HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 259 Interscholastic Extracurricular Activities
SPONSOR(S): Choice & Innovation Subcommittee, Brackett
TIED BILLS: None. IDEN./SIM. BILLS: SB 190
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Choice & Innovation Subcommittee 18 Y, 0 N, As CS Wolff Sleap
2) Education & Employment Committee 19 Y, 0 N Wolff Hassell
SUMMARY ANALYSIS
To expand the opportunities for Florida’s students to participate in interscholastic extracurricular activities, the
bill provides charter school students and Florida Virtual School full-time students with the same opportunity
afforded to home education students under current law. The bill authorizes a charter school student to develop
an agreement with a private school to participate in interscholastic extracurricular activities at the private
school if the activity is not offered at the charter school that the student attends and the student meets existing
conditions for participation as provided for by law. Similarly, the bill authorizes a Florida Virtual School full-time
student to develop an agreement with a private school to participate in interscholastic extracurricular activities
at the private school if the student meets existing conditions for participation as provided for by law.
The bill does not have a fiscal impact.
The bill has an effective date of July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
Student Extracurricular Activities and Athletics
Florida law outlines numerous standards and requirements relating to student extracurricular activities
and athletics.1 Current law provides that “eligible to participate,” for purposes of extracurricular activities
and athletics, includes a student participating in tryouts, off-season conditioning, summer workouts,
preseason conditioning, in-season practice, or contests.2 Additionally, a student must satisfy the
following requirements to be deemed eligible to participate: 3
Maintain a grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the previous
semester or a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent,
in the courses required for a standard high school diploma.
Execute and fulfill the requirements of an academic performance contract between the student,
the district school board, the appropriate governing association, and the student’s parents, if the
student’s cumulative grade point average falls below 2.0, or its equivalent, on a 4.0 scale in the
courses required for a standard high school diploma. 4
Have a cumulative grade point average of 2.0 or above on a 4.0 scale, or its equivalent, in the
courses required for a standard high school diploma during their junior or senior year.
Maintain satisfactory conduct, including adherence to appropriate dress and other codes of
student conduct.5
Any student who is exempt from attending a full school day based on rules adopted by the district
school board must maintain the grade point average required of full school day students and pass each
class for which he or she is enrolled.6
Any entity that governs interscholastic extracurricular activities of public schools is prohibited from
discriminating against any eligible student based on their education choice of public, private, or home
education.7 No public school may join an organization that regulates interscholastic activities and
discriminates against otherwise eligible students in public, private, or home education. 8
Home Education Student’s Participation in Extracurricular Activities
Students participating in a home education program may be eligible to participate in extracurricular
activities at a Florida public school or private school. 9 Current law permits a home education program
student to participate at the public school to which the student would be assigned according to district
school board attendance area policies, any public school that the student could choose to attend
pursuant to Florida’s controlled open enrollment processes, or a private school, subject to an
1 See Chapter 1006, Part 1, Section D, F.S.
2 Section 1006.15(3)(a), F.S.
3 Id.
4 Any such academic performance contract must, at a minimum, require that the student attend summer school between grades 9 and
10 or grades 10 and 11, as appropriate. Section 1006.15(3)(a)2., F.S.
5 Continued participation in extracurricular activities by a student convicted of a felony or a delinquent act that would be a felony if
committed by an adult, regardless of whether adjudication is withheld, shall be governed by published school district policie s. Section
1006.15(3)(a)4., F.S.
6 Section 1006.15(3)(b), F.S. Examples of such programs include double session schools or programs, experimental schools, or
schools operating under emergency conditions.
7 Section 1006.15(5), F.S.
8 Section 1006.15(6), F.S.
9 Section 1006.15(3)(c), F.S.
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agreement with that private school.10 A home education program student’s participation is subject to the
following conditions:11
The home education student satisfies the requirements of Florida’s home education program.
During the period of participation at a school, the home education student demonstrates
educational progress.
The home education student meets the same residency requirements as other students in the
school at which he or she participates.
The home education student meets the same standards of acceptance, behavior, and
performance as required of other students in extracurricular activities.
The student registers with the school his or her intent to participate in interscholastic
extracurricular activities before participation.12
Charter School Student’s Participation in Extracurricular Activities
A student attending a public charter school may participate in any interscholastic extracurricular activity
at the public school to which the student would be assigned according to district school board
attendance area policies or which the student could choose to attend pursuant to Florida’s controlled
open enrollment processes, provided that the activity is not offered by the charter school the student
attends, if the student:13
Meets the requirements of the charter school education program as determined by the charter
school governing board.
Demonstrates educational progress.
Meets the same residency requirements as other students in the school at which he or she
participates.
Meets the same standards of acceptance, behavior, and performance that are required of other
students in extracurricular activities.
Registers his or her intent to participate in interscholastic extracurricular activities with the
school before participation.14
Charter school students are neither expressly authorized nor prohibited from entering into agreements
with private schools to participate in interscholastic extracurricular activities. However, because home
education students are expressly authorized to enter into such agreements, the statute has been
interpreted to prohibit use of these agreements by charter school students.
Florida Virtual School Student’s Participation in Extracurricular Activities
A student of the Florida Virtual School full-time program may participate in any interscholastic
extracurricular activity at the public school to which the student would be assigned according to district
school board attendance area policies or which the student could choose to attend pursuant to Florida’s
controlled open enrollment processes, if the student: 15
During the period of participation at the school, meets the grade point average and student
conduct requirements generally required for students to be “eligible to participate.”
Meets any requirements established by the board of trustees of the Florida Virtual School.
Meets the same residency requirements as other students in the school at which he or she
participates.
Meets the same standards of acceptance, behavior, and performance that are required of other
students in extracurricular activities.
10 Id.
11 Id.
12 The school at which the home education program student participates in an extracurricular activity must permit the student to
participate in any curricular activities necessary for full participation in the extracurricular activity. Section 1006.15(3) (c)5., F.S.
13 Section 1006.15(3)(d), F.S.
14 The school at which the charter school student participates in an extracurricular activity must permit the student to participate in any
curricular activities necessary for full participation in the extracurricular activity. Section 1006.15(3)(d)5., F.S.
15 Section 1006.15(3)(e), F.S.
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Registers his or her intent to participate in interscholastic extracurricular activities with the
school before participation.16
Effect of Proposed Changes
The bill provides an additional option for a charter school student to participate in interscholastic
extracurricular activities. The bill authorizes a charter school student to develop an agreement with a
private school to participate in interscholastic extracurricular activities at the private school if the activity
is not offered at the charter school that the student attends and the student meets existing conditions
for participation as provided for by law. Additionally, the bill authorizes a Florida Virtual School full-time
student to develop an agreement with a private school to participate in interscholastic extracurricular
activities at the private school if the student meets existing conditions for participation as provided for
by law.
The bill does not require that a private school enter into such an agreement, but simply authorizes a
charter school student or Florida Virtual School full time student to create such an agreement. This
additional option for charter school students and Florida Virtual School full time students mirrors the
existing opportunities afforded to Florida’s home education students.
B. SECTION DIRECTORY:
Section 1: Amends s. 1002.20, F.S.; authorizing certain Florida Virtual School full-time students
and charter school students to participate in interscholastic extracurricular activities at a
private school under certain circumstances.
Section 2: Amends s. 1002.33, F.S.; authorizing a charter school student to participate in
interscholastic extracurricular activities at a private school under certain circumstances.
Section 3: Amends s. 1006.15, F.S.; authorizing certain Florida Virtual School students and charter
school students to participate in interscholastic extracurricular activities at a private
school under certain circumstances.
Section 4: Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
16The school at which the Florida Virtual School student participates in an extracurricular activity must permit the student to
participate in any curricular activities necessary for full participation in the extracurricular activity. Section 1006.15(3)(e)5., F.S.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
Subject to the terms of the agreement between the charter school student or Florida Virtual School full-
time student and the private school, the charter school student may be responsible for participation,
equipment, or other similar fees required by the private school for participation in interscholastic
extracurricular activities.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 9, 2023, the Choice & Innovation Subcommittee adopted one amendment and reported the bill
favorably as a committee substitute. The amendment authorized Florida Virtual School full-time students to
enter into agreements with private schools to participate in extracurricular activities and athletics.
This analysis is drafted to the committee substitute as passed by the Choice & Innovation Subcommittee.
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Statutes affected: H 259 Filed: 1002.33, 1006.15
H 259 c1: 1002.33