HB 1619

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 district school boards; amending s.
7	1001.43, F.S., relating to district school board powers
8	and duties; allowing students to wear sun-protective items
9	while outdoors during school hours; amending s. 1003.02,
10	F.S.; authorizing district school boards to select vendors
11	to market student class rings; providing criteria for
12	selection of such vendors; requiring district school
13	boards to notify students and parents that the purchase of
14	a class ring may be through any vendor marketing class
15	rings and that a student may participate in related
16	ceremonies or activities regardless of the vendor through
17	which the purchase was made; authorizing district school
18	boards to contract with photographers for the purpose of
19	taking student yearbook photographs and providing
20	requirements; permitting the inclusion of certain
21	photographs in student yearbooks; amending s. 1006.22,
22	F.S.; revising provisions for district school board
23	transportation of students in vehicles other than school
24	buses; authorizing use of such vehicles for mid-day trips
25	and other trips to and from certain sites and activities;
26	revising criteria for such vehicles and their use;
27	requiring district school boards and charter schools to
28	adopt a policy that addresses procedures and liability for
29	trips using vehicles other than school buses; providing an
30	effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (b) of subsection (1) of section
35	1001.43, Florida Statutes, is amended to read:
36	1001.43  Supplemental powers and duties of district school
37	board.--The district school board may exercise the following
38	supplemental powers and duties as authorized by this code or
39	State Board of Education rule.
40	(1)  STUDENT MANAGEMENT.--The district school board may
41	adopt programs and policies to ensure the safety and welfare of
42	individuals, the student body, and school personnel, which
43	programs and policies may:
44	(b)  Require uniforms to be worn by the student body, or
45	impose other dress-related requirements, if the district school
46	board finds that those requirements are necessary for the safety
47	or welfare of the student body or school personnel. However,
48	students may wear sunglasses, hats, or other sun-protective wear
49	while outdoors during school hours, such as when students are at
50	recess.
51	Section 2.  Subsections (5) and (6) are added to section
52	1003.02, Florida Statutes, to read:
53	1003.02  District school board operation and control of
54	public K-12 education within the school district.--As provided
55	in part II of chapter 1001, district school boards are
56	constitutionally and statutorily charged with the operation and
57	control of public K-12 education within their school district.
58	The district school boards must establish, organize, and operate
59	their public K-12 schools and educational programs, employees,
60	and facilities. Their responsibilities include staff
61	development, public K-12 school student education including
62	education for exceptional students and students in juvenile
63	justice programs, special programs, adult education programs,
64	and career education programs. Additionally, district school
65	boards must:
66	(5)(a)  If selecting a vendor to market class rings to
67	students, select at least two vendors. Vendors selected by the
68	district school board must not intimidate students with respect
69	to the purchase of class rings or discriminate against a student
70	who purchases a class ring from another vendor by excluding the
71	student from participating in any ceremony or activity relating
72	to the receipt of a class ring.
73	(b)  Notify in writing each student and his or her parent
74	that the student may purchase his or her class ring through any
75	vendor regardless of the fact that the district school board may
76	contract with vendors for marketing class rings. The
77	notification must include an explanation of the right of each
78	student purchasing a class ring to participate in any ceremony
79	or activity relating to the receipt of a class ring.
80	(6)  If entering into a contract with a photographer for
81	the purpose of taking student yearbook photographs, select at
82	least two photographers. A student's senior photograph must be
83	allowed to appear in the yearbook when taken by a photographer
84	not under contract with the district school board if the
85	photograph meets the reasonable specifications of the principal
86	and yearbook staff for senior photographs.
87	Section 3.  Subsection (1) of section 1006.22, Florida
88	Statutes, is amended to read:
89	1006.22  Safety and health of students being
90	transported.--Maximum regard for safety and adequate protection
91	of health are primary requirements that must be observed by
92	district school boards in routing buses, appointing drivers, and
93	providing and operating equipment, in accordance with all
94	requirements of law and rules of the State Board of Education in
95	providing transportation pursuant to s. 1006.21:
96	(1)(a)  District school boards shall use school buses, as
97	defined in s. 1006.25, for all regular transportation. Regular
98	transportation or regular use means transportation of students
99	to and from school or school-related activities that are part of
100	a scheduled series or sequence of events to the same location.
101	"Students" means, for the purposes of this section, students
102	enrolled in the public schools in prekindergarten disability
103	programs and in kindergarten through grade 12. District school
104	boards may regularly use motor vehicles other than school buses
105	only under the following conditions:
106	1.(a)  When the transportation is for physically
107	handicapped or isolated students and the district school board
108	has elected to provide for the transportation of the student
109	through written or oral contracts or agreements.
110	2.(b)  When the transportation is a part of a comprehensive
111	contract for a specialized educational program between a
112	district school board and a service provider who provides
113	instruction, transportation, and other services.
114	3.(c)  When the transportation is provided through a public
115	transit system.
116	4.(d)  When the transportation is for mid-day trips to and
117	from school sites or agricultural education sites or for trips
118	to and from agricultural education-related events or
119	competitions. When the transportation of students is necessary
120	or practical in a motor vehicle owned or operated by a district
121	school board other than a school bus, such transportation must
122	be provided in designated seating positions in a passenger car
123	not to exceed 8 students or in a multipurpose passenger vehicle
124	designed to transport 10 or fewer persons which meets all
125	applicable federal motor vehicle safety standards. Multipurpose
126	passenger vehicles classified as utility vehicles with a
127	wheelbase of 110 inches or less which are required by federal
128	motor vehicle standards to display a rollover warning label may
129	not be used.
130
131	When students are transported in motor vehicles, the occupant
132	crash protection system provided by the vehicle manufacturer
133	must be used unless the student's physical condition prohibits
134	such use.
135	(b)  When the transportation of students is provided, as
136	authorized in this subsection, in a vehicle other than a school
137	bus that is owned, operated, rented, contracted, or leased by a
138	school district or charter school, the following provisions
139	shall apply:
140	1.  The vehicle must be a passenger car or multipurpose
141	passenger vehicle or truck, as defined in Title 49 C.F.R. part
142	571, designed to transport fewer than 10 students. Students must
143	be transported in designated seating positions and must use the
144	occupant crash protection system provided by the manufacturer
145	unless the student's physical condition prohibits such use.
146	2.  An authorized vehicle may not be driven by a student on
147	a public right-of-way. An authorized vehicle may be driven by a
148	student on school or private property as part of the student's
149	educational curriculum if no other student is in the vehicle.
150	3.  The driver of an authorized vehicle transporting
151	students must maintain a valid driver's license and must comply
152	with the requirements of the school district's locally adopted
153	safe driver plan, which includes review of driving records for
154	disqualifying violations.
155	4.  The district school board or charter school must adopt
156	a policy that addresses procedures and liability for trips under
157	this paragraph, including a provision that school buses are to
158	be used whenever practical and specifying consequences for
159	violation of the policy.
160	Section 4.  This act shall take effect July 1, 2006.

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