Bill Text: FL S0308 | 2023 | Regular Session | Comm Sub


Bill Title: Interscholastic Activities

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-04-03 - Laid on Table, companion bill(s) passed, see CS/CS/HB 225 (Ch. 2023-97), CS/SB 190 (Ch. 2023-113) [S0308 Detail]

Download: Florida-2023-S0308-Comm_Sub.html
       Florida Senate - 2023                       CS for CS for SB 308
       
       
        
       By the Committees on Rules; and Education Pre-K -12; and
       Senators Collins, Grall, and Perry
       
       
       
       
       595-03342-23                                           2023308c2
    1                        A bill to be entitled                      
    2         An act relating to interscholastic activities;
    3         amending s. 1002.20, F.S.; authorizing charter school
    4         students and Florida Virtual School full-time students
    5         to participate in extracurricular activities at a
    6         private school under certain circumstances; amending
    7         s. 1002.33, F.S.; authorizing charter school students
    8         to participate in interscholastic extracurricular
    9         activities at a private school under certain
   10         circumstances; amending s. 1006.15, F.S.; authorizing
   11         charter school students and Florida Virtual School
   12         full-time program students to participate in
   13         interscholastic extracurricular activities at private
   14         schools under certain circumstances; authorizing
   15         traditional public school students to participate in
   16         interscholastic and intrascholastic activities at
   17         certain schools; revising the requirements for
   18         students to participate in such activities; revising
   19         requirements related to private school students
   20         participating at a Florida High School Athletic
   21         Association (FHSAA)-member school; providing for the
   22         continued participation in such activities by certain
   23         students who transfer from a public school; amending
   24         s. 1006.195, F.S.; conforming a cross-reference;
   25         amending s. 1006.20, F.S.; requiring the FHSAA to
   26         allow any school that joins the organization by sport
   27         to participate in the championship contest or series
   28         of contests for that sport; providing that the
   29         Commissioner of Education may direct the FHSAA to
   30         revise its bylaws at any time; requiring that any
   31         changes to the FHSAA bylaws be ratified by the State
   32         Board of Education; deleting a requirement that the
   33         appointing authority of members of the FHSAA Board of
   34         Directors make appointments that reflect the
   35         demographic and population trends of this state;
   36         revising the composition of the board of directors;
   37         providing that all appointed board members be
   38         appointed by the Governor and confirmed by the Senate;
   39         requiring that the hiring of the FHSAA executive
   40         director and the budget adopted by the board of
   41         directors be ratified by the State Board of Education;
   42         requiring a majority vote of the board of directors
   43         for the approval of legislative recommendations from
   44         the representative assembly; creating s. 1006.185,
   45         F.S.; requiring each approved athletic association
   46         whose membership includes public schools to allow each
   47         participating school to make opening remarks at
   48         certain athletic contests; providing requirements for
   49         the remarks; providing an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraphs (c) and (d) of subsection (18) of
   54  section 1002.20, Florida Statutes, are amended to read:
   55         1002.20 K-12 student and parent rights.—Parents of public
   56  school students must receive accurate and timely information
   57  regarding their child’s academic progress and must be informed
   58  of ways they can help their child to succeed in school. K-12
   59  students and their parents are afforded numerous statutory
   60  rights including, but not limited to, the following:
   61         (18) EXTRACURRICULAR ACTIVITIES.—In accordance with the
   62  provisions of s. 1006.15:
   63         (c) Charter school students.—Charter school students who
   64  meet specified academic and conduct requirements are eligible to
   65  participate in extracurricular activities at the public school
   66  to which the student would be assigned or could choose to attend
   67  according to district school board policies, or may develop an
   68  agreement to participate at a private school, unless such
   69  activity is provided by the student’s charter school.
   70         (d) Florida Virtual School full-time students.—Florida
   71  Virtual School full-time students who meet specified academic
   72  and conduct requirements are eligible to participate in
   73  extracurricular activities at the public school to which the
   74  student would be assigned or could choose to attend according to
   75  district school board policies, or may develop an agreement to
   76  participate at a private school.
   77         Section 2. Subsection (11) of section 1002.33, Florida
   78  Statutes, is amended to read:
   79         1002.33 Charter schools.—
   80         (11) PARTICIPATION IN INTERSCHOLASTIC EXTRACURRICULAR
   81  ACTIVITIES.—A charter school student is eligible to participate
   82  in an interscholastic extracurricular activity at the public
   83  school to which the student would be otherwise assigned to
   84  attend, or may develop an agreement to participate at a private
   85  school, pursuant to s. 1006.15(3)(d).
   86         Section 3. Present paragraph (h) of subsection (3) of
   87  section 1006.15, Florida Statutes, is redesignated as paragraph
   88  (i), and a new paragraph (h) is added to that subsection,
   89  subsection (10) is added to that section, and paragraphs (d) and
   90  (e) of subsection (3) and subsection (8) of that section are
   91  amended, to read:
   92         1006.15 Student standards for participation in
   93  interscholastic and intrascholastic extracurricular student
   94  activities; regulation.—
   95         (3)
   96         (d) An individual charter school student pursuant to s.
   97  1002.33 is eligible to participate at the public school to which
   98  the student would be assigned according to district school board
   99  attendance area policies or which the student could attend, or
  100  may develop an agreement to participate at a private school, in
  101  any interscholastic extracurricular activity of that school,
  102  unless such activity is provided by the student’s charter
  103  school, if the following conditions are met:
  104         1. The charter school student must meet the requirements of
  105  the charter school education program as determined by the
  106  charter school governing board.
  107         2. During the period of participation at a school, the
  108  charter school student must demonstrate educational progress as
  109  required in paragraph (b).
  110         3. The charter school student must meet the same residency
  111  requirements as other students in the school at which he or she
  112  participates.
  113         4. The charter school student must meet the same standards
  114  of acceptance, behavior, and performance that are required of
  115  other students in extracurricular activities.
  116         5. The charter school student must register with the school
  117  his or her intent to participate in interscholastic
  118  extracurricular activities as a representative of the school
  119  before participation. A charter school student must be able to
  120  participate in curricular activities if that is a requirement
  121  for an extracurricular activity.
  122         6. A student who transfers from a charter school program to
  123  a traditional public school before or during the first grading
  124  period of the school year is academically eligible to
  125  participate in interscholastic extracurricular activities during
  126  the first grading period if the student has a successful
  127  evaluation from the previous school year, pursuant to
  128  subparagraph 2.
  129         7. Any public school or private school student who has been
  130  unable to maintain academic eligibility for participation in
  131  interscholastic extracurricular activities is ineligible to
  132  participate in such activities as a charter school student until
  133  the student has successfully completed one grading period in a
  134  charter school pursuant to subparagraph 2. to become eligible to
  135  participate as a charter school student.
  136         (e) A student of the Florida Virtual School full-time
  137  program may participate in any interscholastic extracurricular
  138  activity at the public school to which the student would be
  139  assigned according to district school board attendance area
  140  policies or which the student could choose to attend pursuant to
  141  s. 1002.31, or may develop an agreement to participate at a
  142  private school, if the student:
  143         1. During the period of participation in the
  144  interscholastic extracurricular activity, meets the requirements
  145  in paragraph (a).
  146         2. Meets any additional requirements as determined by the
  147  board of trustees of the Florida Virtual School.
  148         3. Meets the same residency requirements as other students
  149  in the school at which he or she participates.
  150         4. Meets the same standards of acceptance, behavior, and
  151  performance that are required of other students in
  152  extracurricular activities.
  153         5. Registers his or her intent to participate in
  154  interscholastic extracurricular activities with the school
  155  before participation. A Florida Virtual school student must be
  156  able to participate in curricular activities if that is a
  157  requirement for an extracurricular activity.
  158         (h)An individual traditional public school student who is
  159  otherwise eligible to participate in interscholastic
  160  extracurricular activities may either participate in any such
  161  activity at any public school in the school district in which
  162  the student resides or develop an agreement to participate in
  163  such activity at a private school, unless the activity is
  164  provided by the student’s traditional public school. Such
  165  student must:
  166         1.Meet the same standards of acceptance, behavior, and
  167  performance that are required of other students in
  168  extracurricular activities at the school at which the student
  169  wishes to participate.
  170         2. Before participation, register with the school his or
  171  her intent to participate in interscholastic extracurricular
  172  activities as a representative of the school. The student must
  173  be able to participate in curricular activities if that is a
  174  requirement for an extracurricular activity.
  175         (8)(a) The Florida High School Athletic Association (FHSAA)
  176  shall, in cooperation with each district school board and its
  177  member private schools, shall facilitate a program in which a
  178  middle school or high school student who attends a private
  179  school is shall be eligible to participate in an interscholastic
  180  or intrascholastic sport at a member public high school, a
  181  member public middle school, or a member 6-12 public school, or
  182  a member private school, as appropriate for the private school
  183  student’s grade level to which the student would be assigned
  184  according to district school board attendance area policies and
  185  procedures or which the student could choose to attend pursuant
  186  to s. 1002.31, provided the public school has not reached
  187  capacity as determined by the district school board, if:
  188         1. The private school in which the student is enrolled is
  189  not a member of the FHSAA.
  190         2. The private school student meets the guidelines for the
  191  conduct of the program established by the FHSAA’s board of
  192  directors and the district school board or member private
  193  school. At a minimum, such guidelines must shall provide:
  194         a. a deadline for each sport by which the private school
  195  student’s parents must register with the member public school in
  196  writing their intent for their child to participate at that
  197  school in the sport.
  198         b. Requirements for a private school student to
  199  participate, including, but not limited to, meeting the same
  200  standards of eligibility, acceptance, behavior, educational
  201  progress, and performance which apply to other students
  202  participating in interscholastic or intrascholastic sports at a
  203  public school or FHSAA member private school.
  204         (b) The parents of a private school student participating
  205  in a member public school sport under this subsection are
  206  responsible for transporting their child to and from the member
  207  public school at which the student participates. The private
  208  school the student attends, the member public school at which
  209  the student participates in a sport, the district school board,
  210  and the FHSAA are exempt from civil liability arising from any
  211  injury that occurs to the student during such transportation.
  212         (c) For each academic year, a private school student may
  213  only participate at the member public school in which the
  214  student is first registered under subparagraph (a)2. sub
  215  subparagraph (a)2.a. or makes himself or herself a candidate for
  216  an athletic team by engaging in a practice.
  217         (d) The athletic director of each participating FHSAA
  218  member public school shall maintain the student records
  219  necessary for eligibility, compliance, and participation in the
  220  program.
  221         (e) Any non-FHSAA member private school that has a student
  222  who wishes to participate in this program must make all student
  223  records, including, but not limited to, academic, financial,
  224  disciplinary, and attendance records, available upon request of
  225  the FHSAA.
  226         (f) A student must apply to participate in this program
  227  through the FHSAA program application process.
  228         (g) Only students who are enrolled in non-FHSAA member
  229  private schools consisting of 125 students or fewer are eligible
  230  to participate in the program in any given academic year.
  231         (10) A student who participates in an interscholastic or
  232  intrascholastic activity at a public school and who transfers
  233  from that school during the school year must be allowed to
  234  continue to participate in the activity at that school for the
  235  remainder of the school year if:
  236         (a) During the period of participation in the activity, the
  237  student continues to meet the requirements specified in
  238  paragraph (3)(a).
  239         (b) The student continues to meet the same standards of
  240  acceptance, behavior, and performance which are required of
  241  other students participating in the activity, except for
  242  enrollment requirements at the school at which the student
  243  participates.
  244         (c) The parents of the student participating in the
  245  activity provide for the transportation of the student to and
  246  from the school at which the student participates. The school
  247  the student attends, the school at which the student
  248  participates in the activity, and the district school board are
  249  exempt from civil liability arising from any injury that occurs
  250  to the student during such transportation.
  251         Section 4. Paragraph (a) of subsection (1) of section
  252  1006.195, Florida Statutes, is amended to read:
  253         1006.195 District school board, charter school authority
  254  and responsibility to establish student eligibility regarding
  255  participation in interscholastic and intrascholastic
  256  extracurricular activities.—Notwithstanding any provision to the
  257  contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
  258  eligibility to participate in interscholastic and
  259  intrascholastic extracurricular activities:
  260         (1)(a) A district school board must establish, through its
  261  code of student conduct, student eligibility standards and
  262  related student disciplinary actions regarding student
  263  participation in interscholastic and intrascholastic
  264  extracurricular activities. The code of student conduct must
  265  provide that:
  266         1. A student not currently suspended from interscholastic
  267  or intrascholastic extracurricular activities, or suspended or
  268  expelled from school, pursuant to a district school board’s
  269  suspension or expulsion powers provided in law, including ss.
  270  1006.07, 1006.08, and 1006.09, is eligible to participate in
  271  interscholastic and intrascholastic extracurricular activities.
  272         2. A student may not participate in a sport if the student
  273  participated in that same sport at another school during that
  274  school year, unless the student meets the criteria in s.
  275  1006.15(3)(i) s. 1006.15(3)(h).
  276         3. A student’s eligibility to participate in any
  277  interscholastic or intrascholastic extracurricular activity may
  278  not be affected by any alleged recruiting violation until final
  279  disposition of the allegation pursuant to s. 1006.20(2)(b).
  280         Section 5. Subsection (1), paragraph (a) of subsection (2),
  281  paragraphs (a) and (e) of subsection (4), paragraphs (a) and (h)
  282  of subsection (5), paragraph (b) of subsection (6), and
  283  subsection (8) of section 1006.20, Florida Statutes, are amended
  284  to read:
  285         1006.20 Athletics in public K-12 schools.—
  286         (1) GOVERNING NONPROFIT ORGANIZATION.—The Florida High
  287  School Athletic Association (FHSAA) is designated as a the
  288  governing nonprofit organization of athletics in Florida public
  289  schools. If the FHSAA fails to comply with meet the provisions
  290  of this section, the commissioner must shall designate a
  291  nonprofit organization to govern athletics with the approval of
  292  the State Board of Education. The FHSAA is not a state agency as
  293  defined in s. 120.52. The FHSAA is shall be subject to the
  294  provisions of s. 1006.19. A private school that wishes to engage
  295  in high school athletic competition with a public high school
  296  may become a member of the FHSAA. Any high school in this the
  297  state, including charter schools, virtual schools, and home
  298  education cooperatives, may become a member of the FHSAA and
  299  participate in the activities of the FHSAA;. however, membership
  300  in the FHSAA is not mandatory for any school. The FHSAA shall
  301  must allow a private school the option of maintaining full
  302  membership in the association or joining by sport and may not
  303  discourage a private school from simultaneously maintaining
  304  membership in another athletic association. The FHSAA shall
  305  allow any school joining by sport to participate in the
  306  championship contest or series of contests for that sport may
  307  allow a public school the option to apply for consideration to
  308  join another athletic association. The FHSAA may not deny or
  309  discourage interscholastic competition between its member
  310  schools and non-FHSAA member Florida schools, including members
  311  of another athletic governing organization, and may not take any
  312  retributory or discriminatory action against any of its member
  313  schools that participate in interscholastic competition with
  314  non-FHSAA member Florida schools. The FHSAA may not unreasonably
  315  withhold its approval of an application to become an affiliate
  316  member of the National Federation of State High School
  317  Associations submitted by any other organization that governs
  318  interscholastic athletic competition in this state. The bylaws
  319  of the FHSAA are the rules by which high school athletic
  320  programs in its member schools, and the students who participate
  321  in them, are governed, unless otherwise specifically provided by
  322  statute. For the purposes of this section, the term “high
  323  school” includes grades 6 through 12.
  324         (2) ADOPTION OF BYLAWS, POLICIES, OR GUIDELINES.—
  325         (a) The FHSAA shall adopt bylaws that, unless specifically
  326  provided otherwise by statute, establish eligibility
  327  requirements for all students who participate in high school
  328  athletic competition in its member schools. The bylaws governing
  329  residence and transfer must shall allow the student to be
  330  immediately eligible in the school in which he or she first
  331  enrolls each school year or the school in which the student
  332  makes himself or herself a candidate for an athletic team by
  333  engaging in a practice before prior to enrolling in the school.
  334  The bylaws must shall also allow the student to be immediately
  335  eligible in the school to which the student has transferred. The
  336  student remains shall be eligible in that school so long as he
  337  or she remains enrolled in that school. Subsequent eligibility
  338  must shall be determined and enforced through the FHSAA’s
  339  bylaws. Requirements governing eligibility and transfer between
  340  member schools must shall be applied similarly to public school
  341  students and private school students. The commissioner may
  342  direct the FHSAA to revise its bylaws at any time.
  343         1. Any changes to the FHSAA’s bylaws must be ratified by
  344  the State Board of Education.
  345         2. A bylaw adopted by the FHSAA board of directors may not
  346  take effect until it is ratified by the State Board of
  347  Education.
  348         (4) BOARD OF DIRECTORS.—
  349         (a) The executive and legislative authority of the FHSAA is
  350  shall be vested in its board of directors, which is. Any entity
  351  that appoints members to the board of directors shall examine
  352  the ethnic and demographic composition of the board when
  353  selecting candidates for appointment and shall, to the greatest
  354  extent possible, make appointments that reflect state
  355  demographic and population trends. The board of directors shall
  356  be composed of nine members, eight of whom are appointed by the
  357  Governor and confirmed by the Senate 16 persons, as follows:
  358         1. Two Four public member school representatives appointed
  359  from different administrative regions, one elected from among
  360  its public school representative members within each of the four
  361  administrative regions.
  362         2. Two Four nonpublic member school representatives
  363  appointed from different administrative regions that are also
  364  different than those represented by the public member school
  365  representatives appointed under subparagraph 1., one elected
  366  from among its nonpublic school representative members within
  367  each of the four administrative regions.
  368         3. Two Three representatives appointed by the commissioner,
  369  one appointed from the two northernmost administrative regions
  370  and one appointed from the two southernmost administrative
  371  regions. The third representative shall be appointed to balance
  372  the board for diversity or state population trends, or both.
  373         4. One Two district school superintendent appointed
  374  superintendents, one elected from the two northernmost
  375  administrative region regions by the members in those regions
  376  and one elected from the two southernmost administrative regions
  377  by the members in those regions.
  378         5. One Two district school board member appointed members,
  379  one elected from the two northernmost administrative regions by
  380  the members in those regions and one elected from the two
  381  southernmost administrative region regions by the members in
  382  those regions.
  383         6. The commissioner or his or her designee from the
  384  department executive staff.
  385         (e) The authority and duties of the board of directors,
  386  acting as a body and in accordance with the FHSAA’s bylaws, are
  387  as follows:
  388         1. To act as the incorporated FHSAA’s board of directors
  389  and to fulfill its obligations as required by the FHSAA’s
  390  charter and articles of incorporation.
  391         2. To establish such guidelines, regulations, policies, and
  392  procedures as are authorized by the bylaws.
  393         3. To employ an FHSAA executive director, who has shall
  394  have the authority to waive the bylaws of the FHSAA in order to
  395  comply with statutory changes. The hiring of the executive
  396  director must be ratified by the State Board of Education.
  397         4. To levy annual dues and other fees and to set the
  398  percentage of contest receipts to be collected by the FHSAA.
  399         5. To approve the budget of the FHSAA. The budget adopted
  400  by the board of directors must be ratified by the State Board of
  401  Education.
  402         6. To organize and conduct statewide interscholastic
  403  competitions, which may or may not lead to state championships,
  404  and to establish the terms and conditions for these
  405  competitions.
  406         7. To act as an administrative board in the interpretation
  407  of, and final decision on, all questions and appeals arising
  408  from the directing of interscholastic athletics of member
  409  schools.
  410         8. To approve, reject, or amend any legislative
  411  recommendations from the representative assembly. Approval of
  412  such recommendations requires a majority vote of the board.
  413         (5) REPRESENTATIVE ASSEMBLY.—
  414         (a) The legislative authority of the FHSAA is vested in its
  415  representative assembly may make legislative recommendations to
  416  the board of directors.
  417         (h) Other than making legislative recommendations as
  418  authorized by paragraph (a), the authority of the representative
  419  assembly is limited to its sole duty, which is to consider,
  420  adopt, or reject any recommended proposed amendments to the
  421  FHSAA’s bylaws.
  422         (6) PUBLIC LIAISON ADVISORY COMMITTEE.—
  423         (b) A No member of the board of directors or the, committee
  424  on appeals may not, or representative assembly is eligible to
  425  serve on the public liaison advisory committee.
  426         (8) AMENDMENT OF BYLAWS.—Each member school representative,
  427  the board of directors acting as a whole or as members acting
  428  individually, any advisory committee acting as a whole to be
  429  established by the FHSAA, the commissioner, and the FHSAA’s
  430  executive director may are empowered to propose amendments to
  431  the bylaws. Any other individual may propose an amendment by
  432  securing the sponsorship of any such of the aforementioned
  433  individuals or bodies. All proposed amendments must be submitted
  434  directly to the representative assembly for its consideration.
  435  The representative assembly shall provide a recommendation to
  436  the board of directors to either adopt, reject, or revise any
  437  proposed amendments, while empowered to adopt, reject, or revise
  438  proposed amendments, may not, in and of itself, as a body be
  439  allowed to propose any amendment for its own consideration.
  440         Section 6. Section 1006.185, Florida Statutes, is created
  441  to read:
  442         1006.185 Opening remarks at high school athletic contests.
  443  Each athletic association designated under s. 1006.20 whose
  444  membership includes public schools shall adopt bylaws, policies,
  445  or procedures that provide each school participating in a high
  446  school championship contest or series of contests under the
  447  direction and supervision of the association the opportunity to
  448  make brief opening remarks, if requested by the school, using
  449  the public address system at the event. Such remarks may not be
  450  longer than 2 minutes per participating school. The athletic
  451  association may not control, monitor, or review the content of
  452  the opening remarks and may not control the school’s choice of
  453  speaker. Member schools may not provide remarks that are
  454  derogatory, rude, or threatening. Before the opening remarks, an
  455  announcement must be made that the content of any opening
  456  remarks by a participating school is not endorsed by and does
  457  not reflect the views and or opinions of the athletic
  458  association. The decision to allow opening remarks before
  459  regular season contests is at the discretion of each school.
  460         Section 7. This act shall take effect July 1, 2023.

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