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





                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Lynn offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (25) of section 228.041, Florida

18  Statutes, is amended to read:

19         228.041  Definitions.--Specific definitions shall be as

20  follows, and wherever such defined words or terms are used in

21  the Florida School Code, they shall be used as follows:

22         (25)  SUSPENSION.--

23         (a)  Suspension, also referred to as out-of-school

24  suspension, is the temporary removal of a student from all

25  classes of instruction on public school grounds and all other

26  school-sponsored activities, except as authorized by the

27  principal or the principal's designee, for a period not to

28  exceed 10 school days.

29         (b)  In-school Suspension is the temporary removal of a

30  student from the student's regular school program and

31  remanding of the student to the custody of the student's

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  parent or guardian with specific homework assignments for the

 2  student to complete, or placement of the student in an

 3  alternative program, such as that provided in s. 230.2316,

 4  under the supervision of school district personnel during

 5  regular school hours, for a period not to exceed 10 school

 6  days.

 7         Section 2.  Paragraph (a) of subsection (8) of section

 8  229.57, Florida Statutes, is amended to read:

 9         229.57  Student assessment program.--

10         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

11  CATEGORIES.--School performance grade category designations

12  itemized in subsection (7) shall be based on the following:

13         (a)  Timeframes.--

14         1.  School performance grade category designations

15  shall be based on one school year of performance.

16         2.  In school years 1998-1999 and 1999-2000, a school's

17  performance grade category designation shall be determined by

18  the student achievement levels on the FCAT, and on other

19  appropriate performance data, including, but not limited to,

20  attendance, dropout rate, school discipline data, and student

21  readiness for college, in accordance with state board rule.

22         3.  In Beginning with the 2000-2001 school year, a

23  school's performance grade category designation shall be based

24  on a combination of student achievement scores as measured by

25  the FCAT, on the degree of measured learning gains of the

26  students, and on other appropriate performance data,

27  including, but not limited to, attendance, dropout rate,

28  school discipline data, and student readiness for college.

29         4.  Beginning with the 2001-2002 school year and

30  thereafter, a school's performance grade category designation

31  shall be based on student learning gains as measured by annual

                                  2

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  FCAT assessments in grades 3 through 10, and on other

 2  appropriate performance data, including, but not limited to,

 3  attendance, dropout rate, school discipline data, cohort

 4  graduation rate, and student readiness for college.

 5

 6  For the purpose of implementing ss. 229.0535 and 229.0537, if

 7  any of the four schools that were identified as critically low

 8  performing, based on both 1996-1997 and 1997-1998 school

 9  performance data and state board adopted criteria, receives a

10  performance grade category designation of "F," based on

11  1998-1999 school performance data, that school shall be

12  considered as having failed to make adequate progress for 2

13  years in a 4-year period. All other schools that receive a

14  performance grade category designation of "F," based on

15  1998-1999 school performance data, shall be considered as

16  having failed to make adequate progress for 1 year.

17         Section 3.  Paragraphs (c), (d), and (e) of subsection

18  (6) of section 230.23, Florida Statutes, are amended,

19  subsection (20) of said section is renumbered as subsection

20  (22), and new subsections (20) and (21) are added to said

21  section, and section 235.14, Florida Statutes, is redesignated

22  as paragraph (f) of subsection (6) of said section and

23  amended, to read:

24         230.23  Powers and duties of school board.--The school

25  board, acting as a board, shall exercise all powers and

26  perform all duties listed below:

27         (6)  CHILD WELFARE.--Provide for the proper accounting

28  for all children of school age, for the attendance and control

29  of pupils at school, and for proper attention to health,

30  safety, and other matters relating to the welfare of children

31  in the following fields, as prescribed in chapter 232.

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (c)  Control of students pupils.--

 2         1.  Adopt rules and regulations for the control,

 3  discipline, in-school suspension, suspension, and expulsion of

 4  students pupils and decide all cases recommended for

 5  expulsion.  Suspension hearings are exempted from the

 6  provisions of chapter 120. Expulsion hearings shall be

 7  governed by ss. 120.569 and 120.57(2) and are exempt from s.

 8  286.011. However, the student's pupil's parent or legal

 9  guardian must be given notice of the provisions of s. 286.011

10  and may elect to have the hearing held in compliance with that

11  section.  The district school board shall have the authority

12  to prohibit the use of corporal punishment, provided that the

13  district school board adopts or has adopted a written program

14  of alternative control or discipline.

15         2.  Have the authority as the district school board of

16  a receiving school district to honor the final order of

17  expulsion or dismissal of a student by any in-state or

18  out-of-state public school board or private school, or

19  developmental research school, for an act which would have

20  been grounds for expulsion according to the receiving school

21  district's code of student conduct, in accordance with the

22  following procedures:

23         a.  A final order of expulsion shall be recorded in the

24  records of the receiving school district.

25         b.  The expelled student applying for admission to the

26  receiving school district shall be advised of the final order

27  of expulsion.

28         c.  The superintendent of schools of the receiving

29  school district may recommend to the district school board

30  that the final order of expulsion be waived and the student be

31  admitted to the school district, or that the final order of

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  expulsion be honored and the student not be admitted to the

 2  school district. If the student is admitted by the district

 3  school board, with or without the recommendation of the

 4  superintendent of schools, the student may be placed in an

 5  appropriate educational program at the direction of the

 6  district school board.

 7         (d)  Code of student conduct.--Adopt a code of student

 8  conduct for elementary schools and a code of student conduct

 9  for secondary schools and distribute the appropriate code to

10  all teachers, school personnel, students, and parents or

11  guardians, at the beginning of every school year. Each code

12  shall be organized and written in language that which is

13  understandable to students and parents and shall be discussed

14  at the beginning of every school year in student classes,

15  school advisory council meetings councils, and parent and

16  teacher association meetings associations. Each code shall be

17  based on the rules governing student conduct and discipline

18  adopted by the district school board and shall be made

19  available in the student handbook or similar publication. Each

20  code shall include, but not be limited to:

21         1.  Consistent policies and specific grounds for

22  disciplinary action, including in-school suspension,

23  out-of-school suspension, expulsion, and any disciplinary

24  action that may be imposed for the possession or use of

25  alcohol on school property or while attending a school

26  function or for the illegal use, sale, or possession of

27  controlled substances as defined in chapter 893.

28         2.  Procedures to be followed for acts requiring

29  discipline, including corporal punishment.

30         3.  An explanation of the responsibilities and rights

31  of students with regard to attendance, respect for persons and

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  property, knowledge and observation of rules of conduct, the

 2  right to learn, free speech and student publications,

 3  assembly, privacy, and participation in school programs and

 4  activities.

 5         4.  Notice that illegal use, possession, or sale of

 6  controlled substances, as defined in chapter 893, or

 7  possession of electronic telephone pagers, by any student

 8  while such student is upon school property or in attendance at

 9  a school function is grounds for disciplinary action by the

10  school and may also result in criminal penalties being

11  imposed.

12         5.  Notice that the possession of a firearm, a knife,

13  or a weapon, or an item which can be used as a weapon by any

14  student while the student is on school property or in

15  attendance at a school function is grounds for disciplinary

16  action and may also result in criminal prosecution.

17         6.  Notice that violence against any school district

18  personnel by a student is grounds for in-school suspension,

19  out-of-school suspension, expulsion, or imposition of other

20  disciplinary action by the school and may also result in

21  criminal penalties being imposed.

22         7.  Notice that violation of district school board

23  transportation policies, including disruptive behavior on a

24  school bus or at a school bus stop, by a student is grounds

25  for suspension of the student's privilege of riding on a

26  school bus and may be grounds for disciplinary action by the

27  school and may also result in criminal penalties being

28  imposed.

29         8.  Notice that violation of the district school

30  board's sexual harassment policy by a student is grounds for

31  in-school suspension, out-of-school suspension, expulsion, or

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  imposition of other disciplinary action by the school and may

 2  also result in criminal penalties being imposed.

 3         9.  Policies to be followed for the assignment of

 4  violent or disruptive students to an alternative educational

 5  program.

 6         10.  Notice that any student who is determined to have

 7  brought a firearm or weapon, as defined in chapter 790 18

 8  U.S.C. s. 921, to school, to any school function, or onto on

 9  any school-sponsored transportation will be expelled, with or

10  without continuing educational services, from the student's

11  regular school for a period of not less than 1 full year and

12  referred for criminal prosecution. District school boards may

13  assign the student to a disciplinary program or second chance

14  school for the purpose of continuing educational services

15  during the period of expulsion. Superintendents may consider

16  the 1-year expulsion requirement on a case-by-case basis and

17  request the district school board to modify the requirement by

18  assigning the student to a disciplinary program or second

19  chance school if it is determined to be in the best interest

20  of the student and the school system.

21         11.  Notice that any student who is determined to have

22  made a threat or false report, as defined by ss. 790.162 and

23  790.163, respectively, involving school or school personnel's

24  property, school transportation, or a school-sponsored

25  activity will be expelled, with or without continuing

26  educational services, from the student's regular school for a

27  period of not less than 1 full year and referred for criminal

28  prosecution. District school boards may assign the student to

29  a disciplinary program or second chance school for the purpose

30  of continuing educational services during the period of

31  expulsion. Superintendents of schools may consider the 1-year

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  expulsion requirement on a case-by-case basis and request the

 2  district school board to modify the requirement by assigning

 3  the student to a disciplinary program or second chance school

 4  if it is determined to be in the best interest of the student

 5  and the school system.

 6         (e)  Student crime watch program.--By resolution of the

 7  district school board, implement a student crime watch program

 8  to promote responsibility among students and to assist in the

 9  control of criminal behavior within the schools.

10         (f) 235.14  Emergency drills; emergency procedures.--

11         1.  The district school board shall formulate and

12  prescribe policies and procedures for emergency drills and for

13  actual emergencies, including, but not limited to, fires,

14  natural disasters, and bomb threats, for all the public

15  schools of the district state which comprise grades K-12.

16  District policies shall include commonly used alarm system

17  responses for specific types of emergencies and verification

18  by each school that drills have been provided as required by

19  law and fire protection codes.

20         2.  The district school board shall establish model

21  emergency management and emergency preparedness procedures for

22  the following life-threatening emergencies:

23         a.  Weapon-use and hostage situations.

24         b.  Hazardous materials or toxic chemical spills.

25         c.  Weather emergencies, including hurricanes,

26  tornadoes, and severe storms.

27         d.  Exposure as a result of a manmade emergency.

28         (20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the

29  anonymity of students in large schools, the district school

30  board shall adopt policies effective for the 2001-2002 school

31  year, and thereafter, to require any school that does not meet

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  the definition of a small school, as established by s.

 2  235.2157(2), to subdivide into schools-within-a-school, which

 3  shall operate within existing resources. A

 4  "school-within-a-school" means an operational program that

 5  uses flexible scheduling, team planning, and curricular and

 6  instructional innovation to organize groups of students with

 7  groups of teachers as smaller units, so as to functionally

 8  operate as a smaller school. Examples of this include, but are

 9  not limited to:

10         (a)  An organizational arrangement assigning both

11  students and teachers to smaller units in which the students

12  take some or all of their coursework with their fellow grouped

13  students and from the teachers assigned to the smaller unit. A

14  unit may be grouped together for 1 year or on a vertical,

15  multiyear basis.

16         (b)  An organizational arrangement similar to that

17  described in paragraph (a) with additional variations in

18  instruction and curriculum.  The smaller unit usually seeks to

19  maintain a program different from that of the larger school,

20  or of other smaller units. It may be vertically organized, but

21  is dependent upon the school principal for its existence,

22  budget, and staff.

23         (c)  A separate and autonomous smaller unit formally

24  authorized by the district school board or superintendent of

25  schools. The smaller unit plans and runs its own program, has

26  its own staff and students, and receives its own separate

27  budget. The smaller unit must negotiate the use of common

28  space with the larger school and defer to the building

29  principal on matters of safety and building operation.

30         (21)  TEACHER SUPPORT.--District school boards shall

31  address the availability of qualified and experienced support

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  services professionals who are trained in substance abuse or

 2  mental health to support teachers who identify students with

 3  potential problems. The district school board may address the

 4  availability of these qualified and experienced support

 5  services professionals through the use of in-school or local

 6  private providers.

 7         Section 4.  Section 230.23003, Florida Statutes, is

 8  created to read:

 9         230.23003  Safety incident reporting.--

10         (1)  Each district school board shall require all

11  kindergarten through grade 12 principals within its

12  jurisdiction to document all public school grounds, public

13  school student, and public school staff related incidents of

14  crime, delinquency, disorder, and disruption. Documentable

15  incidents shall include:

16         (a)  Incidents requiring student referrals for

17  disciplinary action;

18         (b)  Noncriminal incidents instigated by nonstudent,

19  nonstaff persons on school property; and

20         (c)  Reportable incidents as defined pursuant to s.

21  230.235.

22         (2)  Subject to mutual agreement between school

23  districts and their local sheriff's offices and local police,

24  arrests made of public school students or staff which occur

25  off of school property shall be reported to the principal of

26  the school in which the student is enrolled or the staff

27  person employed, by the law enforcement agency making the

28  arrest. These incidents shall also be documented by the

29  principal of that school.

30         (3)  Each school in every district shall be required to

31  report all documented incidents to the appropriate school

                                  10

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  district personnel responsible for collecting and reporting

 2  school safety data to the Department of Education.

 3         (4)  Each principal must ensure that standardized forms

 4  prescribed by the department are used to report data

 5  concerning school safety and discipline. The principal must

 6  develop a plan to verify the accuracy of reported incidents.

 7         (5)  By December 31, 2000, the Department of Education

 8  shall develop a statewide uniform safety incident reporting

 9  form.

10         Section 5.  Section 230.23015, Florida Statutes, is

11  amended to read:

12         230.23015  Students violating s. 784.081; expulsion or

13  placement in alternative school setting.--Except as otherwise

14  provided in s. 232.251 Notwithstanding any other provision of

15  law, each district school board shall adopt rules providing

16  that any student found to have committed a violation of s.

17  784.081(1), (2), or (3) shall be expelled or placed in an

18  alternative school setting or other youth services or justice

19  program, as appropriate.  Upon being charged with the offense,

20  the student shall be removed from the classroom immediately

21  and placed in an alternative school setting pending

22  disposition.

23         Section 6.  Subsection (1) of section 230.23025,

24  Florida Statutes, is amended to read:

25         230.23025  Best financial management practices;

26  standards; reviews; designation of districts.--

27         (1)  The Office of Program Policy Analysis and

28  Government Accountability (OPPAGA) and the Office of the

29  Auditor General are directed to develop a system for reviewing

30  the financial management practices of school districts. In

31  this system, OPPAGA and the Auditor General shall jointly

                                  11

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  examine district operations to determine whether they meet

 2  "best financial management practices." The best financial

 3  management practices adopted by the Commissioner of Education

 4  may be updated periodically after consultation with the

 5  Legislature, the Governor, the SMART Schools Clearinghouse,

 6  OPPAGA, and the Auditor General. The best financial management

 7  practices, at a minimum, must instill public confidence by

 8  addressing the following areas:

 9         (a)  Efficient use of resources, use of lottery

10  proceeds, student transportation and food service operations,

11  management structures, and personnel systems and benefits.;

12         (b)  Compliance with generally accepted accounting

13  principles and state and federal laws relating to financial

14  management.;

15         (c)  Performance accountability systems, including

16  performance measurement reports to the public, internal

17  auditing, financial auditing, and information made available

18  to support decisionmaking.;

19         (d)  Cost control systems, including asset, risk, and

20  financial management, purchasing, and information system

21  controls.

22         (e)  Safety and security practices at the district and

23  school levels.

24         Section 7.  Section 230.23145, Florida Statutes, is

25  created to read:

26         230.23145  Student support services pilot program.--

27         (1)  From the funds provided in the 2000-2001 General

28  Appropriations Act, there is established a pilot program to

29  assess the use of and assist guidance counselors in public

30  schools. The Department of Education shall develop a

31  standardized reporting form for districts to apply to

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  participate in the pilot program.

 2         (2)  To be eligible to participate, each school

 3  district must provide:

 4         (a)  Information relating to the current use of

 5  guidance counselors within the district. The department's

 6  reporting form must require a breakdown of the percentage of

 7  time district guidance counselors spend on activities

 8  including, but not limited to: clerical work not related to

 9  counseling or evaluation, clerical work related to counseling

10  or evaluation, direct student counseling, and student

11  evaluation.

12         (b)  A plan outlining the proposed use of part-time or

13  nondegreed personnel to provide clerical assistance to school

14  guidance counselors, so that the major focus of the guidance

15  counselors will be direct student contact, student counseling,

16  or student evaluation.

17         (3)  The Commissioner of Education shall choose a

18  small, medium, and large district to participate in the pilot

19  program based upon the comprehensiveness of the district

20  report and innovative strategies outlined in the district

21  plan. Each school district chosen to participate in the pilot

22  program shall report to the Department of Education on

23  improved student performance, reduced school discipline

24  problems, or other significant outcome measures by August 1,

25  2001.

26         Section 8.  Paragraphs (c) and (d) of subsection (3) of

27  section 230.2316, Florida Statutes, are amended to read:

28         230.2316  Dropout prevention.--

29         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

30         (c)  A student shall be identified as being eligible to

31  receive services funded through the dropout prevention and

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  academic intervention program based upon one of the following

 2  criteria:

 3         1.  The student is academically unsuccessful as

 4  evidenced by low test scores, retention, failing grades, low

 5  grade point average, falling behind in earning credits, or not

 6  meeting the state or district proficiency levels in reading,

 7  mathematics, or writing.

 8         2.  The student has a pattern of excessive absenteeism

 9  or has been identified as a habitual truant.

10         3.  The student has a history of disruptive behavior in

11  school or has committed an offense that warrants out-of-school

12  suspension or expulsion from school according to the district

13  code of student conduct. For the purposes of this program,

14  "disruptive behavior" is behavior that:

15         a.  Interferes with the student's own learning or the

16  educational process of others and requires attention and

17  assistance beyond that which the traditional program can

18  provide or results in frequent conflicts of a disruptive

19  nature while the student is under the jurisdiction of the

20  school either in or out of the classroom; or

21         b.  Severely threatens the general welfare of students

22  or others with whom the student comes into contact.

23         (d)1.  "Second chance schools" means school district

24  programs provided through cooperative agreements between the

25  Department of Juvenile Justice, private providers, state or

26  local law enforcement agencies, or other state agencies for

27  students who have been disruptive or violent or who have

28  committed serious offenses.  As partnership programs, second

29  chance schools are eligible for waivers by the Commissioner of

30  Education from chapters 230-235 and 239 and State Board of

31  Education rules that prevent the provision of appropriate

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  educational services to violent, severely disruptive, or

 2  delinquent students in small nontraditional settings or in

 3  court-adjudicated settings.

 4         2.  School districts seeking to enter into a

 5  partnership with a private entity or public entity to operate

 6  a second chance school for disruptive students may apply to

 7  the Department of Education for startup grants from the

 8  Department of Education. These grants must be available for 1

 9  year and must be used to offset the startup costs for

10  implementing such programs off public school campuses. General

11  operating funds must be generated through the appropriate

12  programs of the Florida Education Finance Program. Grants

13  approved under this program shall be for the full operation of

14  the school by a private nonprofit or for-profit provider or

15  the public entity. This program must operate under rules

16  adopted by the Department of Education and must be implemented

17  to the extent funded by the Legislature.

18         3.  A student enrolled in a sixth, seventh, eighth,

19  ninth, or tenth grade class may be assigned to a second chance

20  school if the student meets the following criteria:

21         a.  The student is a habitual truant as defined in s.

22  228.041(28).

23         b.  The student's excessive absences have detrimentally

24  affected the student's academic progress and the student may

25  have unique needs that a traditional school setting may not

26  meet.

27         c.  The student's high incidences of truancy have been

28  directly linked to a lack of motivation.

29         d.  The student has been identified as at risk of

30  dropping out of school.

31         4.  A student who is habitually truant may be assigned

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  to a second chance school only if the case staffing committee,

 2  established pursuant to s. 984.12, determines that such

 3  placement could be beneficial to the student and the criteria

 4  included in subparagraph 2. are met.

 5         5.  A student may be assigned to a second chance school

 6  if the school district in which the student resides has a

 7  second chance school and if the student meets one of the

 8  following criteria:

 9         a.  The student habitually exhibits disruptive behavior

10  in violation of the code of student conduct adopted by the

11  school board.

12         b.  The student interferes with the student's own

13  learning or the educational process of others and requires

14  attention and assistance beyond that which the traditional

15  program can provide, or, while the student is under the

16  jurisdiction of the school either in or out of the classroom,

17  frequent conflicts of a disruptive nature occur.

18         c.  The student has committed a serious offense which

19  warrants suspension or expulsion from school according to the

20  district code of student conduct.  For the purposes of this

21  program, "serious offense" is behavior which:

22         (I)  Threatens the general welfare of students or

23  others with whom the student comes into contact;

24         (II)  Includes violence;

25         (III)  Includes possession of weapons or drugs; or

26         (IV)  Is harassment or verbal abuse of school personnel

27  or other students.

28         6.  Prior to assignment of students to second chance

29  schools, district school boards are encouraged to use

30  alternative programs, such as in-school suspension, which

31  provide instruction and counseling leading to improved student

                                  16

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  behavior, a reduction in the incidence of truancy, and the

 2  development of more effective interpersonal skills.

 3         7.  Students assigned to second chance schools must be

 4  evaluated by the school's local child study team before

 5  placement in a second chance school. The study team shall

 6  ensure that students are not eligible for placement in a

 7  program for emotionally disturbed children.

 8         8.  Students who exhibit academic and social progress

 9  and who wish to return to a traditional school shall complete

10  a character development and law education program, as provided

11  in s. 233.0612, and demonstrate preparedness to reenter the

12  regular school setting prior to reentering a traditional

13  school.

14         Section 9.  Subsection (2) of section 230.235, Florida

15  Statutes, is redesignated as subsection (3), and a new

16  subsection (2) is added to said section, to read:

17         230.235  Policy of zero tolerance for crime.--

18         (2)  The policy shall require students found to have

19  committed one of the following offenses to be expelled, with

20  or without continuing educational services, from the student's

21  regular school for a period of not less than 1 full year, and

22  to be referred for criminal prosecution:

23         (a)  Bringing a firearm or weapon, as defined in

24  chapter 790, to school, to any school function, or onto any

25  school-sponsored transportation.

26         (b)  Making a threat or false report, as defined by ss.

27  790.162 and 790.163, respectively, involving school or school

28  personnel's property, school transportation, or a

29  school-sponsored activity.

30

31  District school boards may assign the student to a

                                  17

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  disciplinary program or second chance school for the purpose

 2  of continuing educational services during the period of

 3  expulsion. Superintendents may consider the 1-year expulsion

 4  requirement on a case-by-case basis and request the district

 5  school board to modify the requirement by assigning the

 6  student to a disciplinary program or second chance school if

 7  it is determined to be in the best interest of the student and

 8  the school system. If a student committing any of the offenses

 9  in this subsection is a student with a disability, the school

10  district shall comply with procedures pursuant to s. 232.251

11  and any applicable state board rule.

12         Section 10.  Subsection (1) of section 232.17, Florida

13  Statutes, is amended to read:

14         232.17  Enforcement of school attendance.--The

15  Legislature finds that poor academic performance is associated

16  with nonattendance and that schools must take an active role

17  in enforcing attendance as a means of improving the

18  performance of many students. It is the policy of the state

19  that the superintendent of each school district be responsible

20  for enforcing school attendance of all children and youth

21  subject to the compulsory school age in the school district.

22  The responsibility includes recommending to the school board

23  policies and procedures to ensure that schools respond in a

24  timely manner to every unexcused absence, or absence for which

25  the reason is unknown, of students enrolled in the schools.

26  School board policies must require each parent or guardian of

27  a student to justify each absence of the student, and that

28  justification will be evaluated based on adopted school board

29  policies that define excused and unexcused absences. The

30  policies must provide that schools track excused and unexcused

31  absences and contact the home in the case of an unexcused

                                  18

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  absence from school, or an absence from school for which the

 2  reason is unknown, to prevent the development of patterns of

 3  nonattendance. The Legislature finds that early intervention

 4  in school attendance matters is the most effective way of

 5  producing good attendance habits that will lead to improved

 6  student learning and achievement. Each public school shall

 7  implement the following steps to enforce regular school

 8  attendance:

 9         (1)  CONTACT, REFER, AND ENFORCE.--

10         (a)  Upon each unexcused absence, or absence for which

11  the reason is unknown, the school principal or his or her

12  designee shall contact the student's parent or guardian to

13  determine the reason for the absence. If the absence is an

14  excused absence, as defined by school board policy, the school

15  shall provide opportunities for the student to make up

16  assigned work and not receive an academic penalty unless the

17  work is not made up within a reasonable time.

18         (b)  If a student has had at least five unexcused

19  absences, or absences for which the reasons are unknown,

20  within a calendar month or 10 unexcused absences, or absences

21  for which the reasons are unknown, within a 90-calendar-day

22  period, the student's primary teacher shall report to the

23  school principal or his or her designee that the student may

24  be exhibiting a pattern of nonattendance. The principal shall,

25  unless there is clear evidence that the absences are not a

26  pattern of nonattendance, refer the case to the school's child

27  study team to determine if early patterns of truancy are

28  developing.

29

30  If the child study team finds that a pattern of nonattendance

31  is developing, whether the absences are excused or not, a

                                  19

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  meeting with the parent must be scheduled to identify

 2  potential remedies, and the principal shall notify the

 3  superintendent of schools and the school district contact for

 4  home education programs that the referred student is

 5  exhibiting a pattern of nonattendance.

 6         (c)  If an initial meeting does not resolve the

 7  problem, the child study team shall implement interventions

 8  that best address the problem. The interventions may include,

 9  but need not be limited to:

10         1.  Frequent communication between the teacher and the

11  family;

12         2.  Changes in the learning environment;

13         3.  Mentoring;

14         4.  Student counseling;

15         5.  Tutoring, including peer tutoring;

16         6.  Placement into different classes;

17         7.  Evaluation for alternative education programs;

18         8.  Attendance contracts;

19         9.  Referral to other agencies for family services; or

20         10.  Other interventions, including, but not limited

21  to, a truancy petition pursuant to s. 984.151.

22         (d)  The child study team shall be diligent in

23  facilitating intervention services and shall report the case

24  to the superintendent only when all reasonable efforts to

25  resolve the nonattendance behavior are exhausted.

26         (e)  If the parent, guardian, or other person in charge

27  of the child refuses to participate in the remedial strategies

28  because he or she believes that those strategies are

29  unnecessary or inappropriate, the parent, guardian, or other

30  person in charge of the child may appeal to the school board.

31  The school board may provide a hearing officer, and the

                                  20

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  hearing officer shall make a recommendation for final action

 2  to the board. If the board's final determination is that the

 3  strategies of the child study team are appropriate, and the

 4  parent, guardian, or other person in charge of the child still

 5  refuses to participate or cooperate, the superintendent may

 6  seek criminal prosecution for noncompliance with compulsory

 7  school attendance.

 8         (f)1.  If the parent or guardian of a child who has

 9  been identified as exhibiting a pattern of nonattendance

10  enrolls the child in a home education program pursuant to s.

11  232.0201, the superintendent of schools shall provide the

12  parent a copy of s. 232.0201 and the accountability

13  requirements of this paragraph.  The superintendent of schools

14  shall also refer the parent to a home education review

15  committee composed of the district contact for home education

16  programs and at least two home educators selected by the

17  parent from a district list of all home educators who have

18  conducted a home education program for at least 3 years and

19  who have indicated a willingness to serve on the committee.

20  The home education review committee shall review the portfolio

21  of the student, as defined by s. 232.0201, every 30 days

22  during the district's regular school terms until the committee

23  is satisfied that the home education program is in compliance

24  with s. 232.0201(1)(b).  The first portfolio review must occur

25  within the first 30 calendar days of the establishment of the

26  program.  The provisions of subparagraph 2. do not apply once

27  the committee determines the home education program is in

28  compliance with s. 232.0201(1)(b).

29         2.  If the parent fails to provide a portfolio to the

30  committee, the committee shall notify the superintendent of

31  schools. The superintendent of schools shall then terminate

                                  21

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  the home education program and require the parent to enroll

 2  the child in an attendance option provided under s. 232.02(1),

 3  (2), (3), or (5), within 3 days.  Upon termination of a home

 4  education program pursuant to this subparagraph, the parent or

 5  guardian shall not be eligible to reenroll the child in a home

 6  education program for 180 calendar days.  Failure of a parent

 7  or guardian to enroll the child in an attendance option

 8  provided under s. 232.02(1), (2), (3), or (5) after

 9  termination of the home education program pursuant to this

10  subparagraph shall constitute noncompliance with the

11  compulsory attendance requirements of s. 232.01 and may result

12  in criminal prosecution under s. 232.19(2).  Nothing contained

13  herein shall restrict the ability of the superintendent of

14  schools, or the ability of his or her designee, to review the

15  portfolio pursuant to s. 232.0201(1)(b).

16         (g)(f)  If a child subject to compulsory school

17  attendance will not comply with attempts to enforce school

18  attendance, the parent, the guardian, or the superintendent or

19  his or her designee shall refer the case to the case staffing

20  committee pursuant to s. 984.12, and the superintendent or his

21  or her designee may file a truancy petition pursuant to the

22  procedures in s. 984.151.

23         Section 11.  Subsection (3) of section 232.25, Florida

24  Statutes, is amended to read:

25         232.25  Pupils subject to control of school.--

26         (3)  Nothing shall prohibit a district school board

27  from having the right to expel, or to take disciplinary action

28  against, a student who is found to have committed an offense

29  on school property at any time if:

30         (a)  The student is found to have committed a

31  delinquent act which would be a felony if committed by an

                                  22

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  adult;

 2         (b)  The student has had adjudication withheld for a

 3  delinquent act which, if committed by an adult, would be a

 4  felony; or

 5         (c)  The student has been found guilty of a felony.

 6

 7  However, if the student is a student with a disability, the

 8  disciplinary action must comply with the procedures set forth

 9  in s. 232.251 and state board rule.

10         Section 12.  Section 232.251, Florida Statutes, is

11  created to read:

12         232.251  Disciplinary actions against students with

13  disabilities.--In accordance with the requirements of the

14  federal Individuals with Disabilities Education Act Amendments

15  of 1997:

16         (1)  AUTHORITY OF SCHOOL PERSONNEL.--

17         (a)  School personnel may order a change in the

18  placement of a student with a disability:

19         1.  To an appropriate interim alternative educational

20  setting, another setting, or suspension, for not more than 10

21  school days, to the extent that such alternatives would also

22  be applied to students without disabilities; or

23         2.  To an appropriate interim alternative educational

24  setting for the same amount of time that a student without a

25  disability would be subject to discipline, but for not more

26  than 45 days if:

27         a.  The student carries a weapon to school or to a

28  school function under the jurisdiction of a school district;

29  or

30         b.  The student knowingly possesses or uses illegal

31  drugs or sells or solicits the sale of a controlled substance

                                  23

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  while at school or a school function under the jurisdiction of

 2  a school district.

 3         (b)  Not later than 10 days after taking a disciplinary

 4  action described in paragraph (a):

 5         1.  If the school district did not conduct a functional

 6  behavioral assessment and implement a behavioral intervention

 7  plan for the student before the behavior that resulted in the

 8  suspension described in paragraph (a), the school district

 9  shall convene an individual education plan (IEP) meeting to

10  develop an assessment plan to address that behavior; or

11         2.  If the student already has a behavioral

12  intervention plan, the IEP Team shall review the plan and

13  modify it, as necessary, to address the behavior.

14         (2)  AUTHORITY OF AN ADMINISTRATIVE LAW JUDGE.--An

15  administrative law judge from the Division of Administrative

16  Hearings may order a change in the placement of a student with

17  a disability under this section, to an appropriate interim

18  alternative educational setting for not more than 45 days if

19  the hearing officer:

20         (a)  Determines that the school district has

21  demonstrated by substantial evidence that maintaining the

22  current placement of the student is substantially likely to

23  result in injury to the student or to others.

24         (b)  Considers the appropriateness of the student's

25  current placement.

26         (c)  Considers whether the school district has made

27  reasonable efforts to minimize the risk of harm in the

28  student's current placement, including the use of

29  supplementary aids and services.

30         (d)  Determines that the interim alternative

31  educational setting meets the requirements of paragraph (3).

                                  24

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (3)  DETERMINATION OF SETTING.--

 2         (a)  The alternative educational setting described in

 3  subparagraph (1)(a)2. shall be determined by the IEP Team.

 4         (b)  Any interim alternative educational setting in

 5  which a student is placed under subsection (1) or subsection

 6  (2) shall:

 7         1.  Be selected so as to enable the student to continue

 8  to participate in the general curriculum, although in another

 9  setting, and to continue to receive those services and

10  modifications, including those described in the student's

11  current IEP, that will enable the student to meet the goals

12  set out in that IEP.

13         2.  Include services and modifications designed to

14  address the behavior described in subsection (1) or subsection

15  (2) so that it does not recur.

16         (4)  MANIFESTATION DETERMINATION REVIEW.--

17         (a)  If a disciplinary action is contemplated as

18  described in subsection (1) or subsection (2) for a behavior

19  of a student with a disability described in either of those

20  subsections, or if a disciplinary action involving a change of

21  placement for more than 10 days is contemplated for a student

22  with a disability who has engaged in other behavior that

23  violated any rule or code of conduct of the school district

24  that applies to all students:

25         1.  Not later than the date on which the decision to

26  take that action is made, the parents shall be notified of

27  that decision and of all procedural safeguards accorded under

28  this section.

29         2.  Immediately, if possible, but in no case later than

30  10 school days after the date on which the decision to take

31  that action is made, a review shall be conducted of the

                                  25

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  relationship between the student's disability and the behavior

 2  subject to the disciplinary action.

 3         (b)  A review required by paragraph (a) shall be

 4  conducted by the IEP Team and other qualified personnel.

 5         (c)  In carrying out a review required by paragraph

 6  (a), the IEP Team may determine that the behavior of the

 7  student was not a manifestation of the student's disability

 8  only if the IEP Team:

 9         1.  First considers, in terms of the behavior subject

10  to disciplinary action, all relevant information, including:

11         a.  Evaluation and diagnostic results, including such

12  results or other relevant information supplied by the parents

13  of the student;

14         b.  Observations of the student; and

15         c.  The student's IEP and placement; and

16         2.  Then determines that:

17         a.  In relationship to the behavior subject to

18  disciplinary action, the student's IEP and placement were

19  appropriate and the special education services, supplementary

20  aids and services, and behavior intervention strategies were

21  provided consistent with the student's IEP and placement;

22         b.  The student's disability did not impair the ability

23  of the student to understand the impact and consequences of

24  the behavior subject to disciplinary action; and

25         c.  The student's disability did not impair the ability

26  of the student to control the behavior subject to disciplinary

27  action.

28         (5)  DEFINITIONS.--For purposes of this section, the

29  following definitions shall apply:

30         (a)  The term "controlled substance" means a drug or

31  other substance identified under schedules I, II, III, IV, or

                                  26

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  V in section 202(c) of the Controlled Substances Act, 21

 2  U.S.C. 812(c).

 3         (b)  The term "illegal drug":

 4         1.  Means a controlled substance; but

 5         2.  Does not include such a substance that is legally

 6  possessed or used under the supervision of a licensed health

 7  care professional or that is legally possessed or used under

 8  any other authority under the Controlled Substances Act or

 9  under any other provision of federal law.

10         (c)  The term "substantial evidence" means beyond a

11  preponderance of the evidence.

12         (d)  The term "weapon" has the meaning given the term

13  "dangerous weapon" under paragraph (2) of the first subsection

14  (g) of section 930 of Title 18, United States Code.

15

16  Procedures for compliance with the determination that the

17  student's behavior was not a manifestation of a disability,

18  parental appeal, placement during appeals, protection for

19  students not yet eligible for special education and related

20  services, and referral to an action by law enforcement and

21  judicial authorities shall be pursuant to the Individuals with

22  Disabilities Education Act Amendments of 1997 and state board

23  rule.

24         Section 13.  Subsections (2) and (4) of section 232.26,

25  Florida Statutes, are amended to read:

26         232.26  Authority of principal.--

27         (2)  Suspension proceedings, pursuant to rules of the

28  State Board of Education, may be initiated against any pupil

29  enrolled as a student who is formally charged with a felony,

30  or with a delinquent act which would be a felony if committed

31  by an adult, by a proper prosecuting attorney for an incident

                                  27

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  which allegedly occurred on property other than public school

 2  property, if that incident is shown, in an administrative

 3  hearing with notice provided to the parents or legal guardian

 4  or custodian of such student pupil by the principal of the

 5  school pursuant to rules adopted promulgated by the State

 6  Board of Education and to rules developed pursuant to s.

 7  231.085, to have an adverse impact on the educational program,

 8  discipline, or welfare in the school in which the student is

 9  enrolled. Any student pupil who is suspended as the result of

10  such proceedings shall be immediately enrolled in an

11  alternative education program during regular school hours. The

12  suspension may exceed 10 days, as determined by the

13  superintendent of schools. may be suspended from all classes

14  of instruction on public school grounds during regular

15  classroom hours for a period of time, which may exceed 10

16  days, as determined by the superintendent. Such suspension

17  shall not affect the delivery of educational services to the

18  pupil, and the pupil shall be immediately enrolled in a

19  daytime alternative education program, or an evening

20  alternative education program, where appropriate.  If the

21  court determines that the student pupil did commit the felony

22  or delinquent act which would have been a felony if committed

23  by an adult, the district school board shall have the

24  authority to expel the student, provided that expulsion under

25  this subsection shall not affect the delivery of educational

26  services to the student pupil in any residential,

27  nonresidential, alternative, daytime, or evening program

28  outside of the regular school setting. Any student pupil who

29  is subject to discipline or expulsion for unlawful possession

30  or use of any substance controlled under chapter 893 may be

31  entitled to a waiver of the discipline or expulsion:

                                  28

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         (a)  If the student pupil divulges information leading

 2  to the arrest and conviction of the person who supplied such

 3  controlled substance to him or her, or if the student pupil

 4  voluntarily discloses his or her unlawful possession of such

 5  controlled substance prior to his or her arrest. Any

 6  information divulged which leads to such arrest and conviction

 7  is not admissible in evidence in a subsequent criminal trial

 8  against the student pupil divulging such information.

 9         (b)  If the student pupil commits himself or herself,

10  or is referred by the court in lieu of sentence, to a

11  state-licensed drug abuse program and successfully completes

12  the program.

13         (4)  Any recommendation for the suspension or expulsion

14  of a handicapped student with a disability shall be made in

15  accordance with s. 232.251 and the rules adopted promulgated

16  by the State Board of Education.

17         Section 14.  Paragraph (c) of subsection (1) of section

18  232.27, Florida Statutes, is amended, paragraphs (d) through

19  (j) of said subsection are redesignated as paragraphs (e)

20  through (k), respectively, and a new paragraph (d) is added to

21  said subsection, to read:

22         232.27  Authority of teacher; responsibility for

23  control of students; school district duties.--Subject to law

24  and to the rules of the district school board, each teacher or

25  other member of the staff of any school shall have such

26  authority for the control and discipline of students as may be

27  assigned to him or her by the principal or the principal's

28  designated representative and shall keep good order in the

29  classroom and in other places in which he or she is assigned

30  to be in charge of students.

31         (1)  Within the framework of the school district code

                                  29

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  of student conduct, teachers and other instructional personnel

 2  shall have the authority to undertake any of the following

 3  actions in managing student behavior and ensuring the safety

 4  of all students in their classes and school:

 5         (c)  Have disobedient, disrespectful, violent, abusive,

 6  uncontrollable, or disruptive students temporarily removed

 7  from the classroom for behavior management intervention.

 8         (d)  Have violent, abusive, uncontrollable, or

 9  disruptive students directed for information or assistance

10  from appropriate school or district personnel.

11         Section 15.  Subsections (2), (3), and (5) of section

12  232.271, Florida Statutes, are amended to read:

13         232.271  Removal by teacher.--

14         (2)  A teacher may remove from class a student:

15         (a)  Who has been documented by the teacher to

16  repeatedly interfere with the teacher's ability to communicate

17  effectively with the students in the class or with the ability

18  of the student's classmates to learn; or

19         (b)  whose behavior the teacher determines is so

20  unruly, disruptive, or abusive that it seriously interferes

21  with the teacher's ability to communicate effectively with the

22  students in the class or with the ability of the student's

23  classmates to learn.

24         (3)  If a teacher removes a student from class under

25  subsection (2), the principal may place the student in another

26  appropriate classroom, in in-school suspension, or in a

27  dropout prevention and academic intervention program as

28  provided by s. 230.2316; or the principal may recommend the

29  student for out-of-school suspension or expulsion, as

30  appropriate. The student may be prohibited from attending or

31  participating in school-sponsored or school-related

                                  30

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  activities. The principal may not return the student to that

 2  teacher's class without the teacher's consent unless the

 3  committee established under s. 232.272 determines that such

 4  placement is the best or only available alternative. The

 5  teacher and the placement review committee must render

 6  decisions within 5 days of the removal of the student from the

 7  classroom.

 8         (5)  The department shall conduct a study on the number

 9  of students who are expelled from classrooms, placement

10  alternatives for students who are expelled, and the number of

11  decisions by teachers that are overridden by the placement

12  review committee.  A preliminary report to the Legislature

13  shall be submitted no later than March 1, 1997.  A final

14  report shall be submitted to the Legislature by September 1,

15  1997.

16         Section 16.  Section 232.275, Florida Statutes, is

17  amended to read:

18         232.275  Liability of teacher or principal.--Except in

19  the case of excessive force or cruel and unusual punishment, a

20  teacher or other member of the instructional staff, a

21  principal or the principal's designated representative, or a

22  bus driver shall not be civilly or criminally liable for any

23  action carried out in conformity with the state board and

24  district school board rules regarding the control, discipline,

25  suspension, and expulsion of students, including any exercise

26  of authority under s. 232.26, s. 232.27, or s. 232.271.

27         Section 17.  Section 235.192, Florida Statutes, is

28  created to read:

29         235.192  Coordination of school safety information;

30  construction design documents.--

31         (1)  Beginning October 1, 2000, each district

                                  31

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  superintendent of schools must provide to the law enforcement

 2  agency and fire department that has jurisdiction over each

 3  educational facility a copy of the floorplans and other

 4  relevant documents for each educational facility in the

 5  district, as defined in s. 235.011(6). After the initial

 6  submission of the floorplans and other relevant documents, the

 7  district superintendent of schools shall submit, by October 1

 8  of each year, revised floorplans and other relevant documents

 9  for each educational facility in the district that was

10  modified during the preceding year.

11         (2)  Beginning October 1, 2000, each community college

12  president must provide to the law enforcement agency and fire

13  department that has jurisdiction over the community college a

14  copy of the floorplans and other relevant documents for each

15  educational facility as defined in s. 235.011(6). After the

16  initial submission of the floorplans and other relevant

17  documents, the community college president shall submit, by

18  October 1 of each year, revised floorplans and other relevant

19  documents for each educational facility that was modified

20  during the preceding year.

21         Section 18.  Section 235.2157, Florida Statutes, is

22  created to read:

23         235.2157  Small school requirement.--

24         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:

25         (a)  Florida's schools are among the largest in the

26  nation.

27         (b)  Smaller schools provide benefits of reduced

28  discipline problems and crime, reduced truancy and gang

29  participation, reduced dropout rates, improved teacher and

30  student attitudes, improved student self-perception, student

31  academic achievement equal to or superior to that of students

                                  32

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  at larger schools, and increased parental involvement.

 2         (c)  Smaller schools can provide these benefits while

 3  not increasing administrative and construction costs.

 4         (2)  DEFINITION.--As used in this section, "small

 5  school" means:

 6         (a)  An elementary school with a student population of

 7  not more than 500 students.

 8         (b)  A middle school with a student population of not

 9  more than 700 students.

10         (c)  A high school with a student population of not

11  more than 900 students.

12         (d)  A school serving kindergarten through grade 8 with

13  a student population of not more than 700 students.

14         (e)  A school serving kindergarten through grade 12

15  with a student population of not more than 900 students.

16

17  A school on a single campus which operates as a

18  school-within-a-school, as defined by s. 230.23(20), shall be

19  considered a small school if each smaller unit located on the

20  single campus meets the requirements of this subsection.

21         (3)  REQUIREMENTS.--

22         (a)  Beginning July 1, 2003, all plans for new

23  educational facilities to be constructed within a school

24  district and reflected in the 5-year school district

25  facilities work plan shall be plans for small schools in order

26  to promote increased learning and more effective use of school

27  facilities.

28         (b)  Small schools shall comply with all laws, rules,

29  and court orders relating to racial balance.

30         (4)  EXCEPTIONS.--This section does not apply to plans

31  for new educational facilities already under architectural

                                  33

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  contract on July 1, 2003.

 2         Section 19.  Subsections (29) and (57) of section

 3  984.03, Florida Statutes, are amended to read:

 4         984.03  Definitions.--When used in this chapter, the

 5  term:

 6         (29)  "Habitually truant" means that:

 7         (a)  The child has 15 unexcused absences within 90

 8  calendar days with or without the knowledge or justifiable

 9  consent of the child's parent or legal guardian, is subject to

10  compulsory school attendance under s. 232.01, and is not

11  exempt under s. 232.06, s. 232.09, or any other exemptions

12  specified by law or the rules of the State Board of Education.

13         (b)  Activities to determine the cause, and to attempt

14  the remediation, of the child's truant behavior under ss.

15  232.17 and 232.19(3), have been completed.

16

17  If a child who is subject to compulsory school attendance is

18  responsive to the interventions described in ss. 232.17 and

19  232.19(3) and has completed the necessary requirements to pass

20  the current grade as indicated in the district pupil

21  progression plan, the child shall not be determined to be

22  habitually truant and shall be passed. If a child within the

23  compulsory school attendance age has 15 unexcused absences

24  within 90 calendar days or fails to enroll in school, the

25  State Attorney may, or the appropriate jurisdictional agency

26  shall, file a child-in-need-of-services petition if

27  recommended by the case staffing committee, unless it is

28  determined that another alternative action is preferable.

29         (c)  A school representative, designated according to

30  school board policy, and a juvenile probation officer of the

31  Department of Juvenile Justice have jointly investigated the

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  truancy problem or, if that was not feasible, have performed

 2  separate investigations to identify conditions that may be

 3  contributing to the truant behavior; and if, after a joint

 4  staffing of the case to determine the necessity for services,

 5  such services were determined to be needed, the persons who

 6  performed the investigations met jointly with the family and

 7  child to discuss any referral to appropriate community

 8  agencies for economic services, family or individual

 9  counseling, or other services required to remedy the

10  conditions that are contributing to the truant behavior.

11         (d)  The failure or refusal of the parent or legal

12  guardian or the child to participate, or make a good faith

13  effort to participate, in the activities prescribed to remedy

14  the truant behavior, or the failure or refusal of the child to

15  return to school after participation in activities required by

16  this subsection, or the failure of the child to stop the

17  truant behavior after the school administration and the

18  Department of Juvenile Justice have worked with the child as

19  described in ss. 232.17 and s. 232.19(3) and (4) shall be

20  handled as prescribed in s. 232.19.

21         (57)  "Truancy petition" means a petition filed by the

22  school superintendent of schools alleging that a student

23  subject to compulsory school attendance has had at least five

24  unexcused absences, or absences for which the reasons are

25  unknown, within a calendar month or 10 unexcused absences, or

26  absences for which the reasons are unknown, within a

27  90-calendar-day period, or has had more than 15 unexcused

28  absences in a 90-calendar-day period. A truancy petition is

29  filed and processed under s. 984.151.

30         Section 20.  Paragraph (b) of subsection (1) of section

31  984.13, Florida Statutes, is amended to read:

                                  35

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         984.13  Taking into custody a child alleged to be from

 2  a family in need of services or to be a child in need of

 3  services.--

 4         (1)  A child may be taken into custody:

 5         (b)  By a law enforcement officer when the officer has

 6  reasonable grounds to believe that the child is absent from

 7  school without authorization or is suspended or expelled and

 8  is not in the presence of his or her parent or legal guardian,

 9  for the purpose of delivering the child without unreasonable

10  delay to the appropriate school system site.  For the purpose

11  of this paragraph, "school system site" includes, but is not

12  limited to, a center approved by the superintendent of schools

13  for the purpose of counseling students and referring them back

14  to the school system or an approved alternative to a

15  suspension or expulsion program. If a student is suspended or

16  expelled from school without assignment to an alternative

17  school placement, the law enforcement officer shall deliver

18  the child to the parent or legal guardian or to a designated

19  truancy interdiction site until the parent or guardian can be

20  located.

21         Section 21.  Subsections (1) and (3) of section

22  984.151, Florida Statutes, are amended, and a new subsection

23  (9) is added to said section, to read:

24         984.151  Truancy petition; prosecution; disposition.--

25         (1)  If the school determines that a student subject to

26  compulsory school attendance has had at least five unexcused

27  absences, or absences for which the reasons are unknown,

28  within a calendar month or 10 unexcused absences, or absences

29  for which the reasons are unknown, within a 90-calendar-day

30  period pursuant to s. 232.17(1)(b), or has had more than 15

31  unexcused absences in a 90-calendar-day period, the

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  superintendent of schools may file a truancy petition.

 2         (3)  Original jurisdiction to hear a truancy petition

 3  shall be in the circuit court; however, the circuit court may

 4  use a general or special master pursuant to Supreme Court

 5  rules. Upon the filing of the petition, the clerk shall issue

 6  a summons to the parent, guardian, or legal custodian of the

 7  student, directing that person and the student to appear for a

 8  hearing at a time and place specified.

 9         (9)  The parent, guardian, or legal custodian and the

10  student shall participate, as required by court order, in any

11  sanctions or services required by the court under this

12  section, and the court shall enforce such participation

13  through its contempt power.

14         Section 22.  Section 414.125, Florida Statutes, is

15  amended to read:

16         414.125  Learnfare program.--

17         (1)  The department shall reduce the temporary cash

18  assistance for a participant's eligible dependent child or for

19  an eligible teenage participant who has not been exempted from

20  education participation requirements and who has been

21  identified as a habitual truant, pursuant to s. 228.041(28)

22  during a grading period in which the child or teenage

23  participant has accumulated a number of unexcused absences

24  from school that is sufficient to jeopardize the student's

25  academic progress, in accordance with rules adopted by the

26  department with input from the Department of Education.  The

27  temporary cash assistance must be reinstituted after a

28  subsequent grading period in which the child has substantially

29  improved the child's attendance. Good cause exemptions from

30  the rule of unexcused absences include the following:

31         (a)  The student is expelled from school and

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  alternative schooling is not available.

 2         (b)  No licensed day care is available for a child of

 3  teen parents subject to Learnfare.

 4         (c)  Prohibitive transportation problems exist (e.g.,

 5  to and from day care).

 6         (d)  The teen is over 16 years of age and not expected

 7  to graduate from high school by age 20.

 8

 9  Within 10 days after sanction notification, the participant

10  parent of a dependent child or the teenage participant may

11  file an internal fair hearings process review procedure

12  appeal, and no sanction shall be imposed until the appeal is

13  resolved.

14         (2)  Each participant with a school-age child is

15  required to have a conference with an appropriate school

16  official of the child's school during each semester grading

17  period to assure that the participant is involved in the

18  child's educational progress and is aware of any existing

19  attendance or academic problems. The conference must address

20  acceptable student attendance, grades, and behavior and must

21  be documented by the school and reported to the department.

22  The department shall notify a school of any student in

23  attendance at that school who is a participant in the

24  Learnfare program in order that the required conferences are

25  held. A participant who without good cause fails to attend a

26  conference with a school official is subject to the sanction

27  provided in subsection (1).

28         Section 23.  This act shall take effect July 1, 2000.

29

30

31

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3  Remove from the title of the bill:  the entire title

 4

 5  and insert in lieu thereof:

 6                      A bill to be entitled

 7         An act relating to school safety and student

 8         discipline; amending s. 228.041, F.S.; revising

 9         the definition of suspension; amending s.

10         229.57, F.S.; revising data used to determine a

11         school's performance grade category; amending

12         s. 230.23, F.S.; clarifying suspension options

13         for control of pupils; revising information

14         required to be included in the student code of

15         conduct; combining and clarifying provisions

16         relating to student possession of a weapon;

17         requiring the district code of student conduct

18         to include certain notice relating to expulsion

19         for making a threat or false report; defining

20         the term "school-within-a-school"; requiring

21         district school boards to address the

22         availability of specified student support

23         services professionals; amending and

24         redesignating s. 235.14, F.S.; specifying types

25         of drills and emergencies for which district

26         school boards are required to develop

27         procedures; requiring district school boards to

28         establish model emergency management and

29         emergency preparedness procedures; creating s.

30         230.23003, F.S.; providing requirements

31         relating to school safety incident data

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         collection and reporting; requiring each school

 2         principal to ensure that standardized forms are

 3         used to report school safety and discipline

 4         data; requiring the Department of Education to

 5         develop a form; amending s. 230.23015, F.S.,

 6         relating to disciplinary action for violation

 7         of s. 784.081; providing a cross reference;

 8         amending s. 230.23025, F.S.; requiring best

 9         financial management practices to address

10         school safety and security; creating s.

11         230.23145, F.S.; establishing a pilot program

12         to provide clerical assistance to guidance

13         counselors; providing eligibility requirements

14         for district participation; providing for the

15         selection of districts to participate; amending

16         s. 230.2316, F.S.; clarifying criteria for

17         student eligibility for services; amending s.

18         230.235, F.S.; specifying offenses for which a

19         student will be expelled for 1 year, and

20         referred for criminal prosecution, under

21         district school board zero tolerance for crime

22         policies; authorizing assignment to certain

23         alternative programs; providing a cross

24         reference relating to students with

25         disabilities; amending s. 232.17, F.S.;

26         requiring principals to notify certain persons

27         that specified students are exhibiting a

28         pattern of nonattendance; clarifying

29         authorization for intervention through a

30         truancy petition; providing an appeals process;

31         providing for procedures of portfolio review by

                                  40

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         a home education review committee of a parent

 2         whose child has been identified as exhibiting a

 3         pattern of nonattendance who enrolls in a home

 4         education program; providing penalties for

 5         noncompliance; amending s. 232.25, F.S.,

 6         relating to control of pupils; providing a

 7         cross reference; creating s. 232.251, F.S.;

 8         codifying federal requirements for disciplinary

 9         actions against students with disabilities;

10         amending s. 232.26, F.S.; clarifying

11         requirements for suspension proceedings against

12         a student who is formally charged with a

13         felony; specifying that expulsion of a student

14         with a disability must be made pursuant to law

15         and state board rule; amending s. 232.27, F.S.;

16         authorizing teachers or other instructional

17         personnel to have disobedient and disrespectful

18         students temporarily removed from the classroom

19         and to have certain students directed for

20         information or assistance from appropriate

21         personnel; amending s. 232.271, F.S.; revising

22         the behavior considered to be cause for teacher

23         removal of students; revising placement of

24         students who are removed; removing obsolete

25         language relating to a study and a report;

26         amending s. 232.275, F.S.; prohibiting certain

27         school personnel from being held civilly or

28         criminally liable for the exercise of authority

29         provided by certain provisions of law; creating

30         s. 235.192, F.S., relating to the coordination

31         of school safety information; requiring the

                                  41

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                                                   HOUSE AMENDMENT

    560-238AX-00       Bill No. CS/CS/CS/SB 852 & others, 2nd Eng.

    Amendment No.     (for drafter's use only)





 1         provision of copies of educational facility

 2         floorplans and other relevant documents to

 3         specific agencies; creating s. 235.2157, F.S.;

 4         providing legislative findings; defining the

 5         term "small school"; requiring the construction

 6         of only small schools after a certain date;

 7         requiring small schools to comply with racial

 8         balance requirements; providing an exception;

 9         amending s. 984.03, F.S.; revising the

10         definition of "truancy petition"; amending s.

11         984.13, F.S.; enabling a law enforcement

12         officer to take into custody a child who is

13         suspended or expelled and who is not in the

14         presence of his or her parent or legal

15         guardian; revising the definition of "school

16         system"; amending s. 984.151, F.S.; revising

17         requirements for filing a truancy petition;

18         requiring the issuance of a summons; providing

19         for use of contempt powers; amending s.

20         414.125, F.S.; revising criteria for reduction

21         of temporary cash assistance; providing an

22         effective date.

23

24

25

26

27

28

29

30

31

                                  42

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