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The Committee on Judiciary (Webster) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Paragraph (d) of subsection (2) of section

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1000.05, Florida Statutes, is amended to read:

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     1000.05  Discrimination against students and employees in

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the Florida K-20 public education system prohibited; equality of

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access required.--

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     (2)

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     (d) Students may be separated by gender for a single-

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gender program under s. 1002.311, for any portion of a class

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that deals with human reproduction, or during participation in

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bodily contact sports. For the purpose of this section, bodily

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contact sports include wrestling, boxing, rugby, ice hockey,

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football, basketball, and other sports in which the purpose or

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major activity involves bodily contact.

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     Section 2.  Paragraph (a) of subsection (6) of section

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1002.20, Florida Statutes, is amended to read:

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     1002.20  K-12 student and parent rights.--Parents of public

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school students must receive accurate and timely information

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regarding their child's academic progress and must be informed

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of ways they can help their child to succeed in school. K-12

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students and their parents are afforded numerous statutory

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rights including, but not limited to, the following:

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     (6)  EDUCATIONAL CHOICE.--

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     (a)  Public school choices.--Parents of public school

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students may seek whatever public school choice options that are

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applicable to their students and are available to students in

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their school districts. These options may include controlled

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open enrollment, single-gender programs, lab schools, charter

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schools, charter technical career centers, magnet schools,

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alternative schools, special programs, advanced placement, dual

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enrollment, International Baccalaureate, International General

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Certificate of Secondary Education (pre-AICE), Advanced

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International Certificate of Education, early admissions, credit

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by examination or demonstration of competency, the New World

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School of the Arts, the Florida School for the Deaf and the

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Blind, and the Florida Virtual School. These options may also

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include the public school choice options of the Opportunity

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Scholarship Program and the McKay Scholarships for Students with

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Disabilities Program.

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     Section 3.  Section 1002.311, Florida Statutes, is created

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to read:

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     1002.311.-- Single-gender programs authorized.

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     (1) Subject to subsection (2) and in accordance with 34

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C.F.R. s. 106.34, a district school board may establish and

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maintain a nonvocational class, extracurricular activity, or

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school for elementary, middle, or high school students in which

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enrollment is limited to a single gender if the school district

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also makes available a substantially equal:

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(a) Single-gender class, extracurricular activity, or

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school to students of the other gender; and

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(b) Coeducational class, extracurricular activity, or

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school to all students.

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     (2) A district school board that establishes a single-

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gender class, extracurricular activity, or school:

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(a) May not require participation by any student. The

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district school board must ensure that participation in the

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single-gender class, extracurricular activity, or school is

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voluntary.

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     (b) Must evaluate each single-gender class,

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extracurricular activity, or school in the school district at

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least once every 2 years in order to ensure that it is in

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compliance with this section and 34 C.F.R. s. 106.34.

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     Section 4.  This act shall take effect July 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to education; amending s. 1000.05, F.S;

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providing that students may be separated by gender for

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specified single-gender programs; amending s. 1002.20,

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F.S.; providing that public school choice options may

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include single-gender programs; creating s. 1002.311,

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F.S.; authorizing district school boards to establish a

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nonvocational class, extracurricular activity, or school

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in which enrollment is limited to students of a single

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gender; providing conditions for such authorization;

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requiring that students' participation in single-gender

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programs be voluntary; requiring evaluation of single-

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gender programs every two years; providing an effective

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date.

3/5/2008  11:36:00 AM     JU.JU.04465