HB 0149

CS

CHAMBER ACTION

1	The PreK-12 Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to extracurricular student activities;
7	amending s. 1006.15, F.S.; providing that eligibility
8	requirements for participation shall apply to all
9	extracurricular activities rather than to interscholastic
10	activities only; providing that a student shall not be
11	precluded from participation in certain activities;
12	providing certain restrictions with respect to
13	participation; authorizing establishment of a waiver
14	process; amending ss. 1002.33 and 1002.41, F.S.;
15	conforming provisions; requiring the Department of
16	Education to annually report data relating to student
17	participation in extracurricular activities; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 1006.15, Florida Statutes, is amended
23	to read:
24	1006.15  Student standards for participation in
25	interscholastic extracurricular student activities;
26	regulation.--
27	(1)  This section may be cited as the "Craig Dickinson
28	Act."
29	(2)  Interscholastic Extracurricular student activities are
30	an important complement to the academic curriculum.
31	Participation in a comprehensive extracurricular and academic
32	program contributes to student development of the social and
33	intellectual skills necessary to become a well-rounded adult. As
34	used in this section, the term "extracurricular" means any
35	school-authorized or education-related activity, including, but
36	not limited to, interscholastic activities, occurring during or
37	outside the regular instructional school day. For purposes of
38	this section, a student shall not be precluded from receiving
39	tutoring, performing community service, or attending school
40	athletic, social, and academic functions. However, a student who
41	is not eligible, pursuant to this section, to participate in
42	extracurricular activities shall not perform at school functions
43	or travel with a school team, band, club, or other organization
44	to any event where the group is to compete or perform.
45	(3)(a)  To be eligible to participate in interscholastic
46	extracurricular student activities, a student must:
47	1.  Maintain a grade point average of 2.0 or above on a 4.0
48	scale, or its equivalent, in the previous semester or a
49	cumulative grade point average of 2.0 or above on a 4.0 scale,
50	or its equivalent, in the courses required by s. 1003.43(1).
51	2.  Execute and fulfill the requirements of an academic
52	performance contract between the student, the district school
53	board, the appropriate governing association, and the student's
54	parents, if the student's cumulative grade point average falls
55	below 2.0, or its equivalent, on a 4.0 scale in the courses
56	required by s. 1003.43(1) or, for students who entered the 9th
57	grade prior to the 1997-1998 school year, if the student's
58	cumulative grade point average falls below 2.0 on a 4.0 scale,
59	or its equivalent, in the courses required by s. 1003.43(1) that
60	are taken after July 1, 1997. At a minimum, the contract must
61	require that the student attend summer school, or its graded
62	equivalent, between grades 9 and 10 or grades 10 and 11, as
63	necessary.
64	3.  Have a cumulative grade point average of 2.0 or above
65	on a 4.0 scale, or its equivalent, in the courses required by s.
66	1003.43(1) during his or her junior or senior year.
67	4.  Maintain satisfactory conduct and, if a student is
68	convicted of, or is found to have committed, a felony or a
69	delinquent act which would have been a felony if committed by an
70	adult, regardless of whether adjudication is withheld, the
71	student's participation in interscholastic extracurricular
72	activities is contingent upon established and published district
73	school board policy.
74
75	District school boards are encouraged to establish a process to
76	waive the requirements of this paragraph based on extenuating
77	circumstances of an individual student. The State Board of
78	Education shall approve each school district's waiver process
79	prior to implementation.
80	(b)  Any student who is exempt from attending a full school
81	day based on rules adopted by the district school board for
82	double session schools or programs, experimental schools, or
83	schools operating under emergency conditions must maintain the
84	grade point average required by this section and pass each class
85	for which he or she is enrolled. The establishment and approval
86	of the waiver process pursuant to paragraph (a) shall apply to
87	the requirements of this paragraph.
88	(c)  An individual home education student is eligible to
89	participate at the public school to which the student would be
90	assigned according to district school board attendance area
91	policies or which the student could choose to attend pursuant to
92	district or interdistrict controlled open enrollment provisions,
93	or may develop an agreement to participate at a private school,
94	in the interscholastic extracurricular activities of that
95	school, provided the following conditions are met:
96	1.  The home education student must meet the requirements
97	of the home education program pursuant to s. 1002.41.
98	2.  During the period of participation at a school, the
99	home education student must demonstrate educational progress as
100	required in paragraph (b) in all subjects taken in the home
101	education program by a method of evaluation agreed upon by the
102	parent and the school principal which may include: review of the
103	student's work by a certified teacher chosen by the parent;
104	grades earned through correspondence; grades earned in courses
105	taken at a community college, university, or trade school;
106	standardized test scores above the 35th percentile; or any other
107	method designated in s. 1002.41.
108	3.  The home education student must meet the same residency
109	requirements as other students in the school at which he or she
110	participates.
111	4.  The home education student must meet the same standards
112	of acceptance, behavior, and performance as required of other
113	students in extracurricular activities.
114	5.  The student must register with the school his or her
115	intent to participate in interscholastic extracurricular
116	activities as a representative of the school before the
117	beginning date of the season for the activity in which he or she
118	wishes to participate. A home education student must be able to
119	participate in curricular activities if that is a requirement
120	for an extracurricular activity.
121	6.  A student who transfers from a home education program
122	to a public school before or during the first grading period of
123	the school year is academically eligible to participate in
124	interscholastic extracurricular activities during the first
125	grading period provided the student has a successful evaluation
126	from the previous school year, pursuant to subparagraph 2.
127	7.  Any public school or private school student who has
128	been unable to maintain academic eligibility for participation
129	in interscholastic extracurricular activities is ineligible to
130	participate in such activities as a home education student until
131	the student has successfully completed one grading period in
132	home education pursuant to subparagraph 2. to become eligible to
133	participate as a home education student.
134	(d)  An individual charter school student pursuant to s.
135	1002.33 is eligible to participate at the public school to which
136	the student would be assigned according to district school board
137	attendance area policies or which the student could choose to
138	attend, pursuant to district or interdistrict controlled open-
139	enrollment provisions, in any interscholastic extracurricular
140	activity of that school, unless such activity is provided by the
141	student's charter school, if the following conditions are met:
142	1.  The charter school student must meet the requirements
143	of the charter school education program as determined by the
144	charter school governing board.
145	2.  During the period of participation at a school, the
146	charter school student must demonstrate educational progress as
147	required in paragraph (b).
148	3.  The charter school student must meet the same residency
149	requirements as other students in the school at which he or she
150	participates.
151	4.  The charter school student must meet the same standards
152	of acceptance, behavior, and performance that are required of
153	other students in extracurricular activities.
154	5.  The charter school student must register with the
155	school his or her intent to participate in interscholastic
156	extracurricular activities as a representative of the school
157	before the beginning date of the season for the activity in
158	which he or she wishes to participate. A charter school student
159	must be able to participate in curricular activities if that is
160	a requirement for an extracurricular activity.
161	6.  A student who transfers from a charter school program
162	to a traditional public school before or during the first
163	grading period of the school year is academically eligible to
164	participate in interscholastic extracurricular activities during
165	the first grading period if the student has a successful
166	evaluation from the previous school year, pursuant to
167	subparagraph 2.
168	7.  Any public school or private school student who has
169	been unable to maintain academic eligibility for participation
170	in interscholastic extracurricular activities is ineligible to
171	participate in such activities as a charter school student until
172	the student has successfully completed one grading period in a
173	charter school pursuant to subparagraph 2. to become eligible to
174	participate as a charter school student.
175	(4)  The student standards for participation in
176	interscholastic extracurricular activities must be applied
177	beginning with the student's first semester of the 9th grade.
178	Each student must meet such other requirements for participation
179	as may be established by the district school board; however, a
180	district school board may not establish requirements for
181	participation in interscholastic extracurricular activities
182	which make participation in such activities less accessible to
183	home education students than to other students. Except as set
184	forth in paragraph (3)(c), evaluation processes or requirements
185	that are placed on home education student participants may not
186	go beyond those that apply under s. 1002.41 to home education
187	students generally.
188	(5)  Any organization or entity that regulates or governs
189	interscholastic extracurricular activities of public schools:
190	(a)  Shall permit home education associations to join as
191	member schools.
192	(b)  Shall not discriminate against any eligible student
193	based on an educational choice of public, private, or home
194	education.
195	(6)  Public schools are prohibited from membership in any
196	organization or entity which regulates or governs
197	interscholastic extracurricular activities and discriminates
198	against eligible students in public, private, or home education.
199	(7)  Any insurance provided by district school boards for
200	participants in extracurricular activities shall cover the
201	participating home education student. If there is an additional
202	premium for such coverage, the participating home education
203	student shall pay the premium.
204	Section 2.  Subsection (11) of section 1002.33, Florida
205	Statutes, is amended to read:
206	1002.33  Charter schools.--
207	(11)  PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
208	ACTIVITIES.--A charter school student is eligible to participate
209	in an interscholastic extracurricular activity at the public
210	school to which the student would be otherwise assigned to
211	attend pursuant to s. 1006.15(3)(d).
212	Section 3.  Subsection (4) of section 1002.41, Florida
213	Statutes, is amended to read:
214	1002.41  Home education programs.--
215	(4)  Home education students may participate in
216	interscholastic extracurricular student activities in accordance
217	with the provisions of s. 1006.15.
218	Section 4.  The Department of Education shall gather data
219	regarding the number of students who have been precluded from
220	participating in extracurricular activities due to the
221	provisions of s. 1006.15, Florida Statutes, as amended by this
222	act, and their impact on graduation rates and dropout rates.
223	This data shall be reported annually to the Governor, the
224	Speaker of the House of Representatives, and the President of
225	the Senate.
226	Section 5.  This act shall take effect January 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.