Florida Senate - 2016                       CS for CS for SB 684
       
       
        
       By the Committees on Appropriations; and Education Pre-K - 12;
       and Senators Gaetz and Stargel
       
       576-03786-16                                           2016684c2
    1                        A bill to be entitled                      
    2         An act relating to choice in sports; amending s.
    3         1002.20, F.S.; revising public school choice options
    4         available to students to include CAPE digital tools,
    5         CAPE industry certifications, and collegiate high
    6         school programs; authorizing parents of public school
    7         students to seek private educational choice options
    8         through the Florida Personal Learning Scholarship
    9         Accounts Program under certain circumstances; revising
   10         student eligibility requirements for participating in
   11         high school athletic competitions; authorizing public
   12         schools to provide transportation to students
   13         participating in open enrollment; amending s. 1002.31,
   14         F.S.; requiring each district school board and charter
   15         school governing board to authorize a parent to have
   16         his or her child participate in controlled open
   17         enrollment; requiring the school district to report
   18         the student for purposes of the school district’s
   19         funding; authorizing a school district to provide
   20         transportation to such students; requiring that each
   21         district school board adopt and publish on its website
   22         a controlled open enrollment process; specifying
   23         criteria for the process; prohibiting a school
   24         district from delaying or preventing a student who
   25         participates in controlled open enrollment from being
   26         immediately eligible to participate in certain
   27         activities; amending s. 1006.15, F.S.; defining the
   28         term “eligible to participate”; conforming provisions
   29         to changes made by the act; prohibiting a school
   30         district from delaying or preventing a student who
   31         participates in open controlled enrollment from being
   32         immediately eligible to participate in certain
   33         activities; authorizing a transfer student to
   34         immediately participate in interscholastic or
   35         intrascholastic activities under certain
   36         circumstances; prohibiting a school district or the
   37         Florida High School Athletic Association (FHSAA) from
   38         declaring a transfer student ineligible under certain
   39         circumstances; amending s. 1006.20, F.S.; requiring
   40         the FHSAA to allow a private school to maintain full
   41         membership in the association or to join by sport;
   42         prohibiting the FHSAA from discouraging a private
   43         school from maintaining membership in the FHSAA and
   44         another athletic association; authorizing the FHSAA to
   45         allow a public school to apply for consideration to
   46         join another athletic association; specifying
   47         penalties for recruiting violations; requiring a
   48         school to forfeit a competition in which a student who
   49         was recruited by specified adults participated;
   50         revising circumstances under which a student may be
   51         declared ineligible; requiring student ineligibility
   52         to be established by a preponderance of the evidence;
   53         amending ss. 1012.795 and 1012.796, F.S.; conforming
   54         provisions to changes made by the act; providing an
   55         effective date.
   56          
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. Paragraphs (a) and (b) of subsection (6),
   60  paragraph (a) of subsection (17), and paragraph (a) of
   61  subsection (22) of section 1002.20, Florida Statutes, are
   62  amended to read:
   63         1002.20 K-12 student and parent rights.—Parents of public
   64  school students must receive accurate and timely information
   65  regarding their child’s academic progress and must be informed
   66  of ways they can help their child to succeed in school. K-12
   67  students and their parents are afforded numerous statutory
   68  rights including, but not limited to, the following:
   69         (6) EDUCATIONAL CHOICE.—
   70         (a) Public school choices.—Parents of public school
   71  students may seek any whatever public school choice options that
   72  are applicable and available to students in their school
   73  districts. These options may include controlled open enrollment,
   74  single-gender programs, lab schools, virtual instruction
   75  programs, charter schools, charter technical career centers,
   76  magnet schools, alternative schools, special programs, auditory
   77  oral education programs, advanced placement, dual enrollment,
   78  International Baccalaureate, International General Certificate
   79  of Secondary Education (pre-AICE), CAPE digital tools, CAPE
   80  industry certifications, collegiate high school programs,
   81  Advanced International Certificate of Education, early
   82  admissions, credit by examination or demonstration of
   83  competency, the New World School of the Arts, the Florida School
   84  for the Deaf and the Blind, and the Florida Virtual School.
   85  These options may also include the public educational school
   86  choice options of the Opportunity Scholarship Program and the
   87  McKay Scholarships for Students with Disabilities Program.
   88         (b) Private educational school choices.—Parents of public
   89  school students may seek private educational school choice
   90  options under certain programs.
   91         1. Under the McKay Scholarships for Students with
   92  Disabilities Program, the parent of a public school student with
   93  a disability may request and receive a McKay Scholarship for the
   94  student to attend a private school in accordance with s.
   95  1002.39.
   96         2. Under the Florida Tax Credit Scholarship Program, the
   97  parent of a student who qualifies for free or reduced-price
   98  school lunch or who is currently placed, or during the previous
   99  state fiscal year was placed, in foster care as defined in s.
  100  39.01 may seek a scholarship from an eligible nonprofit
  101  scholarship-funding organization in accordance with s. 1002.395.
  102         3. Under the Florida Personal Learning Scholarship Accounts
  103  Program, the parent of a student with a qualifying disability
  104  may apply for a personal learning scholarship to be used for
  105  individual educational needs in accordance with s. 1002.385.
  106         (17) ATHLETICS; PUBLIC HIGH SCHOOL.—
  107         (a) Eligibility.—Eligibility requirements for all students
  108  participating in high school athletic competition must allow a
  109  student to be immediately eligible in the school in which he or
  110  she first enrolls each school year, the school in which the
  111  student makes himself or herself a candidate for an athletic
  112  team by engaging in practice before enrolling, or the school to
  113  which the student has transferred with approval of the district
  114  school board, in accordance with the provisions of s.
  115  1006.20(2)(a).
  116         (22) TRANSPORTATION.—
  117         (a) Transportation to school.—Public school students shall
  118  be provided transportation to school, in accordance with the
  119  provisions of s. 1006.21(3)(a). Public school students may be
  120  provided transportation to school in accordance with the
  121  controlled open enrollment provisions of s. 1002.31(2).
  122         Section 2. Section 1002.31, Florida Statutes, is amended to
  123  read:
  124         1002.31 Controlled open enrollment; public school parental
  125  choice.—
  126         (1) As used in this section, “controlled open enrollment”
  127  means a public education delivery system that allows school
  128  districts to make student school assignments using parents’
  129  indicated preferential school choice as a significant factor.
  130         (2)(a)As part of a school district’s controlled open
  131  enrollment, and in addition to the existing public school choice
  132  programs provided in s. 1002.20(6)(a), each district school
  133  board shall allow a parent from any school district in the state
  134  whose child is not subject to a current expulsion or suspension
  135  order to enroll his or her child in and transport his or her
  136  child to any public school that has not reached capacity in the
  137  district, subject to the maximum class size pursuant to s.
  138  1003.03 and s. 1, Art. IX of the State Constitution. The school
  139  district shall accept the student, pursuant to that school
  140  district’s controlled open enrollment participation process, and
  141  report the student for purposes of the school district’s funding
  142  pursuant to the Florida Education Finance Program. A school
  143  district may provide transportation to students described under
  144  this subsection at the district school board’s discretion.
  145         (b) Each charter school governing board shall allow a
  146  parent whose child is not subject to a current expulsion or
  147  suspension order to enroll his or her child in and transport his
  148  or her child to the charter school if the school has not reached
  149  capacity, subject to the maximum class size pursuant to s.
  150  1003.03 and s. 1, Art. IX of the State Constitution, and the
  151  enrollment limitations pursuant to s. 1002.33(10)(e)1., 2., 5.,
  152  6., and 7. A charter school may provide transportation to
  153  students described under this subsection at the discretion of
  154  the charter school’s governing board.
  155         (c) For purposes of continuity of educational choice, a
  156  student who transfers pursuant to paragraph (a) or paragraph (b)
  157  may remain at the school chosen by the parent until the student
  158  completes the highest grade level at the school may offer
  159  controlled open enrollment within the public schools which is in
  160  addition to the existing choice programs such as virtual
  161  instruction programs, magnet schools, alternative schools,
  162  special programs, advanced placement, and dual enrollment.
  163         (3) Each district school board offering controlled open
  164  enrollment shall adopt by rule and post on its website the
  165  process required to participate in controlled open enrollment.
  166  The process a controlled open enrollment plan which must:
  167         (a) Adhere to federal desegregation requirements.
  168         (b) Allow Include an application process required to
  169  participate in controlled open enrollment that allows parents to
  170  declare school preferences, including placement of siblings
  171  within the same school.
  172         (c) Provide a lottery procedure to determine student
  173  assignment and establish an appeals process for hardship cases.
  174         (d) Afford parents of students in multiple session schools
  175  preferred access to controlled open enrollment.
  176         (e) Maintain socioeconomic, demographic, and racial
  177  balance.
  178         (f) Address the availability of transportation.
  179         (g) Maintain existing academic eligibility criteria for
  180  public school choice programs pursuant to s. 1002.20(6)(a).
  181         (h) Identify schools that have not reached capacity, as
  182  determined by the school district. In determining the capacity
  183  of each school, the district school board shall incorporate the
  184  specifications, plans, elements, and commitments contained in
  185  the school district educational facilities plan and the long
  186  term work programs required under s. 1013.35.
  187         (i) Ensure that each district school board adopts a policy
  188  to provide preferential treatment to all of the following:
  189         1. Dependent children of active duty military personnel
  190  whose move resulted from military orders.
  191         2. Children who have been relocated due to a foster care
  192  placement in a different school zone.
  193         3. Children who move due to a change in custody due to
  194  separation, divorce, the serious illness of a custodial parent,
  195  the death of a parent, or a court order.
  196         4. Students residing in the school district.
  197         (4) In accordance with the reporting requirements of s.
  198  1011.62, each district school board shall annually report the
  199  number of students exercising public school choice, by type
  200  attending the various types of public schools of choice in the
  201  district, in accordance with including schools such as virtual
  202  instruction programs, magnet schools, and public charter
  203  schools, according to rules adopted by the State Board of
  204  Education.
  205         (5) For a school or program that is a public school of
  206  choice under this section, the calculation for compliance with
  207  maximum class size pursuant to s. 1003.03 is the average number
  208  of students at the school level.
  209         (6) A school district may not delay eligibility or
  210  otherwise prevent a student participating in controlled open
  211  enrollment or a choice program from being immediately eligible
  212  to participate in interscholastic and intrascholastic
  213  extracurricular activities.
  214         Section 3. Subsection (3) and paragraph (a) of subsection
  215  (8) of section 1006.15, Florida Statutes, are amended, and
  216  subsection (9) is added to that section, to read:
  217         1006.15 Student standards for participation in
  218  interscholastic and intrascholastic extracurricular student
  219  activities; regulation.—
  220         (3)(a) As used in this section and s. 1006.20, the term
  221  “eligible to participate” includes, but is not limited to, a
  222  student participating in tryouts, off-season conditioning,
  223  summer workouts, preseason conditioning, in-season practice, or
  224  contests. The term does not mean that a student must be placed
  225  on any specific team for interscholastic or intrascholastic
  226  extracurricular activities. To be eligible to participate in
  227  interscholastic extracurricular student activities, a student
  228  must:
  229         1. Maintain a grade point average of 2.0 or above on a 4.0
  230  scale, or its equivalent, in the previous semester or a
  231  cumulative grade point average of 2.0 or above on a 4.0 scale,
  232  or its equivalent, in the courses required by s. 1002.3105(5) or
  233  s. 1003.4282.
  234         2. Execute and fulfill the requirements of an academic
  235  performance contract between the student, the district school
  236  board, the appropriate governing association, and the student’s
  237  parents, if the student’s cumulative grade point average falls
  238  below 2.0, or its equivalent, on a 4.0 scale in the courses
  239  required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
  240  contract must require that the student attend summer school, or
  241  its graded equivalent, between grades 9 and 10 or grades 10 and
  242  11, as necessary.
  243         3. Have a cumulative grade point average of 2.0 or above on
  244  a 4.0 scale, or its equivalent, in the courses required by s.
  245  1002.3105(5) or s. 1003.4282 during his or her junior or senior
  246  year.
  247         4. Maintain satisfactory conduct, including adherence to
  248  appropriate dress and other codes of student conduct policies
  249  described in s. 1006.07(2). If a student is convicted of, or is
  250  found to have committed, a felony or a delinquent act that would
  251  have been a felony if committed by an adult, regardless of
  252  whether adjudication is withheld, the student’s participation in
  253  interscholastic extracurricular activities is contingent upon
  254  established and published district school board policy.
  255         (b) Any student who is exempt from attending a full school
  256  day based on rules adopted by the district school board for
  257  double session schools or programs, experimental schools, or
  258  schools operating under emergency conditions must maintain the
  259  grade point average required by this section and pass each class
  260  for which he or she is enrolled.
  261         (c) An individual home education student is eligible to
  262  participate at the public school to which the student would be
  263  assigned according to district school board attendance area
  264  policies or which the student could choose to attend pursuant to
  265  district or interdistrict controlled open enrollment provisions,
  266  or may develop an agreement to participate at a private school,
  267  in the interscholastic extracurricular activities of that
  268  school, provided the following conditions are met:
  269         1. The home education student must meet the requirements of
  270  the home education program pursuant to s. 1002.41.
  271         2. During the period of participation at a school, the home
  272  education student must demonstrate educational progress as
  273  required in paragraph (b) in all subjects taken in the home
  274  education program by a method of evaluation agreed upon by the
  275  parent and the school principal which may include: review of the
  276  student’s work by a certified teacher chosen by the parent;
  277  grades earned through correspondence; grades earned in courses
  278  taken at a Florida College System institution, university, or
  279  trade school; standardized test scores above the 35th
  280  percentile; or any other method designated in s. 1002.41.
  281         3. The home education student must meet the same residency
  282  requirements as other students in the school at which he or she
  283  participates.
  284         4. The home education student must meet the same standards
  285  of acceptance, behavior, and performance as required of other
  286  students in extracurricular activities.
  287         5. The student must register with the school his or her
  288  intent to participate in interscholastic extracurricular
  289  activities as a representative of the school before the
  290  beginning date of the season for the activity in which he or she
  291  wishes to participate. A home education student must be able to
  292  participate in curricular activities if that is a requirement
  293  for an extracurricular activity.
  294         6. A student who transfers from a home education program to
  295  a public school before or during the first grading period of the
  296  school year is academically eligible to participate in
  297  interscholastic extracurricular activities during the first
  298  grading period provided the student has a successful evaluation
  299  from the previous school year, pursuant to subparagraph 2.
  300         7. Any public school or private school student who has been
  301  unable to maintain academic eligibility for participation in
  302  interscholastic extracurricular activities is ineligible to
  303  participate in such activities as a home education student until
  304  the student has successfully completed one grading period in
  305  home education pursuant to subparagraph 2. to become eligible to
  306  participate as a home education student.
  307         (d) An individual charter school student pursuant to s.
  308  1002.33 is eligible to participate at the public school to which
  309  the student would be assigned according to district school board
  310  attendance area policies or which the student could choose to
  311  attend, pursuant to district or interdistrict controlled open
  312  enrollment provisions, in any interscholastic extracurricular
  313  activity of that school, unless such activity is provided by the
  314  student’s charter school, if the following conditions are met:
  315         1. The charter school student must meet the requirements of
  316  the charter school education program as determined by the
  317  charter school governing board.
  318         2. During the period of participation at a school, the
  319  charter school student must demonstrate educational progress as
  320  required in paragraph (b).
  321         3. The charter school student must meet the same residency
  322  requirements as other students in the school at which he or she
  323  participates.
  324         4. The charter school student must meet the same standards
  325  of acceptance, behavior, and performance that are required of
  326  other students in extracurricular activities.
  327         5. The charter school student must register with the school
  328  his or her intent to participate in interscholastic
  329  extracurricular activities as a representative of the school
  330  before the beginning date of the season for the activity in
  331  which he or she wishes to participate. A charter school student
  332  must be able to participate in curricular activities if that is
  333  a requirement for an extracurricular activity.
  334         6. A student who transfers from a charter school program to
  335  a traditional public school before or during the first grading
  336  period of the school year is academically eligible to
  337  participate in interscholastic extracurricular activities during
  338  the first grading period if the student has a successful
  339  evaluation from the previous school year, pursuant to
  340  subparagraph 2.
  341         7. Any public school or private school student who has been
  342  unable to maintain academic eligibility for participation in
  343  interscholastic extracurricular activities is ineligible to
  344  participate in such activities as a charter school student until
  345  the student has successfully completed one grading period in a
  346  charter school pursuant to subparagraph 2. to become eligible to
  347  participate as a charter school student.
  348         (e) A student of the Florida Virtual School full-time
  349  program may participate in any interscholastic extracurricular
  350  activity at the public school to which the student would be
  351  assigned according to district school board attendance area
  352  policies or which the student could choose to attend, pursuant
  353  to district or interdistrict controlled open enrollment
  354  policies, if the student:
  355         1. During the period of participation in the
  356  interscholastic extracurricular activity, meets the requirements
  357  in paragraph (a).
  358         2. Meets any additional requirements as determined by the
  359  board of trustees of the Florida Virtual School.
  360         3. Meets the same residency requirements as other students
  361  in the school at which he or she participates.
  362         4. Meets the same standards of acceptance, behavior, and
  363  performance that are required of other students in
  364  extracurricular activities.
  365         5. Registers his or her intent to participate in
  366  interscholastic extracurricular activities with the school
  367  before the beginning date of the season for the activity in
  368  which he or she wishes to participate. A Florida Virtual School
  369  student must be able to participate in curricular activities if
  370  that is a requirement for an extracurricular activity.
  371         (f) A student who transfers from the Florida Virtual School
  372  full-time program to a traditional public school before or
  373  during the first grading period of the school year is
  374  academically eligible to participate in interscholastic
  375  extracurricular activities during the first grading period if
  376  the student has a successful evaluation from the previous school
  377  year pursuant to paragraph (a).
  378         (g) A public school or private school student who has been
  379  unable to maintain academic eligibility for participation in
  380  interscholastic extracurricular activities is ineligible to
  381  participate in such activities as a Florida Virtual School
  382  student until the student successfully completes one grading
  383  period in the Florida Virtual School pursuant to paragraph (a).
  384         (h) A school district may not delay eligibility or
  385  otherwise prevent a student participating in controlled open
  386  enrollment, or a choice program, from being immediately eligible
  387  to participate in interscholastic and intrascholastic
  388  extracurricular activities.
  389         (8)(a) The Florida High School Athletic Association
  390  (FHSAA), in cooperation with each district school board, shall
  391  facilitate a program in which a middle school or high school
  392  student who attends a private school shall be eligible to
  393  participate in an interscholastic or intrascholastic sport at a
  394  public high school, a public middle school, or a 6-12 public
  395  school that is zoned for the physical address at which the
  396  student resides if:
  397         1. The private school in which the student is enrolled is
  398  not a member of the FHSAA and does not offer an interscholastic
  399  or intrascholastic athletic program.
  400         2. The private school student meets the guidelines for the
  401  conduct of the program established by the FHSAA’s board of
  402  directors and the district school board. At a minimum, such
  403  guidelines shall provide:
  404         a. A deadline for each sport by which the private school
  405  student’s parents must register with the public school in
  406  writing their intent for their child to participate at that
  407  school in the sport.
  408         b. Requirements for a private school student to
  409  participate, including, but not limited to, meeting the same
  410  standards of eligibility, acceptance, behavior, educational
  411  progress, and performance which apply to other students
  412  participating in interscholastic or intrascholastic sports at a
  413  public school or FHSAA member private school.
  414         (9) A student who transfers to a school during the school
  415  year may seek to immediately join an existing team if the roster
  416  for the specific interscholastic or intrascholastic
  417  extracurricular activity has not reached the activity’s
  418  identified maximum size and if the coach for the activity
  419  determines that the student has the requisite skill and ability
  420  to participate. The FHSAA and school district may not declare
  421  such a student ineligible because the student did not have the
  422  opportunity to comply with qualifying requirements.
  423         Section 4. Subsection (1) and paragraphs (a), (b), (c), and
  424  (g) of subsection (2) of section 1006.20, Florida Statutes, are
  425  amended to read:
  426         1006.20 Athletics in public K-12 schools.—
  427         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
  428  School Athletic Association (FHSAA) is designated as the
  429  governing nonprofit organization of athletics in Florida public
  430  schools. If the FHSAA fails to meet the provisions of this
  431  section, the commissioner shall designate a nonprofit
  432  organization to govern athletics with the approval of the State
  433  Board of Education. The FHSAA is not a state agency as defined
  434  in s. 120.52. The FHSAA shall be subject to the provisions of s.
  435  1006.19. A private school that wishes to engage in high school
  436  athletic competition with a public high school may become a
  437  member of the FHSAA. Any high school in the state, including
  438  charter schools, virtual schools, and home education
  439  cooperatives, may become a member of the FHSAA and participate
  440  in the activities of the FHSAA. However, membership in the FHSAA
  441  is not mandatory for any school. The FHSAA must allow a private
  442  school the option of maintaining full membership in the
  443  association or joining by sport and may not discourage a private
  444  school from simultaneously maintaining membership in another
  445  athletic association. The FHSAA may allow a public school the
  446  option to apply for consideration to join another athletic
  447  association. The FHSAA may not deny or discourage
  448  interscholastic competition between its member schools and non
  449  FHSAA member Florida schools, including members of another
  450  athletic governing organization, and may not take any
  451  retributory or discriminatory action against any of its member
  452  schools that participate in interscholastic competition with
  453  non-FHSAA member Florida schools. The FHSAA may not unreasonably
  454  withhold its approval of an application to become an affiliate
  455  member of the National Federation of State High School
  456  Associations submitted by any other organization that governs
  457  interscholastic athletic competition in this state. The bylaws
  458  of the FHSAA are the rules by which high school athletic
  459  programs in its member schools, and the students who participate
  460  in them, are governed, unless otherwise specifically provided by
  461  statute. For the purposes of this section, “high school”
  462  includes grades 6 through 12.
  463         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
  464         (a) The FHSAA shall adopt bylaws that, unless specifically
  465  provided by statute, establish eligibility requirements for all
  466  students who participate in high school athletic competition in
  467  its member schools. The bylaws governing residence and transfer
  468  shall allow the student to be immediately eligible in the school
  469  in which he or she first enrolls each school year or the school
  470  in which the student makes himself or herself a candidate for an
  471  athletic team by engaging in a practice prior to enrolling in
  472  the school. The bylaws shall also allow the student to be
  473  immediately eligible in the school to which the student has
  474  transferred during the school year if the transfer is made by a
  475  deadline established by the FHSAA, which may not be prior to the
  476  date authorized for the beginning of practice for the sport.
  477  These transfers shall be allowed pursuant to the district school
  478  board policies in the case of transfer to a public school or
  479  pursuant to the private school policies in the case of transfer
  480  to a private school. The student shall be eligible in that
  481  school so long as he or she remains enrolled in that school.
  482  Subsequent eligibility shall be determined and enforced through
  483  the FHSAA’s bylaws. Requirements governing eligibility and
  484  transfer between member schools shall be applied similarly to
  485  public school students and private school students.
  486         (b) The FHSAA shall adopt bylaws that specifically prohibit
  487  the recruiting of students for athletic purposes. The bylaws
  488  shall prescribe penalties and an appeals process for athletic
  489  recruiting violations.
  490         1. If it is determined that a school has recruited a
  491  student in violation of FHSAA bylaws, the FHSAA may require the
  492  school to participate in a higher classification for the sport
  493  in which the recruited student competes for a minimum of one
  494  classification cycle, in addition to the penalties in
  495  subparagraphs 2. and 3., and any other appropriate fine or and
  496  sanction imposed on the school, its coaches, or adult
  497  representatives who violate recruiting rules.
  498         2. Any recruitment by a school district employee or
  499  contractor in violation of FHSAA bylaws results in escalating
  500  punishments as follows:
  501         a. For a first offense, a $5,000 forfeiture of pay for the
  502  school district employee or contractor who committed the
  503  violation.
  504         b. For a second offense, suspension without pay for 12
  505  months from coaching, directing, or advertising an
  506  extracurricular activity and a $5,000 forfeiture of pay for the
  507  school district employee or contractor who committed the
  508  violation.
  509         c. For a third offense, a $5,000 forfeiture of pay for the
  510  school district employee or contractor who committed the
  511  violation. If the individual who committed the violation holds
  512  an educator certificate, the FHSAA shall also refer the
  513  violation to the department for review pursuant to s. 1012.796
  514  to determine whether probable cause exists, and, if there is a
  515  finding of probable cause, the commissioner shall file a formal
  516  complaint against the individual. If the complaint is upheld,
  517  the individual’s educator certificate shall be revoked for 3
  518  years, in addition to any penalties available under s. 1012.796.
  519  Additionally, the department shall revoke any adjunct teaching
  520  certificates issued pursuant to s. 1012.57 and all permissions
  521  under ss. 1012.39 and 1012.43, and the educator is ineligible
  522  for such certificates or permissions for a period of time equal
  523  to the period of revocation of his or her state-issued
  524  certificate.
  525         3. Notwithstanding any other provision of law, a school
  526  shall forfeit every competition in which a student participated
  527  who was recruited by an adult who is not a school district
  528  employee or contractor in violation of FHSAA bylaws.
  529         4. A student may not be declared ineligible based on
  530  violation of recruiting rules unless the student or parent has
  531  falsified any enrollment or eligibility document or accepted any
  532  benefit or any promise of benefit if such benefit is not
  533  generally available to the school’s students or family members
  534  or is based in any way on athletic interest, potential, or
  535  performance.
  536         (c) The FHSAA shall adopt bylaws that require all students
  537  participating in interscholastic athletic competition or who are
  538  candidates for an interscholastic athletic team to
  539  satisfactorily pass a medical evaluation each year prior to
  540  participating in interscholastic athletic competition or
  541  engaging in any practice, tryout, workout, or other physical
  542  activity associated with the student’s candidacy for an
  543  interscholastic athletic team. Such medical evaluation may be
  544  administered only by a practitioner licensed under chapter 458,
  545  chapter 459, chapter 460, or s. 464.012, and in good standing
  546  with the practitioner’s regulatory board. The bylaws shall
  547  establish requirements for eliciting a student’s medical history
  548  and performing the medical evaluation required under this
  549  paragraph, which shall include a physical assessment of the
  550  student’s physical capabilities to participate in
  551  interscholastic athletic competition as contained in a uniform
  552  preparticipation physical evaluation and history form. The
  553  evaluation form shall incorporate the recommendations of the
  554  American Heart Association for participation cardiovascular
  555  screening and shall provide a place for the signature of the
  556  practitioner performing the evaluation with an attestation that
  557  each examination procedure listed on the form was performed by
  558  the practitioner or by someone under the direct supervision of
  559  the practitioner. The form shall also contain a place for the
  560  practitioner to indicate if a referral to another practitioner
  561  was made in lieu of completion of a certain examination
  562  procedure. The form shall provide a place for the practitioner
  563  to whom the student was referred to complete the remaining
  564  sections and attest to that portion of the examination. The
  565  preparticipation physical evaluation form shall advise students
  566  to complete a cardiovascular assessment and shall include
  567  information concerning alternative cardiovascular evaluation and
  568  diagnostic tests. Results of such medical evaluation must be
  569  provided to the school. A student is not No student shall be
  570  eligible to participate, as provided in s. 1006.15(3), in any
  571  interscholastic athletic competition or engage in any practice,
  572  tryout, workout, or other physical activity associated with the
  573  student’s candidacy for an interscholastic athletic team until
  574  the results of the medical evaluation have been received and
  575  approved by the school.
  576         (g) The FHSAA shall adopt bylaws establishing the process
  577  and standards by which FHSAA determinations of eligibility are
  578  made. Such bylaws shall provide that:
  579         1. Ineligibility must be established by a preponderance of
  580  the clear and convincing evidence;
  581         2. Student athletes, parents, and schools must have notice
  582  of the initiation of any investigation or other inquiry into
  583  eligibility and may present, to the investigator and to the
  584  individual making the eligibility determination, any information
  585  or evidence that is credible, persuasive, and of a kind
  586  reasonably prudent persons rely upon in the conduct of serious
  587  affairs;
  588         3. An investigator may not determine matters of eligibility
  589  but must submit information and evidence to the executive
  590  director or a person designated by the executive director or by
  591  the board of directors for an unbiased and objective
  592  determination of eligibility; and
  593         4. A determination of ineligibility must be made in
  594  writing, setting forth the findings of fact and specific
  595  violation upon which the decision is based.
  596         Section 5. Paragraph (o) is added to subsection (1) of
  597  section 1012.795, Florida Statutes, and subsection (5) of that
  598  section is amended, to read:
  599         1012.795 Education Practices Commission; authority to
  600  discipline.—
  601         (1) The Education Practices Commission may suspend the
  602  educator certificate of any person as defined in s. 1012.01(2)
  603  or (3) for up to 5 years, thereby denying that person the right
  604  to teach or otherwise be employed by a district school board or
  605  public school in any capacity requiring direct contact with
  606  students for that period of time, after which the holder may
  607  return to teaching as provided in subsection (4); may revoke the
  608  educator certificate of any person, thereby denying that person
  609  the right to teach or otherwise be employed by a district school
  610  board or public school in any capacity requiring direct contact
  611  with students for up to 10 years, with reinstatement subject to
  612  the provisions of subsection (4); may revoke permanently the
  613  educator certificate of any person thereby denying that person
  614  the right to teach or otherwise be employed by a district school
  615  board or public school in any capacity requiring direct contact
  616  with students; may suspend the educator certificate, upon an
  617  order of the court or notice by the Department of Revenue
  618  relating to the payment of child support; or may impose any
  619  other penalty provided by law, if the person:
  620         (o) Has committed a third recruiting offense as determined
  621  by the Florida High School Athletic Association (FHSAA) pursuant
  622  to s. 1006.20(2)(b).
  623         (5) Each district school superintendent and the governing
  624  authority of each university lab school, state-supported school,
  625  or private school, and the FHSAA shall report to the department
  626  the name of any person certified pursuant to this chapter or
  627  employed and qualified pursuant to s. 1012.39:
  628         (a) Who has been convicted of, or who has pled nolo
  629  contendere to, a misdemeanor, felony, or any other criminal
  630  charge, other than a minor traffic infraction;
  631         (b) Who that official has reason to believe has committed
  632  or is found to have committed any act which would be a ground
  633  for revocation or suspension under subsection (1); or
  634         (c) Who has been dismissed or severed from employment
  635  because of conduct involving any immoral, unnatural, or
  636  lascivious act.
  637         Section 6. Subsections (3) and (7) of section 1012.796,
  638  Florida Statutes, are amended to read:
  639         1012.796 Complaints against teachers and administrators;
  640  procedure; penalties.—
  641         (3) The department staff shall advise the commissioner
  642  concerning the findings of the investigation and of all
  643  referrals by the Florida High School Athletic Association
  644  (FHSAA) pursuant to ss. 1006.20(2)(b) and 1012.795. The
  645  department general counsel or members of that staff shall review
  646  the investigation or the referral and advise the commissioner
  647  concerning probable cause or lack thereof. The determination of
  648  probable cause shall be made by the commissioner. The
  649  commissioner shall provide an opportunity for a conference, if
  650  requested, prior to determining probable cause. The commissioner
  651  may enter into deferred prosecution agreements in lieu of
  652  finding probable cause if, in his or her judgment, such
  653  agreements are in the best interests of the department, the
  654  certificateholder, and the public. Such deferred prosecution
  655  agreements shall become effective when filed with the clerk of
  656  the Education Practices Commission. However, a deferred
  657  prosecution agreement shall not be entered into if there is
  658  probable cause to believe that a felony or an act of moral
  659  turpitude, as defined by rule of the State Board of Education,
  660  has occurred, or for referrals by the FHSAA. Upon finding no
  661  probable cause, the commissioner shall dismiss the complaint.
  662         (7) A panel of the commission shall enter a final order
  663  either dismissing the complaint or imposing one or more of the
  664  following penalties:
  665         (a) Denial of an application for a teaching certificate or
  666  for an administrative or supervisory endorsement on a teaching
  667  certificate. The denial may provide that the applicant may not
  668  reapply for certification, and that the department may refuse to
  669  consider that applicant’s application, for a specified period of
  670  time or permanently.
  671         (b) Revocation or suspension of a certificate.
  672         (c) Imposition of an administrative fine not to exceed
  673  $2,000 for each count or separate offense.
  674         (d) Placement of the teacher, administrator, or supervisor
  675  on probation for a period of time and subject to such conditions
  676  as the commission may specify, including requiring the certified
  677  teacher, administrator, or supervisor to complete additional
  678  appropriate college courses or work with another certified
  679  educator, with the administrative costs of monitoring the
  680  probation assessed to the educator placed on probation. An
  681  educator who has been placed on probation shall, at a minimum:
  682         1. Immediately notify the investigative office in the
  683  Department of Education upon employment or termination of
  684  employment in the state in any public or private position
  685  requiring a Florida educator’s certificate.
  686         2. Have his or her immediate supervisor submit annual
  687  performance reports to the investigative office in the
  688  Department of Education.
  689         3. Pay to the commission within the first 6 months of each
  690  probation year the administrative costs of monitoring probation
  691  assessed to the educator.
  692         4. Violate no law and shall fully comply with all district
  693  school board policies, school rules, and State Board of
  694  Education rules.
  695         5. Satisfactorily perform his or her assigned duties in a
  696  competent, professional manner.
  697         6. Bear all costs of complying with the terms of a final
  698  order entered by the commission.
  699         (e) Restriction of the authorized scope of practice of the
  700  teacher, administrator, or supervisor.
  701         (f) Reprimand of the teacher, administrator, or supervisor
  702  in writing, with a copy to be placed in the certification file
  703  of such person.
  704         (g) Imposition of an administrative sanction, upon a person
  705  whose teaching certificate has expired, for an act or acts
  706  committed while that person possessed a teaching certificate or
  707  an expired certificate subject to late renewal, which sanction
  708  bars that person from applying for a new certificate for a
  709  period of 10 years or less, or permanently.
  710         (h) Refer the teacher, administrator, or supervisor to the
  711  recovery network program provided in s. 1012.798 under such
  712  terms and conditions as the commission may specify.
  713  
  714  The penalties imposed under this subsection are in addition to,
  715  and not in lieu of, the penalties required for a third
  716  recruiting offense pursuant to s. 1006.20(2)(b).
  717         Section 7. This act shall take effect July 1, 2016.