Florida Senate - 2009 CS for CS for CS for CS for SB 1540
By the Committees on Education Pre-K - 12 Appropriations;
Judiciary; Criminal Justice; and Education Pre-K - 12; and
Senators Wise and Sobel
602-05633-09 20091540c4
1 A bill to be entitled
2 An act relating to zero-tolerance policies; amending
3 s. 1002.20, F.S.; conforming cross-references;
4 requiring that a district school board having a policy
5 authorizing corporal punishment as a form of
6 discipline review its policy on corporal punishment at
7 specified intervals; requiring that such review be
8 conducted at a district school board meeting held
9 pursuant to state law; requiring that the district
10 school board take public testimony at such meeting;
11 providing for the expiration of a district school
12 board’s policy authorizing corporal punishment under
13 certain circumstances; amending s. 1006.09, F.S.;
14 conforming cross-references; amending s. 1006.13,
15 F.S.; providing legislative intent and findings;
16 revising the requirements for zero-tolerance policies;
17 deleting provisions relating to agreements with the
18 county sheriff’s office and local police departments;
19 requiring that such agreements specify guidelines for
20 addressing acts that pose a serious threat to school
21 safety; providing that zero-tolerance policies do not
22 require the reporting of petty acts of misconduct and
23 misdemeanors to a law enforcement agency; requiring
24 each district school board to adopt a cooperative
25 agreement with the Department of Juvenile Justice
26 which establishes certain guidelines; requiring that
27 any disciplinary or prosecutorial action taken against
28 a student who violates a zero-tolerance policy be
29 based on the particular circumstances surrounding the
30 student’s misconduct; encouraging school districts to
31 use alternatives to expulsion or referral to law
32 enforcement agencies unless using such alternatives
33 will pose a threat to school safety; prohibiting a
34 student from exposing below-waist underwear in a
35 specified manner while on the grounds of a public
36 school; providing penalties; providing an effective
37 date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Paragraph (c) of subsection (4) and subsection
42 (5) of section 1002.20, Florida Statutes, are amended to read:
43 1002.20 K-12 student and parent rights.—Parents of public
44 school students must receive accurate and timely information
45 regarding their child’s academic progress and must be informed
46 of ways they can help their child to succeed in school. K-12
47 students and their parents are afforded numerous statutory
48 rights including, but not limited to, the following:
49 (4) DISCIPLINE.—
50 (c) Corporal punishment.—
51 1. In accordance with the provisions of s. 1003.32,
52 corporal punishment of a public school student may only be
53 administered by a teacher or school principal within guidelines
54 of the school principal and according to district school board
55 policy. Another adult must be present and must be informed in
56 the student’s presence of the reason for the punishment. Upon
57 request, the teacher or school principal must provide the parent
58 with a written explanation of the reason for the punishment and
59 the name of the other adult who was present.
60 2. A district school board having a policy authorizing the
61 use of corporal punishment as a form of discipline shall review
62 its policy on corporal punishment once every 3 years during a
63 district school board meeting held pursuant to s. 1001.372. The
64 district school board shall take public testimony at the board
65 meeting. If such board meeting is not held in accordance with
66 this subparagraph, the portion of the district school board’s
67 policy authorizing corporal punishment expires.
68 (5) SAFETY.—In accordance with the provisions of s.
69 1006.13(6) s. 1006.13(5), students who have been victims of
70 certain felony offenses by other students, as well as the
71 siblings of the student victims, have the right to be kept
72 separated from the student offender both at school and during
73 school transportation.
74 Section 2. Subsection (4) of section 1006.09, Florida
75 Statutes, is amended to read:
76 1006.09 Duties of school principal relating to student
77 discipline and school safety.—
78 (4) When a student has been the victim of a violent crime
79 perpetrated by another student who attends the same school, the
80 school principal shall make full and effective use of the
81 provisions of subsection (2) and s. 1006.13(6) s. 1006.13(5). A
82 school principal who fails to comply with this subsection shall
83 be ineligible for any portion of the performance pay policy
84 incentive or the differentiated pay under s. 1012.22. However,
85 if any party responsible for notification fails to properly
86 notify the school, the school principal shall be eligible for
87 the incentive or differentiated pay.
88 Section 3. Section 1006.13, Florida Statutes, is amended to
89 read:
90 1006.13 Policy of zero tolerance for crime and
91 victimization.—
92 (1) It is the intent of the Legislature to promote a safe
93 and supportive learning environment in schools, to protect
94 students and staff from conduct that poses a serious threat to
95 school safety, and to encourage schools to use alternatives to
96 expulsion or referral to law enforcement agencies by addressing
97 disruptive behavior through restitution, civil citation, teen
98 court, neighborhood restorative justice, or similar programs.
99 The Legislature finds that zero-tolerance policies are not
100 intended to be rigorously applied to petty acts of misconduct
101 and misdemeanors, including, but not limited to, minor fights or
102 disturbances. The Legislature finds that zero-tolerance policies
103 must apply equally to all students regardless of their economic
104 status, race, or disability.
105 (2)(1) Each district school board shall adopt a policy of
106 zero tolerance that for:
107 (a) Defines criteria for reporting to a law enforcement
108 agency any act that occurs whenever or wherever students are
109 within the jurisdiction of the district school board.
110 (b) Defines acts that pose a serious threat to school
111 safety.
112 (c) Defines petty acts of misconduct. Crime and substance
113 abuse, including the reporting of delinquent acts and crimes
114 occurring whenever and wherever students are under the
115 jurisdiction of the district school board.
116 (d)(b) Minimizes the victimization of students, staff, or
117 volunteers, including taking all steps necessary to protect the
118 victim of any violent crime from any further victimization.
119 (e) Establishes a procedure that provides each student with
120 the opportunity for a review of the disciplinary action imposed
121 pursuant to s. 1006.07.
122 (3)(2) Zero-tolerance policies must The zero tolerance
123 policy shall require students found to have committed one of the
124 following offenses to be expelled, with or without continuing
125 educational services, from the student’s regular school for a
126 period of not less than 1 full year, and to be referred to the
127 criminal justice or juvenile justice system.
128 (a) Bringing a firearm or weapon, as defined in chapter
129 790, to school, to any school function, or onto any school
130 sponsored transportation or possessing a firearm at school.
131 (b) Making a threat or false report, as defined by ss.
132 790.162 and 790.163, respectively, involving school or school
133 personnel’s property, school transportation, or a school
134 sponsored activity.
135
136 District school boards may assign the student to a disciplinary
137 program for the purpose of continuing educational services
138 during the period of expulsion. District school superintendents
139 may consider the 1-year expulsion requirement on a case-by-case
140 basis and request the district school board to modify the
141 requirement by assigning the student to a disciplinary program
142 or second chance school if the request for modification is in
143 writing and it is determined to be in the best interest of the
144 student and the school system. If a student committing any of
145 the offenses in this subsection is a student who has with a
146 disability, the district school board shall comply with
147 applicable State Board of Education rules.
148 (4)(a)(3) Each district school board shall enter into
149 agreements with the county sheriff’s office and local police
150 department specifying guidelines for ensuring that acts that
151 pose a serious threat to school safety felonies and violent
152 misdemeanors, whether committed by a student or adult, and
153 delinquent acts that would be felonies or violent misdemeanors
154 if committed by an adult, are reported to a law enforcement
155 agency. Each district school board shall adopt a cooperative
156 agreement, pursuant to s. 1003.52(13) with the Department of
157 Juvenile Justice, that specifies guidelines for ensuring that
158 all no contact orders entered by the court are reported and
159 enforced and that all steps necessary are taken to protect the
160 victim of any such crime. Such
161 (b) The agreements must shall include the role of school
162 resource officers, if applicable, in handling reported
163 incidents, special circumstances in which school officials may
164 handle incidents without filing a report with a to law
165 enforcement agency, and a procedure for ensuring that school
166 personnel properly report appropriate delinquent acts and
167 crimes.
168 (c) Zero-tolerance policies do not require the reporting of
169 petty acts of misconduct and misdemeanors to a law enforcement
170 agency, including, but not limited to, disorderly conduct,
171 disrupting a school function, simple assault or battery, affray,
172 theft of less than $300, trespassing, and vandalism of less than
173 $1,000.
174 (d) The school principal shall ensure be responsible for
175 ensuring that all school personnel are properly informed as to
176 their responsibilities regarding crime reporting, that
177 appropriate delinquent acts and crimes are properly reported,
178 and that actions taken in cases with special circumstances are
179 properly taken and documented.
180 (5)(4) Notwithstanding any other provision of law, each
181 district school board shall adopt rules providing that any
182 student found to have committed any offense in a violation of s.
183 784.081(1), (2), or (3) shall be expelled or placed in an
184 alternative school setting or other program, as appropriate.
185 Upon being charged with the offense, the student shall be
186 removed from the classroom immediately and placed in an
187 alternative school setting pending disposition.
188 (6)(5)(a) Notwithstanding any provision of law prohibiting
189 the disclosure of the identity of a minor, whenever any student
190 who is attending a public school is adjudicated guilty of or
191 delinquent for, or is found to have committed, regardless of
192 whether adjudication is withheld, or pleads guilty or nolo
193 contendere to, a felony violation of:
194 1. Chapter 782, relating to homicide;
195 2. Chapter 784, relating to assault, battery, and culpable
196 negligence;
197 3. Chapter 787, relating to kidnapping, false imprisonment,
198 luring or enticing a child, and custody offenses;
199 4. Chapter 794, relating to sexual battery;
200 5. Chapter 800, relating to lewdness and indecent exposure;
201 6. Chapter 827, relating to abuse of children;
202 7. Section 812.13, relating to robbery;
203 8. Section 812.131, relating to robbery by sudden
204 snatching;
205 9. Section 812.133, relating to carjacking; or
206 10. Section 812.135, relating to home-invasion robbery,
207
208 and, before or at the time of such adjudication, withholding of
209 adjudication, or plea, the offender was attending a school
210 attended by the victim or a sibling of the victim of the
211 offense, the Department of Juvenile Justice shall notify the
212 appropriate district school board of the adjudication or plea,
213 the requirements in of this paragraph, and whether the offender
214 is prohibited from attending that school or riding on a school
215 bus whenever the victim or a sibling of the victim is attending
216 the same school or riding on the same school bus, except as
217 provided pursuant to a written disposition order under s.
218 985.455(2). Upon receipt of such notice, the district school
219 board shall take appropriate action to effectuate the provisions
220 in of paragraph (b).
221 (b) Each district school board shall adopt a cooperative
222 agreement with the Department of Juvenile Justice which
223 establishes guidelines for ensuring that any no contact order
224 entered by a court is reported and enforced and that all of the
225 necessary steps are taken to protect the victim of the offense.
226 Any offender described in paragraph (a), who is not exempted as
227 provided in paragraph (a), may shall not attend any school
228 attended by the victim or a sibling of the victim of the offense
229 or ride on a school bus on which the victim or a sibling of the
230 victim is riding. The offender shall be permitted by the
231 district school board to attend another school within the
232 district in which the offender resides, only if provided the
233 other school is not attended by the victim or sibling of the
234 victim of the offense; or the offender may be permitted by
235 another district school board to attend a school in that
236 district if the offender is unable to attend any school in the
237 district in which the offender resides.
238 (c) If the offender is unable to attend any other school in
239 the district in which the offender resides and is prohibited
240 from attending a school in another school district, the district
241 school board in the school district in which the offender
242 resides shall take every reasonable precaution to keep the
243 offender separated from the victim while on school grounds or on
244 school transportation. The steps to be taken by a district
245 school board to keep the offender separated from the victim must
246 shall include, but are not limited to, in-school suspension of
247 the offender and the scheduling of classes, lunch, or other
248 school activities of the victim and the offender so as not to
249 coincide.
250 (d) The offender, or the parents of the offender if the
251 offender is a juvenile, shall arrange be responsible for
252 arranging and pay paying for transportation associated with or
253 required by the offender’s attending another school or that
254 would be required as a consequence of the prohibition against
255 riding on a school bus on which the victim or a sibling of the
256 victim is riding. However, the offender or the parents of the
257 offender may shall not be charged for existing modes of
258 transportation that can be used by the offender at no additional
259 cost to the district school board.
260 (7) Any disciplinary or prosecutorial action taken against
261 a student who violates a zero-tolerance policy must be based on
262 the particular circumstances of the student’s misconduct.
263 (8) School districts are encouraged to use alternatives to
264 expulsion or referral to law enforcement agencies unless the use
265 of such alternatives will pose a threat to school safety.
266 Section 4. Exposure of undergarments.—
267 (1) A student may not wear and expose below-waist underwear
268 while on the grounds of a public school in a manner that exposes
269 or exhibits one’s covered or uncovered sexual organs in a vulgar
270 and indecent manner.
271 (2) For a first offense, a student who violates this
272 section shall be given a verbal warning, and the school
273 principal shall call the student’s parents. For a second
274 offense, a student shall receive an in-school suspension
275 pursuant to s. 1003.01(5)(b), Florida Statutes, for a period not
276 to exceed 3 days, and the school principal shall call the
277 student’s parents and send them a written letter regarding the
278 student’s suspension. For a third offense, the student shall be
279 suspended from school pursuant to s. 1003.01(5)(a), Florida
280 Statutes, for period not to exceed 5 days, and the school
281 principal shall meet with the student’s parents. For a fourth or
282 subsequent violation, the student shall be suspended from school
283 pursuant to s. 1003.01(5)(a), Florida Statutes, for 10 days.
284 Section 5. This act shall take effect July 1, 2009.