CS/HB 213

1
A bill to be entitled
2An act relating to education; amending s. 1000.05, F.S.;
3providing that students may be separated by gender for
4specified single-gender programs; amending s. 1002.20,
5F.S.; providing that public school choice options may
6include single-gender programs; creating s. 1002.311,
7F.S.; authorizing district school boards to establish a
8nonvocational class, extracurricular activity, or school
9in which enrollment is limited to students of a single
10gender; providing conditions for such authorization;
11requiring that student participation in single-gender
12programs be voluntary; requiring evaluation of single-
13gender programs every 2 years; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (d) of subsection (2) of section
191000.05, Florida Statutes, is amended to read:
20     1000.05  Discrimination against students and employees in
21the Florida K-20 public education system prohibited; equality of
22access required.--
23     (2)
24     (d)  Students may be separated by gender for a single-
25gender program under s. 1002.311, for any portion of a class
26that deals with human reproduction, or during participation in
27bodily contact sports. For the purpose of this section, bodily
28contact sports include wrestling, boxing, rugby, ice hockey,
29football, basketball, and other sports in which the purpose or
30major activity involves bodily contact.
31     Section 2.  Paragraph (a) of subsection (6) of section
321002.20, Florida Statutes, is amended to read:
33     1002.20  K-12 student and parent rights.--Parents of public
34school students must receive accurate and timely information
35regarding their child's academic progress and must be informed
36of ways they can help their child to succeed in school. K-12
37students and their parents are afforded numerous statutory
38rights including, but not limited to, the following:
39     (6)  EDUCATIONAL CHOICE.--
40     (a)  Public school choices.--Parents of public school
41students may seek whatever public school choice options that are
42applicable to their students and are available to students in
43their school districts. These options may include controlled
44open enrollment, single-gender programs, lab schools, charter
45schools, charter technical career centers, magnet schools,
46alternative schools, special programs, advanced placement, dual
47enrollment, International Baccalaureate, International General
48Certificate of Secondary Education (pre-AICE), Advanced
49International Certificate of Education, early admissions, credit
50by examination or demonstration of competency, the New World
51School of the Arts, the Florida School for the Deaf and the
52Blind, and the Florida Virtual School. These options may also
53include the public school choice options of the Opportunity
54Scholarship Program and the McKay Scholarships for Students with
55Disabilities Program.
56     Section 3.  Section 1002.311, Florida Statutes, is created
57to read:
58     1002.311  Single-gender programs authorized.--
59     (1)  Subject to subsection (2) and in accordance with 34
60C.F.R. s. 106.34, a district school board may establish and
61maintain a nonvocational class, extracurricular activity, or
62school for elementary, middle, or high school students in which
63enrollment is limited to a single gender if the school district
64also makes available a substantially equal:
65     (a)  Single-gender class, extracurricular activity, or
66school to students of the other gender; and
67     (b)  Coeducational class, extracurricular activity, or
68school to all students.
69     (2)  A district school board that establishes a single-
70gender class, extracurricular activity, or school:
71     (a)  May not require participation by any student. The
72district school board must ensure that participation in the
73single-gender class, extracurricular activity, or school is
74voluntary.
75     (b)  Must evaluate each single-gender class,
76extracurricular activity, or school in the school district at
77least once every 2 years in order to ensure that it is in
78compliance with this section and 34 C.F.R. s. 106.34.
79     Section 4.  This act shall take effect July 1, 2008.


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