6federal funds to purchase food when federal program
7guidelines permit such use; amending s. 1003.02, F.S.;
8requiring certain district school boards to request
9proposals from at least two class ring vendors annually;
10requiring public access to information; providing criteria
11for selection of such vendors; requiring that the purchase
12of a class ring may be through any vendor marketing class
13rings and that a student may participate in related
14ceremonies or activities regardless of the vendor through
15which the purchase was made; requiring certain district
16school boards to request proposals from at least two
17photographers annually; requiring public access to
18information; allowing student choice of photographer;
19permitting the inclusion of certain photographs in student
20yearbooks; amending s. 1006.22, F.S.; revising provisions
21for district school board transportation of students in
22vehicles other than school buses; authorizing use of such
23vehicles for trips to and from certain sites and
24activities; revising criteria for such vehicles and their
25use; requiring district school boards and charter schools
26to adopt a policy that addresses procedures and liability
27for trips using vehicles other than school buses; amending
28ss. 1013.501 and 1013.502, F.S.; redesignating the Florida
29Business and Education in School Together (Florida BEST)
30Program as A Business-Community School (ABC'S) Program;
31providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Paragraph (b) of subsection (1) of section
361001.43, Florida Statutes, is amended, and paragraph (g) is
37added to subsection (2) of that section, to read:
38     1001.43  Supplemental powers and duties of district school
39board.--The district school board may exercise the following
40supplemental powers and duties as authorized by this code or
41State Board of Education rule.
42     (1)  STUDENT MANAGEMENT.--The district school board may
43adopt programs and policies to ensure the safety and welfare of
44individuals, the student body, and school personnel, which
45programs and policies may:
46     (b)  Require uniforms to be worn by the student body, or
47impose other dress-related requirements, if the district school
48board finds that those requirements are necessary for the safety
49or welfare of the student body or school personnel. However,
50students may wear sunglasses, hats, or other sun-protective wear
51while outdoors during school hours, such as when students are at
52recess.
53     (2)  FISCAL MANAGEMENT.--The district school board may
54adopt policies providing for fiscal management of the school
55district with respect to school purchasing, facilities, nonstate
56revenue sources, budgeting, fundraising, and other activities
57relating to the fiscal management of district resources,
58including, but not limited to, the policies governing:
59     (g)  Use of federal funds to purchase food when federal
60program guidelines permit such use.
61     Section 2.  Subsections (5) and (6) are added to section
621003.02, Florida Statutes, to read:
63     1003.02  District school board operation and control of
64public K-12 education within the school district.--As provided
65in part II of chapter 1001, district school boards are
66constitutionally and statutorily charged with the operation and
67control of public K-12 education within their school district.
68The district school boards must establish, organize, and operate
69their public K-12 schools and educational programs, employees,
70and facilities. Their responsibilities include staff
71development, public K-12 school student education including
72education for exceptional students and students in juvenile
73justice programs, special programs, adult education programs,
74and career education programs. Additionally, district school
75boards must:
76     (5)(a)  If selecting a vendor to market class rings to
77students, request proposals from at least two vendors annually.
78Results of proposals, including vendor contact information,
79shall be open to the public and posted on the district school
80board's website.
81     (b)  Vendors selected by the district school board may not
82discourage students from purchasing class rings from another
83vendor nor may they establish practices, policies, or procedures
84that interfere with the ability of students to purchase class
85rings from another vendor. Vendors may not discriminate against
86a student who purchases a class ring from another vendor.
87     (c)  Students may not be prohibited from purchasing a class
88ring from any vendor and may not be excluded from participation
89in any ceremony or activity relating to the receipt of a class
90ring.
91     (6)(a)  If entering into a contract with a photographer for
92the purpose of taking student photographs, request proposals
93from at least two photographers annually. Results of proposals,
94including vendor contact information, shall be open to the
95public and posted on the district school board's website.
96     (b)  District school boards may not require students to
97purchase senior photographs from a contract vendor and must
98allow students to purchase photographs from a photographer of
99their choice. A student's senior photograph must be allowed to
100appear in the yearbook when taken by a photographer not under
101contract with the district school board if the photograph meets
102the reasonable specifications of the principal and yearbook
103staff for senior photographs.
104     Section 3.  Subsection (1) of section 1006.22, Florida
105Statutes, is amended to read:
106     1006.22  Safety and health of students being
107transported.--Maximum regard for safety and adequate protection
108of health are primary requirements that must be observed by
109district school boards in routing buses, appointing drivers, and
110providing and operating equipment, in accordance with all
111requirements of law and rules of the State Board of Education in
112providing transportation pursuant to s. 1006.21:
113     (1)(a)  District school boards shall use school buses, as
114defined in s. 1006.25, for all regular transportation. Regular
115transportation or regular use means transportation of students
116to and from school or school-related activities that are part of
117a scheduled series or sequence of events to the same location.
118"Students" means, for the purposes of this section, students
119enrolled in the public schools in prekindergarten disability
120programs and in kindergarten through grade 12. District school
121boards may regularly use motor vehicles other than school buses
122only under the following conditions:
123     1.(a)  When the transportation is for physically
124handicapped or isolated students and the district school board
125has elected to provide for the transportation of the student
126through written or oral contracts or agreements.
127     2.(b)  When the transportation is a part of a comprehensive
128contract for a specialized educational program between a
129district school board and a service provider who provides
130instruction, transportation, and other services.
131     3.(c)  When the transportation is provided through a public
132transit system.
133     4.(d)  When the transportation is for trips to and from
134school sites or agricultural education sites or for trips to and
135from agricultural education-related events or competitions, but
136is not for customary transportation between a student's
137residence and such sites. When the transportation of students is
138necessary or practical in a motor vehicle owned or operated by a
139district school board other than a school bus, such
140transportation must be provided in designated seating positions
141in a passenger car not to exceed 8 students or in a multipurpose
142passenger vehicle designed to transport 10 or fewer persons
143which meets all applicable federal motor vehicle safety
144standards. Multipurpose passenger vehicles classified as utility
145vehicles with a wheelbase of 110 inches or less which are
146required by federal motor vehicle standards to display a
147rollover warning label may not be used.
148
149When students are transported in motor vehicles, the occupant
150crash protection system provided by the vehicle manufacturer
151must be used unless the student's physical condition prohibits
152such use.
153     (b)  When the transportation of students is provided, as
154authorized in this subsection, in a vehicle other than a school
155bus that is owned, operated, rented, contracted, or leased by a
156school district or charter school, the following provisions
157shall apply:
158     1.  The vehicle must be a passenger car or multipurpose
159passenger vehicle or truck, as defined in Title 49 C.F.R. part
160571, designed to transport fewer than 10 students. Students must
161be transported in designated seating positions and must use the
162occupant crash protection system provided by the manufacturer
163unless the student's physical condition prohibits such use.
164     2.  An authorized vehicle may not be driven by a student on
165a public right-of-way. An authorized vehicle may be driven by a
166student on school or private property as part of the student's
167educational curriculum if no other student is in the vehicle.
168     3.  The driver of an authorized vehicle transporting
169students must maintain a valid driver's license and must comply
170with the requirements of the school district's locally adopted
171safe driver plan, which includes review of driving records for
172disqualifying violations.
173     4.  The district school board or charter school must adopt
174a policy that addresses procedures and liability for trips under
175this paragraph, including a provision that school buses are to
176be used whenever practical and specifying consequences for
177violation of the policy.
178     Section 4.  Section 1013.501, Florida Statutes, is amended
179to read:
180     1013.501  A Business-Community School (ABC'S) Florida
181Business and Education in School Together (Florida BEST)
182Program.--
183     (1)  In order to increase business partnerships in
184education, to reduce school and classroom overcrowding
185throughout the state, and to offset the high costs of
186educational facilities construction, the Legislature intends to
187encourage the formation of partnerships between business and
188education by creating A Business-Community School (ABC'S) the
189Florida Business and Education in School Together (Florida BEST)
190Program.
191     (2)  Each school board shall, through advertisements in
192local media and other means, request proposals from area
193businesses to allow the operation of a business and education
194partnership school in facilities owned or operated by the
195business.
196     (3)  Each school district shall establish an ABC'S a
197Florida BEST school evaluation committee.
198     (a)  The committee shall be appointed by the school board
199and be composed of one school district administrator, at least
200one member of the business community, and at least one member of
201a local chamber of commerce.
202     (b)  The committee shall evaluate the feasibility of each
203proposal, including the operating cost, number of students to be
204served, proposed student-to-teacher ratio, proposed number of
205years the satellite school would operate, and any other
206operational or facilities considerations the school board or
207committee deems appropriate.
208     (c)  The committee shall recommend to the school board
209those proposals for satellite schools which the committee deems
210viable and worthy of being established. The school board must
211take official action on the recommendation of the committee
212within 60 days after receipt of the recommendation.
213     (4)  "A Business-Community School (ABC'S) "Florida Business
214and Education in School Together (Florida BEST) school" is
215defined as a public school offering instruction to students from
216kindergarten through third grade. The school may offer
217instruction in any single grade level or for multiple grade
218levels. ABC'S Florida BEST schools shall comply with the
219constitutional class size requirements.
220     (a)  First priority for admission of students to the ABC'S
221Florida BEST school shall be given to the children of owners and
222employees of the host business. If additional student capacity
223remains after those children are admitted, the host business may
224choose which other neighboring businesses may also participate
225to generate a viable number of students for the school. The
226school board shall make the necessary arrangements to
227accommodate students from other school districts whose parents
228are associated with the host business or business partners.
229     (b)  Parents shall be responsible for providing
230transportation to and from school for the students.
231     (5)  A multiyear contract for operation of the ABC'S
232Florida BEST school may be entered into between the school
233district and the host business. The contract must at least
234include provisions relating to any cost of facilities
235modifications, provide for the assignment or waiver of
236appropriate insurance costs, specify the number of students
237expected to be served, provide grounds for canceling the lease,
238and specify the advance notice required before the school may be
239closed.
240     (a)  The school board shall be responsible for providing
241the appropriate instructional, support, and administrative staff
242and textbooks, materials, and supplies. The school district may
243also agree to operate or contract for the operation of a before-
244school and after-school program using the donated facilities.
245     (b)  The host business shall provide the appropriate types
246of space for operating the school. If special facilities, such
247as restrooms or dining, recreational, or other areas are
248required, the district may contribute a part of the cost of the
249construction, remodeling, or renovation for such facilities from
250capital outlay funds of the district. A multiyear lease for
251operation of the facility must be agreed to if the school
252district contributes to the cost of such construction.
253     Section 5.  Section 1013.502, Florida Statutes, is amended
254to read:
255     1013.502  ABC'S Florida BEST school facilities;
256standards.--Notwithstanding any local government ordinance or
257regulation, any business or corporation may expand the square
258footage or floor area of its current or proposed facility to
259accommodate an ABC'S a Florida Business and Education in School
260Together (Florida BEST) school. Facilities constructed to house
261an ABC'S a Florida BEST school must comply with the State
262Uniform Building Code for Public Educational Facilities
263Construction adopted pursuant to s. 1013.37 and must meet state
264and local health, environmental, and safety laws and codes.
265     Section 6.  This act shall take effect July 1, 2006.


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