| 1 | A bill to be entitled |
| 2 | An act relating to district school boards; amending s. |
| 3 | 1001.43, F.S., relating to district school board powers |
| 4 | and duties; allowing students to wear sun-protective items |
| 5 | while outdoors during school hours; authorizing use of |
| 6 | federal funds to purchase food when federal program |
| 7 | guidelines permit such use; amending s. 1003.02, F.S.; |
| 8 | requiring certain district school boards to request |
| 9 | proposals from at least two class ring vendors annually; |
| 10 | requiring public access to information; providing criteria |
| 11 | for selection of such vendors; requiring that the purchase |
| 12 | of a class ring may be through any vendor marketing class |
| 13 | rings and that a student may participate in related |
| 14 | ceremonies or activities regardless of the vendor through |
| 15 | which the purchase was made; requiring certain district |
| 16 | school boards to request proposals from at least two |
| 17 | photographers annually; requiring public access to |
| 18 | information; allowing student choice of photographer; |
| 19 | permitting the inclusion of certain photographs in student |
| 20 | yearbooks; amending s. 1006.22, F.S.; revising provisions |
| 21 | for district school board transportation of students in |
| 22 | vehicles other than school buses; authorizing use of such |
| 23 | vehicles for trips to and from certain sites and |
| 24 | activities; revising criteria for such vehicles and their |
| 25 | use; requiring district school boards and charter schools |
| 26 | to adopt a policy that addresses procedures and liability |
| 27 | for trips using vehicles other than school buses; amending |
| 28 | ss. 1013.501 and 1013.502, F.S.; redesignating the Florida |
| 29 | Business and Education in School Together (Florida BEST) |
| 30 | Program as A Business-Community School (ABC'S) Program; |
| 31 | providing an effective date. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Paragraph (b) of subsection (1) of section |
| 36 | 1001.43, Florida Statutes, is amended, and paragraph (g) is |
| 37 | added to subsection (2) of that section, 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 | (b) Require uniforms to be worn by the student body, or |
| 47 | impose other dress-related requirements, if the district school |
| 48 | board finds that those requirements are necessary for the safety |
| 49 | or welfare of the student body or school personnel. However, |
| 50 | students may wear sunglasses, hats, or other sun-protective wear |
| 51 | while outdoors during school hours, such as when students are at |
| 52 | recess. |
| 53 | (2) FISCAL MANAGEMENT.--The district school board may |
| 54 | adopt policies providing for fiscal management of the school |
| 55 | district with respect to school purchasing, facilities, nonstate |
| 56 | revenue sources, budgeting, fundraising, and other activities |
| 57 | relating to the fiscal management of district resources, |
| 58 | including, but not limited to, the policies governing: |
| 59 | (g) Use of federal funds to purchase food when federal |
| 60 | program guidelines permit such use. |
| 61 | Section 2. Subsections (5) and (6) are added to section |
| 62 | 1003.02, Florida Statutes, to read: |
| 63 | 1003.02 District school board operation and control of |
| 64 | public K-12 education within the school district.--As provided |
| 65 | in part II of chapter 1001, district school boards are |
| 66 | constitutionally and statutorily charged with the operation and |
| 67 | control of public K-12 education within their school district. |
| 68 | The district school boards must establish, organize, and operate |
| 69 | their public K-12 schools and educational programs, employees, |
| 70 | and facilities. Their responsibilities include staff |
| 71 | development, public K-12 school student education including |
| 72 | education for exceptional students and students in juvenile |
| 73 | justice programs, special programs, adult education programs, |
| 74 | and career education programs. Additionally, district school |
| 75 | boards must: |
| 76 | (5)(a) If selecting a vendor to market class rings to |
| 77 | students, request proposals from at least two vendors annually. |
| 78 | Results of proposals, including vendor contact information, |
| 79 | shall be open to the public and posted on the district school |
| 80 | board's website. |
| 81 | (b) Vendors selected by the district school board may not |
| 82 | discourage students from purchasing class rings from another |
| 83 | vendor nor may they establish practices, policies, or procedures |
| 84 | that interfere with the ability of students to purchase class |
| 85 | rings from another vendor. Vendors may not discriminate against |
| 86 | a student who purchases a class ring from another vendor. |
| 87 | (c) Students may not be prohibited from purchasing a class |
| 88 | ring from any vendor and may not be excluded from participation |
| 89 | in any ceremony or activity relating to the receipt of a class |
| 90 | ring. |
| 91 | (6)(a) If entering into a contract with a photographer for |
| 92 | the purpose of taking student photographs, request proposals |
| 93 | from at least two photographers annually. Results of proposals, |
| 94 | including vendor contact information, shall be open to the |
| 95 | public and posted on the district school board's website. |
| 96 | (b) District school boards may not require students to |
| 97 | purchase senior photographs from a contract vendor and must |
| 98 | allow students to purchase photographs from a photographer of |
| 99 | their choice. A student's senior photograph must be allowed to |
| 100 | appear in the yearbook when taken by a photographer not under |
| 101 | contract with the district school board if the photograph meets |
| 102 | the reasonable specifications of the principal and yearbook |
| 103 | staff for senior photographs. |
| 104 | Section 3. Subsection (1) of section 1006.22, Florida |
| 105 | Statutes, is amended to read: |
| 106 | 1006.22 Safety and health of students being |
| 107 | transported.--Maximum regard for safety and adequate protection |
| 108 | of health are primary requirements that must be observed by |
| 109 | district school boards in routing buses, appointing drivers, and |
| 110 | providing and operating equipment, in accordance with all |
| 111 | requirements of law and rules of the State Board of Education in |
| 112 | providing transportation pursuant to s. 1006.21: |
| 113 | (1)(a) District school boards shall use school buses, as |
| 114 | defined in s. 1006.25, for all regular transportation. Regular |
| 115 | transportation or regular use means transportation of students |
| 116 | to and from school or school-related activities that are part of |
| 117 | a scheduled series or sequence of events to the same location. |
| 118 | "Students" means, for the purposes of this section, students |
| 119 | enrolled in the public schools in prekindergarten disability |
| 120 | programs and in kindergarten through grade 12. District school |
| 121 | boards may regularly use motor vehicles other than school buses |
| 122 | only under the following conditions: |
| 123 | 1.(a) When the transportation is for physically |
| 124 | handicapped or isolated students and the district school board |
| 125 | has elected to provide for the transportation of the student |
| 126 | through written or oral contracts or agreements. |
| 127 | 2.(b) When the transportation is a part of a comprehensive |
| 128 | contract for a specialized educational program between a |
| 129 | district school board and a service provider who provides |
| 130 | instruction, transportation, and other services. |
| 131 | 3.(c) When the transportation is provided through a public |
| 132 | transit system. |
| 133 | 4.(d) When the transportation is for trips to and from |
| 134 | school sites or agricultural education sites or for trips to and |
| 135 | from agricultural education-related events or competitions, but |
| 136 | is not for customary transportation between a student's |
| 137 | residence and such sites. When the transportation of students is |
| 138 | necessary or practical in a motor vehicle owned or operated by a |
| 139 | district school board other than a school bus, such |
| 140 | transportation must be provided in designated seating positions |
| 141 | in a passenger car not to exceed 8 students or in a multipurpose |
| 142 | passenger vehicle designed to transport 10 or fewer persons |
| 143 | which meets all applicable federal motor vehicle safety |
| 144 | standards. Multipurpose passenger vehicles classified as utility |
| 145 | vehicles with a wheelbase of 110 inches or less which are |
| 146 | required by federal motor vehicle standards to display a |
| 147 | rollover warning label may not be used. |
| 148 |
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| 149 | When students are transported in motor vehicles, the occupant |
| 150 | crash protection system provided by the vehicle manufacturer |
| 151 | must be used unless the student's physical condition prohibits |
| 152 | such use. |
| 153 | (b) When the transportation of students is provided, as |
| 154 | authorized in this subsection, in a vehicle other than a school |
| 155 | bus that is owned, operated, rented, contracted, or leased by a |
| 156 | school district or charter school, the following provisions |
| 157 | shall apply: |
| 158 | 1. The vehicle must be a passenger car or multipurpose |
| 159 | passenger vehicle or truck, as defined in Title 49 C.F.R. part |
| 160 | 571, designed to transport fewer than 10 students. Students must |
| 161 | be transported in designated seating positions and must use the |
| 162 | occupant crash protection system provided by the manufacturer |
| 163 | unless the student's physical condition prohibits such use. |
| 164 | 2. An authorized vehicle may not be driven by a student on |
| 165 | a public right-of-way. An authorized vehicle may be driven by a |
| 166 | student on school or private property as part of the student's |
| 167 | educational curriculum if no other student is in the vehicle. |
| 168 | 3. The driver of an authorized vehicle transporting |
| 169 | students must maintain a valid driver's license and must comply |
| 170 | with the requirements of the school district's locally adopted |
| 171 | safe driver plan, which includes review of driving records for |
| 172 | disqualifying violations. |
| 173 | 4. The district school board or charter school must adopt |
| 174 | a policy that addresses procedures and liability for trips under |
| 175 | this paragraph, including a provision that school buses are to |
| 176 | be used whenever practical and specifying consequences for |
| 177 | violation of the policy. |
| 178 | Section 4. Section 1013.501, Florida Statutes, is amended |
| 179 | to read: |
| 180 | 1013.501 A Business-Community School (ABC'S) Florida |
| 181 | Business and Education in School Together (Florida BEST) |
| 182 | Program.-- |
| 183 | (1) In order to increase business partnerships in |
| 184 | education, to reduce school and classroom overcrowding |
| 185 | throughout the state, and to offset the high costs of |
| 186 | educational facilities construction, the Legislature intends to |
| 187 | encourage the formation of partnerships between business and |
| 188 | education by creating A Business-Community School (ABC'S) the |
| 189 | Florida Business and Education in School Together (Florida BEST) |
| 190 | Program. |
| 191 | (2) Each school board shall, through advertisements in |
| 192 | local media and other means, request proposals from area |
| 193 | businesses to allow the operation of a business and education |
| 194 | partnership school in facilities owned or operated by the |
| 195 | business. |
| 196 | (3) Each school district shall establish an ABC'S a |
| 197 | Florida BEST school evaluation committee. |
| 198 | (a) The committee shall be appointed by the school board |
| 199 | and be composed of one school district administrator, at least |
| 200 | one member of the business community, and at least one member of |
| 201 | a local chamber of commerce. |
| 202 | (b) The committee shall evaluate the feasibility of each |
| 203 | proposal, including the operating cost, number of students to be |
| 204 | served, proposed student-to-teacher ratio, proposed number of |
| 205 | years the satellite school would operate, and any other |
| 206 | operational or facilities considerations the school board or |
| 207 | committee deems appropriate. |
| 208 | (c) The committee shall recommend to the school board |
| 209 | those proposals for satellite schools which the committee deems |
| 210 | viable and worthy of being established. The school board must |
| 211 | take official action on the recommendation of the committee |
| 212 | within 60 days after receipt of the recommendation. |
| 213 | (4) "A Business-Community School (ABC'S) "Florida Business |
| 214 | and Education in School Together (Florida BEST) school" is |
| 215 | defined as a public school offering instruction to students from |
| 216 | kindergarten through third grade. The school may offer |
| 217 | instruction in any single grade level or for multiple grade |
| 218 | levels. ABC'S Florida BEST schools shall comply with the |
| 219 | constitutional class size requirements. |
| 220 | (a) First priority for admission of students to the ABC'S |
| 221 | Florida BEST school shall be given to the children of owners and |
| 222 | employees of the host business. If additional student capacity |
| 223 | remains after those children are admitted, the host business may |
| 224 | choose which other neighboring businesses may also participate |
| 225 | to generate a viable number of students for the school. The |
| 226 | school board shall make the necessary arrangements to |
| 227 | accommodate students from other school districts whose parents |
| 228 | are associated with the host business or business partners. |
| 229 | (b) Parents shall be responsible for providing |
| 230 | transportation to and from school for the students. |
| 231 | (5) A multiyear contract for operation of the ABC'S |
| 232 | Florida BEST school may be entered into between the school |
| 233 | district and the host business. The contract must at least |
| 234 | include provisions relating to any cost of facilities |
| 235 | modifications, provide for the assignment or waiver of |
| 236 | appropriate insurance costs, specify the number of students |
| 237 | expected to be served, provide grounds for canceling the lease, |
| 238 | and specify the advance notice required before the school may be |
| 239 | closed. |
| 240 | (a) The school board shall be responsible for providing |
| 241 | the appropriate instructional, support, and administrative staff |
| 242 | and textbooks, materials, and supplies. The school district may |
| 243 | also agree to operate or contract for the operation of a before- |
| 244 | school and after-school program using the donated facilities. |
| 245 | (b) The host business shall provide the appropriate types |
| 246 | of space for operating the school. If special facilities, such |
| 247 | as restrooms or dining, recreational, or other areas are |
| 248 | required, the district may contribute a part of the cost of the |
| 249 | construction, remodeling, or renovation for such facilities from |
| 250 | capital outlay funds of the district. A multiyear lease for |
| 251 | operation of the facility must be agreed to if the school |
| 252 | district contributes to the cost of such construction. |
| 253 | Section 5. Section 1013.502, Florida Statutes, is amended |
| 254 | to read: |
| 255 | 1013.502 ABC'S Florida BEST school facilities; |
| 256 | standards.--Notwithstanding any local government ordinance or |
| 257 | regulation, any business or corporation may expand the square |
| 258 | footage or floor area of its current or proposed facility to |
| 259 | accommodate an ABC'S a Florida Business and Education in School |
| 260 | Together (Florida BEST) school. Facilities constructed to house |
| 261 | an ABC'S a Florida BEST school must comply with the State |
| 262 | Uniform Building Code for Public Educational Facilities |
| 263 | Construction adopted pursuant to s. 1013.37 and must meet state |
| 264 | and local health, environmental, and safety laws and codes. |
| 265 | Section 6. This act shall take effect July 1, 2006. |