Florida Senate - 2012 CS for SB 492
By the Committee on Higher Education; and Senator Braynon
589-02058-12 2012492c1
1 A bill to be entitled
2 An act relating to education; repealing s. 1001.435,
3 F.S., relating to a K-12 foreign language curriculum
4 plan; amending s. 1002.20, F.S., relating to the
5 rights of public school students and parents; deleting
6 requirements that the State Board of Education adopt
7 rules relating to epinephrine use, diabetes
8 management, and the use of pancreatic enzyme
9 supplements by students; repealing s. 1002.375, F.S.,
10 relating to a pilot project that allows school
11 districts to award alternative credit for high school
12 courses; repealing s. 1002.65, F.S., relating to
13 aspirational goals for the professional credentials of
14 prekindergarten instructors; repealing s.
15 1003.4285(1), F.S., relating to a standard high school
16 diploma designation that indicates a student’s major
17 area of interest; repealing s. 1003.496, F.S.,
18 relating to the High School to Business Career
19 Enhancement Program; repealing s. 1003.576, F.S.,
20 relating to the development and operation of an
21 electronic individual education plan system; repealing
22 s. 1004.05, F.S., relating to the development by state
23 universities and Florida College System institutions
24 of substance abuse training programs; repealing s.
25 1004.62, F.S., relating to incentives for urban or
26 socially and economically disadvantaged area
27 internships; repealing s. 1006.02, F.S., relating to
28 the provision of information to students and parents
29 regarding the school-to-work transition; repealing s.
30 1006.025, F.S., relating to the preparation and
31 submission of a school district guidance report by
32 district school boards; repealing s. 1006.035, F.S.,
33 relating to a dropout reentry and mentor project;
34 repealing s. 1006.051, F.S., relating to the Sunshine
35 Workforce Solutions Grant Program; repealing s.
36 1006.141, F.S., relating to authorization for the
37 Department of Education to contract with the Florida
38 Sheriffs Association to operate a statewide school
39 safety hotline; repealing s. 1006.17, F.S., relating
40 to school district or Florida College System
41 institution sponsorship of athletic activities or
42 sports similar to sports for which public
43 postsecondary educational institutions offer
44 scholarships; repealing s. 1006.70, F.S., relating to
45 school district or Florida College System institution
46 sponsorship of athletic activities or sports similar
47 to sports for which public postsecondary educational
48 institutions offer scholarships; repealing s. 1007.21,
49 F.S., relating to student readiness for postsecondary
50 education and the workplace; repealing s. 1007.272,
51 F.S., relating to authorization for school districts,
52 Florida College System institutions, and state
53 universities to conduct advanced placement instruction
54 within dual enrollment courses; repealing s.
55 1007.33(6), F.S., relating to authorization for
56 certain Florida College System institutions to obtain
57 an exemption from required State Board of Education
58 approval for baccalaureate degree programs if
59 eligibility requirements are met; amending s. 1011.61,
60 F.S.; conforming provisions to changes made by the
61 act; repealing s. 1012.58, F.S., relating to the
62 Transition to Teaching Program; providing an effective
63 date.
64
65 Be It Enacted by the Legislature of the State of Florida:
66
67 Section 1. Section 1001.435, Florida Statutes, is repealed.
68 Section 2. Paragraphs (i), (j), and (k) of subsection (3)
69 of section 1002.20, Florida Statutes, are amended to read:
70 1002.20 K-12 student and parent rights.—Parents of public
71 school students must receive accurate and timely information
72 regarding their child’s academic progress and must be informed
73 of ways they can help their child to succeed in school. K-12
74 students and their parents are afforded numerous statutory
75 rights including, but not limited to, the following:
76 (3) HEALTH ISSUES.—
77 (i) Epinephrine use.—A student who has experienced or is at
78 risk for life-threatening allergic reactions may carry an
79 epinephrine auto-injector and self-administer epinephrine by
80 auto-injector while in school, participating in school-sponsored
81 activities, or in transit to or from school or school-sponsored
82 activities if the school has been provided with parental and
83 physician authorization. The State Board of Education, in
84 cooperation with the Department of Health, shall adopt rules for
85 such use of epinephrine auto-injectors that shall include
86 provisions to protect the safety of all students from the misuse
87 or abuse of auto-injectors. A school district, county health
88 department, public-private partner, and their employees and
89 volunteers shall be indemnified by the parent of a student
90 authorized to carry an epinephrine auto-injector for any and all
91 liability with respect to the student’s use of an epinephrine
92 auto-injector pursuant to this paragraph.
93 (j) Diabetes management.—A school district may not restrict
94 the assignment of a student who has diabetes to a particular
95 school on the basis that the student has diabetes, that the
96 school does not have a full-time school nurse, or that the
97 school does not have trained diabetes personnel. Diabetic
98 students whose parent and physician provide their written
99 authorization to the school principal may carry diabetic
100 supplies and equipment on their person and attend to the
101 management and care of their diabetes while in school,
102 participating in school-sponsored activities, or in transit to
103 or from school or school-sponsored activities to the extent
104 authorized by the parent and physician and within the parameters
105 set forth by State Board of Education rule. The written
106 authorization shall identify the diabetic supplies and equipment
107 that the student is authorized to carry and shall describe the
108 activities the child is capable of performing without
109 assistance, such as performing blood-glucose level checks and
110 urine ketone testing, administering insulin through the insulin
111 delivery system used by the student, and treating hypoglycemia
112 and hyperglycemia. The State Board of Education, in cooperation
113 with the Department of Health, shall adopt rules to encourage
114 every school in which a student with diabetes is enrolled to
115 have personnel trained in routine and emergency diabetes care.
116 The State Board of Education, in cooperation with the Department
117 of Health, shall also adopt rules for the management and care of
118 diabetes by students in schools that include provisions to
119 protect the safety of all students from the misuse or abuse of
120 diabetic supplies or equipment. A school district, county health
121 department, and public-private partner, and the employees and
122 volunteers of those entities, shall be indemnified by the parent
123 of a student authorized to carry diabetic supplies or equipment
124 for any and all liability with respect to the student’s use of
125 such supplies and equipment pursuant to this paragraph.
126 (k) Use of prescribed pancreatic enzyme supplements.—A
127 student who has experienced or is at risk for pancreatic
128 insufficiency or who has been diagnosed as having cystic
129 fibrosis may carry and self-administer a prescribed pancreatic
130 enzyme supplement while in school, participating in school
131 sponsored activities, or in transit to or from school or school
132 sponsored activities if the school has been provided with
133 authorization from the student’s parent and prescribing
134 practitioner. The State Board of Education, in cooperation with
135 the Department of Health, shall adopt rules for the use of
136 prescribed pancreatic enzyme supplements which shall include
137 provisions to protect the safety of all students from the misuse
138 or abuse of the supplements. A school district, county health
139 department, public-private partner, and their employees and
140 volunteers shall be indemnified by the parent of a student
141 authorized to use prescribed pancreatic enzyme supplements for
142 any and all liability with respect to the student’s use of the
143 supplements under this paragraph.
144 Section 3. Section 1002.375, Florida Statutes, is repealed.
145 Section 4. Section 1002.65, Florida Statutes, is repealed.
146 Section 5. Subsection (1) of section 1003.4285, Florida
147 Statutes, is repealed.
148 Section 6. Section 1003.496, Florida Statutes, is repealed.
149 Section 7. Section 1003.576, Florida Statutes, is repealed.
150 Section 8. Section 1004.05, Florida Statutes, is repealed.
151 Section 9. Section 1004.62, Florida Statutes, is repealed.
152 Section 10. Section 1006.02, Florida Statutes, is repealed.
153 Section 11. Section 1006.025, Florida Statutes, is
154 repealed.
155 Section 12. Section 1006.035, Florida Statutes, is
156 repealed.
157 Section 13. Section 1006.051, Florida Statutes, is
158 repealed.
159 Section 14. Section 1006.141, Florida Statutes, is
160 repealed.
161 Section 15. Section 1006.17, Florida Statutes, is repealed.
162 Section 16. Section 1006.70, Florida Statutes, is repealed.
163 Section 17. Section 1007.21, Florida Statutes, is repealed.
164 Section 18. Section 1007.272, Florida Statutes, is
165 repealed.
166 Section 19. Subsection (6) of section 1007.33, Florida
167 Statutes, is repealed.
168 Section 20. Paragraph (c) of subsection (1) of section
169 1011.61, Florida Statutes, is amended to read:
170 1011.61 Definitions.—Notwithstanding the provisions of s.
171 1000.21, the following terms are defined as follows for the
172 purposes of the Florida Education Finance Program:
173 (1) A “full-time equivalent student” in each program of the
174 district is defined in terms of full-time students and part-time
175 students as follows:
176 (c)1. A “full-time equivalent student” is:
177 a. A full-time student in any one of the programs listed in
178 s. 1011.62(1)(c); or
179 b. A combination of full-time or part-time students in any
180 one of the programs listed in s. 1011.62(1)(c) which is the
181 equivalent of one full-time student based on the following
182 calculations:
183 (I) A full-time student in a combination of programs listed
184 in s. 1011.62(1)(c) shall be a fraction of a full-time
185 equivalent membership in each special program equal to the
186 number of net hours per school year for which he or she is a
187 member, divided by the appropriate number of hours set forth in
188 subparagraph (a)1. or subparagraph (a)2. The difference between
189 that fraction or sum of fractions and the maximum value as set
190 forth in subsection (4) for each full-time student is presumed
191 to be the balance of the student’s time not spent in such
192 special education programs and shall be recorded as time in the
193 appropriate basic program.
194 (II) A prekindergarten handicapped student shall meet the
195 requirements specified for kindergarten students.
196 (III) A full-time equivalent student for students in
197 kindergarten through grade 5 in a virtual instruction program
198 under s. 1002.45 or a virtual charter school under s. 1002.33
199 shall consist of a student who has successfully completed a
200 basic program listed in s. 1011.62(1)(c)1.a. or b., and who is
201 promoted to a higher grade level.
202 (IV) A full-time equivalent student for students in grades
203 6 through 12 in a virtual instruction program under s.
204 1002.45(1)(b)1., 2., or 3. or a virtual charter school under s.
205 1002.33 shall consist of six full credit completions in programs
206 listed in s. 1011.62(1)(c)1.b. or c. and 3. Credit completions
207 may be a combination of full-credit courses or half-credit
208 courses. Beginning in the 2014-2015 fiscal year, when s.
209 1008.22(3)(g) is implemented, the reported full-time equivalent
210 students and associated funding of students enrolled in courses
211 requiring passage of an end-of-course assessment shall be
212 adjusted after the student completes the end-of-course
213 assessment.
214 (V) A Florida Virtual School full-time equivalent student
215 shall consist of six full credit completions or the prescribed
216 level of content that counts toward promotion to the next grade
217 in the programs listed in s. 1011.62(1)(c)1.a. and b. for
218 kindergarten through grade 8 and the programs listed in s.
219 1011.62(1)(c)1.c. for grades 9 through 12. Credit completions
220 may be a combination of full-credit courses or half-credit
221 courses. Beginning in the 2014-2015 fiscal year, when s.
222 1008.22(3)(g) is implemented, the reported full-time equivalent
223 students and associated funding of students enrolled in courses
224 requiring passage of an end-of-course assessment shall be
225 adjusted after the student completes the end-of-course
226 assessment.
227 (VI) Each successfully completed full-credit course earned
228 through an online course delivered by a district other than the
229 one in which the student resides shall be calculated as 1/6 FTE.
230 (VII) Each successfully completed credit earned under the
231 alternative high school course credit requirements authorized in
232 s. 1002.375, which is not reported as a portion of the 900 net
233 hours of instruction pursuant to subparagraph (1)(a)1., shall be
234 calculated as 1/6 FTE.
235 2. A student in membership in a program scheduled for more
236 or less than 180 school days or the equivalent on an hourly
237 basis as specified by rules of the State Board of Education is a
238 fraction of a full-time equivalent membership equal to the
239 number of instructional hours in membership divided by the
240 appropriate number of hours set forth in subparagraph (a)1.;
241 however, for the purposes of this subparagraph, membership in
242 programs scheduled for more than 180 days is limited to students
243 enrolled in juvenile justice education programs and the Florida
244 Virtual School.
245
246 The department shall determine and implement an equitable method
247 of equivalent funding for experimental schools and for schools
248 operating under emergency conditions, which schools have been
249 approved by the department to operate for less than the minimum
250 school day.
251 Section 21. Section 1012.58, Florida Statutes, is repealed.
252 Section 22. This act shall take effect upon becoming a law.