HB 997

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

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