Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 590
       
       
       
       
       
       
                                Ì867556OÎ867556                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/20/2021           .                                
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       The Committee on Appropriations (Harrell) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 121 - 196
    4  and insert:
    5  1002.20, Florida Statutes, is amended, and a new subsection (25)
    6  is added to that section, to read:
    7         1002.20 K-12 student and parent rights.—Parents of public
    8  school students must receive accurate and timely information
    9  regarding their child’s academic progress and must be informed
   10  of ways they can help their child to succeed in school. K-12
   11  students and their parents are afforded numerous statutory
   12  rights including, but not limited to, the following:
   13         (3) HEALTH ISSUES.—
   14         (l) Notification of involuntary examinations.—
   15         1. Except as provided in subparagraph 2., the public school
   16  principal or the principal’s designee shall immediately notify
   17  the parent of a student before the student who is removed from
   18  school, school transportation, or a school-sponsored activity to
   19  be and taken to a receiving facility for an involuntary
   20  examination pursuant to s. 394.463.
   21         2. The principal or the principal’s designee may delay the
   22  required notification for no more than 24 hours after the
   23  student is removed if:
   24         a. The principal or the principal’s designee deems the
   25  delay to be in the student’s best interest and if a report has
   26  been submitted to the central abuse hotline, pursuant to s.
   27  39.201, based upon knowledge or suspicion of abuse, abandonment,
   28  or neglect; or
   29         b. The principal or the principal’s designee reasonably
   30  believes that such delay is necessary to avoid jeopardizing the
   31  health and safety of the student.
   32         3. Before a principal or his or her designee contacts a law
   33  enforcement officer, he or she must verify that deescalation de
   34  escalation strategies have been utilized and outreach to a
   35  mobile response team has been initiated unless the principal or
   36  the principal’s designee reasonably believes that any delay in
   37  removing the student will increase the likelihood of harm to the
   38  student or others. This requirement does not supersede the
   39  authority of a law enforcement officer to act under s. 394.463.
   40  
   41  Each district school board shall develop a policy and procedures
   42  for notification under this paragraph.
   43         (25)SAFE SCHOOLS.—
   44         (a)School safety and emergency incidents.—Parents of
   45  public school students have a right to timely notification of
   46  threats, unlawful acts, and significant emergencies pursuant to
   47  s. 1006.07(4) and (7).
   48         (b)School environmental safety incident reporting.—Parents
   49  of public school students have a right to access school safety
   50  and discipline incidents as reported pursuant to s. 1006.07(9).
   51         Section 5. Paragraph (q) of subsection (9) of section
   52  1002.33, Florida Statutes, is amended, and paragraph (r) is
   53  added to that subsection, to read:
   54         1002.33 Charter schools.—
   55         (9) CHARTER SCHOOL REQUIREMENTS.—
   56         (q)1. The charter school principal or the principal’s
   57  designee shall immediately notify the parent of a student before
   58  the student who is removed from school, school transportation,
   59  or a school-sponsored activity to be and taken to a receiving
   60  facility for an involuntary examination pursuant to s. 394.463.
   61         2. The principal or the principal’s designee may delay
   62  notification for no more than 24 hours after the student is
   63  removed if:
   64         a. The principal or the principal’s designee deems the
   65  delay to be in the student’s best interest and if a report has
   66  been submitted to the central abuse hotline, pursuant to s.
   67  39.201, based upon knowledge or suspicion of abuse, abandonment,
   68  or neglect; or
   69         b. The principal or the principal’s designee reasonably
   70  believes that such delay is necessary to avoid jeopardizing the
   71  health and safety of the student.
   72         3. Before a principal or his or her designee contacts a law
   73  enforcement officer, he or she must verify that deescalation de
   74  escalation strategies have been utilized and outreach to a
   75  mobile response team has been initiated unless the principal or
   76  the principal’s designee reasonably believes that any delay in
   77  removing the student will increase the likelihood of harm to the
   78  student or others. This requirement does not supersede the
   79  authority of a law enforcement officer to act under s. 394.463.
   80  
   81  Each charter school governing board shall develop a policy and
   82  procedures for notification under this paragraph.
   83         (r)1.Parents of charter school students have a right to
   84  timely notification of threats, unlawful acts, and significant
   85  emergencies pursuant to s. 1006.07(4) and (7).
   86         2.Parents of charter school students have a right to
   87  access school safety and discipline incidents as reported
   88  pursuant to s. 1006.07(9).
   89         Section 6. Paragraphs (a) and (b) of subsection (4) of
   90  section 1006.07, Florida Statutes, are amended, and paragraphs
   91  (n) and (o) of subsection (2) and subsection (10) are added to
   92  that section, to read:
   93         1006.07 District school board duties relating to student
   94  discipline and school safety.—The district school board shall
   95  provide for the proper accounting for all students, for the
   96  attendance and control of students at school, and for proper
   97  attention to health, safety, and other matters relating to the
   98  welfare of students, including:
   99         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  100  conduct for elementary schools and a code of student conduct for
  101  middle and high schools and distribute the appropriate code to
  102  all teachers, school personnel, students, and parents, at the
  103  beginning of every school year. Each code shall be organized and
  104  written in language that is understandable to students and
  105  parents and shall be discussed at the beginning of every school
  106  year in student classes, school advisory council meetings, and
  107  parent and teacher association or organization meetings. Each
  108  code shall be based on the rules governing student conduct and
  109  discipline adopted by the district school board and shall be
  110  made available in the student handbook or similar publication.
  111  Each code shall include, but is not limited to:
  112         (n)Criteria for recommending to law enforcement that a
  113  student who commits a criminal offense be allowed to participate
  114  in a civil citation or similar prearrest diversion program as an
  115  alternative to expulsion or arrest. All civil citation or
  116  similar prearrest diversion programs must comply with s. 985.12.
  117         (o)Criteria for assigning a student who commits a petty
  118  act of misconduct, as defined by the district school board
  119  pursuant to s. 1006.13(2)(c), to a school-based intervention
  120  program. If a student’s assignment is based on a noncriminal
  121  offense, the student’s participation in a school-based
  122  intervention program may not be entered into the Juvenile
  123  Justice Information System Prevention Web.
  124         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  125         (a) Formulate and prescribe policies and procedures, in
  126  consultation with the appropriate public safety agencies, for
  127  emergency drills and for actual emergencies, including, but not
  128  limited to, fires, natural disasters, active assailant shooter
  129  and hostage situations, and bomb threats, for all students and
  130  faculty at all public schools of the district comprised of
  131  grades K-12. Drills for active assailant shooter and hostage
  132  situations shall be conducted in accordance with developmentally
  133  appropriate and age-appropriate procedures at least as often as
  134  other emergency drills. District school board policies shall
  135  include commonly used alarm system responses for specific types
  136  of emergencies and verification by each school that drills have
  137  been provided as required by law and fire protection codes and
  138  may provide accommodations for drills conducted by exceptional
  139  student education centers. District school boards shall
  140  establish The emergency response and emergency preparedness
  141  policies and procedures that include, but are not limited to,
  142  identifying policy shall identify the individuals responsible
  143  for contacting the primary emergency response agency and the
  144  emergency response agency that is responsible for notifying the
  145  school district for each type of emergency.
  146         (b) Provide timely Establish model emergency management and
  147  emergency preparedness procedures, including emergency
  148  notification to parents of threats pursuant to policies adopted
  149  under subsection (7) and procedures pursuant to paragraph (a),
  150  for the following unlawful acts or significant emergencies that
  151  occur on school grounds, during school transportation, or during
  152  school-sponsored activities life-threatening emergencies:
  153         1. Weapons possession or use when there is intended harm
  154  toward another person Weapon-use, hostage, and active assailant
  155  shooter situations. The active assailant shooter situation
  156  training for each school must engage the participation of the
  157  district school safety specialist, threat assessment team
  158  members, faculty, staff, and students and must be conducted by
  159  the law enforcement agency or agencies that are designated as
  160  first responders to the school’s campus.
  161         2.Murder, homicide, or manslaughter.
  162         3.Sex offenses, including rape, sexual assault, or sexual
  163  misconduct with a student by school personnel.
  164         2.Hazardous materials or toxic chemical spills.
  165         4.3.Natural Weather emergencies, including hurricanes,
  166  tornadoes, and severe storms.
  167         5.4. Exposure as a result of a manmade emergency.
  168  
  169  ================= T I T L E  A M E N D M E N T ================
  170  And the title is amended as follows:
  171         Delete lines 11 - 21
  172  and insert:
  173         guardian notification requirements; providing an
  174         exception; providing that parents of public school
  175         students have a right to access school safety and
  176         discipline incidents as reported; amending s. 1002.33,
  177         F.S.; revising parent and guardian notification
  178         requirements; providing an exception; providing that
  179         parents of charter school students have a right to
  180         access school safety and discipline incidents as
  181         reported; amending s. 1006.07, F.S.; requiring codes
  182         of student conduct to include provisions relating to
  183         civil citation or similar prearrest diversion programs
  184         for specified purposes; requiring codes of student
  185         conduct to include provisions relating to the
  186         assignment of students to school-based intervention
  187         programs; prohibiting participation in such programs
  188         from being entered into a specified system under
  189         certain circumstances; authorizing certain procedures
  190         to include accommodations for specified drills;
  191         requiring district school boards to establish certain
  192         emergency response and emergency preparedness policies
  193         and procedures and provide timely notification to
  194         parents following certain unlawful acts or significant
  195         emergencies; creating reporting requirements for
  196         schools