Florida Senate - 2014 SB 778
By Senator Bullard
39-00192A-14 2014778__
1 A bill to be entitled
2 An act relating to student discipline; creating s.
3 1006.01, F.S.; providing definitions; amending s.
4 1006.07, F.S.; revising the duties of the district
5 school boards relating to student discipline and
6 school safety; requiring school districts to adopt
7 standards for intervention, rather than a code of
8 student conduct, which standards include certain
9 requirements; amending s. 1006.12, F.S.; revising the
10 qualifications of a school resource officer and school
11 safety officer; authorizing a school resource officer
12 and school safety officer to arrest a student only for
13 certain violations of law; authorizing a school
14 resource officer and a school safety officer to make
15 an arrest only after certain circumstances occur;
16 requiring the school resource officer and school
17 safety officer to immediately notify the principal or
18 the principal’s designee if the officer arrests a
19 student in a school-related incident; prohibiting a
20 student from being arrested or referred to the
21 criminal justice system or juvenile justice system for
22 petty acts of misconduct; providing an exception;
23 requiring written documentation of certain
24 determinations; requiring a law enforcement agency
25 that serves a school district to enter into
26 cooperative agreements with the district school board,
27 ensure the training of school resource officers and
28 safety officers as specified, and develop guidelines
29 for the selection of such officers; amending s.
30 1006.13, F.S.; requiring each district school board to
31 adopt a policy on referrals to the criminal justice
32 system or the juvenile justice system, rather than a
33 policy of zero-tolerance for crime and victimization;
34 revising and providing requirements for a policy on
35 referrals to the criminal justice system or the
36 juvenile justice system; providing that a school’s
37 authority and discretion to use other disciplinary
38 consequences and interventions is not limited by the
39 act; conforming terminology; requiring each district
40 school board, in collaboration with students,
41 educators, parents, and stakeholders, to enter into
42 cooperative agreements with a county sheriff’s office
43 and a local police department for specified purposes;
44 revising the requirements for these agreements;
45 requiring each school district to annually review the
46 cost, effectiveness, and necessity of its school
47 safety programs and submit findings to the Department
48 of Education; requiring a school district to arrange
49 and pay for transportation for a student in certain
50 circumstances; requiring, rather than encouraging, a
51 school district to use alternatives to expulsion or
52 referral to a law enforcement agency unless the use of
53 such alternatives poses a threat to school safety;
54 requiring each school district to submit to the
55 Department of Education its policies and agreements;
56 requiring the department to develop by a specified
57 date a model policy for referrals to the criminal
58 justice system or the juvenile justice system;
59 requiring the Commissioner of Education to report by a
60 specified date each year to the Governor and the
61 Legislature on the implementation of policies on
62 referrals to the criminal justice system or the
63 juvenile justice system; amending ss. 1002.20,
64 1002.23, 1003.32, 1006.09, 1006.147, and 1006.15,
65 F.S.; conforming cross-references and provisions to
66 changes made by the act; providing an effective date.
67
68 Be It Enacted by the Legislature of the State of Florida:
69
70 Section 1. Section 1006.01, Florida Statutes, is created to
71 read:
72 1006.01 Definitions.—As used in part I of this chapter, the
73 term:
74 (1) “Exclusionary consequence” means a consequence of a
75 student’s serious breach of the standards for intervention which
76 results in the student’s being barred from attending school.
77 (2) “Exclusionary discipline” means a disciplinary,
78 punitive practice that removes a student from instruction time
79 in the student’s regular classrooms, including in-school
80 suspension during class time, out-of-school suspension, transfer
81 to an alternative school, and expulsion. Absences due to
82 exclusionary discipline are considered excused absences.
83 (3) “Restorative circle” means a space, guided by at least
84 one individual who ensures that each participant has an equal
85 opportunity to speak, in which participants take turns speaking
86 about a topic and using a talking piece, a physical object that
87 is used to assist communication between participants.
88 (4) “Restorative group conferencing” means an intervention
89 in which a facilitator leads the individuals who were involved
90 in an incident, whether they were harmed or caused the harm, as
91 well as their families or other supporters, in a face-to-face
92 process. This process aims to address the harm, resolve any
93 conflict, and prevent recurrence of the harm based on the ideas
94 of restorative justice practices and mutual accountability.
95 (5) “Restorative justice” means an intervening approach to
96 justice which addresses root causes of harm caused or revealed
97 by unjust behavior by emphasizing repair of the harm and giving
98 equal attention to accountability, growth, community safety, the
99 harmed student’s needs, and the offender’s needs.
100 Section 2. Section 1006.07, Florida Statutes, is amended to
101 read:
102 1006.07 District school board duties relating to student
103 discipline and school safety.—The district school board shall
104 provide for the proper accounting for all students, for the
105 attendance and control of students at school, for the creation
106 of a safe and effective learning environment, regardless of the
107 student’s race, ethnicity, religion, disability, sexual
108 orientation, or gender identity, and for the proper attention to
109 health, safety, and other matters relating to the welfare of
110 students, including the use of:
111 (1) INTERVENTIONS FOR AND DISCIPLINE CONTROL OF STUDENTS.
112 Each school district shall:
113 (a) Adopt rules for the control, discipline, in-school
114 suspension, suspension, and expulsion of students and decide all
115 cases recommended for expulsion. Suspension hearings are exempt
116 exempted from the provisions of chapter 120. Expulsion hearings
117 are shall be governed by ss. 120.569 and 120.57(2) and are
118 exempt from s. 286.011. However, the student’s parent must be
119 given notice of the provisions of s. 286.011 and may elect to
120 have the hearing held in compliance with that section. The
121 district school board may prohibit the use of corporal
122 punishment, if the district school board adopts or has adopted a
123 written program of alternative control or discipline. In order
124 to fulfill the paramount duty of this state to make adequate
125 provisions for the education of all children residing within its
126 borders in accordance with s. 1, Art. IX of the State
127 Constitution, the district school board shall make every effort
128 to reduce exclusionary discipline for minor behavior.
129 (b) Require each student at the time of initial
130 registration for school in the school district to note previous
131 school expulsions, arrests resulting in a charge, and juvenile
132 justice actions the student has had, and have the authority as
133 the district school board of a receiving school district to
134 honor the final order of expulsion or dismissal of a student by
135 any in-state or out-of-state public district school board or
136 private school, or lab school, for an act that which would have
137 been grounds for expulsion according to the receiving district
138 school board’s standards for intervention code of student
139 conduct, in accordance with the following procedures:
140 1. A final order of expulsion shall be recorded in the
141 records of the receiving school district.
142 2. The expelled student applying for admission to the
143 receiving school district shall be advised of the final order of
144 expulsion.
145 3. The district school superintendent of the receiving
146 school district may recommend to the district school board that
147 the final order of expulsion be waived and the student be
148 admitted to the school district, or that the final order of
149 expulsion be honored and the student not be admitted to the
150 school district. If the student is admitted by the district
151 school board, with or without the recommendation of the district
152 school superintendent, the student may be placed in an
153 appropriate educational program at the direction of the district
154 school board.
155 (2) STANDARDS FOR INTERVENTION CODE OF STUDENT CONDUCT.
156 Each school district shall adopt clear standards for
157 intervention, formerly known as a code of student conduct, which
158 create a safe, supportive, and positive school climate and which
159 address misbehavior with interventions and consequences aimed at
160 understanding and addressing the causes of misbehavior,
161 resolving conflicts, meeting students’ needs, and keeping
162 students in school and teaching them to respond in age
163 appropriate ways a code of student conduct for elementary
164 schools and a code of student conduct for middle and high
165 schools and distribute the appropriate code to all teachers,
166 school personnel, students, and parents, at the beginning of
167 every school year. The process for adopting standards for
168 intervention must include meaningful involvement with parents,
169 students, teachers, and the community. The standards for
170 intervention must be organized and written in language that is
171 understandable to students and parents and translated into all
172 languages represented by the students and their parents;
173 discussed at the beginning of every school year in student
174 classes, school advisory council meetings, and parent and
175 teacher association or organization meetings; made available at
176 the beginning of every school year in the student handbook or
177 similar publication distributed to all teachers, school
178 personnel, students, and parents; and posted online. The
179 standards for intervention must Each code shall be organized and
180 written in language that is understandable to students and
181 parents and shall be discussed at the beginning of every school
182 year in student classes, school advisory council meetings, and
183 parent and teacher association or organization meetings. Each
184 code shall be based on the rules governing student conduct and
185 discipline adopted by the district school board and shall be
186 made available in the student handbook or similar publication.
187 Each code shall include, but need is not be limited to, the
188 following:
189 (a) Consistent policies and specific grounds for
190 disciplinary action, including in-school suspension, out-of
191 school suspension, expulsion, interventions, supports, and any
192 disciplinary action that may be imposed for the possession or
193 use of alcohol on school property or while attending a school
194 function or for the illegal use, sale, or possession of
195 controlled substances as defined in chapter 893.
196 (b) Procedures to be followed for acts requiring
197 discipline, including corporal punishment.
198 (c) A discipline chart or matrix that indicates that a
199 student is not subject to exclusionary discipline for unexcused
200 tardiness, lateness, absence, or truancy; for violation of the
201 school dress code or rules regarding school uniforms; or for
202 behavior infractions that do not endanger the physical safety of
203 other students or staff members, including, but not limited to,
204 insubordination, defiance, disobedience, disrespect, or minor
205 classroom disruptions. The discipline chart or matrix must also:
206 1. Provide guidance on appropriate interventions and
207 consequences to be applied to behaviors or behavior categories
208 as provided in subparagraph 2. The school district may define
209 specific interventions and provide a list of interventions that
210 must be used and documented before exclusionary discipline is
211 considered unless a behavior poses a serious threat to school
212 safety. The interventions may include, but are not limited to:
213 a. Having a private conversation with the student about his
214 or her behavior and underlying issues that may have precipitated
215 the behavior.
216 b. Providing an opportunity for the student’s anger, fear,
217 or anxiety to subside.
218 c. Providing restorative justice practices using a
219 schoolwide approach of informal and formal techniques to build a
220 sense of school community and to manage conflict by repairing
221 harm and restoring positive relationships.
222 d. Providing reflective activities, such as requiring the
223 student to write an essay about his or her behavior.
224 e. Participating in skill building and conflict resolution
225 activities, such as social-emotional cognitive skill building,
226 restorative circles, and restorative group conferencing.
227 f. Revoking student privileges.
228 g. Referring a student to a school counselor or social
229 worker.
230 h. Speaking to a student’s parent.
231 i. Referring a student to intervention outside the school
232 setting.
233 j. Ordering in-school detention or in-school suspension
234 during lunch, after school, or on the weekends.
235 2. Outline specific behaviors or behavior categories. Each
236 behavior or behavior category must include clear maximum
237 consequences to prevent inappropriate exclusionary consequences
238 for minor misbehavior and set clear requirements that must be
239 satisfied before imposing exclusionary discipline. The chart or
240 matrix must show that exclusionary discipline is a last resort
241 to be used only in cases of serious misconduct when in-school
242 interventions and consequences that do not lead to exclusionary
243 consequences are insufficient. The following behaviors, which
244 must be accompanied by appropriate intervention services, such
245 as substance abuse counseling, anger management counseling, or
246 restorative justice practices, may result in exclusionary
247 discipline and in notification of a law enforcement agency if
248 the behavior is a felony or a serious threat to school safety:
249 a. Illegal sale of a controlled substance, as defined in
250 chapter 893, by a student on school property or in attendance at
251 a school function.
252 b. Violation of the district school board’s sexual
253 harassment policy.
254 c. Possession, display, transmission, use, or sale of a
255 firearm or weapon, as defined in s. 790.001 or 18 U.S.C. s. 921,
256 or an object that is used as, or is intended to function as, a
257 weapon, while on school property or in attendance at a school
258 function.
259 d. Making a threat or false report, as provided in ss.
260 790.162 and 790.163, respectively.
261 e. Homicide.
262 f. Sexual battery.
263 g. Armed robbery.
264 h. Aggravated battery.
265 i. Battery or aggravated battery on a teacher, other school
266 personnel, or district school board personnel.
267 j. Kidnapping.
268 k. Arson.
269 (d) A glossary of clearly defined terms and behaviors.
270 (e) An explanation of the responsibilities, dignity, and
271 rights of and respect for students, including, but not limited
272 to, a student’s right not to be discriminated against based on
273 race, ethnicity, religion, disability, sexual orientation, or
274 gender identity; a student’s right to participate in student
275 publications, school programs, and school activities; and a
276 student’s right to exercise free speech, to assemble, and to
277 maintain privacy.
278 (f) An explanation of the school’s dress code or rules
279 regarding school uniforms and notice that students have the
280 right to dress in accordance with their stated gender within the
281 constraints of the school’s dress code.
282 (g) Notice that violation of transportation policies of a
283 district school board by a student, including disruptive
284 behavior on a school bus or at a school bus stop, is grounds for
285 disciplinary action by the school.
286 (h) Notice that a student who is determined to have brought
287 a weapon or firearm, as defined in s. 790.001 or 18 U.S.C. s.
288 921, to school, to a school function, or onto school-sponsored
289 transportation, or to have possessed a weapon or firearm at
290 school, will be expelled from the student’s regular school for
291 at least 1 full year and referred to the criminal justice system
292 or juvenile justice system; and notice that a district school
293 superintendent may consider the requirement of 1-year expulsion
294 on a case-by-case basis and may request the district school
295 board to modify the requirement by assigning the student to a
296 disciplinary program or second chance school if:
297 1. The request for modification is in writing; and
298 2. The modification is determined to be in the best
299 interest of the student and the school district.
300 (i) Notice that a student who is determined to have made a
301 threat or false report, as provided in ss. 790.162 and 790.163,
302 respectively, involving the school’s or school personnel’s
303 property, school transportation, or a school-sponsored activity
304 may be expelled, with continuing educational services, from the
305 student’s regular school for at least 1 full year and referred
306 to the criminal justice system or juvenile justice system; and
307 notice that a district school superintendent may consider the
308 requirement of 1-year expulsion on a case-by-case basis and may
309 request the district school board to modify the requirement by
310 assigning the student to a disciplinary program or second chance
311 school if:
312 1. The request for modification is in writing; and
313 2. The modification is determined to be in the best
314 interest of the student and the school district.
315 (j) A clear and complete explanation of due process rights
316 afforded to a student, including a student with a disability,
317 and the types of exclusionary discipline to which a student may
318 be subjected.
319 (c) An explanation of the responsibilities and rights of
320 students with regard to attendance, respect for persons and
321 property, knowledge and observation of rules of conduct, the
322 right to learn, free speech and student publications, assembly,
323 privacy, and participation in school programs and activities.
324 (d)1. An explanation of the responsibilities of each
325 student with regard to appropriate dress, respect for self and
326 others, and the role that appropriate dress and respect for self
327 and others has on an orderly learning environment. Each district
328 school board shall adopt a dress code policy that prohibits a
329 student, while on the grounds of a public school during the
330 regular school day, from wearing clothing that exposes underwear
331 or body parts in an indecent or vulgar manner or that disrupts
332 the orderly learning environment.
333 2. Any student who violates the dress policy described in
334 subparagraph 1. is subject to the following disciplinary
335 actions:
336 a. For a first offense, a student shall be given a verbal
337 warning and the school principal shall call the student’s parent
338 or guardian.
339 b. For a second offense, the student is ineligible to
340 participate in any extracurricular activity for a period of time
341 not to exceed 5 days and the school principal shall meet with
342 the student’s parent or guardian.
343 c. For a third or subsequent offense, a student shall
344 receive an in-school suspension pursuant to s. 1003.01(5) for a
345 period not to exceed 3 days, the student is ineligible to
346 participate in any extracurricular activity for a period not to
347 exceed 30 days, and the school principal shall call the
348 student’s parent or guardian and send the parent or guardian a
349 written letter regarding the student’s in-school suspension and
350 ineligibility to participate in extracurricular activities.
351 (e) Notice that illegal use, possession, or sale of
352 controlled substances, as defined in chapter 893, by any student
353 while the student is upon school property or in attendance at a
354 school function is grounds for disciplinary action by the school
355 and may also result in criminal penalties being imposed.
356 (f) Notice that use of a wireless communications device
357 includes the possibility of the imposition of disciplinary
358 action by the school or criminal penalties if the device is used
359 in a criminal act. A student may possess a wireless
360 communications device while the student is on school property or
361 in attendance at a school function. Each district school board
362 shall adopt rules governing the use of a wireless communications
363 device by a student while the student is on school property or
364 in attendance at a school function.
365 (g) Notice that the possession of a firearm or weapon as
366 defined in chapter 790 by any student while the student is on
367 school property or in attendance at a school function is grounds
368 for disciplinary action and may also result in criminal
369 prosecution.
370 (h) Notice that violence against any district school board
371 personnel by a student is grounds for in-school suspension, out
372 of-school suspension, expulsion, or imposition of other
373 disciplinary action by the school and may also result in
374 criminal penalties being imposed.
375 (i) Notice that violation of district school board
376 transportation policies, including disruptive behavior on a
377 school bus or at a school bus stop, by a student is grounds for
378 suspension of the student’s privilege of riding on a school bus
379 and may be grounds for disciplinary action by the school and may
380 also result in criminal penalties being imposed.
381 (j) Notice that violation of the district school board’s
382 sexual harassment policy by a student is grounds for in-school
383 suspension, out-of-school suspension, expulsion, or imposition
384 of other disciplinary action by the school and may also result
385 in criminal penalties being imposed.
386 (k) Policies to be followed for the assignment of violent
387 or disruptive students to an alternative educational program.
388 (l) Notice that any student who is determined to have
389 brought a firearm or weapon, as defined in chapter 790, to
390 school, to any school function, or onto any school-sponsored
391 transportation, or to have possessed a firearm at school, will
392 be expelled, with or without continuing educational services,
393 from the student’s regular school for a period of not less than
394 1 full year and referred to the criminal justice or juvenile
395 justice system. District school boards may assign the student to
396 a disciplinary program or second chance school for the purpose
397 of continuing educational services during the period of
398 expulsion. District school superintendents may consider the 1
399 year expulsion requirement on a case-by-case basis and request
400 the district school board to modify the requirement by assigning
401 the student to a disciplinary program or second chance school if
402 the request for modification is in writing and it is determined
403 to be in the best interest of the student and the school system.
404 (m) Notice that any student who is determined to have made
405 a threat or false report, as defined by ss. 790.162 and 790.163,
406 respectively, involving school or school personnel’s property,
407 school transportation, or a school-sponsored activity will be
408 expelled, with or without continuing educational services, from
409 the student’s regular school for a period of not less than 1
410 full year and referred for criminal prosecution. District school
411 boards may assign the student to a disciplinary program or
412 second chance school for the purpose of continuing educational
413 services during the period of expulsion. District school
414 superintendents may consider the 1-year expulsion requirement on
415 a case-by-case basis and request the district school board to
416 modify the requirement by assigning the student to a
417 disciplinary program or second chance school if it is determined
418 to be in the best interest of the student and the school system.
419 (3) COMMUNITY INVOLVEMENT IN POLICY CREATION STUDENT CRIME
420 WATCH PROGRAM.—Each school district shall ensure meaningful
421 involvement with parents, students, teachers, and the community
422 in creating and applying policies regarding student discipline
423 and school safety By resolution of the district school board,
424 implement a student crime watch program to promote
425 responsibility among students and to assist in the control of
426 criminal behavior within the schools.
427 (4) EMERGENCY DRILLS AND; EMERGENCY PROCEDURES.—Each school
428 district shall:
429 (a) Formulate and prescribe policies and procedures for
430 emergency drills and for actual emergencies, including, but not
431 limited to, fires, natural disasters, and bomb threats, for all
432 the public schools of the district which comprise grades K-12.
433 District school board policies must shall include commonly used
434 alarm system responses for specific types of emergencies and
435 verification by each school that drills have been provided as
436 required by law and fire protection codes. The emergency
437 response agency that is responsible for notifying the school
438 district for each type of emergency must be listed in the
439 district’s emergency response policy.
440 (b) Establish model emergency management and emergency
441 preparedness procedures, including emergency notification
442 procedures pursuant to paragraph (a), for the following life
443 threatening emergencies:
444 1. Weapon-use and hostage situations.
445 2. Hazardous materials or toxic chemical spills.
446 3. Weather emergencies, including hurricanes, tornadoes,
447 and severe storms.
448 4. Exposure as a result of a manmade emergency.
449 (5) EDUCATIONAL SERVICES IN DETENTION FACILITIES.—Each
450 school district shall offer educational services to minors who
451 have not graduated from high school and eligible students with
452 disabilities under the age of 22 who have not graduated with a
453 standard diploma or its equivalent who are detained in a county
454 or municipal detention facility as defined in s. 951.23. These
455 educational services must shall be based upon the estimated
456 length of time the student will be in the facility and the
457 student’s current level of functioning. A county sheriff or
458 chief correctional officer, or his or her designee, shall notify
459 a district school superintendent, superintendents or his or her
460 designee their designees shall be notified by the county sheriff
461 or chief correctional officer, or his or her designee, when upon
462 the assignment of a student under the age of 21 is assigned to
463 the facility. A cooperative agreement with the district school
464 board and applicable law enforcement units shall develop a
465 cooperative agreement be developed to address the notification
466 requirement and the provision of educational services to such
467 these students.
468 (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
469 district shall use the Safety and Security Best Practices
470 developed by the Office of Program Policy Analysis and
471 Government Accountability to conduct a self-assessment of the
472 school districts’ current safety and security practices. Based
473 on these self-assessment findings, the district school
474 superintendent shall provide recommendations to the district
475 school board which identify strategies and activities that the
476 district school board should implement in order to improve
477 school safety and security. Annually Each district school board
478 must annually receive the self-assessment results at a publicly
479 noticed district school board meeting to provide the public an
480 opportunity to hear the district school board members discuss
481 and take action on the report findings. Each district school
482 superintendent shall report the self-assessment results and
483 school board action to the commissioner within 30 days after the
484 district school board meeting.
485 (7) RESTORATIVE JUSTICE PRACTICES.—Each school district
486 shall provide funding for, train school staff members on, and
487 support the implementation of school-based restorative justice
488 practices. These practices shall be used to build a sense of
489 school community and to resolve conflict by reporting harm and
490 restoring positive relationships. There are many different ways
491 to use these practices in schools and the juvenile justice
492 system where students and educators work together to set
493 academic goals, develop core values for the classroom community,
494 and resolve conflicts. Many types of restorative justice
495 practices, such as restorative circles, may be used to promote a
496 positive learning environment and to deal with issues as they
497 arise. Some main restorative circles that schools use for
498 discipline may include, but need not be limited to:
499 (a) Discipline circles that address the harm that occurred,
500 repair the harm, and develop solutions to prevent recurrence of
501 the harm among the relevant parties.
502 (b) Proactive behavior management circles that use role
503 play to develop positive behavioral models for students.
504 (8) SUPPORT STAFF.—Each school district shall provide
505 funding to hire staff members to improve school climate and
506 safety, such as social workers, counselors, and restorative
507 justice coordinators, at the nationally recommended ratio of 250
508 students to 1 counselor in order to reduce dependency on school
509 safety officers, school resource officers, and other school
510 resources.
511 (9) SURVEYS.—Each school district shall annually survey
512 parents, students, and teachers regarding school safety and
513 disciplinary issues.
514 Section 3. Section 1006.12, Florida Statutes, is amended to
515 read:
516 1006.12 School resource officers and school safety
517 officers.—
518 (1) A district school board boards may establish a school
519 resource officer program programs, through a cooperative
520 agreement with a law enforcement agency agencies or in
521 accordance with subsection (2).
522 (a) Each school resource officer must officers shall be a
523 certified law enforcement officer officers, as defined in s.
524 943.10(1), and who are employed for at least 2 years by a law
525 enforcement agency as defined in s. 943.10(4). The powers and
526 duties of a law enforcement officer shall continue throughout
527 the employee’s tenure as a school resource officer.
528 (b) A school resource officer officers shall abide by
529 district school board policies and shall consult with and
530 coordinate activities through the school principal, but is shall
531 be responsible to the law enforcement agency in all matters
532 relating to employment, subject to agreements between a district
533 school board and the a law enforcement agency. A school resource
534 officer’s activities that conducted by the school resource
535 officer which are part of the regular instructional program of
536 the school are shall be under the direction of the school
537 principal.
538 (c) A school resource officer may arrest a student only for
539 a violation of law which constitutes a serious threat to school
540 safety and only after consultation with the school principal or
541 the principal’s designee, documented attempts at intervention or
542 in-school consequences, and pursuant to the standards for
543 intervention and the cooperative agreement as described in ss.
544 1006.07 and 1006.13, respectively. If a school resource officer
545 arrests a student in a school-related incident, the officer
546 shall immediately notify the principal or the principal’s
547 designee. A school resource officer may not arrest or otherwise
548 refer a student to the criminal justice system or the juvenile
549 justice system for a petty act of misconduct unless it is
550 determined that the failure to do so would endanger the physical
551 safety of other students or staff within the school. Such
552 determination must be documented in a written report that
553 includes a description of the behavior at issue and an
554 explanation of why an arrest or referral was necessary.
555 (2)(a) Each school safety officer must officers shall be a
556 law enforcement officer officers, as defined in s. 943.10(1),
557 certified under the provisions of chapter 943 and employed for
558 at least 2 years by either a law enforcement agency or by the
559 district school board. If the officer is employed by the
560 district school board, the district school board is the
561 employing agency for purposes of chapter 943, and must comply
562 with the provisions of that chapter.
563 (b) A district school board may commission one or more
564 school safety officers for the protection and safety of school
565 personnel, property, and students within the school district.
566 The district school superintendent may recommend and the
567 district school board may appoint one or more school safety
568 officers.
569 (c) A school safety officer may has and shall exercise the
570 power to make arrests for violations of law on district school
571 board property and to arrest persons, whether on or off such
572 property, who violate any law on such property under the same
573 conditions that deputy sheriffs are authorized to make arrests.
574 A school safety officer may arrest a student only for a
575 violation of law that constitutes a serious threat to school
576 safety and only after consultation with the school principal or
577 the principal’s designee, documented attempts at intervention or
578 in-school consequences, and pursuant to the standards for
579 intervention and the cooperative agreement as described in ss.
580 1006.07 and 1006.13, respectively. If a school safety officer
581 arrests a student in a school-related incident, the officer
582 shall immediately notify the principal or the principal’s
583 designee. A school safety officer may not arrest or otherwise
584 refer a student to the criminal justice system or the juvenile
585 justice system for a petty act of misconduct unless it is
586 determined that the failure to do so would endanger the physical
587 safety of other students or staff within the school. Such
588 determination must be documented in a written report that
589 includes a description of the behavior at issue and an
590 explanation of why an arrest or referral was necessary A school
591 safety officer has the authority to carry weapons when
592 performing his or her official duties.
593 (d) A district school board may enter into mutual aid
594 agreements with one or more law enforcement agencies as provided
595 in chapter 23. A school safety officer’s salary may be paid
596 jointly by the district school board and the law enforcement
597 agency, as mutually agreed to.
598 (3) Each law enforcement agency serving a school district
599 shall do all of the following:
600 (a) Enter into a cooperative agreement with the district
601 school board pursuant to s. 1006.13.
602 (b) Ensure that each school resource officer and school
603 safety officer is trained in appropriate and positive
604 interactions with students in different stages of mental,
605 emotional, and physical development and on the range of
606 interventions and school-based consequences that should be used
607 to avoid an arrest. Training must include, but need not be
608 limited to, topics regarding child and adolescent development
609 and psychology; instruction on teaching students how to respond
610 in age-appropriate ways; cultural competence; implicit bias;
611 restorative justice practices; rights of students with
612 disabilities and appropriate responses to their behaviors;
613 practices that improve school climate; and the creation of safe
614 environments for lesbian, gay, bisexual, and transgender
615 students.
616 (c) Develop clear guidelines for selecting qualified school
617 safety officers and school resource officers who have a passion
618 for and are suited to interacting positively with students and
619 who do not have a history of excessive force or racial bias.
620 Section 4. Section 1006.13, Florida Statutes, is amended to
621 read:
622 1006.13 Policy on referrals to the criminal justice system
623 or the juvenile justice system of zero tolerance for crime and
624 victimization.—
625 (1) It is the intent of the Legislature to promote a safe
626 and supportive learning environment in schools, to protect
627 students and staff from conduct that poses a serious threat to
628 school safety, and to encourage schools to use alternatives to
629 expulsion or referral to law enforcement agencies by addressing
630 disruptive behavior through restitution, civil citation, teen
631 court, neighborhood restorative justice, or similar programs.
632 The Legislature finds that referrals to the criminal justice
633 system or the juvenile justice system zero-tolerance policies
634 are not intended to be rigorously applied to petty acts of
635 misconduct and misdemeanors, including, but not limited to,
636 minor fights or disturbances. The Legislature finds that zero
637 tolerance policies on referrals to the criminal justice system
638 or the juvenile justice system must apply equally to all
639 students regardless of their economic status, race, or
640 disability.
641 (2) Each district school board shall adopt a policy on
642 referrals to the criminal justice system or the juvenile justice
643 system which of zero tolerance that:
644 (a) Defines criteria for reporting to a law enforcement
645 agency any act that occurs whenever or wherever students are
646 within the jurisdiction of the district school board and that
647 poses a serious threat to school safety. An act that does not
648 pose a serious threat to school safety must be handled within
649 the school’s discipline system.
650 (b) Defines acts that pose a serious threat to school
651 safety, including, but not limited to, homicide; sexual battery;
652 armed robbery; aggravated battery; battery or aggravated battery
653 on a teacher or other school personnel; kidnapping; arson;
654 possession, display, transmission, use, or sale of a firearm or
655 weapon as defined in s. 790.001 or 18 U.S.C. s. 921, or an
656 object that is used as, or is intended to function as, a weapon,
657 while the student is on school property, in attendance at a
658 school function, in a school vehicle, or at a school bus stop;
659 making a threat or intimidation using any pointed or sharp
660 object or the use of any substance or object as a weapon with
661 the threat or intent to inflict bodily harm; and making a threat
662 or deliberate false report of an explosive or destructive
663 device.
664 (c) Defines petty acts of misconduct, including, but not
665 limited to, behavior that could amount to the misdemeanor
666 criminal charges of disorderly conduct, disturbing a school
667 function, trespassing, loitering, simple assault or battery,
668 affray, theft of less than $300, vandalism of less than $1,000,
669 criminal mischief, and other behavior that does not pose a
670 serious threat to school safety.
671 (d) Specifies that students not be arrested or otherwise
672 referred to the criminal justice system or the juvenile justice
673 system for petty acts of misconduct unless it is determined that
674 the failure to do so would endanger the physical safety of other
675 students or staff within the school. Such determination must be
676 documented in a written report that includes a description of
677 the behavior at issue and an explanation of why an arrest or
678 referral was necessary.
679 (e)(d) Minimizes the victimization of students, staff, or
680 volunteers, including taking all steps necessary to protect the
681 victim of any violent crime from any further victimization.
682 (f)(e) Establishes a procedure that provides each student
683 with the opportunity for a review of the disciplinary action
684 imposed pursuant to s. 1006.07.
685 (g) Establishes data-sharing protocols so that each school
686 district receives, at least twice a year, a report on the number
687 of school-based arrests of students. All data must be
688 disaggregated by race, ethnicity, gender, school, offense, and
689 the name of the law enforcement officer involved and match the
690 school district’s records on grade, disability, and status as a
691 limited-English-proficient student.
692 (h) Clearly limits the role of law enforcement intervention
693 to serious threats to school safety and delineates clear roles
694 in which school principals and their designees, under the
695 constraints of the standards for intervention as described in s.
696 1006.07 and other district policies, are the final decision
697 makers on disciplinary consequences, including referrals to law
698 enforcement agencies.
699 (3) This section does not a limit a school’s authority and
700 discretion under law to use other disciplinary consequences and
701 interventions as appropriate to address school-based incidents.
702 (4)(3) The policy on referrals to the criminal justice
703 system or the juvenile justice system Zero-tolerance policies
704 must require a student who is students found to have committed
705 one of the following offenses to be expelled, with or without
706 continuing educational services, from the student’s regular
707 school for a period of not less than 1 full year, and to be
708 referred to the criminal justice system or juvenile justice
709 system:.
710 (a) Bringing a firearm or weapon, as defined in s. 790.001
711 or 18 U.S.C. s. 921 chapter 790, to school, to any school
712 function, or onto any school-sponsored transportation or
713 possessing a firearm at school.
714 (b) Making a threat or false report, as provided in defined
715 by ss. 790.162 and 790.163, respectively, involving school or
716 school personnel’s property, school transportation, or a school
717 sponsored activity.
718
719 A district school board boards may assign the student to a
720 disciplinary program for the purpose of continuing educational
721 services during the period of expulsion. A district school
722 superintendent superintendents may consider the 1-year expulsion
723 requirement on a case-by-case basis and request the district
724 school board to modify the requirement by assigning the student
725 to a disciplinary program or second chance school if the request
726 for modification is in writing and it is determined to be in the
727 best interest of the student and the school system. If a student
728 committing any of the offenses in this subsection is a student
729 who has a disability, the district school board shall comply
730 with applicable State Board of Education rules.
731 (5)(4)(a) Each district school board, in collaboration with
732 students, educators, parents, and stakeholders, shall enter into
733 cooperative agreements with the county sheriff’s office and
734 local police department specifying guidelines for ensuring that
735 acts that pose a serious threat to school safety, whether
736 committed by a student or adult, are reported to a law
737 enforcement agency. Such agreements must:
738 (a)(b) The agreements must Include the role of school
739 safety officers and school resource officers, if applicable, in
740 handling reported incidents that pose a serious threat to school
741 safety and, circumstances in which school officials may handle
742 incidents without filing a report with a law enforcement agency,
743 and a procedure for ensuring that school personnel properly
744 report appropriate delinquent acts and crimes.
745 (b)(c) Clarify that Zero-tolerance policies do not require
746 the reporting of petty acts of misconduct and misdemeanors may
747 not be reported to a law enforcement agency, including, but not
748 limited to, disorderly conduct, disturbing disrupting a school
749 function, loitering, simple assault or battery, affray, theft of
750 less than $300, trespassing, and vandalism of less than $1,000,
751 criminal mischief, and other misdemeanors that do not pose a
752 serious threat to school safety.
753 (c)(d) Clarify the role of the school principal in ensuring
754 shall ensure that all school personnel are properly informed of
755 as to their responsibilities regarding crime reporting, that
756 appropriate delinquent acts and crimes are properly reported,
757 and that actions taken in cases with special circumstances are
758 properly taken and documented.
759 (d) Provide for every school resource officer and school
760 safety officer on school grounds to be trained on appropriate
761 and positive interactions with students in different stages of
762 development and the range of interventions and school-based
763 consequences that should be used to avoid an arrest. Training
764 must include, but need not be limited to, topics such as child
765 and adolescent development and psychology; instruction on
766 teaching students how to respond in age-appropriate ways;
767 cultural competence; implicit bias; restorative justice
768 practices; rights of students with disabilities and appropriate
769 responses to their behaviors; practices that improve school
770 climate; and the creation of safe environments for lesbian, gay,
771 bisexual, and transgender students.
772 (e) Include clear guidelines for selecting school resource
773 officers and school safety officers, who must meet the following
774 minimum qualifications:
775 1. Be proficient in verbal, written, and interpersonal
776 skills that include public speaking;
777 2. Possess knowledge and experience in matters involving
778 cultural diversity and sensitivity;
779 3. Be trained in best practices for working with students
780 as specified in paragraph (d);
781 4. Be committed to serve as a positive role model for
782 students;
783 5. Has a passion for and desire to interact positively
784 with, students; and
785 6. Lacks a history of excessive force or racial bias.
786 (f) Require a school district to annually review the cost
787 and effectiveness of its school safety programs, including the
788 use of school safety officers, school resource officers, and
789 other security measures, to report its findings to the
790 Department of Education by August 1 of each school year, and to
791 use these findings to reevaluate and improve school safety
792 programs.
793 (6)(5) Notwithstanding any other provision of law, each
794 district school board shall adopt rules providing that a any
795 student found to have committed an any offense in s. 784.081(1),
796 (2), or (3) shall be expelled or placed in an alternative school
797 setting or other program, as appropriate. Upon being charged
798 with the offense, and pending disposition, the student shall be
799 removed from the classroom immediately and placed in an
800 alternative school setting pending disposition.
801 (7)(6)(a) Notwithstanding any provision of law prohibiting
802 the disclosure of the identity of a minor, if a whenever any
803 student who is attending a public school is adjudicated guilty
804 of or delinquent for, or is found to have committed, regardless
805 of whether adjudication is withheld, or pleads guilty or nolo
806 contendere to, a felony violation of:
807 1. Chapter 782, relating to homicide;
808 2. Chapter 784, relating to assault, battery, and culpable
809 negligence;
810 3. Chapter 787, relating to kidnapping, false imprisonment,
811 luring or enticing a child, and custody offenses;
812 4. Chapter 794, relating to sexual battery;
813 5. Chapter 800, relating to lewdness and indecent exposure;
814 6. Chapter 827, relating to abuse of children;
815 7. Section 812.13, relating to robbery;
816 8. Section 812.131, relating to robbery by sudden
817 snatching;
818 9. Section 812.133, relating to carjacking; or
819 10. Section 812.135, relating to home-invasion robbery,
820
821 and, before or at the time of such adjudication, withholding of
822 adjudication, or plea, the student offender was attending a
823 school attended by the victim or a sibling of the victim of the
824 offense, the Department of Juvenile Justice shall notify the
825 appropriate district school board of the adjudication or plea,
826 the requirements of in this paragraph, and whether the student
827 offender is prohibited from attending that school or riding on a
828 school bus if whenever the victim or a sibling of the victim is
829 attending the same school or riding on the same school bus,
830 except as provided pursuant to a written disposition order under
831 s. 985.455(2). Upon receipt of such notice, the district school
832 board shall take appropriate action to effectuate the provisions
833 in paragraph (b).
834 (b) Each district school board shall adopt a cooperative
835 agreement with the Department of Juvenile Justice which
836 establishes guidelines for ensuring that a any no contact order
837 entered by a court is reported and enforced and that all of the
838 necessary steps are taken to protect the victim of the offense.
839 Any student offender described in paragraph (a), who is not
840 exempt exempted as provided in paragraph (a), may not attend the
841 any school attended by the victim or a sibling of the victim of
842 the offense or ride on a school bus on which the victim or a
843 sibling of the victim is riding. The district school board shall
844 allow the student offender shall be permitted by the district
845 school board to attend another school within the district in
846 which the student offender resides, only if the other school is
847 not attended by the victim or sibling of the victim. Another
848 district school board may allow of the offense; or the student
849 offender may be permitted by another district school board to
850 attend a school in that district if the student offender is
851 unable to attend any school in the district in which the student
852 offender resides.
853 (c) If the student offender is unable to attend any other
854 school in the district in which the student offender resides and
855 is prohibited from attending a school in another school
856 district, the district school board in the school district in
857 which the student offender resides shall take every reasonable
858 precaution to keep the student offender separated from the
859 victim while on school grounds or on school transportation. The
860 steps to be taken by a district school board to keep the student
861 offender separated from the victim must include, but are not
862 limited to, in-school suspension of the student offender and the
863 scheduling of classes, lunch, or other school activities of the
864 victim and the student offender so as not to coincide.
865 (d) The student offender, or the parents of the student
866 offender if the student offender is a juvenile, shall arrange
867 and pay for transportation associated with or required by the
868 student’s offender’s attending another school or that would be
869 required as a consequence of the prohibition against riding on a
870 school bus on which the victim or a sibling of the victim is
871 riding. If the student is experiencing homelessness as described
872 in s. 1003.01(12) or belongs to a family whose income does not
873 exceed 150 percent of the federal poverty level, the school
874 district shall arrange and pay for the transportation. However,
875 The student offender or the parents of the student offender may
876 not be charged for existing modes of transportation which that
877 can be used by the student offender at no additional cost to the
878 district school board.
879 (8)(7) Any disciplinary or prosecutorial action taken
880 against a student who violates the a zero-tolerance policy on
881 referrals to the criminal justice system or the juvenile justice
882 system must be based on the particular circumstances of the
883 student’s misconduct.
884 (9)(8) A school district shall districts are encouraged to
885 use alternatives to expulsion or referral to a law enforcement
886 agency agencies unless the use of such alternatives will pose a
887 threat to school safety. By August 1 of each year, a school
888 district shall provide to the department all policies and
889 agreements adopted or implemented pursuant to this section.
890 (10) To assist a school district in developing policies
891 that ensure students are not arrested or otherwise referred to
892 the criminal justice system or the juvenile justice system for
893 petty acts of misconduct, the department shall, by March 1,
894 2015, in collaboration with students, educators, parents, and
895 stakeholders, develop and provide to each school district a
896 model policy.
897 (11) On or before January 1 of each year, the Commissioner
898 of Education shall report to the Governor, the President of the
899 Senate, and the Speaker of the House of Representatives on the
900 implementation of this section. The report must include data
901 regarding school-based arrests and referrals of students to a
902 law enforcement agency.
903 Section 5. Subsection (5) of section 1002.20, Florida
904 Statutes, is amended to read:
905 1002.20 K-12 student and parent rights.—Parents of public
906 school students must receive accurate and timely information
907 regarding their child’s academic progress and must be informed
908 of ways they can help their child to succeed in school. K-12
909 students and their parents are afforded numerous statutory
910 rights including, but not limited to, the following:
911 (5) SAFETY.—In accordance with the provisions of s.
912 1006.13(7) s. 1006.13(6), students who have been victims of
913 certain felony offenses by other students, as well as the
914 siblings of the student victims, have the right to be kept
915 separated from the student offender both at school and during
916 school transportation.
917 Section 6. Subsection (5) of section 1002.23, Florida
918 Statutes, is amended to read:
919 1002.23 Family and School Partnership for Student
920 Achievement Act.—
921 (5) Each school district shall develop and disseminate a
922 parent guide to successful student achievement, consistent with
923 the guidelines of the Department of Education, which addresses
924 what parents need to know about their child’s educational
925 progress and how parents can help their child to succeed in
926 school. The guide must:
927 (a) Be understandable to students and parents;
928 (b) Be distributed to all parents, students, and school
929 personnel at the beginning of each school year;
930 (c) Be discussed at the beginning of each school year in
931 meetings of students, parents, and teachers;
932 (d) Include information concerning services, opportunities,
933 choices, academic standards, and student assessment; and
934 (e) Provide information on the importance of student health
935 and available immunizations and vaccinations, including, but not
936 limited to:
937 1. A recommended immunization schedule in accordance with
938 United States Centers for Disease Control and Prevention
939 recommendations.
940 2. Detailed information regarding the causes, symptoms, and
941 transmission of meningococcal disease and the availability,
942 effectiveness, known contraindications, and appropriate age for
943 the administration of any required or recommended vaccine
944 against meningococcal disease, in accordance with the
945 recommendations of the Advisory Committee on Immunization
946 Practices of the United States Centers for Disease Control and
947 Prevention.
948
949 The parent guide described in this subsection may be included as
950 a part of the standards for intervention under s. 1006.07 code
951 of student conduct that is required in s. 1006.07(2).
952 Section 7. Subsection (3) of section 1003.32, Florida
953 Statutes, is amended to read:
954 1003.32 Authority of teacher; responsibility for control of
955 students; district school board and principal duties.—Subject to
956 law and to the rules of the district school board, each teacher
957 or other member of the staff of any school shall have such
958 authority for the control and discipline of students as may be
959 assigned to him or her by the principal or the principal’s
960 designated representative and shall keep good order in the
961 classroom and in other places in which he or she is assigned to
962 be in charge of students.
963 (3) A teacher may send a student to the principal’s office
964 to maintain effective discipline in the classroom and may
965 recommend an appropriate consequence consistent with the
966 standards for intervention student code of conduct under s.
967 1006.07. The principal shall respond by employing the teacher’s
968 recommended consequence or a more serious disciplinary action if
969 the student’s history of disruptive behavior warrants it. If the
970 principal determines that a lesser disciplinary action is
971 appropriate, the principal should consult with the teacher
972 before prior to taking disciplinary action.
973 Section 8. Subsection (4) of section 1006.09, Florida
974 Statutes, is amended to read:
975 1006.09 Duties of school principal relating to student
976 discipline and school safety.—
977 (4) When a student has been the victim of a violent crime
978 perpetrated by another student who attends the same school, the
979 school principal shall make full and effective use of the
980 provisions of subsection (2) and s. 1006.13(7) s. 1006.13(6). A
981 school principal who fails to comply with this subsection is
982 shall be ineligible for any portion of the performance pay or
983 the differentiated pay under s. 1012.22. However, if any party
984 responsible for notification fails to properly notify the
985 school, the school principal is shall be eligible for the
986 performance pay or differentiated pay.
987 Section 9. Paragraph (n) of subsection (4) of section
988 1006.147, Florida Statutes, is amended to read:
989 1006.147 Bullying and harassment prohibited.—
990 (4) By December 1, 2008, each school district shall adopt a
991 policy prohibiting bullying and harassment of any student or
992 employee of a public K-12 educational institution. Each school
993 district’s policy shall be in substantial conformity with the
994 Department of Education’s model policy mandated in subsection
995 (5). The school district bullying and harassment policy shall
996 afford all students the same protection regardless of their
997 status under the law. The school district may establish separate
998 discrimination policies that include categories of students. The
999 school district shall involve students, parents, teachers,
1000 administrators, school staff, school volunteers, community
1001 representatives, and local law enforcement agencies in the
1002 process of adopting the policy. The school district policy must
1003 be implemented in a manner that is ongoing throughout the school
1004 year and integrated with a school’s curriculum, a school’s
1005 discipline policies, and other violence prevention efforts. The
1006 school district policy must contain, at a minimum, the following
1007 components:
1008 (n) A procedure for publicizing the policy, which must
1009 include its publication in the standards for intervention code
1010 of student conduct required under s. 1006.07 s. 1006.07(2) and
1011 in all employee handbooks.
1012 Section 10. Paragraph (a) of subsection (3) of section
1013 1006.15, Florida Statutes, is amended to read:
1014 1006.15 Student standards for participation in
1015 interscholastic and intrascholastic extracurricular student
1016 activities; regulation.—
1017 (3)(a) To be eligible to participate in interscholastic
1018 extracurricular student activities, a student must:
1019 1. Maintain a grade point average of 2.0 or above on a 4.0
1020 scale, or its equivalent, in the previous semester or a
1021 cumulative grade point average of 2.0 or above on a 4.0 scale,
1022 or its equivalent, in the courses required by s. 1003.428 or s.
1023 1003.429.
1024 2. Execute and fulfill the requirements of an academic
1025 performance contract between the student, the district school
1026 board, the appropriate governing association, and the student’s
1027 parents, if the student’s cumulative grade point average falls
1028 below 2.0, or its equivalent, on a 4.0 scale in the courses
1029 required by s. 1003.428 or s. 1003.429. At a minimum, the
1030 contract must require that the student attend summer school, or
1031 its graded equivalent, between grades 9 and 10 or grades 10 and
1032 11, as necessary.
1033 3. Have a cumulative grade point average of 2.0 or above on
1034 a 4.0 scale, or its equivalent, in the courses required by s.
1035 1003.428 or s. 1003.429 during his or her junior or senior year.
1036 4. Maintain satisfactory conduct, including adherence to
1037 appropriate dress and other standards for intervention under s.
1038 1006.07 codes of student conduct policies described in s.
1039 1006.07(2). If a student is convicted of, or is found to have
1040 committed, a felony or a delinquent act that would have been a
1041 felony if committed by an adult, regardless of whether
1042 adjudication is withheld, the student’s participation in
1043 interscholastic extracurricular activities is contingent upon
1044 established and published district school board policy.
1045 Section 11. This act shall take effect July 1, 2014.