HB 1409

1	A bill to be entitled
2	An act relating to education; amending ss. 1000.21 and
3	1004.35, F.S.; changing the name of Broward Community
4	College to Broward College; amending s. 1001.452, F.S.;
5	revising provisions relating to membership of school
6	advisory councils; creating s. 1004.665, F.S.; authorizing
7	a community college to change its name to college if it
8	meets certain requirements; creating s. 1006.0602, F.S.;
9	providing legislative intent to increase the nutritional
10	value of foods offered in school vending machines;
11	requiring district school board policy that vending
12	machine items meet certain criteria; providing acceptable
13	nutritional standards; providing a definition; providing a
14	penalty for sales in violation of school district policy;
15	creating s. 1006.205, F.S.; designating the Florida School
16	Music Association as the governing nonprofit organization
17	of music and music-related activities in the public
18	schools; providing requirements for the organization;
19	authorizing private school or home education association
20	membership; providing for bylaws; providing for a board of
21	directors and composition of the board; providing
22	authority and duties of the board; amending s. 1012.33,
23	F.S.; providing a procedure for assistance to a newly
24	employed member of the instructional staff whose contract
25	may be terminated or whose resignation may be accepted
26	during a probationary period; amending s. 1012.55, F.S.;
27	revising certification requirements for athletic coaches;
28	requiring the State Board of Education to identify and
29	implement a coaching preparation program; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (b) of subsection (3) of section
35	1000.21, Florida Statutes, is amended to read:
36	1000.21  Systemwide definitions.--As used in the Florida K-
37	20 Education Code:
38	(3)  "Community college," except as otherwise specifically
39	provided, includes the following institutions and any branch
40	campuses, centers, or other affiliates of the institution:
41	(b)  Broward Community College.
42	Section 2.  Paragraph (a) of subsection (1) of section
43	1001.452, Florida Statutes, is amended to read:
44	1001.452  District and school advisory councils.--
45	(1)  ESTABLISHMENT.--
46	(a)  The district school board shall establish an advisory
47	council for each school in the district and shall develop
48	procedures for the election and appointment of advisory council
49	members. Each school advisory council shall include in its name
50	the words "school advisory council." The school advisory council
51	shall be the sole body responsible for final decisionmaking at
52	the school relating to implementation of the provisions of ss.
53	1001.42(16) and 1008.345. A majority of the members of each
54	school advisory council must be persons who are not employed by
55	the school district. Each advisory council shall be composed of
56	the principal and an appropriately balanced number of teachers,
57	education support employees, students, parents, and other
58	business and community citizens who are representative of the
59	ethnic, racial, and economic community served by the school.
60	Career center and high school advisory councils shall include
61	students, and middle and junior high school advisory councils
62	may include students. School advisory councils of career centers
63	and adult education centers are not required to include parents
64	as members. Council members representing teachers, education
65	support employees, students, and parents shall be elected by
66	their respective peer groups at the school in a fair and
67	equitable manner as follows:
68	1.  Teachers shall be elected by teachers.
69	2.  Education support employees shall be elected by
70	education support employees.
71	3.  Students shall be elected by students.
72	4.  Parents shall be elected by parents.
73
74	The district school board shall establish procedures for use by
75	schools in selecting business and community members that include
76	means of ensuring wide notice of vacancies and of taking input
77	on possible members from local business, chambers of commerce,
78	community and civic organizations and groups, and the public at
79	large. The district school board shall review the membership
80	composition of each advisory council. If the district school
81	board determines that the membership elected by the school is
82	not representative of the ethnic, racial, and economic community
83	served by the school, the district school board shall appoint
84	additional members to achieve proper representation. The
85	commissioner shall determine if schools have maximized their
86	efforts to include on their advisory councils minority persons
87	and persons of lower socioeconomic status. Although schools are
88	strongly encouraged to establish school advisory councils, the
89	district school board of any school district that has a student
90	population of 10,000 or fewer may establish a district advisory
91	council which shall include at least one duly elected teacher
92	from each school in the district. For the purposes of school
93	advisory councils and district advisory councils, the term
94	"teacher" shall include classroom teachers, certified student
95	services personnel, and media specialists. For purposes of this
96	paragraph, "education support employee" means any person
97	employed by a school who is not defined as instructional or
98	administrative personnel pursuant to s. 1012.01 and whose duties
99	require 20 or more hours in each normal working week.
100	Section 3.  Section 1004.35, Florida Statutes, is amended
101	to read:
102	1004.35  Broward County campuses of Florida Atlantic
103	University; coordination with other institutions.--The State
104	Board of Education, the Board of Governors, and Florida Atlantic
105	University shall consult with Broward Community College and
106	Florida International University in coordinating course
107	offerings at the postsecondary level in Broward County. Florida
108	Atlantic University may contract with the Board of Trustees of
109	Broward Community College and with Florida International
110	University to provide instruction in courses offered at the
111	Southeast Campus. Florida Atlantic University shall increase
112	course offerings at the Southeast Campus as facilities become
113	available.
114	Section 4.  Section 1004.665, Florida Statutes, is created
115	to read:
116	1004.665  Designation as college.--Any community college in
117	the state community college system is authorized to change its
118	name to "college" if it becomes accredited as a baccalaureate
119	degree granting college.
120	Section 5.  Section 1006.0602, Florida Statutes, is created
121	to read:
122	1006.0602  Vending machines in schools.--
123	(1)  It is the intent of the Legislature that school
124	districts work with contractors to increase over time the
125	nutritional value of foods offered to students in school vending
126	machines and to phase in higher nutritional standards for foods
127	offered in vending machines as vendor contracts are renewed. It
128	is also the intent of the Legislature that the Department of
129	Education, within existing appropriations, provide guidance and
130	assistance to school districts in promoting and offering
131	nutritional foods and healthful food alternatives.
132	(2)  By the beginning of the 2009-2010 school year, each
133	district school board shall adopt a policy that requires all
134	items offered in each vending machine located in each school in
135	the district to meet the criteria set forth in subsection (3).
136	(3)(a)  Foods and beverages sold through school vending
137	machines that meet acceptable nutritional standards shall
138	consist of the following:
139	1.  Carbonated or uncarbonated water.
140	2.  Milk, as defined in s. 502.012, with 2 percent or less
141	milk fat, including chocolate milk, and milk alternatives,
142	including, but not limited to, soy beverages, rice beverages,
143	and other similar dairy or nondairy beverages.
144	3.  One hundred percent fruit juices or fruit-based drinks
145	composed of no less than 50 percent juice, without additional
146	sweeteners.
147	4.  An electrolyte replacement beverage that contains 42
148	grams or fewer of additional sweetener per 20-ounce serving.
149	5.  Nuts, seeds, dairy products, fresh fruits or
150	vegetables, dried fruits or vegetables, and packaged fruits in
151	their own juice.
152	6.  Any other food item containing:
153	a.  Not more than 35 percent of its total calories from fat
154	and not more than 10 percent of its total calories from
155	saturated fat.
156	b.  Not more than 35 percent of its total weight in sugar.
157	(b)  For purposes of this section, "additional sweetener"
158	means an additive that enhances the sweetness of a food or
159	beverage, including, but not limited to, sugar. Additional
160	sweetener does not include the natural sugar or sugars that are
161	contained in any fruit juice that is a component of the food or
162	beverage.
163	(4)  Beginning with the 2009-2010 school year, a school
164	district in violation of this section shall pay to the Chief
165	Financial Officer an amount equal to the estimated profits
166	attributable to the school district from the vending machine
167	sales that are in violation of the school district policy. These
168	moneys shall be credited to the Food and Nutrition Services
169	Trust Fund under s. 1010.77.
170	Section 6.  Section 1006.205, Florida Statutes, is created
171	to read:
172	1006.205  Music-related activities in public K-12
173	schools.--
174	(1)  The Florida School Music Association is designated as
175	the governing nonprofit organization of music and music-related
176	activities in Florida public schools. If the Florida School
177	Music Association fails to meet the provisions of this section,
178	the Commissioner of Education, with the approval of the State
179	Board of Education, shall designate a nonprofit organization to
180	govern music and music-related activities. The organization is
181	not a state agency as defined in s. 120.52. The organization
182	shall be subject to the provisions of s. 1006.19. A private
183	school or home education association that wishes to engage in
184	high school music or music-related activities with a public
185	school may become a member of the organization.
186	(2)  The bylaws of the organization shall be the rules that
187	govern high school and middle school music, music activities and
188	events, and associated programs in the organization's member
189	schools, and the students who participate in them, unless
190	otherwise specifically provided by law. For the purposes of this
191	section, high school and middle school include grades 6-12.
192	(3)(a)  The executive authority of the organization shall
193	be vested in its board of directors. Any entity that appoints
194	members to the board of directors shall examine the ethnic and
195	demographic composition of the board when selecting candidates
196	for appointment and shall, to the greatest extent possible, make
197	appointments that reflect state demographic and population
198	trends. The board of directors shall be composed of 19 persons
199	as follows:
200	1.  Six public school principals appointed by the Florida
201	Association of School Administrators, three each from the
202	northern and the southern administrative regions, who equally
203	represent high schools and middle schools.
204	2.  One private school representative appointed by the
205	Department of Education.
206	3.  One home education representative elected from member
207	home education associations.
208	4.  Two school board members appointed by the Florida
209	School Boards Association.
210	5.  Two district school superintendents appointed by the
211	Florida Association of District School Superintendents.
212	6.  Six representatives of the interests of bands,
213	orchestras, choruses, or other music-related school
214	organizations appointed or elected by the Florida Music
215	Educators' Association.
216	7.  The Commissioner of Education or his or her designee.
217	(b)  A quorum shall be 10 members.
218	(c)  The board of directors shall elect officers from among
219	its members. The officers shall consist of the president,
220	president elect, and immediate past president.
221	(d)  Members of the board of directors shall serve terms of
222	3 years and are eligible to succeed themselves only once.
223	(4)  The authority and duties of the board of directors,
224	acting as a body and in accordance with the organization's
225	bylaws, are as follows:
226	(a)  To fulfill its obligations as required by the
227	organization's articles of incorporation.
228	(b)  To establish guidelines, regulations, policies, and
229	procedures as are authorized by the bylaws.
230	(c)  To appoint an organization director who shall have the
231	authority to waive the bylaws of the organization in order to
232	comply with changes in law.
233	(d)  To levy annual dues and other fees and to set the
234	percentage of event receipts to be collected by the
235	organization.
236	(e)  To approve the budget of the organization.
237	(f)  To organize and conduct statewide interscholastic
238	music events, which may or may not lead to state-level events,
239	and to establish the terms and conditions for those events or
240	the organizations that are recognized to conduct such events.
241	(g)  To act as the administrative board in the
242	interpretation of, and final decision on, all questions and
243	appeals arising from directing interscholastic music and music-
244	related activities of member schools.
245	Section 7.  Paragraph (a) of subsection (3) of section
246	1012.33, Florida Statutes, is amended to read:
247	1012.33  Contracts with instructional staff, supervisors,
248	and school principals.--
249	(3)(a)  Each district school board shall provide a
250	professional service contract as prescribed herein. Each member
251	of the instructional staff who completed the following
252	requirements prior to July 1, 1984, shall be entitled to and
253	shall be issued a continuing contract in the form prescribed by
254	rules of the state board pursuant to s. 231.36, Florida Statutes
255	(1981). Each member of the instructional staff who completes the
256	following requirements on or after July 1, 1984, shall be
257	entitled to and shall be issued a professional service contract
258	in the form prescribed by rules of the state board as provided
259	herein:
260	1.  The member must hold a professional certificate as
261	prescribed by s. 1012.56 and rules of the State Board of
262	Education.
263	2.  The member must have completed 3 years of probationary
264	service in the district during a period not in excess of 5
265	successive years, except for leave duly authorized and granted.
266	3.  The member must have been recommended by the district
267	school superintendent for such contract and reappointed by the
268	district school board based on successful performance of duties
269	and demonstration of professional competence.
270	4.  For any person newly employed as a member of the
271	instructional staff after June 30, 1997, the initial annual
272	contract shall include a 97-day probationary period during which
273	time the employee's contract may be terminated without cause or
274	the employee may resign without breach of contract. However, an
275	employee's contract may not be terminated without the employee
276	first being offered informal assistance through a professional
277	development plan or a school board approved internal assistance
278	plan to provide appropriate training. Such a process shall be
279	initiated by a written letter from the school principal to the
280	instructional staff member alerting the employee of the overall
281	concerns with his or her performance. A professional development
282	plan or an internal assistance plan shall be maintained for the
283	purposes of this subparagraph for no longer than 4 weeks and
284	shall result in a determination that the contract of the
285	employee shall or shall not be terminated or the employee shall
286	resign without breach of contract.
287	Section 8.  Subsection (2) of section 1012.55, Florida
288	Statutes, is amended to read:
289	1012.55  Positions for which certificates required.--
290	(2)(a)  Each person who is employed and renders service as
291	an athletic coach in any public school in any district of this
292	state shall hold:
293	1.  A valid temporary or professional certificate, complete
294	the Internet-based coaching preparation program implemented by
295	the State Board of Education pursuant to paragraph (b), and hold
296	a valid cardiopulmonary resuscitation course completion card or
297	certificate issued by the American Heart Association or the
298	American Red Cross or an equivalent cardiopulmonary
299	resuscitation course completion card or certificate issued by an
300	entity approved by rule by the Department of Health; or
301	2.  An athletic coaching certificate. The athletic coaching
302	certificate may be used for either part-time or full-time
303	positions.
304	(b)  The State Board of Education shall review and compare
305	the National Standards for Athletic Coaches, Levels 1-3, with
306	the American Sport Education Program (ASEP), the National
307	Federation of State High School Associations (NFHS) Coaches
308	Education Program, National Center for Sports Safety (NCSS)
309	courses, and other equivalent programs and courses to identify
310	and implement a coaching preparation program that provides, at a
311	minimum, an overview of the recognition and prevention of
312	athletic injuries, coaching theory, and the effects and dangers
313	of drug use, including performance enhancing drugs. Training
314	through the program must be Internet-based but may also be
315	offered as face-to-face training or correspondence training.
316
317	The provisions of this subsection do not apply to any athletic
318	coach who voluntarily renders service and who is not employed by
319	any public school district of this state.
320	Section 9.  This act shall take effect July 1, 2008.

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