| 1 | A bill to be entitled |
| 2 | An act relating to powers and duties of district school |
| 3 | boards; amending s. 1001.43, F.S.; authorizing district |
| 4 | school board programs and policies to require drug testing |
| 5 | of middle and high school students in certain |
| 6 | circumstances; prohibiting district school boards from |
| 7 | using instructional funds to pay for testing; prohibiting |
| 8 | district school boards from excluding students from |
| 9 | extracurricular activities based on inability to pay for |
| 10 | testing; authorizing the State Board of Education to adopt |
| 11 | rules; providing an effective date. |
| 12 |
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| 13 | WHEREAS, the State of Florida considers providing a quality |
| 14 | education to its children the highest of priorities, and |
| 15 | WHEREAS, participation in extracurricular activities is a |
| 16 | key component of school life, is essential for students applying |
| 17 | to college, and is a significant contributor to the breadth and |
| 18 | quality of the educational experience for all participants, and |
| 19 | WHEREAS, extracurricular activities are an integral part of |
| 20 | the educational process, providing personal challenges and |
| 21 | responsibility, skill in competition, teamwork cultivation, and |
| 22 | school pride, and |
| 23 | WHEREAS, the State of Florida has a compelling interest in |
| 24 | ensuring that children are educated and compete in a safe and |
| 25 | healthy environment, and |
| 26 | WHEREAS, the use of illicit drugs, performance enhancing |
| 27 | drugs, and certain prescription drugs is considered a health and |
| 28 | safety threat within Florida's schools, playgrounds, and |
| 29 | athletic fields and forums, and |
| 30 | WHEREAS, studies and pilot projects have found a |
| 31 | significant curtailment of drug use among students who are |
| 32 | subject to drug testing, NOW, THEREFORE, |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. Subsection (1) of section 1001.43, Florida |
| 37 | Statutes, is amended to read: |
| 38 | 1001.43 Supplemental powers and duties of district school |
| 39 | board.--The district school board may exercise the following |
| 40 | supplemental powers and duties as authorized by this code or |
| 41 | State Board of Education rule. |
| 42 | (1) STUDENT MANAGEMENT.--The district school board may |
| 43 | adopt programs and policies to ensure the safety and welfare of |
| 44 | individuals, the student body, and school personnel, which |
| 45 | programs and policies may: |
| 46 | (a) Prohibit the possession of weapons and drugs on |
| 47 | campus, student hazing, and other activities that could threaten |
| 48 | the operation of the school or the safety and welfare of the |
| 49 | student body or school personnel. |
| 50 | (b) Require middle and high school students, as a |
| 51 | condition of participation in any extracurricular activity, to |
| 52 | consent to urinalysis testing for the presence of any controlled |
| 53 | substance listed in s. 893.03 or any quantity of ephedra or |
| 54 | ephedrine, a salt of ephedrine, an optical isomer of ephedrine, |
| 55 | or a salt of any optical isomer of ephedrine. Funds provided by |
| 56 | the state for student instruction shall not be used to pay for |
| 57 | the testing authorized by this paragraph. No student shall be |
| 58 | prevented from participating in any extracurricular activity |
| 59 | because of inability to pay for such testing. The procedures for |
| 60 | implementing this paragraph shall be prescribed by rules of the |
| 61 | State Board of Education pursuant to ss. 120.536(1) and 120.54. |
| 62 | (c)(b) Require uniforms to be worn by the student body, or |
| 63 | impose other dress-related requirements, if the district school |
| 64 | board finds that those requirements are necessary for the safety |
| 65 | or welfare of the student body or school personnel. |
| 66 | (d)(c) Provide procedures for student dismissal |
| 67 | precautions and for granting permission for students to leave |
| 68 | school grounds during school hours, including releasing a |
| 69 | student from school upon request by a parent or for public |
| 70 | appearances of school groups. |
| 71 | (e)(d) Provide procedures for managing protests, |
| 72 | demonstrations, sit-ins, walk-outs, or other acts of civil |
| 73 | disobedience. |
| 74 | (f)(e) Provide procedures for detaining students and for |
| 75 | readmission of students after expulsion. |
| 76 | (g)(f) Regulate student automobile use and parking. |
| 77 | Section 2. This act shall take effect July 1, 2004. |