Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 492
Barcode 854832
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/23/2012 .
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The Committee on Higher Education (Siplin) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 1001.435, Florida Statutes, is repealed.
6 Section 2. Paragraphs (i), (j), and (k) of subsection (3)
7 of section 1002.20, Florida Statutes, are amended to read:
8 1002.20 K-12 student and parent rights.—Parents of public
9 school students must receive accurate and timely information
10 regarding their child’s academic progress and must be informed
11 of ways they can help their child to succeed in school. K-12
12 students and their parents are afforded numerous statutory
13 rights including, but not limited to, the following:
14 (3) HEALTH ISSUES.—
15 (i) Epinephrine use.—A student who has experienced or is at
16 risk for life-threatening allergic reactions may carry an
17 epinephrine auto-injector and self-administer epinephrine by
18 auto-injector while in school, participating in school-sponsored
19 activities, or in transit to or from school or school-sponsored
20 activities if the school has been provided with parental and
21 physician authorization. The State Board of Education, in
22 cooperation with the Department of Health, shall adopt rules for
23 such use of epinephrine auto-injectors that shall include
24 provisions to protect the safety of all students from the misuse
25 or abuse of auto-injectors. A school district, county health
26 department, public-private partner, and their employees and
27 volunteers shall be indemnified by the parent of a student
28 authorized to carry an epinephrine auto-injector for any and all
29 liability with respect to the student’s use of an epinephrine
30 auto-injector pursuant to this paragraph.
31 (j) Diabetes management.—A school district may not restrict
32 the assignment of a student who has diabetes to a particular
33 school on the basis that the student has diabetes, that the
34 school does not have a full-time school nurse, or that the
35 school does not have trained diabetes personnel. Diabetic
36 students whose parent and physician provide their written
37 authorization to the school principal may carry diabetic
38 supplies and equipment on their person and attend to the
39 management and care of their diabetes while in school,
40 participating in school-sponsored activities, or in transit to
41 or from school or school-sponsored activities to the extent
42 authorized by the parent and physician and within the parameters
43 set forth by State Board of Education rule. The written
44 authorization shall identify the diabetic supplies and equipment
45 that the student is authorized to carry and shall describe the
46 activities the child is capable of performing without
47 assistance, such as performing blood-glucose level checks and
48 urine ketone testing, administering insulin through the insulin
49 delivery system used by the student, and treating hypoglycemia
50 and hyperglycemia. The State Board of Education, in cooperation
51 with the Department of Health, shall adopt rules to encourage
52 every school in which a student with diabetes is enrolled to
53 have personnel trained in routine and emergency diabetes care.
54 The State Board of Education, in cooperation with the Department
55 of Health, shall also adopt rules for the management and care of
56 diabetes by students in schools that include provisions to
57 protect the safety of all students from the misuse or abuse of
58 diabetic supplies or equipment. A school district, county health
59 department, and public-private partner, and the employees and
60 volunteers of those entities, shall be indemnified by the parent
61 of a student authorized to carry diabetic supplies or equipment
62 for any and all liability with respect to the student’s use of
63 such supplies and equipment pursuant to this paragraph.
64 (k) Use of prescribed pancreatic enzyme supplements.—A
65 student who has experienced or is at risk for pancreatic
66 insufficiency or who has been diagnosed as having cystic
67 fibrosis may carry and self-administer a prescribed pancreatic
68 enzyme supplement while in school, participating in school
69 sponsored activities, or in transit to or from school or school
70 sponsored activities if the school has been provided with
71 authorization from the student’s parent and prescribing
72 practitioner. The State Board of Education, in cooperation with
73 the Department of Health, shall adopt rules for the use of
74 prescribed pancreatic enzyme supplements which shall include
75 provisions to protect the safety of all students from the misuse
76 or abuse of the supplements. A school district, county health
77 department, public-private partner, and their employees and
78 volunteers shall be indemnified by the parent of a student
79 authorized to use prescribed pancreatic enzyme supplements for
80 any and all liability with respect to the student’s use of the
81 supplements under this paragraph.
82 Section 3. Section 1002.375, Florida Statutes, is repealed.
83 Section 4. Section 1002.65, Florida Statutes, is repealed.
84 Section 5. Subsection (1) of section 1003.4285, Florida
85 Statutes, is repealed.
86 Section 6. Section 1003.496, Florida Statutes, is repealed.
87 Section 7. Section 1003.576, Florida Statutes, is repealed.
88 Section 8. Section 1004.05, Florida Statutes, is repealed.
89 Section 9. Section 1004.62, Florida Statutes, is repealed.
90 Section 10. Section 1006.02, Florida Statutes, is repealed.
91 Section 11. Section 1006.025, Florida Statutes, is
92 repealed.
93 Section 12. Section 1006.035, Florida Statutes, is
94 repealed.
95 Section 13. Section 1006.051, Florida Statutes, is
96 repealed.
97 Section 14. Section 1006.141, Florida Statutes, is
98 repealed.
99 Section 15. Section 1006.17, Florida Statutes, is repealed.
100 Section 16. Section 1006.70, Florida Statutes, is repealed.
101 Section 17. Section 1007.21, Florida Statutes, is repealed.
102 Section 18. Section 1007.272, Florida Statutes, is
103 repealed.
104 Section 19. Subsection (6) of section 1007.33, Florida
105 Statutes, is repealed.
106 Section 20. Paragraph (c) of subsection (1) of section
107 1011.61, Florida Statutes, is amended to read:
108 1011.61 Definitions.—Notwithstanding the provisions of s.
109 1000.21, the following terms are defined as follows for the
110 purposes of the Florida Education Finance Program:
111 (1) A “full-time equivalent student” in each program of the
112 district is defined in terms of full-time students and part-time
113 students as follows:
114 (c)1. A “full-time equivalent student” is:
115 a. A full-time student in any one of the programs listed in
116 s. 1011.62(1)(c); or
117 b. A combination of full-time or part-time students in any
118 one of the programs listed in s. 1011.62(1)(c) which is the
119 equivalent of one full-time student based on the following
120 calculations:
121 (I) A full-time student in a combination of programs listed
122 in s. 1011.62(1)(c) shall be a fraction of a full-time
123 equivalent membership in each special program equal to the
124 number of net hours per school year for which he or she is a
125 member, divided by the appropriate number of hours set forth in
126 subparagraph (a)1. or subparagraph (a)2. The difference between
127 that fraction or sum of fractions and the maximum value as set
128 forth in subsection (4) for each full-time student is presumed
129 to be the balance of the student’s time not spent in such
130 special education programs and shall be recorded as time in the
131 appropriate basic program.
132 (II) A prekindergarten handicapped student shall meet the
133 requirements specified for kindergarten students.
134 (III) A full-time equivalent student for students in
135 kindergarten through grade 5 in a virtual instruction program
136 under s. 1002.45 or a virtual charter school under s. 1002.33
137 shall consist of a student who has successfully completed a
138 basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
139 promoted to a higher grade level.
140 (IV) A full-time equivalent student for students in grades
141 6 through 12 in a virtual instruction program under s.
142 1002.45(1)(b)1., 2., or 3. or a virtual charter school under s.
143 1002.33 shall consist of six full credit completions in programs
144 listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
145 may be a combination of full-credit courses or half-credit
146 courses. Beginning in the 2014-2015 fiscal year, when s.
147 1008.22(3)(g) is implemented, the reported full-time equivalent
148 students and associated funding of students enrolled in courses
149 requiring passage of an end-of-course assessment shall be
150 adjusted after the student completes the end-of-course
151 assessment.
152 (V) A Florida Virtual School full-time equivalent student
153 shall consist of six full credit completions or the prescribed
154 level of content that counts toward promotion to the next grade
155 in the programs listed in s. 1011.62(1)(c)1.a. and b. for
156 kindergarten through grade 8 and the programs listed in s.
157 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
158 may be a combination of full-credit courses or half-credit
159 courses. Beginning in the 2014-2015 fiscal year, when s.
160 1008.22(3)(g) is implemented, the reported full-time equivalent
161 students and associated funding of students enrolled in courses
162 requiring passage of an end-of-course assessment shall be
163 adjusted after the student completes the end-of-course
164 assessment.
165 (VI) Each successfully completed full-credit course earned
166 through an online course delivered by a district other than the
167 one in which the student resides shall be calculated as 1/6 FTE.
168 (VII) Each successfully completed credit earned under the
169 alternative high school course credit requirements authorized in
170 s. 1002.375, which is not reported as a portion of the 900 net
171 hours of instruction pursuant to subparagraph (1)(a)1., shall be
172 calculated as 1/6 FTE.
173 2. A student in membership in a program scheduled for more
174 or less than 180 school days or the equivalent on an hourly
175 basis as specified by rules of the State Board of Education is a
176 fraction of a full-time equivalent membership equal to the
177 number of instructional hours in membership divided by the
178 appropriate number of hours set forth in subparagraph (a)1.;
179 however, for the purposes of this subparagraph, membership in
180 programs scheduled for more than 180 days is limited to students
181 enrolled in juvenile justice education programs and the Florida
182 Virtual School.
183
184 The department shall determine and implement an equitable method
185 of equivalent funding for experimental schools and for schools
186 operating under emergency conditions, which schools have been
187 approved by the department to operate for less than the minimum
188 school day.
189 Section 21. Section 1012.58, Florida Statutes, is repealed.
190 Section 22. This act shall take effect upon becoming a law.
191
192 ================= T I T L E A M E N D M E N T ================
193 And the title is amended as follows:
194 Delete everything before the enacting clause
195 and insert:
196 A bill to be entitled
197 An act relating to education; repealing s. 1001.435,
198 F.S., relating to a K-12 foreign language curriculum
199 plan; amending s. 1002.20, F.S., relating to the
200 rights of public school students and parents; deleting
201 requirements that the State Board of Education adopt
202 rules relating to epinephrine use, diabetes
203 management, and the use of pancreatic enzyme
204 supplements by students; repealing s. 1002.375, F.S.,
205 relating to a pilot project that allows school
206 districts to award alternative credit for high school
207 courses; repealing s. 1002.65, F.S., relating to
208 aspirational goals for the professional credentials of
209 prekindergarten instructors; repealing s.
210 1003.4285(1), F.S., relating to a standard high school
211 diploma designation that indicates a student’s major
212 area of interest; repealing s. 1003.496, F.S.,
213 relating to the High School to Business Career
214 Enhancement Program; repealing s. 1003.576, F.S.,
215 relating to the development and operation of an
216 electronic individual education plan system; repealing
217 s. 1004.05, F.S., relating to the development by state
218 universities and Florida College System institutions
219 of substance abuse training programs; repealing s.
220 1004.62, F.S., relating to incentives for urban or
221 socially and economically disadvantaged area
222 internships; repealing s. 1006.02, F.S., relating to
223 the provision of information to students and parents
224 regarding the school-to-work transition; repealing s.
225 1006.025, F.S., relating to the preparation and
226 submission of a school district guidance report by
227 district school boards; repealing s. 1006.035, F.S.,
228 relating to a dropout reentry and mentor project;
229 repealing s. 1006.051, F.S., relating to the Sunshine
230 Workforce Solutions Grant Program; repealing s.
231 1006.141, F.S., relating to authorization for the
232 Department of Education to contract with the Florida
233 Sheriffs Association to operate a statewide school
234 safety hotline; repealing s. 1006.17, F.S., relating
235 to school district or Florida College System
236 institution sponsorship of athletic activities or
237 sports similar to sports for which public
238 postsecondary educational institutions offer
239 scholarships; repealing s. 1006.70, F.S., relating to
240 school district or Florida College System institution
241 sponsorship of athletic activities or sports similar
242 to sports for which public postsecondary educational
243 institutions offer scholarships; repealing s. 1007.21,
244 F.S., relating to student readiness for postsecondary
245 education and the workplace; repealing s. 1007.272,
246 F.S., relating to authorization for school districts,
247 Florida College System institutions, and state
248 universities to conduct advanced placement instruction
249 within dual enrollment courses; repealing s.
250 1007.33(6), F.S., relating to authorization for
251 certain Florida College System institutions to obtain
252 an exemption from required State Board of Education
253 approval for baccalaureate degree programs if
254 eligibility requirements are met; amending s. 1011.61,
255 F.S.; conforming provisions to changes made by the
256 act; repealing s. 1012.58, F.S., relating to the
257 Transition to Teaching Program; providing an effective
258 date.