HB 1619CS

CHAMBER ACTION



1The Education Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to district school boards; amending s.
71001.43, F.S., relating to district school board powers
8and duties; allowing students to wear sun-protective items
9while outdoors during school hours; authorizing use of
10federal funds to purchase food when federal program
11guidelines permit such use; amending s. 1003.02, F.S.;
12authorizing district school boards to select vendors to
13market student class rings; providing criteria for
14selection of such vendors; requiring district school
15boards to notify students and parents that the purchase of
16a class ring may be through any vendor marketing class
17rings and that a student may participate in related
18ceremonies or activities regardless of the vendor through
19which the purchase was made; authorizing district school
20boards to contract with photographers for the purpose of
21taking student yearbook photographs and providing
22requirements; permitting the inclusion of certain
23photographs in student yearbooks; amending s. 1006.22,
24F.S.; revising provisions for district school board
25transportation of students in vehicles other than school
26buses; authorizing use of such vehicles for trips to and
27from certain sites and activities; revising criteria for
28such vehicles and their use; requiring district school
29boards and charter schools to adopt a policy that
30addresses procedures and liability for trips using
31vehicles other than school buses; amending ss. 1013.501
32and 1013.502, F.S.; redesignating the Florida Business and
33Education in School Together (Florida BEST) Program as A
34Business-Community School (ABC'S) Program; providing an
35effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  Paragraph (b) of subsection (1) of section
401001.43, Florida Statutes, is amended, and paragraph (g) is
41added to subsection (2) of that section, to read:
42     1001.43  Supplemental powers and duties of district school
43board.--The district school board may exercise the following
44supplemental powers and duties as authorized by this code or
45State Board of Education rule.
46     (1)  STUDENT MANAGEMENT.--The district school board may
47adopt programs and policies to ensure the safety and welfare of
48individuals, the student body, and school personnel, which
49programs and policies may:
50     (b)  Require uniforms to be worn by the student body, or
51impose other dress-related requirements, if the district school
52board finds that those requirements are necessary for the safety
53or welfare of the student body or school personnel. However,
54students may wear sunglasses, hats, or other sun-protective wear
55while outdoors during school hours, such as when students are at
56recess.
57     (2)  FISCAL MANAGEMENT.--The district school board may
58adopt policies providing for fiscal management of the school
59district with respect to school purchasing, facilities, nonstate
60revenue sources, budgeting, fundraising, and other activities
61relating to the fiscal management of district resources,
62including, but not limited to, the policies governing:
63     (g)  Use of federal funds to purchase food when federal
64program guidelines permit such use.
65     Section 2.  Subsections (5) and (6) are added to section
661003.02, Florida Statutes, to read:
67     1003.02  District school board operation and control of
68public K-12 education within the school district.--As provided
69in part II of chapter 1001, district school boards are
70constitutionally and statutorily charged with the operation and
71control of public K-12 education within their school district.
72The district school boards must establish, organize, and operate
73their public K-12 schools and educational programs, employees,
74and facilities. Their responsibilities include staff
75development, public K-12 school student education including
76education for exceptional students and students in juvenile
77justice programs, special programs, adult education programs,
78and career education programs. Additionally, district school
79boards must:
80     (5)(a)  If selecting a vendor to market class rings to
81students, select at least two vendors. Vendors selected by the
82district school board must not intimidate students with respect
83to the purchase of class rings or discriminate against a student
84who purchases a class ring from another vendor by excluding the
85student from participating in any ceremony or activity relating
86to the receipt of a class ring.
87     (b)  Notify in writing each student and his or her parent
88that the student may purchase his or her class ring through any
89vendor regardless of the fact that the district school board may
90contract with vendors for marketing class rings. The
91notification must include an explanation of the right of each
92student purchasing a class ring to participate in any ceremony
93or activity relating to the receipt of a class ring.
94     (6)  If entering into a contract with a photographer for
95the purpose of taking student yearbook photographs, select at
96least two photographers. A student's senior photograph must be
97allowed to appear in the yearbook when taken by a photographer
98not under contract with the district school board if the
99photograph meets the reasonable specifications of the principal
100and yearbook staff for senior photographs.
101     Section 3.  Subsection (1) of section 1006.22, Florida
102Statutes, is amended to read:
103     1006.22  Safety and health of students being
104transported.--Maximum regard for safety and adequate protection
105of health are primary requirements that must be observed by
106district school boards in routing buses, appointing drivers, and
107providing and operating equipment, in accordance with all
108requirements of law and rules of the State Board of Education in
109providing transportation pursuant to s. 1006.21:
110     (1)(a)  District school boards shall use school buses, as
111defined in s. 1006.25, for all regular transportation. Regular
112transportation or regular use means transportation of students
113to and from school or school-related activities that are part of
114a scheduled series or sequence of events to the same location.
115"Students" means, for the purposes of this section, students
116enrolled in the public schools in prekindergarten disability
117programs and in kindergarten through grade 12. District school
118boards may regularly use motor vehicles other than school buses
119only under the following conditions:
120     1.(a)  When the transportation is for physically
121handicapped or isolated students and the district school board
122has elected to provide for the transportation of the student
123through written or oral contracts or agreements.
124     2.(b)  When the transportation is a part of a comprehensive
125contract for a specialized educational program between a
126district school board and a service provider who provides
127instruction, transportation, and other services.
128     3.(c)  When the transportation is provided through a public
129transit system.
130     4.(d)  When the transportation is for trips to and from
131school sites or agricultural education sites or for trips to and
132from agricultural education-related events or competitions, but
133is not for customary transportation between a student's
134residence and such sites. When the transportation of students is
135necessary or practical in a motor vehicle owned or operated by a
136district school board other than a school bus, such
137transportation must be provided in designated seating positions
138in a passenger car not to exceed 8 students or in a multipurpose
139passenger vehicle designed to transport 10 or fewer persons
140which meets all applicable federal motor vehicle safety
141standards. Multipurpose passenger vehicles classified as utility
142vehicles with a wheelbase of 110 inches or less which are
143required by federal motor vehicle standards to display a
144rollover warning label may not be used.
145
146When students are transported in motor vehicles, the occupant
147crash protection system provided by the vehicle manufacturer
148must be used unless the student's physical condition prohibits
149such use.
150     (b)  When the transportation of students is provided, as
151authorized in this subsection, in a vehicle other than a school
152bus that is owned, operated, rented, contracted, or leased by a
153school district or charter school, the following provisions
154shall apply:
155     1.  The vehicle must be a passenger car or multipurpose
156passenger vehicle or truck, as defined in Title 49 C.F.R. part
157571, designed to transport fewer than 10 students. Students must
158be transported in designated seating positions and must use the
159occupant crash protection system provided by the manufacturer
160unless the student's physical condition prohibits such use.
161     2.  An authorized vehicle may not be driven by a student on
162a public right-of-way. An authorized vehicle may be driven by a
163student on school or private property as part of the student's
164educational curriculum if no other student is in the vehicle.
165     3.  The driver of an authorized vehicle transporting
166students must maintain a valid driver's license and must comply
167with the requirements of the school district's locally adopted
168safe driver plan, which includes review of driving records for
169disqualifying violations.
170     4.  The district school board or charter school must adopt
171a policy that addresses procedures and liability for trips under
172this paragraph, including a provision that school buses are to
173be used whenever practical and specifying consequences for
174violation of the policy.
175     Section 4.  Section 1013.501, Florida Statutes, is amended
176to read:
177     1013.501  A Business-Community School (ABC'S) Florida
178Business and Education in School Together (Florida BEST)
179Program.--
180     (1)  In order to increase business partnerships in
181education, to reduce school and classroom overcrowding
182throughout the state, and to offset the high costs of
183educational facilities construction, the Legislature intends to
184encourage the formation of partnerships between business and
185education by creating A Business-Community School (ABC'S) the
186Florida Business and Education in School Together (Florida BEST)
187Program.
188     (2)  Each school board shall, through advertisements in
189local media and other means, request proposals from area
190businesses to allow the operation of a business and education
191partnership school in facilities owned or operated by the
192business.
193     (3)  Each school district shall establish an ABC'S a
194Florida BEST school evaluation committee.
195     (a)  The committee shall be appointed by the school board
196and be composed of one school district administrator, at least
197one member of the business community, and at least one member of
198a local chamber of commerce.
199     (b)  The committee shall evaluate the feasibility of each
200proposal, including the operating cost, number of students to be
201served, proposed student-to-teacher ratio, proposed number of
202years the satellite school would operate, and any other
203operational or facilities considerations the school board or
204committee deems appropriate.
205     (c)  The committee shall recommend to the school board
206those proposals for satellite schools which the committee deems
207viable and worthy of being established. The school board must
208take official action on the recommendation of the committee
209within 60 days after receipt of the recommendation.
210     (4)  "A Business-Community School (ABC'S) "Florida Business
211and Education in School Together (Florida BEST) school" is
212defined as a public school offering instruction to students from
213kindergarten through third grade. The school may offer
214instruction in any single grade level or for multiple grade
215levels. ABC'S Florida BEST schools shall comply with the
216constitutional class size requirements.
217     (a)  First priority for admission of students to the ABC'S
218Florida BEST school shall be given to the children of owners and
219employees of the host business. If additional student capacity
220remains after those children are admitted, the host business may
221choose which other neighboring businesses may also participate
222to generate a viable number of students for the school. The
223school board shall make the necessary arrangements to
224accommodate students from other school districts whose parents
225are associated with the host business or business partners.
226     (b)  Parents shall be responsible for providing
227transportation to and from school for the students.
228     (5)  A multiyear contract for operation of the ABC'S
229Florida BEST school may be entered into between the school
230district and the host business. The contract must at least
231include provisions relating to any cost of facilities
232modifications, provide for the assignment or waiver of
233appropriate insurance costs, specify the number of students
234expected to be served, provide grounds for canceling the lease,
235and specify the advance notice required before the school may be
236closed.
237     (a)  The school board shall be responsible for providing
238the appropriate instructional, support, and administrative staff
239and textbooks, materials, and supplies. The school district may
240also agree to operate or contract for the operation of a before-
241school and after-school program using the donated facilities.
242     (b)  The host business shall provide the appropriate types
243of space for operating the school. If special facilities, such
244as restrooms or dining, recreational, or other areas are
245required, the district may contribute a part of the cost of the
246construction, remodeling, or renovation for such facilities from
247capital outlay funds of the district. A multiyear lease for
248operation of the facility must be agreed to if the school
249district contributes to the cost of such construction.
250     Section 5.  Section 1013.502, Florida Statutes, is amended
251to read:
252     1013.502  ABC'S Florida BEST school facilities;
253standards.--Notwithstanding any local government ordinance or
254regulation, any business or corporation may expand the square
255footage or floor area of its current or proposed facility to
256accommodate an ABC'S a Florida Business and Education in School
257Together (Florida BEST) school. Facilities constructed to house
258an ABC'S a Florida BEST school must comply with the State
259Uniform Building Code for Public Educational Facilities
260Construction adopted pursuant to s. 1013.37 and must meet state
261and local health, environmental, and safety laws and codes.
262     Section 6.  This act shall take effect July 1, 2006.


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