Florida Senate - 2015                             CS for SB 1480
       
       
        
       By the Committee on Education Pre-K - 12; and Senator Stargel
       
       
       
       
       
       581-04209-15                                          20151480c1
    1                        A bill to be entitled                      
    2         An act relating to extracurricular activities;
    3         amending s. 1006.20, F.S.; providing for review of the
    4         FHSAA’s performance of duties; providing requirements
    5         regarding fees and admission prices; revising
    6         provisions regarding eligibility and transfer;
    7         providing procedures for resolving student eligibility
    8         disputes; requiring the Florida High School Athletic
    9         Association (FHSAA) to adopt guidelines, provide
   10         resources, and develop training courses relating to
   11         sports ethics; providing that member schools must meet
   12         certain requirements relating to the sports ethics
   13         guidelines, resources, and training courses provided
   14         by the FHSAA; revising the governing structure of the
   15         FHSAA; deleting provisions relating to the FHSAA’s
   16         board of directors, representative assembly, public
   17         liaison advisory committee, and appeals committees;
   18         deleting requirements with respect to amendments to
   19         the FHSAA’s bylaws; amending s. 1006.15, F.S.;
   20         establishing guiding principles for extracurricular
   21         activities; providing definitions; revising academic
   22         eligibility requirements; specifying grounds for
   23         student ineligibility for participation in
   24         interscholastic athletics; specifying conditions under
   25         which students who are enrolled in public schools,
   26         certain private schools, or home education programs
   27         may participate in the extracurricular activities of a
   28         public school; deleting obsolete provisions; amending
   29         s. 1006.16, F.S.; revising insurance requirements to
   30         include students who participate in nonathletic
   31         extracurricular activities; requiring that insurance
   32         coverage provided by district school boards for
   33         participants in extracurricular activities include
   34         certain students; amending s. 1006.19, F.S.; providing
   35         a period within which an audit of a nonprofit
   36         association’s records must be provided to the Auditor
   37         General; requiring the Auditor General to conduct
   38         operational audits of the nonprofit association’s
   39         accounts and records; amending s. 1002.20, F.S.;
   40         conforming cross-references; revising provisions
   41         related to participation in extracurricular
   42         activities; amending ss. 1002.33, F.S.; conforming
   43         cross-references; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Section 1006.20, Florida Statutes, is amended to
   48  read:
   49         1006.20 Athletics in public K-12 schools.—
   50         (1) GOVERNING NONPROFIT ASSOCIATION ORGANIZATION.—The
   51  Florida High School Athletic Association (FHSAA) is designated
   52  as the governing nonprofit association for purposes of
   53  membership in the National Federation of State High School
   54  Associations organization of athletics in Florida public
   55  schools. Following completion of each operational audit
   56  conducted pursuant to s. 1006.19, the Commissioner of Education
   57  shall review the FHSAA’s performance in governing
   58  interscholastic athletics in compliance with this part,
   59  including the guiding principles for student eligibility for
   60  extracurricular activities. If, at any time, the FHSAA fails to
   61  meet the provisions of this part section, the commissioner, with
   62  the approval of the State Board of Education, shall designate
   63  another a nonprofit association organization to govern
   64  interscholastic athletics in this state and serve as Florida’s
   65  voting member association of the National Federation of State
   66  High School Associations athletics with the approval of the
   67  State Board of Education. The FHSAA is not a state agency as
   68  defined in s. 120.52 but is. The FHSAA shall be subject to ss.
   69  1006.15-1006.19. Any special event fees, sanctioning fees,
   70  including third-party sanctioning fees, or contest receipts
   71  collected annually by the FHSAA may not exceed its actual costs
   72  to perform the function or duty that is the subject of or
   73  justification for the fee the provisions of s. 1006.19. The
   74  FHSAA shall offer spectators seeking admission to athletic
   75  competitions the option of purchasing a single-day pass or a
   76  multiple-day pass that is at a cost below that which one would
   77  pay on a per-event basis for the same number of contests A
   78  private school that wishes to engage in high school athletic
   79  competition with a public high school may become a member of the
   80  FHSAA. Any high school in the state, including private schools,
   81  traditional public schools, charter schools, virtual schools,
   82  and home education cooperatives, may become a member of the
   83  FHSAA and participate in the activities of the FHSAA. However,
   84  Membership in the FHSAA is not mandatory for any school. FHSAA
   85  shall allow a school the option of joining the association as a
   86  full-time member or on a per sport basis and may not prohibit or
   87  discourage any school from simultaneously maintaining membership
   88  in FHSAA and another athletic association. The FHSAA may not
   89  deny or discourage interscholastic competition between its
   90  member schools and nonmember non-FHSAA member Florida schools,
   91  including members of another athletic association governing
   92  organization, and may not take any retributory or discriminatory
   93  action against any of its member schools that participate in
   94  interscholastic competition with nonmember non-FHSAA member
   95  Florida schools. The FHSAA may not unreasonably withhold its
   96  approval of an application to become an affiliate member of the
   97  National Federation of State High School Associations submitted
   98  by any other association organization that governs
   99  interscholastic athletic competition in this state which meets
  100  the requirements of this section. The commissioner may identify
  101  other associations that govern interscholastic athletic
  102  competition in compliance with this section The bylaws of the
  103  FHSAA are the rules by which high school athletic programs in
  104  its member schools, and the students who participate in them,
  105  are governed, unless otherwise specifically provided by statute.
  106  For the purposes of this section, “high school” includes grades
  107  6 through 12.
  108         (2) STUDENT ELIGIBILITY REQUIREMENTS; RECRUITING ADOPTION
  109  OF BYLAWS, POLICIES; ELIGIBILITY DISPUTE RESOLUTION, OR
  110  GUIDELINES.—The FHSAA shall:
  111         (a) The FHSAA shall adopt bylaws that, unless specifically
  112  provided by statute, Establish eligibility requirements for all
  113  students who participate in high school athletic competition in
  114  its member schools. A The bylaws governing residence and
  115  transfer shall allow the student is to be eligible in the school
  116  in which he or she first enrolls each school year or the school
  117  in which the student makes himself or herself a candidate for an
  118  athletic team by engaging in a practice before prior to
  119  enrolling in the school. A student who transfers The bylaws
  120  shall also allow the student to be eligible in the school to
  121  which the student has transferred during the school year is
  122  eligible in the school to which he or she transfers if the
  123  transfer is made by a deadline established by the FHSAA, which
  124  may not be prior to the date authorized for the beginning of
  125  practice for the sport. These transfers shall be allowed
  126  pursuant to the district school board policies in the case of
  127  transfer to a public school or pursuant to the private school
  128  policies in the case of transfer to a private school. The
  129  student shall be eligible in that school so long as he or she
  130  remains enrolled in that school. Subsequent eligibility shall be
  131  determined and enforced through the FHSAA’s bylaws. Requirements
  132  governing eligibility and transfer between member schools shall
  133  be applied similarly to public school students and private
  134  school students.
  135         (b) The FHSAA shall adopt bylaws that specifically Prohibit
  136  the recruiting of students for athletic purposes and. The bylaws
  137  shall prescribe penalties and an appeals process for athletic
  138  recruiting violations. If it is determined that a school has
  139  recruited a student in violation of FHSAA bylaws, the FHSAA may
  140  require the school to participate in a higher classification for
  141  the sport in which the recruited student competes for a minimum
  142  of one classification cycle, in addition to any other
  143  appropriate fine and sanction imposed on the school, its
  144  coaches, or adult representatives who commit violate recruiting
  145  violations rules. A student may not be declared ineligible based
  146  on a recruiting violation only if of recruiting rules unless the
  147  student or parent has committed an act specified in s.
  148  1006.15(4)(b)1.b. or the FHSAA has imposed sanctions against the
  149  individuals or member school engaging in recruiting and the
  150  student or the parent has committed an act specified in s.
  151  1006.15(4)(b)1.c. The FHSAA may not limit the competition of a
  152  student athlete prospectively for a rule violation by his or her
  153  school, the school’s coach, or the student athlete’s adult
  154  representative. The FHSAA may not punish a student athlete for
  155  an eligibility or recruiting violation perpetrated by a
  156  teammate, coach, or administrator. A contest may not be
  157  forfeited for an inadvertent eligibility violation unless the
  158  coach or a school administrator should have known of the
  159  violation. Contests may not be forfeited for other eligibility
  160  violations or recruiting violations in excess of the number of
  161  contests from which the coaches and adult representatives
  162  responsible for the violations are prospectively suspended. The
  163  mass distribution of untargeted mailings, electronic mailings,
  164  or printed guides or booklets by or on behalf of a member school
  165  which include detailed information regarding the member school’s
  166  interscholastic athletic programs may not be considered
  167  violations of the FHSAA’s policies falsified any enrollment or
  168  eligibility document or accepted any benefit or any promise of
  169  benefit if such benefit is not generally available to the
  170  school’s students or family members or is based in any way on
  171  athletic interest, potential, or performance.
  172         (c) The FHSAA shall adopt bylaws that Require all students
  173  participating in interscholastic athletic competition or who are
  174  candidates for an interscholastic athletic team to
  175  satisfactorily pass a medical evaluation each year before prior
  176  to participating in interscholastic athletic competition or
  177  engaging in any practice, tryout, workout, or other physical
  178  activity associated with the student’s candidacy for an
  179  interscholastic athletic team. Such medical evaluation may be
  180  administered only by a practitioner licensed under chapter 458,
  181  chapter 459, chapter 460, or s. 464.012, and in good standing
  182  with the practitioner’s regulatory board. The FHSAA bylaws shall
  183  establish requirements for eliciting a student’s medical history
  184  and performing the medical evaluation required under this
  185  paragraph, which shall include a physical assessment of the
  186  student’s physical capabilities to participate in
  187  interscholastic athletic competition as contained in a uniform
  188  preparticipation physical evaluation and history form. The
  189  evaluation form shall incorporate the recommendations of the
  190  American Heart Association for participation in cardiovascular
  191  screening and shall provide a place for the signature of the
  192  practitioner performing the evaluation with an attestation that
  193  each examination procedure listed on the form was performed by
  194  the practitioner or by someone under the direct supervision of
  195  the practitioner. The form shall also contain a place for the
  196  practitioner to indicate if a referral to another practitioner
  197  was made in lieu of completion of a certain examination
  198  procedure. The form shall provide a place for the practitioner
  199  to whom the student was referred to complete the remaining
  200  sections and attest to that portion of the examination. The
  201  preparticipation physical evaluation form shall advise students
  202  to complete a cardiovascular assessment and shall include
  203  information concerning alternative cardiovascular evaluation and
  204  diagnostic tests. Results of such medical evaluation must be
  205  provided to the school. A No student is not shall be eligible to
  206  participate in any interscholastic athletic competition or
  207  engage in any practice, tryout, workout, or other physical
  208  activity associated with the student’s candidacy for an
  209  interscholastic athletic team until the results of the medical
  210  evaluation are have been received and approved by the school.
  211         (d) Notwithstanding the provisions of paragraph (c), allow
  212  a student to may participate in interscholastic athletic
  213  competition or be a candidate for an interscholastic athletic
  214  team if the parent of the student objects in writing to the
  215  student undergoing a medical evaluation because such evaluation
  216  is contrary to his or her religious tenets or practices.
  217  However, in such case, there shall be no liability on the part
  218  of any person or entity in a position to otherwise rely on the
  219  results of such medical evaluation for any damages resulting
  220  from the student’s injury or death arising directly from the
  221  student’s participation in interscholastic athletics where an
  222  undisclosed medical condition that would have been revealed in
  223  the medical evaluation is a proximate cause of the injury or
  224  death.
  225         (e) The FHSAA shall adopt bylaws that Regulate persons who
  226  conduct investigations on behalf of the FHSAA. The bylaws shall
  227  include provisions that require An investigator must to:
  228         1. Undergo level 2 background screening under s. 435.04,
  229  establishing that the investigator has not committed any
  230  disqualifying offense listed in s. 435.04, unless the
  231  investigator can provide proof of compliance with level 2
  232  screening standards submitted within the previous 5 years to
  233  meet any professional licensure requirements, provided:
  234         a. The investigator has not had a break in service from a
  235  position that requires level 2 screening for more than 90 days;
  236  and
  237         b. The investigator submits, under penalty of perjury, an
  238  affidavit verifying that the investigator has not committed any
  239  disqualifying offense listed in s. 435.04 and is in full
  240  compliance with this paragraph.
  241         2. Be appointed as an investigator by the FHSAA executive
  242  director.
  243         3. Carry a photo identification card that shows the FHSAA
  244  name and, logo, and the investigator’s official title.
  245         4. Adhere to the following guidelines:
  246         a. Investigate only those alleged violations assigned by
  247  the FHSAA executive director or the board of directors.
  248         b. Conduct interviews on Monday through Friday between the
  249  hours of 9 a.m. and 7 p.m. only, unless previously agreed to by
  250  the interviewee.
  251         c. Allow the parent of any student being interviewed to be
  252  present during the interview.
  253         d. Search residences or other private areas only with the
  254  permission of the FHSAA executive director and the written
  255  consent of the student’s parent and only with a parent or a
  256  representative of the parent present.
  257         (f) The FHSAA shall adopt bylaws that Establish sanctions
  258  for coaches who have committed major violations of the FHSAA’s
  259  bylaws and policies.
  260         1. Major violations include, but are not limited to,
  261  knowingly allowing an ineligible student to participate in a
  262  contest representing a member school in an interscholastic
  263  contest or committing a violation of the FHSAA’s recruiting or
  264  sports ethics sportsmanship policies.
  265         2. Sanctions placed upon an individual coach may include,
  266  but are not limited to, prohibiting or suspending the coach from
  267  coaching, participating in, or attending any athletic activity
  268  sponsored, recognized, or sanctioned by the FHSAA and the member
  269  school for which the coach committed the violation. If a coach
  270  is sanctioned by the FHSAA and the coach transfers to another
  271  member school, those sanctions remain in full force and effect
  272  during the term of the sanction.
  273         3. If a member school is assessed a financial penalty as a
  274  result of a coach committing a major violation, the coach shall
  275  reimburse the member school before being allowed to coach,
  276  participate in, or attend any athletic activity sponsored,
  277  recognized, or sanctioned by the FHSAA and a member school.
  278         4. The FHSAA shall establish a due process procedure for
  279  coaches sanctioned under this paragraph, consistent with the
  280  appeals procedures set forth in subsection (7).
  281         (g) Provide a process for the resolution of student
  282  eligibility disputes. The FHSAA shall provide an opportunity to
  283  resolve eligibility issues through an informal conference
  284  procedure. The FHSAA must provide written notice to the student
  285  athlete, parent, and member school stating specific findings of
  286  fact that support a determination of ineligibility. The student
  287  athlete must request an informal conference if he or she intends
  288  to contest the charges. The informal conference must be held
  289  within 10 days after receipt of the student athlete’s request.
  290  If the eligibility dispute is not resolved at the informal
  291  conference, the FHSAA shall provide a process for the timely and
  292  cost-effective resolution of an eligibility dispute using a
  293  neutral third party, including the use of retired or former
  294  judges, mediation, or arbitration. The neutral third party shall
  295  be selected by the parent of the student athlete from a list
  296  maintained by the FHSAA. A final determination regarding the
  297  eligibility dispute must be issued no later than 30 days after
  298  the informal conference. The FHSAA shall adopt bylaws
  299  establishing the process for resolving eligibility disputes must
  300  and standards by which FHSAA determinations of eligibility are
  301  made. Such bylaws shall provide that:
  302         1. Ineligibility must be established by clear and
  303  convincing evidence.;
  304         2. Student athletes, parents, and schools must have notice
  305  of the initiation of any investigation or other inquiry into
  306  eligibility and may present, to the investigator and to the
  307  individual or body making the eligibility determination, any
  308  information or evidence that is credible, persuasive, and of a
  309  kind reasonably prudent persons rely upon in the conduct of
  310  serious affairs.;
  311         3. An investigator may not determine matters of eligibility
  312  but must submit information and evidence to the individual or
  313  body designated by the FHSAA executive director or a person
  314  designated by the executive director or by the board of
  315  directors for an unbiased and objective determination of
  316  eligibility.; and
  317         4. A determination of ineligibility must be made in
  318  writing, setting forth the findings of fact and specific
  319  violation upon which the decision is based.
  320         5.Any proceedings concerning student athlete eligibility
  321  must be held in the county in which the student athlete resides
  322  and may be conducted by telephone, videoconference, or other
  323  electronic means.
  324         6.A student athlete may not be declared ineligible to
  325  participate in athletic competition until a final decision is
  326  issued by the neutral third party unless the determination of
  327  ineligibility is based on s. 1006.15(4)(b)1.a., e., or f. It is
  328  the responsibility of the member school to assess the facts
  329  underlying the eligibility dispute and any potential penalties
  330  that may result from a determination of ineligibility in
  331  deciding whether to allow the student athlete to continue to
  332  participate before a final eligibility determination.
  333         (h)In lieu of bylaws adopted under paragraph (g), the
  334  FHSAA may adopt bylaws providing as a minimum the procedural
  335  safeguards of ss. 120.569 and 120.57, making appropriate
  336  provision for appointment of unbiased and qualified hearing
  337  officers.
  338         (i)The FHSAA bylaws may not limit the competition of
  339  student athletes prospectively for rule violations of their
  340  school or its coaches or their adult representatives. The FHSAA
  341  bylaws may not unfairly punish student athletes for eligibility
  342  or recruiting violations perpetrated by a teammate, coach, or
  343  administrator. Contests may not be forfeited for inadvertent
  344  eligibility violations unless the coach or a school
  345  administrator should have known of the violation. Contests may
  346  not be forfeited for other eligibility violations or recruiting
  347  violations in excess of the number of contests that the coaches
  348  and adult representatives responsible for the violations are
  349  prospectively suspended.
  350         (h)(j)The FHSAA shall Adopt guidelines to educate athletic
  351  coaches, officials, administrators, and student athletes and
  352  their parents about of the nature and risk of concussion and
  353  head injury.
  354         (i)(k)The FHSAA shall adopt bylaws or policies that
  355  Require the parent of a student who is participating in
  356  interscholastic athletic competition or who is a candidate for
  357  an interscholastic athletic team to sign and return an informed
  358  consent that explains the nature and risk of concussion and head
  359  injury, including the risk of continuing to play after
  360  concussion or head injury, each year before participating in
  361  interscholastic athletic competition or engaging in any
  362  practice, tryout, workout, or other physical activity associated
  363  with the student’s candidacy for an interscholastic athletic
  364  team.
  365         (j)(l)The FHSAA shall adopt bylaws or policies that
  366  Require each student athlete who is suspected of sustaining a
  367  concussion or head injury in a practice or competition to be
  368  immediately removed from the activity. A student athlete who has
  369  been removed from an activity may not return to practice or
  370  competition until the student submits to the school a written
  371  medical clearance to return stating that the student athlete no
  372  longer exhibits signs, symptoms, or behaviors consistent with a
  373  concussion or other head injury. Medical clearance must be
  374  authorized by the appropriate health care practitioner trained
  375  in the diagnosis, evaluation, and management of concussions as
  376  defined by the Sports Medicine Advisory Committee of the Florida
  377  High School Athletic Association.
  378         (k)(m)Establish The FHSAA shall adopt bylaws for the
  379  establishment and duties of a sports medicine advisory committee
  380  composed of the following members:
  381         1. Eight physicians licensed under chapter 458 or chapter
  382  459, with at least one member licensed under chapter 459.
  383         2. One chiropractor licensed under chapter 460.
  384         3. One podiatrist licensed under chapter 461.
  385         4. One dentist licensed under chapter 466.
  386         5. Three athletic trainers licensed under part XIII of
  387  chapter 468.
  388         6. One member who is a current or retired head coach of a
  389  high school in the state.
  390         (l)Adopt guidelines, provide resources, and develop a
  391  training course to promote sports ethics in interscholastic
  392  athletics and require each member school to:
  393         1.Establish policies that promote sports ethics in its
  394  interscholastic athletic programs.
  395         2.Educate, on a continuing basis, student athletes,
  396  athletic coaches, and administrators regarding these policies.
  397         3.Annually administer the sports ethics training course to
  398  student athletes, athletic coaches, and administrators.
  399         4.Annually certify compliance with this paragraph by a
  400  deadline established by the FHSAA.
  401  
  402  In developing the sports ethics training course, the FHSAA may
  403  provide for multiple modes of delivery, including in-person
  404  seminars or videoconferencing, webinars, or other electronic
  405  means.
  406         (3) GOVERNING STRUCTURE OF THE FHSAA.—
  407         (a) The FHSAA shall operate as a representative democracy
  408  in which the sovereign authority is within its member schools
  409  and the parents of students participating in interscholastic
  410  athletics within those schools. Except as provided in this
  411  section, the FHSAA shall govern its affairs through its bylaws.
  412         (b) Each member school, on its annual application for
  413  membership, shall name its official representative to the FHSAA.
  414  This representative must be either the school principal or his
  415  or her designee. That designee must either be an assistant
  416  principal or athletic director housed within that same school.
  417         (c) The governing board of the FHSAA shall consist of 16
  418  members composed proportionately of representatives from
  419  traditional public schools, public schools of choice, private
  420  schools, home education cooperatives, and parents of student
  421  athletes who are enrolled in such schools or programs. The
  422  governing board must also be constituted in a manner that
  423  provides for equitable representation among the various regions
  424  of the state where the association’s member schools are located.
  425  Any additional policymaking body established by the FHSAA must
  426  provide for proportionate representation of schools, programs,
  427  parents, and regions of the state as described in this paragraph
  428  FHSAA’s membership shall be divided along existing county lines
  429  into four contiguous and compact administrative regions, each
  430  containing an equal or nearly equal number of member schools to
  431  ensure equitable representation on the FHSAA’s board of
  432  directors, representative assembly, and appeals committees.
  433         (d)The FHSAA shall annually require each member of the
  434  governing board or other policymaking body to attend nonprofit
  435  governance training, which must include government in the
  436  sunshine, conflicts of interest, ethics, and student athlete
  437  centered decisionmaking consistent with the guiding principles
  438  for participation in extracurricular activities under s.
  439  1006.15.
  440         (4)BOARD OF DIRECTORS.—
  441         (a)The executive authority of the FHSAA shall be vested in
  442  its board of directors. Any entity that appoints members to the
  443  board of directors shall examine the ethnic and demographic
  444  composition of the board when selecting candidates for
  445  appointment and shall, to the greatest extent possible, make
  446  appointments that reflect state demographic and population
  447  trends. The board of directors shall be composed of 16 persons,
  448  as follows:
  449         1.Four public member school representatives, one elected
  450  from among its public school representative members within each
  451  of the four administrative regions.
  452         2.Four nonpublic member school representatives, one
  453  elected from among its nonpublic school representative members
  454  within each of the four administrative regions.
  455         3.Three representatives appointed by the commissioner, one
  456  appointed from the two northernmost administrative regions and
  457  one appointed from the two southernmost administrative regions.
  458  The third representative shall be appointed to balance the board
  459  for diversity or state population trends, or both.
  460         4.Two district school superintendents, one elected from
  461  the two northernmost administrative regions by the members in
  462  those regions and one elected from the two southernmost
  463  administrative regions by the members in those regions.
  464         5.Two district school board members, one elected from the
  465  two northernmost administrative regions by the members in those
  466  regions and one elected from the two southernmost administrative
  467  regions by the members in those regions.
  468         6.The commissioner or his or her designee from the
  469  department executive staff.
  470         (b)A quorum of the board of directors shall consist of
  471  nine members.
  472         (c)The board of directors shall elect a president and a
  473  vice president from among its members. These officers shall also
  474  serve as officers of the FHSAA.
  475         (d)Members of the board of directors shall serve terms of
  476  3 years and are eligible to succeed themselves only once. A
  477  member of the board of directors, other than the commissioner or
  478  his or her designee, may serve a maximum of 6 consecutive years.
  479  The FHSAA’s bylaws shall establish a rotation of terms to ensure
  480  that a majority of the members’ terms do not expire
  481  concurrently.
  482         (e)The authority and duties of the board of directors,
  483  acting as a body and in accordance with the FHSAA’s bylaws, are
  484  as follows:
  485         1.To act as the incorporated FHSAA’s board of directors
  486  and to fulfill its obligations as required by the FHSAA’s
  487  charter and articles of incorporation.
  488         2.To establish such guidelines, regulations, policies, and
  489  procedures as are authorized by the bylaws.
  490         3.To employ an FHSAA executive director, who shall have
  491  the authority to waive the bylaws of the FHSAA in order to
  492  comply with statutory changes.
  493         4.To levy annual dues and other fees and to set the
  494  percentage of contest receipts to be collected by the FHSAA.
  495         5.To approve the budget of the FHSAA.
  496         6.To organize and conduct statewide interscholastic
  497  competitions, which may or may not lead to state championships,
  498  and to establish the terms and conditions for these
  499  competitions.
  500         7.To act as an administrative board in the interpretation
  501  of, and final decision on, all questions and appeals arising
  502  from the directing of interscholastic athletics of member
  503  schools.
  504         (5)REPRESENTATIVE ASSEMBLY.—
  505         (a)The legislative authority of the FHSAA is vested in its
  506  representative assembly.
  507         (b)The representative assembly shall be composed of the
  508  following:
  509         1.An equal number of member school representatives from
  510  each of the four administrative regions.
  511         2.Four district school superintendents, one elected from
  512  each of the four administrative regions by the district school
  513  superintendents in their respective administrative regions.
  514         3.Four district school board members, one elected from
  515  each of the four administrative regions by the district school
  516  board members in their respective administrative regions.
  517         4.The commissioner or his or her designee from the
  518  department executive staff.
  519         (c)The FHSAA’s bylaws shall establish the number of member
  520  school representatives to serve in the representative assembly
  521  from each of the four administrative regions and shall establish
  522  the method for their selection.
  523         (d)No member of the board of directors other than the
  524  commissioner or his or her designee can serve in the
  525  representative assembly.
  526         (e)The representative assembly shall elect a chairperson
  527  and a vice chairperson from among its members.
  528         (f)Elected members of the representative assembly shall
  529  serve terms of 2 years and are eligible to succeed themselves
  530  for two additional terms. An elected member, other than the
  531  commissioner or his or her designee, may serve a maximum of 6
  532  consecutive years in the representative assembly.
  533         (g)A quorum of the representative assembly consists of one
  534  more than half of its members.
  535         (h)The authority of the representative assembly is limited
  536  to its sole duty, which is to consider, adopt, or reject any
  537  proposed amendments to the FHSAA’s bylaws.
  538         (i)The representative assembly shall meet as a body
  539  annually. A two-thirds majority of the votes cast by members
  540  present is required for passage of any proposal.
  541         (6)PUBLIC LIAISON ADVISORY COMMITTEE.—
  542         (a)The FHSAA shall establish, sustain, fund, and provide
  543  staff support to a public liaison advisory committee composed of
  544  the following:
  545         1.The commissioner or his or her designee.
  546         2.A member public school principal.
  547         3.A member private school principal.
  548         4.A member school principal who is a member of a racial
  549  minority.
  550         5.An active athletic director.
  551         6.An active coach, who is employed full time by a member
  552  school.
  553         7.A student athlete.
  554         8.A district school superintendent.
  555         9.A district school board member.
  556         10.A member of the Florida House of Representatives.
  557         11.A member of the Florida Senate.
  558         12.A parent of a high school student.
  559         13.A member of a home education association.
  560         14.A representative of the business community.
  561         15.A representative of the news media.
  562         (b)No member of the board of directors, committee on
  563  appeals, or representative assembly is eligible to serve on the
  564  public liaison advisory committee.
  565         (c)The public liaison advisory committee shall elect a
  566  chairperson and vice chairperson from among its members.
  567         (d)The authority and duties of the public liaison advisory
  568  committee are as follows:
  569         1.To act as a conduit through which the general public may
  570  have input into the decisionmaking process of the FHSAA and to
  571  assist the FHSAA in the development of procedures regarding the
  572  receipt of public input and disposition of complaints related to
  573  high school athletic and competition programs.
  574         2.To conduct public hearings annually in each of the four
  575  administrative regions during which interested parties may
  576  address issues regarding the effectiveness of the rules,
  577  operation, and management of the FHSAA.
  578         3.To conduct an annual evaluation of the FHSAA as a whole
  579  and present a report of its findings, conclusion, and
  580  recommendations to the board of directors, to the commissioner,
  581  and to the respective education committees of the Florida Senate
  582  and the Florida House of Representatives. The recommendations
  583  must delineate policies and procedures that will improve the
  584  implementation and oversight of high school athletic programs by
  585  the FHSAA.
  586         (e)The public liaison advisory committee shall meet four
  587  times annually. Additional meetings may be called by the
  588  committee chairperson, the FHSAA president, or the FHSAA
  589  executive director.
  590         (7)APPEALS.—
  591         (a)The FHSAA shall establish a procedure of due process
  592  which ensures each student the opportunity to appeal an
  593  unfavorable ruling with regard to his or her eligibility to
  594  compete. The initial appeal shall be made to a committee on
  595  appeals within the administrative region in which the student
  596  lives. The FHSAA’s bylaws shall establish the number, size, and
  597  composition of each committee on appeals.
  598         (b)No member of the board of directors is eligible to
  599  serve on a committee on appeals.
  600         (c)Members of a committee on appeals shall serve terms of
  601  3 years and are eligible to succeed themselves only once. A
  602  member of a committee on appeals may serve a maximum of 6
  603  consecutive years. The FHSAA’s bylaws shall establish a rotation
  604  of terms to ensure that a majority of the members’ terms do not
  605  expire concurrently.
  606         (d)The authority and duties of a committee on appeals
  607  shall be to consider requests by member schools seeking
  608  exceptions to bylaws and regulations, to hear undue hardship
  609  eligibility cases filed by member schools on behalf of student
  610  athletes, and to hear appeals filed by member schools or student
  611  athletes.
  612         (e)A student athlete or member school that receives an
  613  unfavorable ruling from a committee on appeals shall be entitled
  614  to appeal that decision to the board of directors at its next
  615  regularly scheduled meeting or called meeting. The board of
  616  directors shall have the authority to uphold, reverse, or amend
  617  the decision of the committee on appeals. In all such cases, the
  618  decision of the board of directors shall be final.
  619         (f)The FHSAA shall expedite the appeals process on
  620  determinations of ineligibility so that disposition of the
  621  appeal can be made before the end of the applicable sports
  622  season, if possible.
  623         (g)In any appeal from a decision on eligibility made by
  624  the executive director or a designee, a school or student
  625  athlete filing the appeal must be permitted to present
  626  information and evidence that was not available at the time of
  627  the initial determination or if the determination was not made
  628  by an unbiased, objective individual using a process allowing
  629  full due process rights to be heard and to present evidence. If
  630  evidence is presented on appeal, a de novo decision must be made
  631  by the committee or board hearing the appeal, or the
  632  determination may be suspended and the matter remanded for a new
  633  determination based on all the evidence. If a de novo decision
  634  is made on appeal, the decision must be made in writing, setting
  635  forth the findings of fact and specific violation upon which the
  636  decision is based. If a de novo decision is not required, the
  637  decision appealed must be set aside if the decision on
  638  ineligibility was not based on clear and convincing evidence.
  639  Any further appeal shall be considered on a record that includes
  640  all evidence presented.
  641         (8)AMENDMENT OF BYLAWS.—Each member school representative,
  642  the board of directors acting as a whole or as members acting
  643  individually, any advisory committee acting as a whole to be
  644  established by the FHSAA, and the FHSAA’s executive director are
  645  empowered to propose amendments to the bylaws. Any other
  646  individual may propose an amendment by securing the sponsorship
  647  of any of the aforementioned individuals or bodies. All proposed
  648  amendments must be submitted directly to the representative
  649  assembly for its consideration. The representative assembly,
  650  while empowered to adopt, reject, or revise proposed amendments,
  651  may not, in and of itself, as a body be allowed to propose any
  652  amendment for its own consideration.
  653         Section 2. Subsections (2) through (8) of section 1006.15,
  654  Florida Statutes, are amended to read:
  655         1006.15 Student standards for eligibility to participate
  656  participation in interscholastic and intrascholastic
  657  extracurricular student activities; regulation.—
  658         (2) District school board and nonprofit association
  659  policies governing student eligibility for extracurricular
  660  activities shall be guided by the following principles:
  661         (a)Interscholastic Extracurricular student activities are
  662  an important complement to the academic curriculum and provide
  663  students with incentives to succeed academically.
  664         (b) Participation in a comprehensive extracurricular and
  665  academic program contributes to student development of the
  666  social and intellectual skills necessary to become a well
  667  rounded adult.
  668         (c)Extracurricular activities promote teamwork and
  669  collaboration, expose students to individuals from diverse
  670  backgrounds, and enhance parental engagement in the school.
  671         (d)Policies governing student eligibility for
  672  extracurricular activities should not impede parental school
  673  choice.
  674         (e)A student’s school attendance zone or choice of
  675  educational program should not be a barrier to participation in
  676  extracurricular activities that are not offered by the student’s
  677  school or program.
  678         (3) As used in this part section, the term:
  679         (a) “Extracurricular activity” means a any school
  680  authorized or education-related activity occurring during or
  681  outside the regular instructional school day.
  682         (b)“Home education cooperative” means a parent-directed
  683  group of individual home education students which provides
  684  opportunities for interscholastic competition to those students.
  685         (c)“Impermissible benefit” means a benefit or promise of
  686  benefit that is based in any way on athletic interest,
  687  potential, or performance, that is a benefit not generally
  688  available to the school’s students or their family members, and
  689  that induces a student athlete to participate in the athletic
  690  programs of a member school. The term does not include
  691  transportation arrangements.
  692         (d)“Nonprofit association” means the nonprofit association
  693  that governs interscholastic athletic competition in this state
  694  pursuant to s. 1006.20.
  695         (e)“Public school student” means a student who is
  696  attending a traditional public school, charter school, magnet
  697  school, alternative school, developmental research laboratory
  698  school, other public school of choice, or public virtual school.
  699         (f)“Recruiting” means an effort by a school employee or
  700  athletic department staff member to pressure, urge, or entice a
  701  student to attend that school for the purpose of participating
  702  in interscholastic athletics.
  703         (g)“Unaffiliated private school” means a private school
  704  that has an enrollment of 125 or fewer students in grades 6
  705  through 12 and that is not a member of the nonprofit
  706  association.
  707         (4)(3)(a) A student is To be eligible to participate in
  708  interscholastic extracurricular student activities if the, a
  709  student must:
  710         1. Maintains Maintain a grade point average of 2.0 or above
  711  on a 4.0 scale, or its equivalent, in the previous semester or a
  712  cumulative grade point average of 2.0 or above on a 4.0 scale,
  713  or its equivalent, in the courses required by s. 1002.3105(5) or
  714  s. 1003.4282.
  715         2. Executes Execute and fulfills fulfill the requirements
  716  of an academic performance contract between the student, the
  717  district school board or private school, the appropriate
  718  governing association, and the student’s parents, if the
  719  student’s cumulative grade point average falls below 2.0, or its
  720  equivalent, on a 4.0 scale in the courses required by s.
  721  1002.3105(5) or s. 1003.4282. At a minimum, the contract must
  722  require that the student attend summer school, or its graded
  723  equivalent, between grades 9 and 10 or grades 10 and 11, as
  724  necessary.
  725         3. Has Have a cumulative grade point average of 2.0 or
  726  above on a 4.0 scale, or its equivalent, in the courses required
  727  by s. 1002.3105(5) or s. 1003.4282 during his or her junior or
  728  senior year.
  729         4. Maintains Maintain satisfactory conduct as prescribed by
  730  the district school board’s or private school’s code, including
  731  adherence to appropriate dress and other codes of student
  732  conduct policies described in s. 1006.07(2). If a student is
  733  convicted of, or is found to have committed, a felony or a
  734  delinquent act that would have been a felony if committed by an
  735  adult, regardless of whether adjudication is withheld, the
  736  student’s participation in interscholastic extracurricular
  737  activities is contingent upon established and published district
  738  school board or private school policy.
  739         5.Is a home education student who meets the requirements
  740  of the home education program pursuant to s. 1002.41, including
  741  requirements relating to annual educational evaluations. The
  742  evaluation processes or requirements placed on home education
  743  student participants may not exceed those that apply under s.
  744  1002.41 to home education students generally.
  745         (b)1.A student may be declared ineligible to participate
  746  in interscholastic athletics only if:
  747         a.The student fails to achieve compliance with paragraph
  748  (a);
  749         b.The student or parent falsifies an enrollment or
  750  eligibility document;
  751         c.The student or parent accepts an impermissible benefit;
  752         d.The student commits a flagrant act of unsportsmanlike
  753  conduct toward a contest official, opponent, or other person
  754  attending an athletic contest or violates substance abuse
  755  policies established by the nonprofit association;
  756         e.The student has exhausted 4 years of athletic
  757  eligibility, graduated from high school, or attained the maximum
  758  age established by the nonprofit association, whichever occurs
  759  first;
  760         f.The student does not pass a medical evaluation pursuant
  761  to s. 1006.20(2)(c), except as otherwise provided in s.
  762  1006.20(2)(d); or
  763         g.The student forfeits his or her amateur status, as
  764  defined by the nonprofit association.
  765         2.A student may not be declared ineligible to participate
  766  in interscholastic athletics based upon a violation of the
  767  FHSAA’s recruitment policy or otherwise because the student
  768  participated on a nonschool team or nonschool team affiliated
  769  with the school in which the student ultimately enrolls; or the
  770  student participated in nonschool athletic activities sponsored
  771  by a member school of the nonprofit association if, after
  772  participating, the student registers for, enrolls in, or applies
  773  to attend the sponsoring school. As used in this subparagraph,
  774  the terms “nonschool team” and “nonschool athletic activities”
  775  include, but are not limited to, club teams, travel teams, grade
  776  school teams, recreational league teams, personal instruction
  777  sessions, summer camp teams, and summer camp nonschool athletic
  778  programs.
  779         (c)1.(b)A Any student who is exempt from attending a full
  780  school day based on rules adopted by the district school board
  781  for double session schools or programs, experimental schools, or
  782  schools operating under emergency conditions must maintain the
  783  grade point average required by this section and pass each class
  784  for which he or she is enrolled.
  785         2.A student who transfers from a home education program to
  786  a public or private school before or during the first semester
  787  of the school year is academically eligible to participate in
  788  extracurricular activities during the first semester if the
  789  student has a successful evaluation from the previous school
  790  year pursuant to subparagraph (a)5.
  791         3.A public school or private school student who transfers
  792  into a home education program after being declared ineligible
  793  for participation in extracurricular activities pursuant to
  794  subparagraph (b)1. is ineligible to participate in such
  795  activities as a home education student until the student has
  796  successfully completed one semester in a home education program
  797  pursuant to s. 1002.41.
  798         4.A public school student who transfers to a private
  799  school or another public school, or a private school student who
  800  transfers to a public school or another private school, after
  801  being declared ineligible to participate in extracurricular
  802  activities pursuant to subparagraph (b)1. is ineligible to
  803  participate in such activities until the student has
  804  successfully completed one semester at the school to which he or
  805  she transfers and meets the requirements of paragraph (a).
  806         (d)(c)A public school student, a student attending an
  807  unaffiliated private school, or a An individual home education
  808  student is eligible to participate in an extracurricular
  809  activity that is not offered by the student’s school or home
  810  education program. Participation may occur at any the public
  811  school in the school district in which the student resides to
  812  which the student would be assigned according to district school
  813  board attendance area policies or a public school in another
  814  school district which the student could choose to attend
  815  pursuant to an district or interdistrict controlled open
  816  enrollment policy. A home education student provisions, or may
  817  also develop an agreement to participate at a private school, in
  818  the interscholastic or extracurricular activities of that
  819  school. In order to participate under this paragraph, a student
  820  must meet, provided the following conditions are met:
  821         1.The home education student must meet the requirements of
  822  the home education program pursuant to s. 1002.41.
  823         2.During the period of participation at a school, the home
  824  education student must demonstrate educational progress as
  825  required in paragraph (b) in all subjects taken in the home
  826  education program by a method of evaluation agreed upon by the
  827  parent and the school principal which may include: review of the
  828  student’s work by a certified teacher chosen by the parent;
  829  grades earned through correspondence; grades earned in courses
  830  taken at a Florida College System institution, university, or
  831  trade school; standardized test scores above the 35th
  832  percentile; or any other method designated in s. 1002.41.
  833         3.The home education student must meet the same residency
  834  requirements as other students in the school at which he or she
  835  participates.
  836         1.4. The home education student must meet the same
  837  standards of acceptance, behavior, and performance as required
  838  of other students in extracurricular activities.
  839         2.5. The student must register with the school his or her
  840  intent to participate in interscholastic extracurricular
  841  activities as a representative of the school before the
  842  beginning date of the nonathletic activity or season for the
  843  athletic activity in which he or she wishes to participate. A
  844  home education student must be able to participate in curricular
  845  activities if that is a requirement for an extracurricular
  846  activity.
  847         3.A student who is enrolled in an unaffiliated private
  848  school, a home education program, a full-time public virtual
  849  school, or any public school that does not offer any
  850  interscholastic athletic programs may only participate in
  851  interscholastic athletics at the public school in which the
  852  student is first registered.
  853         4.The student’s parent is responsible for transporting the
  854  student to and from the school at which the student
  855  participates. The school the student attends, the school at
  856  which the student participates in the extracurricular activity,
  857  the district school board, and the nonprofit association are
  858  exempt from civil liability arising from any injury to the
  859  student which occurs during such transportation.
  860         6.A student who transfers from a home education program to
  861  a publicschool before or during the first grading period of the
  862  school year is academically eligible to participate in
  863  interscholastic extracurricular activities during the first
  864  grading period provided the student has a successful evaluation
  865  from the previous school year, pursuant to subparagraph 2.
  866         7.Any public school or private school student who has been
  867  unable to maintain academic eligibility for participation in
  868  interscholastic extracurricular activities is ineligible to
  869  participate in such activities as a home education student until
  870  the student has successfully completed one grading period in
  871  home education pursuant to subparagraph 2. to become eligible to
  872  participate as a home education student.
  873         (d)An individual charter school student pursuant to s.
  874  1002.33 is eligible to participate at the public school to which
  875  the student would be assigned according to district school board
  876  attendance area policies or which the student could choose to
  877  attend, pursuant to district or interdistrict controlled open
  878  enrollment provisions, in any interscholastic extracurricular
  879  activity of that school, unless such activity is provided by the
  880  student’s charter school, if the following conditions are met:
  881         1.The charter school student must meet the requirements of
  882  the charter school education program as determined by the
  883  charter school governing board.
  884         2.During the period of participation at a school, the
  885  charter school student must demonstrate educational progress as
  886  required in paragraph (b).
  887         3.The charter school student must meet the same residency
  888  requirements as other students in the school at which he or she
  889  participates.
  890         4.The charter school student must meet the same standards
  891  of acceptance, behavior, and performance that are required of
  892  other students in extracurricular activities.
  893         5.The charter school student must register with the school
  894  his or her intent to participate in interscholastic
  895  extracurricular activities as a representative of the school
  896  before the beginning date of the season for the activity in
  897  which he or she wishes to participate. A charter school student
  898  must be able to participate in curricular activities if that is
  899  a requirement for an extracurricular activity.
  900         6.A student who transfers from a charter school program to
  901  a traditional public school before or during the first grading
  902  period of the school year is academically eligible to
  903  participate in interscholastic extracurricular activities during
  904  the first grading period if the student has a successful
  905  evaluation from the previous school year, pursuant to
  906  subparagraph 2.
  907         7.Any public school or private school student who has been
  908  unable to maintain academic eligibility for participation in
  909  interscholastic extracurricular activities is ineligible to
  910  participate in such activities as a charter school student until
  911  the student has successfully completed one grading period in a
  912  charter school pursuant to subparagraph 2. to become eligible to
  913  participate as a charter school student.
  914         (e)A student of the Florida Virtual School full-time
  915  program may participate in any interscholastic extracurricular
  916  activity at the public school to which the student would be
  917  assigned according to district school board attendance area
  918  policies or which the student could choose to attend, pursuant
  919  to district or interdistrict controlled open enrollment
  920  policies, if the student:
  921         1.During the period of participation in the
  922  interscholastic extracurricular activity, meets the requirements
  923  in paragraph (a).
  924         2.Meets any additional requirements as determined by the
  925  board of trustees of the Florida Virtual School.
  926         3.Meets the same residency requirements as other students
  927  in the school at which he or she participates.
  928         4.Meets the same standards of acceptance, behavior, and
  929  performance that are required of other students in
  930  extracurricular activities.
  931         5.Registers his or her intent to participate in
  932  interscholastic extracurricular activities with the school
  933  before the beginning date of the season for the activity in
  934  which he or she wishes to participate. A Florida Virtual School
  935  student must be able to participate in curricular activities if
  936  that is a requirement for an extracurricular activity.
  937         (f)A student who transfers from the Florida Virtual School
  938  full-time program to a traditional public school before or
  939  during the first grading period of the school year is
  940  academically eligible to participate in interscholastic
  941  extracurricular activities during the first grading period if
  942  the student has a successful evaluation from the previous school
  943  year pursuant to paragraph (a).
  944         (g)A public school or private school student who has been
  945  unable to maintain academic eligibility for participation in
  946  interscholastic extracurricular activities is ineligible to
  947  participate in such activities as a Florida Virtual School
  948  student until the student successfully completes one grading
  949  period in the Florida Virtual School pursuant to paragraph (a).
  950         (5)(4) The student standards for participation in
  951  interscholastic extracurricular activities must be applied
  952  beginning with the student’s first semester of the 9th grade.
  953  Each student must meet such other requirements for participation
  954  as may be established by the district school board; however,
  955  such requirements must apply on an equal basis to all students
  956  and a district school board may not make establish requirements
  957  for participation in interscholastic extracurricular activities
  958  which make participation in such activities less accessible to a
  959  transfer student or a student enrolled in a public school of
  960  choice, an unaffiliated private school, or a home education
  961  program students than to other students. A district school board
  962  or private school may not establish policies regarding transfer
  963  student eligibility for extracurricular activities which are
  964  more stringent than the policies established by the nonprofit
  965  association Except as set forth in paragraph (3)(c), evaluation
  966  processes or requirements that are placed on home education
  967  student participants may not go beyond those that apply under s.
  968  1002.41 to home education students generally.
  969         (6)(5)An Any organization or entity that regulates or
  970  governs interscholastic extracurricular activities of public
  971  schools:
  972         (a) Shall permit home education associations or home
  973  education cooperatives to join as member schools.
  974         (b) Shall not discriminate against any eligible student
  975  based on an educational choice of public, private, or home
  976  education.
  977         (7)(6) Public schools are prohibited from membership in any
  978  organization or entity that which regulates or governs
  979  interscholastic extracurricular activities and discriminates
  980  against eligible students in public, private, or home education.
  981         (7)Any insurance provided by district school boards for
  982  participants in extracurricular activities shall cover the
  983  participating home education student. If there is an additional
  984  premium for such coverage, the participating home education
  985  student shall pay the premium.
  986         (8)(a)The Florida High School Athletic Association
  987  (FHSAA), in cooperation with each district school board, shall
  988  facilitate a program in which a middle school or high school
  989  student who attends a private school shall be eligible to
  990  participate in an interscholastic or intrascholastic sport at a
  991  public high school, a public middle school, or a 6-12 public
  992  school that is zoned for the physical address at which the
  993  student resides if:
  994         1.The private school in which the student is enrolled is
  995  not a member of the FHSAA and does not offer an interscholastic
  996  or intrascholastic athletic program.
  997         2.The private school student meets the guidelines for the
  998  conduct of the program established by the FHSAA’s board of
  999  directors and the district school board. At a minimum, such
 1000  guidelines shall provide:
 1001         a.A deadline for each sport by which the private school
 1002  student’s parents must register with the public school in
 1003  writing their intent for their child to participate at that
 1004  school in the sport.
 1005         b.Requirements for a private school student to
 1006  participate, including, but not limited to, meeting the same
 1007  standards of eligibility, acceptance, behavior, educational
 1008  progress, and performance which apply to other students
 1009  participating in interscholastic or intrascholastic sports at a
 1010  public school or FHSAA member private school.
 1011         (b)The parents of a private school student participating
 1012  in a public school sport under this subsection are responsible
 1013  for transporting their child to and from the public school at
 1014  which the student participates. The private school the student
 1015  attends, the public school at which the student participates in
 1016  a sport, the district school board, and the FHSAA are exempt
 1017  from civil liability arising from any injury that occurs to the
 1018  student during such transportation.
 1019         (c)For each academic year, a private school student may
 1020  only participate at the public school in which the student is
 1021  first registered under sub-subparagraph (a)2.a. or makes himself
 1022  or herself a candidate for an athletic team by engaging in a
 1023  practice.
 1024         (d)The athletic director of each participating FHSAA
 1025  member public school shall maintain the student records
 1026  necessary for eligibility, compliance, and participation in the
 1027  program.
 1028         (e)Any non-FHSAA member private school that has a student
 1029  who wishes to participate in this program must make all student
 1030  records, including, but not limited to, academic, financial,
 1031  disciplinary, and attendance records, available upon request of
 1032  the FHSAA.
 1033         (f)A student must apply to participate in this program
 1034  through the FHSAA program application process.
 1035         (g)Only students who are enrolled in non-FHSAA member
 1036  private schools consisting of 125 students or fewer are eligible
 1037  to participate in the program in any given academic year.
 1038         Section 3. Section 1006.16, Florida Statutes, is amended to
 1039  read:
 1040         1006.16 Insuring school students engaged in extracurricular
 1041  athletic activities against injury.—A Any district school board,
 1042  school athletic association, or school may formulate, conduct,
 1043  and purchase a plan or method of insuring, or may self-insure,
 1044  participants in extracurricular activities school students
 1045  against injury sustained by reason of such participation
 1046  students engaging and participating in the extracurricular
 1047  athletic activities conducted or sponsored by the district
 1048  school board, association, or school in which such students are
 1049  enrolled. A district school board, school athletic association,
 1050  or school may add a surcharge to the fee charged for admission
 1051  to athletic events as a means of producing revenue to purchase
 1052  such insurance or to provide self-insurance. A Any district
 1053  school board may pay for all or part of such plan or method of
 1054  insurance or self-insurance from available district school board
 1055  funds. Insurance provided by a district school board for
 1056  participants in extracurricular activities must cover home
 1057  education and unaffiliated private school students participating
 1058  in extracurricular activities at a district public school
 1059  pursuant to s. 1006.15 under the same terms and conditions that
 1060  apply to students enrolled in a district public school.
 1061         Section 4. Subsection (1) of section 1006.19, Florida
 1062  Statutes, is amended to read:
 1063         1006.19 Audit of records of nonprofit corporations and
 1064  associations handling interscholastic activities.—
 1065         (1) Each nonprofit association or corporation that operates
 1066  for the purpose of supervising and controlling interscholastic
 1067  activities of public high schools and whose membership is
 1068  composed of duly certified representatives of public high
 1069  schools, and whose rules and regulations are established by
 1070  members thereof, shall have an annual financial audit of its
 1071  accounts and records conducted by an independent certified
 1072  public accountant retained by it and paid from its funds. The
 1073  accountant shall furnish a copy of the audit report to the
 1074  Auditor General within 30 days after completion of the audit. At
 1075  least every 3 years, the Auditor General shall conduct an
 1076  operational audit of the accounts and records of each nonprofit
 1077  association.
 1078         Section 5. Subsections (17) and (18) of section 1002.20,
 1079  Florida Statutes, are amended to read:
 1080         1002.20 K-12 student and parent rights.—Parents of public
 1081  school students must receive accurate and timely information
 1082  regarding their child’s academic progress and must be informed
 1083  of ways they can help their child to succeed in school. K-12
 1084  students and their parents are afforded numerous statutory
 1085  rights including, but not limited to, the following:
 1086         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
 1087         (a) Eligibility.—Eligibility requirements for all students
 1088  participating in high school athletic competition must allow a
 1089  student to be eligible in the school in which he or she first
 1090  enrolls each school year, the school in which the student makes
 1091  himself or herself a candidate for an athletic team by engaging
 1092  in practice before enrolling, or the school to which the student
 1093  has transferred with approval of the district school board, in
 1094  accordance with s. 1006.20 the provisions of s. 1006.20(2)(a).
 1095         (b) Medical evaluation.—Students must satisfactorily pass a
 1096  medical evaluation each year before participating in athletics,
 1097  unless the parent objects in writing based on religious tenets
 1098  or practices, in accordance with s. 1006.20 the provisions of s.
 1099  1006.20(2)(d).
 1100         (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
 1101  provisions of s. 1006.15:
 1102         (a) Eligibility.—Students who meet specified academic and
 1103  conduct requirements are eligible to participate in
 1104  extracurricular activities.
 1105         (b) Participation Home education students.All public
 1106  school students, including those enrolled in public schools of
 1107  choice and virtual education, all home education students, and
 1108  certain private school students may participate in any
 1109  extracurricular activity not offered by a student’s school or
 1110  home education program at any public school in the school
 1111  district in which the student resides or a public school in
 1112  another school district which the student could choose to attend
 1113  pursuant to an interdistrict controlled open enrollment policy
 1114  who meet specified academic and conduct requirements are
 1115  eligible to participate in extracurricular activities at the
 1116  public school to which the student would be assigned or could
 1117  choose to attend according to district school board policies, or
 1118  may develop an agreement to participate at a private school.
 1119         (c)Charter school students.—Charter school students who
 1120  meet specified academic and conduct requirements are eligible to
 1121  participate in extracurricular activities at the public school
 1122  to which the student would be assigned or could choose to attend
 1123  according to district school board policies, unless such
 1124  activity is provided by the student’s charter school.
 1125         (d)Florida Virtual School full-time students.—Florida
 1126  Virtual School full-time students who meet specified academic
 1127  and conduct requirements are eligible to participate in
 1128  extracurricular activities at the public school to which the
 1129  student would be assigned or could choose to attend according to
 1130  district school board policies.
 1131         (c)(e)Discrimination prohibited.—Organizations that
 1132  regulate or govern extracurricular activities of public schools
 1133  shall not discriminate against any eligible student based on an
 1134  educational choice of public, private, or home education.
 1135         Section 6. Subsection (11) of section 1002.33, Florida
 1136  Statutes, is amended to read:
 1137         1002.33 Charter schools.—
 1138         (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
 1139  ACTIVITIES.—A charter school student is eligible to participate
 1140  in an interscholastic extracurricular activity at another the
 1141  public school to which the student would be otherwise assigned
 1142  to attend pursuant to s. 1006.15 s. 1006.15(3)(d).
 1143         Section 7. This act shall take effect July 1, 2015.