House Bill 0495c1

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    Florida House of Representatives - 1999              CS/HB 495

        By the Committee on Education/K-12 and Representative Boyd






  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         232.425, F.S., relating to student standards

  4         for participation in interscholastic

  5         extracurricular student activities; providing

  6         that the participation of nonpublic school

  7         students in interscholastic extracurricular

  8         activities at public schools and the

  9         participation of public school students in

10         interscholastic extracurricular activities at

11         nonpublic schools is not mandatory; revising

12         provisions relating to the grade point average

13         required for participation in interscholastic

14         extracurricular student activities; requiring a

15         contract to be executed upon a student's

16         falling below a certain cumulative grade point

17         average; amending s. 232.61, F.S., relating to

18         bylaws relating to student eligibility adopted

19         by the governing organization for athletics;

20         providing an effective date.

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Subsections (2) and (3) of section 232.425,

25  Florida Statutes, 1998 Supplement, are amended to read:

26         232.425  Student standards for participation in

27  interscholastic extracurricular student activities;

28  regulation.--

29         (2)  The Legislature recognizes the importance of

30  interscholastic extracurricular student activities as a

31  complement to the academic curriculum. Participation in a

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    Florida House of Representatives - 1999              CS/HB 495

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  1  comprehensive extracurricular and academic program contributes

  2  to student development of the social and intellectual skills

  3  necessary to become a well-rounded adult.  It is the intent of

  4  the Legislature to provide the mechanism for all students in

  5  Florida to participate in interscholastic extracurricular

  6  activities. However, nothing in the Craig Dickinson Act shall

  7  be interpreted to mean that a public school must allow a

  8  student enrolled in a nonpublic school to participate in

  9  interscholastic extracurricular activities on behalf of the

10  public school, nor shall it be interpreted to mean that a

11  nonpublic school must allow a student enrolled in a public

12  school to participate in extracurricular activities on behalf

13  of the nonpublic school. "Nonpublic," as used in this

14  subsection, does not apply to home education students. As used

15  in this section, the term "extracurricular" means any

16  school-authorized or education-related activity occurring

17  during or outside the regular instructional school day.

18         (3)(a)  To be eligible to participate in

19  interscholastic extracurricular student activities, a student

20  entering the 9th grade during the 1997-1998 school year and

21  thereafter must:

22         1.  Execute and fulfill the requirements of an academic

23  performance contract between the student, the school district,

24  the governing organization for athletics, and the student's

25  parents or guardian, if the student's cumulative grade point

26  average falls below 2.0, or its equivalent, on a 4.0 scale

27  maintain a cumulative grade point average of 2.0 or above on a

28  4.0 scale, or its equivalent, in the courses required by s.

29  232.246(1) or, for. In order to be eligible under this

30  section, students who entered the 9th grade prior to the

31  1997-1998 school year, if the student's must maintain a

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    Florida House of Representatives - 1999              CS/HB 495

    185-710A-99






  1  cumulative grade point average falls below of 2.0 or above on

  2  a 4.0 scale, or its equivalent, in the courses required by s.

  3  232.246(1) that are taken after July 1, 1997, or have an

  4  overall cumulative grade point average of 2.0 or above. At a

  5  minimum, the contract must require that the student attend

  6  summer school or its graded equivalent between grades 9 and 10

  7  and/or grades 10 and 11, as necessary.

  8         2.  Maintain a grade point average of 2.0 or above on a

  9  4.0 scale, or its equivalent, in the previous semester.

10         3.  To be eligible to participate in interscholastic

11  extracurricular activities during his or her junior or senior

12  year, have a cumulative grade point average of 2.0 or above on

13  a 4.0 scale, or its equivalent, in the courses required by s.

14  232.246(1). Eligibility for the first semester of the

15  1997-1998 school year for those students who entered the 9th

16  grade prior to the 1997-1998 school year shall be based on the

17  school board's policy in effect for the 1996-1997 school year.

18  Additionally, a student must

19         4.  Maintain satisfactory conduct and, if a student is

20  convicted of, or is found to have committed, a felony or a

21  delinquent act which would have been a felony if committed by

22  an adult, regardless of whether adjudication is withheld, the

23  student's participation in interscholastic extracurricular

24  activities is contingent upon established and published school

25  board policy.

26         (b)  Any student who is exempt from attending a full

27  school day under s. 228.041(13) must maintain the grade point

28  average required by this section and pass each class for which

29  he or she is enrolled.

30         (c)  An individual home education student is eligible

31  to participate at the a public school to which the student

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    Florida House of Representatives - 1999              CS/HB 495

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  1  would be assigned according to district school attendance area

  2  policies or which the student could choose to attend pursuant

  3  to district or interdistrict controlled open enrollment

  4  provisions, or, and may develop an agreement to participate at

  5  a nonpublic school, in the interscholastic extracurricular

  6  activities of that school, provided the following conditions

  7  are met:

  8         1.  The home education student must meet the

  9  requirements of the home education program pursuant to s.

10  232.0201.

11         2.  During the period of participation at a school, the

12  home education student must demonstrate educational progress

13  as required in paragraph (b) in all subjects taken in the home

14  education program by a method of evaluation agreed upon by the

15  parent or guardian and the principal which may include: review

16  of the student's work by a certified teacher chosen by the

17  parent; grades earned through correspondence; grades earned in

18  courses taken at a community college, university, or trade

19  school; standardized test scores above the 35th percentile; or

20  any other method designated in s. 232.0201.

21         3.  The home education student must meet the same

22  residency requirements as other students in the school at

23  which he or she participates.

24         4.  The home education student must meet the same

25  standards of acceptance, behavior, and performance as required

26  of other students in extracurricular activities.

27         5.  The student must register with the school his or

28  her intent to participate in interscholastic extracurricular

29  activities as a representative of the school before the

30  beginning date of the season for the activity in which he or

31  she wishes to participate. A home education student must be

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    Florida House of Representatives - 1999              CS/HB 495

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  1  able to participate in curricular activities if that is a

  2  requirement for an extracurricular activity.

  3         6.  A student who transfers from a home education

  4  program to a public school before or during the first grading

  5  period of the school year is academically eligible to

  6  participate in interscholastic extracurricular activities

  7  during the first grading period provided the student has a

  8  successful evaluation from the previous school year, pursuant

  9  to subparagraph 2.

10         7.  Any public school or nonpublic school student who

11  has been unable to maintain academic eligibility for

12  participation in interscholastic extracurricular activities is

13  ineligible to participate in such activities as a home

14  education student until the student has successfully completed

15  one grading period in home education pursuant to subparagraph

16  2. to become eligible to participate as a home education

17  student.

18         Section 2.  Section 232.61, Florida Statutes, is

19  amended to read:

20         232.61  Governing organization for athletics; adoption

21  of bylaws.--The organization shall adopt bylaws that, unless

22  specifically provided by statute, establish eligibility

23  requirements for all students who participate in high school

24  athletic competition in its member schools. The bylaws

25  governing residence and transfer shall allow the student to be

26  eligible in the school in which he or she first enrolls each

27  school year, or makes himself or herself a candidate for an

28  athletic team by engaging in a practice prior to enrolling in

29  any member school. The student shall be eligible in that

30  school so long as he or she remains enrolled in that school.

31  Subsequent eligibility shall be determined and enforced

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    Florida House of Representatives - 1999              CS/HB 495

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  1  through the organization's bylaws. Where the student lives,

  2  with whom the student lives, or which school the student

  3  attended the previous year shall not be a factor in

  4  determining eligibility. The organization shall also adopt

  5  bylaws that specifically prohibit the recruiting of students

  6  for athletic purposes. The bylaws shall prescribe penalties

  7  and an appeals process for athletic recruiting violations.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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