The Florida Senate

1003.31  Students subject to control of school.--

(1)  Subject to law and rules of the State Board of Education and of the district school board, each student enrolled in a school shall:

(a)  During the time she or he is being transported to or from school at public expense;

(b)  During the time she or he is attending school;

(c)  During the time she or he is on the school premises participating with authorization in a school-sponsored activity; and

(d)  During a reasonable time before and after the student is on the premises for attendance at school or for authorized participation in a school-sponsored activity, and only when on the premises,

be under the control and direction of the principal or teacher in charge of the school, and under the immediate control and direction of the teacher or other member of the instructional staff or of the bus driver to whom such responsibility may be assigned by the principal. However, the State Board of Education or the district school board may, by rules, subject each student to the control and direction of the principal or teacher in charge of the school during the time she or he is otherwise en route to or from school or is presumed by law to be attending school. Each district school board, each district school superintendent, and each school principal shall fully support the authority of teachers, according to s. 1003.32, and school bus drivers to remove disobedient, disrespectful, violent, abusive, uncontrollable, or disruptive students from the classroom and the school bus and, when appropriate and available, place such students in an alternative educational setting.

(2)  There is a rebuttable presumption that the term "reasonable time" means 30 minutes before or after the activity is scheduled or actually begins or ends, whichever period is longer. A school or district school board may, by policy or other formal action, assume a longer period of supervision. Casual or incidental contact between school district personnel and students on school property shall not result in a legal duty to supervise outside of the reasonable times set forth in this section, provided that parents shall be advised in writing twice per year or by posted signs of the school's formal supervisory responsibility and that parents should not rely on additional supervision. The duty of supervision shall not extend to anyone other than students attending school and students authorized to participate in school-sponsored activities.

(3)  Nothing shall prohibit a district school board from having the right to expel, or to take disciplinary action against, a student who is found to have committed an offense on school property at any time if:

(a)  The student is found to have committed a delinquent act which would be a felony if committed by an adult;

(b)  The student has had adjudication withheld for a delinquent act which, if committed by an adult, would be a felony; or

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

However, if the student is a student with a disability, the disciplinary action must comply with the procedures set forth in State Board of Education rule.

(4)  Each student enrolled in a school may be required to take the following school child's daily conduct pledge:

(a)  I will be respectful at all times and obedient unless asked to do wrong.

(b)  I will not hurt another person with my words or my acts, because it is wrong to hurt others.

(c)  I will tell the truth, because it is wrong to tell a lie.

(d)  I will not steal, because it is wrong to take someone else's property.

(e)  I will respect my body, and not take drugs.

(f)  I will show strength and courage, and not do something wrong, just because others are doing it.

(g)  I pledge to be nonviolent and to respect my teachers and fellow classmates.

History.--s. 126, ch. 2002-387; s. 35, ch. 2003-391.