CODING: Words stricken are deletions; words underlined are additions.House Bill 1309e2
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
A bill to be entitled
2
An act relating to student discipline and
3
school safety; amending s. 232.09, F.S.;
4
revising provisions relating to student
5
attendance responsibility and policy; creating
6
s. 232.0205, F.S.; requiring certain disclosure
7
at school registration and providing penalties
8
for willful nondisclosure; amending s. 232.01,
9
F.S.; revising compulsory school attendance
10
requirements to require children over age 16 to
11
file a formal declaration of intent to
12
terminate school enrollment in order to be
13
exempt from compulsory school attendance
14
requirements; amending s. 39.01, F.S.; revising
15
provisions regarding habitual truancy; amending
16
s. 228.041, F.S.; revising the definitions of
17
the terms "habitual truant" and "dropout";
18
amending s. 232.2462, F.S.; conforming
19
provisions; amending s. 414.125, F.S.;
20
providing Learnfare program requirements;
21
amending s. 232.17, F.S.; revising procedures
22
relating to enforcement of school attendance;
23
amending s. 232.19, F.S.; revising penalties
24
and court procedures relating to habitual
25
truancy; requiring each public school principal
26
to notify the district school board of students
27
who accumulate a specified number of unexcused
28
absences; authorizing the governing body of a
29
private school to provide such information to
30
the Department of Education; providing for
31
court-ordered parent training classes and
1
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
providing penalties for termination of an
2
employee required to attend such classes, under
3
certain circumstances; authorizing the court to
4
impose civil penalties on, or require
5
participation in community service or
6
counseling by, the child; amending s. 232.195,
7
F.S., relating to truancy activities upon
8
transfer of student, to conform; creating s.
9
232.197, F.S.; requiring notification to a
10
school of court action directly involving the
11
school; amending s. 232.2452, F.S.; revising
12
requirements relating to student report cards;
13
amending s. 232.25, F.S., relating to pupils
14
subject to control of school; providing for a
15
school child's daily conduct pledge; amending
16
s. 39.015, F.S., relating to rulemaking
17
regarding habitual truants, to conform to the
18
act; amending s. 230.2316, F.S., relating to
19
dropout prevention; providing that second
20
chance schools may include residential
21
academies; providing criteria for
22
establishment, operation, and funding of
23
residential academies; providing criteria for
24
participation; requiring parents and legal
25
guardians of students assigned to programs
26
funded by the dropout prevention program to
27
comply with the requirements of the assignment
28
and providing penalties; amending s. 39.085,
29
F.S.; revising provisions relating to the
30
Alternative Education Institute, to convert its
31
mission and procedures and clarify its
2
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
membership and duties; creating s. 230.235,
2
F.S.; requiring school districts to adopt a
3
policy of zero tolerance for crime, including
4
criminal substance abuse violations; amending
5
s. 232.277, F.S.; requiring reporting and
6
notification of student substance abuse;
7
amending s. 790.115, F.S.; expanding offenses
8
that are punishable as possessing or
9
discharging weapons or firearms on school
10
property and providing a qualifier to an
11
exception from such offense; amending s.
12
230.23015, F.S.; clarifying provisions relating
13
to students who commit assault or battery on
14
school personnel; repealing s. 322.0601, F.S.,
15
relating to driver's licenses for minors;
16
providing effective dates.
17
18
WHEREAS, the primary focus of the 1997 Legislature is
19
education, and
20
WHEREAS, in the first month of the 1997 session, the
21
Legislature has passed two major components of its education
22
agenda, the first of which raises student academic standards
23
across the board and the second of which provides for
24
better-educated and better-prepared teachers, and
25
WHEREAS, a third major component of the 1997
26
legislative education agenda is student discipline and school
27
safety, and
28
WHEREAS, it is the intent of the Legislature to raise
29
the standards of student discipline and school safety as
30
dramatically as it has raised student academic and teacher
31
certification standards, NOW, THEREFORE,
3
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
Be It Enacted by the Legislature of the State of Florida:
2
3
Section 1. Section 232.09, Florida Statutes, is
4
amended to read:
5
232.09 Parents and legal guardians responsible for
6
attendance of children; attendance policy.--
7
(1) The Legislature finds:
8
(a) It is essential that our children receive an
9
education.
10
(b) Failure to attend school in a regular and timely
11
fashion hinders the education process.
12
(c) Truancy and poor school performance have a direct
13
relationship to juvenile delinquency and destructive behavior.
14
(d) A disproportionate percentage of juvenile crime
15
occurs when juveniles should be in school.
16
(e) Parents and guardians must be responsible, within
17
reason, for sending their children to school.
18
(f) If a juvenile refuses to attend school or a parent
19
or guardian refuses to compel the child to attend school,
20
there must exist an efficient and expedient process to enforce
21
attendance laws.
22
(2) Each parent and legal guardian of a child within
23
the compulsory attendance age is shall be responsible for the
24
such child's school attendance as required by law. The
25
absence of a child from school is shall be prima facie
26
evidence of a violation of this section; however, no criminal
27
prosecution may not shall be brought against a parent,
28
guardian, or other person having control of the child until
29
the provisions of s. 232.17(2)(c) have been complied with. A
30
No parent or guardian of a child is not shall be held
31
4
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
responsible for the such child's nonattendance at school under
2
any of the following conditions:
3
(a)(1) With permission.--The absence was with
4
permission of the head of the school; or
5
(b)(2) Without knowledge.--The absence was without the
6
parent's knowledge, consent, or connivance, in which case the
7
child shall be dealt with as a dependent child; or
8
(c)(3) Financial inability.--The parent was unable
9
financially to provide necessary clothes for the child, which
10
inability was reported in writing to the superintendent prior
11
to the opening of school or immediately after the beginning of
12
such inability; provided, that the validity of any claim for
13
exemption under this subsection shall be determined by the
14
superintendent subject to appeal to the school board; or
15
(d)(4) Sickness, injury, or other insurmountable
16
condition.--Attendance was impracticable or inadvisable on
17
account of sickness or injury, attested to by a written
18
statement of a licensed practicing physician, or was
19
impracticable because of some other stated insurmountable
20
condition as defined by regulations of the state board. If a
21
student is continually sick and repeatedly absent from school,
22
he or she must be under the supervision of a physician in
23
order to receive an excuse from attendance. Such excuse
24
provides that a student's condition justifies absence for more
25
than the number of days permitted by the district school
26
board.
27
28
Each district school board shall establish an attendance
29
policy which includes, but is not limited to, the required
30
number of days each school year that a student must be in
31
attendance and the number of absences and tardinesses after
5
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
which a statement explaining such absences and tardinesses
2
must be on file at the school. Each school in the district
3
must determine if an absence or tardiness is excused or
4
unexcused according to criteria established by the district
5
school board.
6
Section 2. Section 232.0205, Florida Statutes, is
7
created to read:
8
232.0205 Disclosure at school registration.--According
9
to procedures established by the district school board, each
10
student at the time of initial registration for school in a
11
school district shall note previous school expulsions, arrests
12
resulting in a charge, and juvenile justice actions the
13
student has had.
14
Section 3. Paragraph (c) of subsection (1) of section
15
232.01, Florida Statutes, is amended to read:
16
232.01 Regular school attendance required between ages
17
of 6 and 16; permitted at age of 5; exceptions.--
18
(1)
19
(c) A child who attains the age of 16 years during the
20
school year shall not be required to attend school beyond the
21
date upon he or she attains that age. A child who is subject
22
to compulsory school attendance who intends to terminate
23
school enrollment shall file a declaration of such intent.
24
The declaration must acknowledge that terminating school
25
enrollment is likely to reduce the student's earning potential
26
and must be signed by the child and the child's parent or
27
legal guardian. A child who attains the age of 18 years during
28
the school year is not subject to compulsory school attendance
29
beyond the date upon which he or she attains that age.
30
31
6
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
Section 4. Paragraph (b) of subsection (12) and
2
subsection (73) of section 39.01, Florida Statutes, 1996
3
Supplement, are amended to read:
4
39.01 Definitions.--When used in this chapter:
5
(12) "Child in need of services" means a child for
6
whom there is no pending investigation into an allegation or
7
suspicion of abuse, neglect, or abandonment; no pending
8
referral alleging the child is delinquent; or no current
9
supervision by the Department of Juvenile Justice or the
10
Department of Health and Rehabilitative Services for an
11
adjudication of dependency or delinquency. The child must
12
also, pursuant to this chapter, be found by the court:
13
(b) To be habitually truant from school, while subject
14
to compulsory school attendance, despite reasonable efforts to
15
remedy the situation pursuant to ss. 232.17 and 232.19 s.
16
232.19 and through voluntary participation by the child's
17
parents or legal custodians and by the child in family
18
mediation, services, and treatment offered by the Department
19
of Juvenile Justice or the Department of Health and
20
Rehabilitative Services; or
21
(73) "To be habitually truant" means that:
22
(a) The child has 15 unexcused absences within 90
23
calendar days with or without the knowledge or justifiable
24
consent of the child's parent or legal guardian, is subject to
25
compulsory school attendance under s. 232.01, and is not
26
exempt under from attendance by virtue of being over the age
27
of compulsory school attendance or by meeting the criteria in
28
s. 232.06, s. 232.09, or any other exemptions specified by law
29
or the rules of the State Board of Education.;
30
(b) In addition to the actions described in s. 232.17,
31
the school administration has completed the following
7
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
Escalating activities to determine the cause, and to attempt
2
the remediation, of the child's truant behavior under ss.
3
232.17 and 232.19 have been completed.:
4
1. After a minimum of 3 and prior to 15 unexcused
5
absences within 90 days, one or more meetings have been held,
6
either in person or by phone, between a school attendance
7
assistant or school social worker, the child's parent or
8
guardian, and the child, if necessary, to report and to
9
attempt to solve the truancy problem. However, if the school
10
attendance assistant or school social worker has documented
11
the refusal of the parent or guardian to participate in the
12
meetings, then this requirement has been met;
13
2. Educational counseling has been provided to
14
determine whether curriculum changes would help solve the
15
truancy problem, and, if any changes were indicated, such
16
changes were instituted but proved unsuccessful in remedying
17
the truant behavior. Such curriculum changes may include
18
enrollment of the child in an alternative education program
19
that meets the specific educational and behavioral needs of
20
the child, including a second chance school, as provided for
21
in s. 230.2316, designed to resolve truant behavior;
22
3. Educational evaluation, pursuant to the
23
requirements of s. 232.19(3)(b)3., has been provided; and
24
4. The school social worker, the attendance assistant,
25
or the school superintendent's designee if there is no school
26
social worker or attendance assistant has referred the student
27
and family to the children-in-need-of-services and
28
families-in-need-of-services provider or the case staffing
29
committee, established pursuant to s. 39.426, as determined by
30
the cooperative agreement required in s. 232.19(3). The case
31
staffing committee may request the department or its designee
8
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
to file a child-in-need-of-services petition based upon the
2
report and efforts of the school district or other community
3
agency or may seek to resolve the truancy behavior through the
4
school or community-based organizations or agencies.
5
6
If a child who is subject to within the compulsory school
7
attendance age is responsive to the interventions described in
8
ss. 232.17 and 232.19 this paragraph and has completed the
9
necessary requirements to pass the current grade as indicated
10
in the district pupil progression plan, the child shall not be
11
determined to be habitually truant and shall be passed. If a
12
child within the compulsory school attendance age has 15
13
unexcused absences within 90 calendar days or fails to enroll
14
in school, the State Attorney may file a
15
child-in-need-of-services petition. Prior to filing a
16
petition, the child must be referred to the appropriate agency
17
for evaluation. After consulting with the evaluating agency,
18
the State Attorney may elect to file a
19
child-in-need-of-services petition.
20
(c) A school representative, designated according to
21
school board policy school social worker or other person
22
designated by the school administration, if the school does
23
not have a school social worker, and an intake counselor or
24
case manager of the Department of Juvenile Justice have
25
jointly investigated the truancy problem or, if that was not
26
feasible, have performed separate investigations to identify
27
conditions which may be contributing to the truant behavior;
28
and if, after a joint staffing of the case to determine the
29
necessity for services, such services were determined to be
30
needed, the persons who performed the investigations met
31
jointly with the family and child to discuss any referral to
9
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
appropriate community agencies for economic services, family
2
or individual counseling, or other services required to remedy
3
the conditions that are contributing to the truant behavior.;
4
and
5
(d) The failure or refusal of the parent or legal
6
guardian or the child to participate, or make a good faith
7
effort to participate, in the activities prescribed to remedy
8
the truant behavior, or the failure or refusal of the child to
9
return to school after participation in activities required by
10
this subsection, or the failure of the child to stop the
11
truant behavior after the school administration and the
12
Department of Juvenile Justice have worked with the child as
13
described in s. 232.19(3) shall be handled as prescribed in s.
14
232.19.
15
Section 5. Subsections (28) and (29) of section
16
228.041, Florida Statutes, 1996 Supplement, are amended to
17
read:
18
228.041 Definitions.--Specific definitions shall be as
19
follows, and wherever such defined words or terms are used in
20
the Florida School Code, they shall be used as follows:
21
(28) HABITUAL TRUANT.--A habitual truant is a student
22
who has 15 unexcused absences within 90 calendar days with or
23
without the knowledge or consent of the student's parent or
24
legal guardian, is subject to compulsory school attendance
25
under s. 232.01, and is not exempt under and who is not exempt
26
from attendance by virtue of being over the age of compulsory
27
school attendance, by meeting the criteria in s. 232.06 or s.
28
232.09, or by meeting the criteria for any other exemption
29
specified by law or rules of the State Board of Education.
30
Such a student must have been the subject of the activities
31
specified in ss. 232.17 and 232.19, without resultant
10
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
successful remediation of the truancy problem before being
2
dealt with as a child in need of services according to the
3
provisions of chapter 39.
4
(29) DROPOUT.--A dropout is a student not subject to
5
over the age of compulsory school attendance, as defined in s.
6
232.01, who meets any one or more of the following criteria:
7
(a) The student has voluntarily removed himself or
8
herself from the school system before graduation for reasons
9
that include, but are not limited to, marriage or entrance
10
into the military, or the student has withdrawn from school
11
because he or she has failed the statewide student assessment
12
test and thereby does not receive any of the certificates of
13
completion;
14
(b) The student has not met the relevant attendance
15
requirements of the school district pursuant to State Board of
16
Education rules, or the student was expected to attend a
17
school but did not enter as expected for unknown reasons, or
18
the student's whereabouts are unknown;
19
(c) The student has withdrawn from school, but has not
20
transferred to another public or private school or enrolled in
21
any vocational, adult, or alternative educational program;
22
(d) The student has withdrawn from school due to
23
hardship, unless such withdrawal has been granted under the
24
provisions of s. 322.0601, court action, expulsion, medical
25
reasons, or pregnancy; or
26
(e) The student is not eligible to attend school
27
because of reaching the maximum age for an exceptional student
28
program in accordance with the district's policy.
29
30
Students not exempt from attendance pursuant to s. 232.06 and
31
who are subject to under the age of compulsory school
11
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
attendance under s. 232.01 and who stop attending school are
2
shall be known as habitual truants as defined in subsection
3
(28) and are not to be considered dropouts. The State Board
4
of Education may adopt rules to implement the provisions of
5
this subsection.
6
Section 6. Subsection (2) of section 232.2462, Florida
7
Statutes, is amended to read:
8
232.2462 Attendance requirement for receipt of high
9
school credit; definition of "credit".--
10
(2) A student may not be awarded a credit if he or she
11
has not been in for instruction for a minimum of 135 hours
12
unless he or she has demonstrated mastery of the student
13
performance standards in the course of study as provided by
14
rules of the district school board. Excused absences as
15
determined by the district school board and as carried out by
16
the secondary school principal shall not be counted against
17
the 135-hour minimum requirement. Criteria for determining
18
excused absences shall be as provided in s. 232.022, s.
19
232.0225, absence for religious instruction, or a religious
20
holiday, and s. 232.09(2)(d)(4), absence due to sickness,
21
injury, or other insurmountable condition, and absence due to
22
participation in an academic class or program. Missed work
23
shall be made up, as provided in the pupil progression plan
24
established by the district school board by rule, for all
25
excused absences. The difference between the 135-hour minimum
26
requirement and the 150-hour definition of full credit
27
established in this section may at the discretion of the
28
secondary school principal be used for noninstructional
29
extracurricular activities unless otherwise provided by
30
district school board rule. In credit programs operated in the
31
12
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Second Engrossed
1
period beyond 180 school days, each full-credit course must be
2
established for a minimum of 120 hours.
3
Section 7. Subsection (2) of section 414.125, Florida
4
Statutes, 1996 Supplement, is amended to read:
5
414.125 Learnfare program.--
6
(2) Each recipient with a school-age child is required
7
to have a conference with an appropriate school official of
8
the child's school during each grading period to assure that
9
the recipient is involved in the child's educational progress
10
and is aware of any existing attendance or academic problems.
11
The conference must address acceptable student attendance,
12
grades, and behavior and must be documented by the school and
13
reported to the department. The department shall notify a
14
school of any student in attendance at that school who is a
15
participant in the Learnfare program in order that the
16
required conferences are held.
17
Section 8. Section 232.17, Florida Statutes, 1996
18
Supplement, is amended to read:
19
232.17 Enforcement of school attendance Attendance
20
assistants; qualifications; compensation; duties.--Pursuant to
21
procedures established by the district school board, a
22
designated school representative must complete activities
23
designed to determine the cause and attempt the remediation of
24
truant behavior, as provided in this section. Provisions for
25
the employment, qualifications, compensation, and duties of
26
attendance assistants shall be as follows:
27
(1) EMPLOYMENT AND QUALIFICATIONS OF ATTENDANCE
28
ASSISTANTS.--The school board, upon the recommendation of the
29
superintendent, may employ and fix the compensation, including
30
reimbursement for travel, of a sufficient number of qualified
31
attendance assistants to guarantee regular attendance at
13
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
school of all children of the district within compulsory
2
school-age requirements who are not herein exempted from
3
attendance.
4
(2) DUTIES AND RESPONSIBILITIES OF ATTENDANCE
5
ASSISTANTS.--The duties and responsibilities of the attendance
6
assistant shall be exercised under the direction of the
7
superintendent and shall be as follows:
8
(a) Maintain records.--Pupil accounting records,
9
unless maintained by others assigned by the superintendent,
10
shall be kept by attendance assistants. These records shall
11
be on forms approved pursuant to regulations of the state
12
board.
13
(1)(b) INVESTIGATE NONENROLLMENT AND UNEXCUSED
14
ABSENCES.--A designated school representative In accordance
15
with procedure established by the state board, attendance
16
assistants shall investigate cases of nonenrollment and
17
unexcused absences from school of all children subject to
18
compulsory school attendance within the compulsory school age.
19
(2)(c) GIVE WRITTEN NOTICE.--Under the direction of
20
the superintendent, a designated school representative the
21
attendance assistant shall give written notice, either in
22
person or by return-receipt registered mail, to the parent,
23
guardian, or other person having control when no valid reason
24
is found for a child's nonenrollment in school or when the
25
child has a minimum of 3 but fewer than 6 15 unexcused
26
absences within 90 calendar days, requiring enrollment or
27
attendance within 3 days after from the date of notice. If
28
the such notice and requirement are ignored, the designated
29
school representative attendance assistant shall report the
30
case to the superintendent, and may refer the case to the case
31
staffing committee, established pursuant to s. 39.426, if the
14
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
conditions of s. 232.19(3) have been met. The superintendent
2
may take such steps as are necessary to bring criminal
3
prosecution against the parent, guardian, or other person
4
having control. No further written notice of the child's
5
absence from school is required to be given to the parent,
6
guardian, or other person having control unless the child,
7
upon his or her return to school, remains in attendance for 10
8
consecutive days.
9
(3)(d) RETURN CHILD TO PARENT.--A designated school
10
representative The attendance assistant shall visit the home
11
or place of residence of a child and any other place in which
12
he or she is likely to find any child who is required to
13
attend school when such child is not enrolled or is absent
14
from school during school hours without an excuse, and, when
15
the such child is has been found, shall return the child to
16
his or her parent or to the principal or teacher in charge of
17
the school, or to the private tutor from whom absent.
18
(e) Visit home.--The attendance assistant shall visit
19
promptly the home of each child of school age in his or her
20
attendance district not in attendance upon the school, and of
21
any child who should attend the Florida State School for the
22
Deaf and the Blind, and who is reported as not enrolled in
23
that school or as absent without excuse.
24
(4) WRITTEN NOTICE.--If no valid reason is found for
25
such nonenrollment or absence, from such school or schools the
26
designated school representative attendance assistant shall
27
give written notice to the parent, requiring the child's
28
enrollment or attendance as prescribed above. The designated
29
school representative attendance assistant shall secure the
30
written approval of the president of the Florida State School
31
for the Deaf and the Blind before he or she directs or
15
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CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
requests the parents of any child to take or send such child
2
to that school. Ten days' notice must be given in the case of
3
a child who is ordered sent to that school. On refusal or
4
failure of the parent to meet such requirement, the designated
5
school representative attendance assistant shall report the
6
same to the superintendent, and that official shall proceed to
7
take such action as is prescribed in s. 232.19(2).
8
(5)(f) REPORT TO THE DIVISION OF JOBS AND BENEFITS.--A
9
designated school representative The attendance assistant
10
shall report to the Division of Jobs and Benefits of the
11
Department of Labor and Employment Security or to any person
12
acting in similar capacity who may be designated by law to
13
receive such notices, all violations of the Child Labor Law
14
that may come to his or her knowledge.
15
(6)(g) RIGHT TO INSPECT.--A designated school
16
representative The attendance assistant shall have the same
17
right of access to, and inspection of, establishments where
18
minors may be employed or detained as is given by law to the
19
Division of Jobs and Benefits only for the purpose of
20
ascertaining whether children of compulsory school age are
21
actually employed there and are actually working there
22
regularly. The designated school representative attendance
23
assistant shall, if he or she finds unsatisfactory working
24
conditions or violations of the Child Labor Law, report his or
25
her findings to the Division of Jobs and Benefits or its
26
agents.
27
(7)(h) RECORDS Record of visits.--Each designated
28
school representative who performs duties according to this
29
section The attendance assistant shall keep an accurate record
30
of all children returned to schools or homes, of all cases
31
prosecuted, and of all other service performed. A written
16
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
report of all such activities shall be made quarterly to the
2
school board and shall be filed in the office of the
3
superintendent. If a child repeats a pattern of nonattendance
4
within one school year, the designated school representative
5
shall resume the series of escalating activities at the point
6
at which he or she had previously left off.
7
Section 9. Section 232.19, Florida Statutes, 1996
8
Supplement, is amended to read:
9
232.19 Court procedure and penalties.--The court
10
procedure and penalties for the enforcement of the provisions
11
of this chapter, relating to compulsory school attendance,
12
shall be as follows:
13
(1) COURT JURISDICTION.--The circuit court has
14
original and exclusive jurisdiction of all proceedings
15
against, or prosecutions of, children under the provisions of
16
this chapter. Proceedings against, or prosecutions of, parents
17
or employers as provided by this section shall be in the court
18
of each county having jurisdiction of misdemeanors wherein
19
trial by jury is afforded the defendant.
20
(2) NONENROLLMENT AND NONATTENDANCE CASES.--In each
21
case of nonenrollment or of nonattendance upon the part of a
22
child who is required to attend some school, when no valid
23
reason for such nonenrollment or nonattendance is found, the
24
superintendent shall institute a criminal prosecution against
25
the child's parent.
26
(3) HABITUAL TRUANCY CASES.--In accordance with
27
procedures established by the district school board, the
28
designated school representative The school social worker, the
29
attendance assistant, or the school superintendent's designee
30
if there is no school social worker or attendance assistant
31
shall refer a student who is habitually truant and the
17
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
student's family to the children-in-need-of-services and
2
families-in-need-of-services provider or the case staffing
3
committee, established pursuant to s. 39.426, as determined by
4
the cooperative agreement required in this section. The case
5
staffing committee may request the Department of Juvenile
6
Justice or its designee to file a child-in-need-of-services
7
petition based upon the report and efforts of the school
8
district or other community agency or may seek to resolve the
9
truancy behavior through the school or community-based
10
organizations or agencies. Prior to and subsequent to the
11
filing of a child-in-need-of-services petition due to habitual
12
truancy, the appropriate governmental agencies must allow a
13
reasonable time to complete actions required by this
14
subsection to remedy the conditions leading to the truant
15
behavior. The following criteria must be met and documented in
16
writing prior to the filing of a petition:
17
(a) The child must have 15 unexcused absences within
18
90 calendar days with or without the knowledge or consent of
19
the child's parent or legal guardian, must be subject to
20
compulsory school attendance, and must not be exempt under and
21
must not be exempt from attendance by virtue of being over the
22
age of compulsory school attendance or by meeting the criteria
23
in s. 232.06, s. 232.09, or any other exemption specified by
24
law or the rules of the State Board of Education.
25
(b) In addition to the actions described in s. 232.17,
26
the school administration must have completed the following
27
activities to determine the cause, and to attempt the
28
remediation, of the child's truant behavior:
29
1. After a minimum of 3 and prior to 6 15 unexcused
30
absences within 90 calendar days, one or more meetings must
31
have been held, either in person or by phone, between a
18
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
designated school representative school attendance assistant
2
or school social worker, the child's parent or guardian, and
3
the child, if necessary, to report and to attempt to solve the
4
truancy problem. However, if the designated school
5
representative school attendance assistant or school social
6
worker has documented the refusal of the parent or guardian to
7
participate in the meetings, this requirement has been met.
8
2. Educational counseling must have been provided to
9
determine whether curriculum changes would help solve the
10
truancy problem, and, if any changes were indicated, such
11
changes must have been instituted but proved unsuccessful in
12
remedying the truant behavior. Such curriculum changes may
13
include enrollment of the child in an alternative education
14
program that meets the specific educational and behavioral
15
needs of the child, including a second chance school, as
16
provided for in s. 230.2316, designed to resolve truant
17
behavior.
18
3. Educational evaluation, which may include
19
psychological evaluation, must have been provided to assist in
20
determining the specific condition, if any, that is
21
contributing to the child's nonattendance. The evaluation
22
must have been supplemented by specific efforts by the school
23
to remedy any diagnosed condition.
24
25
If a child who is subject to within the compulsory school
26
attendance age is responsive to the interventions described in
27
this paragraph and has completed the necessary requirements to
28
pass the current grade as indicated in the district pupil
29
progression plan, the child shall be passed.
30
(4) COOPERATIVE AGREEMENTS.--
31
19
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
(c) The district manager of the Department of Juvenile
2
Justice or the district manager's designee, the district
3
administrator of the Department of Children and Family
4
Services or the district administrator's designee, and the
5
superintendent of the local school district or the
6
superintendent's designee must develop have developed a
7
cooperative interagency agreement that: which
8
(a) Clearly defines each department's role,
9
responsibility, and function in working with habitual truants
10
and their families.
11
(b) Identifies and implements measures to resolve and
12
reduce truant behavior. The interagency agreement shall
13
specify that the participants
14
(c) Addresses address issues of streamlining service
15
delivery, the appropriateness of legal intervention, case
16
management, the role and responsibility of the case staffing
17
committee, student and parental intervention and involvement,
18
and community action plans. The interagency agreement shall
19
(d) Delineates delineate timeframes for implementation
20
and identifies identify a mechanism for reporting results by
21
the district juvenile justice manager or the district
22
manager's designee and the superintendent of schools or the
23
superintendent's designee to the Department of Juvenile
24
Justice and the Department of Education and other governmental
25
entities as needed. The cooperative agreement may designate
26
(e) Designates which agency is shall be responsible
27
for each of the intervention steps in s. 39.01(73), or this
28
section, to if such designation shall yield more effective and
29
efficient intervention services.
30
(5)(4) ATTENDANCE REGISTER AS EVIDENCE.--The register
31
of attendance of pupils at a public, parochial,
20
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
denominational, or private school, or of pupils taught by a
2
private tutor, kept in compliance with rules and regulations
3
of the state board is prima facie evidence of the facts which
4
it is required to show. A certified copy of any rule or
5
regulation and a statement of the date of its adoption and
6
promulgation by the state board is admissible as prima facie
7
evidence of the provisions of the such rule or regulation and
8
of the date of its adoption or promulgation.
9
(6)(5) PROCEEDINGS AND PROSECUTIONS; WHO MAY
10
BEGIN.--Proceedings or prosecutions under the provisions of
11
this chapter may be commenced begun by the superintendent, by
12
a designated school representative an attendance assistant, by
13
the probation officer of the county, by the executive officer
14
of any court of competent jurisdiction, or by an officer of
15
any court of competent jurisdiction, or by a duly authorized
16
agent of the Department of Education or the Department of
17
Juvenile Justice. If a proceeding has been commenced against
18
both a parent or legal guardian and a child pursuant to this
19
chapter, the presiding courts shall make every effort to
20
coordinate sanctions against the child and parent or legal
21
guardian, including ordering the child and parent or legal
22
guardian to perform community service hours or attend
23
counseling together.
24
(7)(6) PENALTIES.--The penalties for refusing or
25
failing to comply with the provisions of this chapter shall be
26
as follows:
27
(a) The parent or legal guardian.--
28
1. A parent or legal guardian who refuses or fails to
29
have a child who is under his or her control attend school
30
regularly, or who refuses or fails to comply with the
31
requirements in subsection (3), commits is guilty of a
21
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
misdemeanor of the second degree, punishable as provided in s.
2
775.082 or s. 775.083 by law.
3
2. The continued or habitual absence of a child
4
without the consent of the principal or teacher in charge of
5
the school he or she attends or should attend, or of the tutor
6
who instructs or should instruct him or her, is prima facie
7
evidence of a violation of this chapter; however, a showing
8
the court of the appropriate jurisdiction, upon finding that
9
the parent or legal guardian has made a bona fide and diligent
10
effort to control and keep the child in school, shall be an
11
affirmative defense to excuse the parent from any criminal or
12
other liability under this subsection prescribed herein and
13
the court shall refer the parent or legal guardian and child
14
for counseling, guidance, or other needed services.
15
3. In addition to any other punishment, the court
16
shall order a parent or legal guardian who has violated this
17
section to send the child to school, and may also order the
18
parent or legal guardian to participate in an approved parent
19
training class, attend school with the child unless this would
20
cause undue hardship, perform community service hours at the
21
school, or participate in counseling or other services, as
22
appropriate. If a parent or legal guardian is ordered to
23
attend school with a child, the school shall provide for
24
programming to educate the parent or legal guardian and child
25
on the importance of school attendance. It shall be unlawful
26
to terminate any employee solely because he or she is
27
attending school with his or her child pursuant to a court
28
order.
29
(b) The principal or teacher.--A principal or teacher
30
in any charge of a school, public, parochial, denominational,
31
or private school, or a private tutor who willfully violates
22
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
any provision of this chapter may, upon satisfactory proof of
2
such violation, have his or her certificate revoked by the
3
Department of Education.
4
(c) The employer.--
5
1. An employer who fails to notify the superintendent
6
when he or she ceases to employ a child commits is guilty of a
7
misdemeanor of the second degree, punishable as provided in s.
8
775.082 or s. 775.083 by law.
9
2. An employer who terminates any employee solely
10
because he or she is attending school with a child pursuant to
11
court order commits a misdemeanor of the second degree,
12
punishable as provided in s. 775.082 or s. 775.083.
13
(d) The child.--
14
1. In addition to any other authorized sanctions, the
15
court may order a child found to be a habitual truant to pay a
16
civil penalty of up to $2, based on the child's ability to
17
pay, for each day of school missed, perform up to 25 community
18
service hours at the school, or participate in counseling or
19
other services, as appropriate.
20
2. Upon a second or subsequent finding that a child is
21
a habitual truant, the court, in addition to any other
22
authorized sanctions, may order the child to pay a civil
23
penalty of up to $5, based on the child's ability to pay, for
24
each day of school missed, perform up to 50 community service
25
hours at the school, or participate in counseling or other
26
services, as appropriate.
27
Section 10. Section 232.195, Florida Statutes, is
28
amended to read:
29
232.195 Continuation of truancy remedial activities
30
upon transfer of student; retention of legal jurisdiction.--
31
23
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
(1) If, during the activities designed to remedy
2
truant behavior as described in s. 232.19, the parent or legal
3
guardian of the student who is the subject of such activities
4
transfers the student to another school district in this state
5
in an attempt to circumvent the remedial procedures which have
6
already begun, the administration of the school from which the
7
student transferred shall provide to the administration of the
8
new school, at no charge, copies of all available records and
9
documents relevant to such remedial activities, and the
10
administration of the new school shall begin remedial
11
activities in the program that most closely meets the transfer
12
student's needs.
13
(2) In the event that a legal proceeding has
14
commenced, as provided in s. 232.19(3), against a student who
15
has been determined to be a habitual truant, the movement of
16
the student who is the subject of such proceeding to another
17
circuit court district in this state will not affect the
18
jurisdiction of the court to proceed with the case under the
19
law.
20
Section 11. Section 232.197, Florida Statutes, is
21
created to read:
22
232.197 Notification to schools of court action.--If a
23
court takes action that directly involves a child's school,
24
including, but not limited to, an order that a student attend
25
school, attend school with his or her parent or legal
26
guardian, perform at grade level, or perform community service
27
hours at the school, the office of the clerk of the court
28
shall provide notice to the school of the court's action.
29
Section 12. Section 232.2452, Florida Statutes, is
30
amended to read:
31
232.2452 Report cards; end-of-the-year status.--
24
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
(1) Each school district shall establish and publish
2
policies requiring the content and regular issuance of student
3
report cards for all elementary school, middle school, and
4
high school students. These report cards must clearly depict
5
and grade:
6
(a) The student's academic performance in each class
7
or course, which in grades 1 through 12 must be based upon
8
examinations as well as written papers, class participation,
9
and other academic performance criteria.
10
(b) The student's conduct and behavior.
11
(c) The student's attendance, including absences and
12
tardiness.
13
(2) Each school district is encouraged to establish no
14
fewer than two districtwide report card pickup days per year
15
to facilitate teacher-parent conferences and enhance parental
16
responsibility for student performance and behavior. During a
17
report card pickup day, each parent or guardian may visit his
18
or her child's school and teacher and receive the child's
19
report card during hours established by the district school
20
board. School districts are encouraged to establish flexible
21
scheduling of personnel during the hours designated by the
22
district school board for report card pickup to allow
23
before-school, after-school, evening, or weekend opportunities
24
for parents to visit the school and teacher.
25
(3) A student's final report card for a school year
26
shall contain a statement indicating end-of-the-year status
27
regarding performance or nonperformance at grade level,
28
acceptable or unacceptable behavior and attendance, and
29
promotion or nonpromotion.
30
31
25
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
School districts shall not allow schools to exempt students
2
from academic performance requirements based on practices or
3
policies designed to encourage student attendance.
4
Section 13. Subsection (4) is added to section 232.25,
5
Florida Statutes, 1996 Supplement to read:
6
232.25 Pupils subject to control of school.--
7
(4) Each pupil enrolled in a school may be required to
8
take the following school child's daily conduct pledge:
9
(a) I will be respectful at all times and obedient
10
unless asked to do wrong.
11
(b) I will not hurt another person with my words or my
12
acts, because it is wrong to hurt others.
13
(c) I will tell the truth, because it is wrong to tell
14
a lie.
15
(d) I will not steal, because it is wrong to take
16
someone else's property.
17
(e) I will respect my body, and not take drugs.
18
(f) I will show strength and courage, and not do
19
something wrong, just because others are doing it.
20
(g) I pledge to be nonviolent and to respect my
21
teachers and fellow classmates.
22
Section 14. Section 39.015, Florida Statutes, is
23
amended to read:
24
39.015 Rules relating to habitual truants; adoption by
25
Department of Education and Department of Juvenile
26
Justice.--The Department of Juvenile Justice and the
27
Department of Education shall work together on the development
28
of, and shall adopt, rules as necessary for the implementation
29
of ss. 39.01(73), 39.403(2), and 232.19(3) and (6)(a).
30
31
26
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
Section 15. Paragraph (e) of subsection (3), paragraph
2
(e) of subsection (4) and subsection (10) of section 230.2316,
3
Florida Statutes, 1996 Supplement, are amended to read:
4
230.2316 Dropout prevention.--
5
(3) DEFINITIONS.--As used in this section, the term:
6
(e) "Second chance schools" means school district
7
programs provided through cooperative agreements between the
8
Department of Juvenile Justice, private providers, state or
9
local law enforcement agencies, or other state agencies for
10
students deemed habitual truants as defined in s. 228.041(28),
11
or for students who have been disruptive or violent or who
12
have committed serious offenses. As partnership programs,
13
second chance schools are eligible for waivers from the
14
Commissioner of Education to chapters 230-235 and 239 and
15
State Board of Education rules that prevent the provision of
16
appropriate educational services to violent, severely
17
disruptive, and delinquent students in small nontraditional
18
settings and in court-adjudicated settings. Second chance
19
schools may include residential academies that are established
20
according to the following criteria:
21
1. Residential academies may be established and
22
operated by school districts or through a joint agreement with
23
a private entity, or a state or local public agency, for the
24
purpose of providing a supportive and safe learning and living
25
environment for high-risk students. Residential academies may
26
provide educational services or use the services of other
27
public schools in the school district. Residential academies
28
are to be established for the purpose of assisting youth in
29
being successful in school and preparing for postsecondary
30
education or training.
31
27
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
2. Educational services provided by residential
2
academies may be funded through the at-risk category of the
3
Florida Education Finance Program as provided in s. 236.081.
4
All residential care services may be provided through annual
5
appropriations by the Legislature to the Department of
6
Juvenile Justice.
7
3. For each student participating in a residential
8
academy, a contract detailing the authority, care, treatment,
9
and education goals must be executed between the parent and
10
the sponsoring agency. If the academy is operated by an
11
agency other than the school district, the school district
12
must approve the contract form.
13
4. Funding for the leasing, lease purchase,
14
renovation, or construction of facilities may be provided
15
through legislative appropriation.
16
(4) STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--All
17
programs funded pursuant to the provisions of this section
18
shall be positive and shall reflect strong parental and
19
community involvement. In addition, specific programs shall
20
meet the following criteria:
21
(e) Second chance schools.--
22
1. A student enrolled in a sixth, seventh, eighth,
23
ninth, or tenth grade class may be assigned to a second chance
24
school if the student meets the following criteria:
25
a. The student is a habitual truant as defined in s.
26
228.041(28).
27
b. The student's excessive absences have detrimentally
28
affected the student's academic progress and the student may
29
have unique needs that a traditional school setting may not
30
meet.
31
28
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
c. The student's high incidences of truancy have been
2
directly linked to a lack of motivation.
3
d. The student has been identified as at risk of
4
dropping out of school.
5
2. A student who is habitually truant may be assigned
6
to a second chance school only if the case staffing committee,
7
established pursuant to s. 39.426, determines that such
8
placement could be beneficial to the student and the criteria
9
included in subparagraph 1. are met.
10
3. A student shall be assigned to a second chance
11
school if the school district in which the student resides has
12
a second chance school and if the student meets one of the
13
following criteria:
14
a. The student habitually exhibits disruptive behavior
15
in violation of the code of student conduct adopted by the
16
school board.
17
b. The student interferes with the student's own
18
learning or the educational process of others and requires
19
attention and assistance beyond that which the traditional
20
program can provide, or, while the student is under the
21
jurisdiction of the school either in or out of the classroom,
22
frequent conflicts of a disruptive nature occur.
23
c. The student has committed a serious offense which
24
warrants suspension or expulsion from school according to the
25
district code of student conduct. For the purposes of this
26
program, "serious offense" is behavior which:
27
(I) Threatens the general welfare of students or
28
others with whom the student comes into contact;
29
(II) Includes violence;
30
(III) Includes possession of weapons or drugs; or
31
29
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
(IV) Is harassment or verbal abuse of school personnel
2
or other students.
3
4. Children eligible for participation in residential
4
academies shall be children in grades 6 through 8 who are: in
5
a school dropout prevention program; children in need of
6
services, pursuant to s. 39.01(12); dependent children,
7
pursuant to s. 39.01(14); or children within a family in need
8
of services, pursuant to s. 39.01(30). Children eligible for
9
participation in residential academies shall not have been
10
adjudicated or had adjudication withheld for a delinquent act.
11
Participation in a residential academy is voluntary and upon
12
request of the student's parent or guardian. The local school
13
board and the Department of Juvenile Justice shall establish a
14
case staffing committee to consider and approve applications
15
for placement in a residential academy. Such placement may be
16
for the purpose of preventing the student from failing,
17
dropping out of school, or becoming further involved in
18
juvenile delinquency and crime.
19
5.4. Prior to assignment of students to second chance
20
schools, school boards are encouraged to use alternative
21
programs, such as in-school suspension, which provide
22
instruction and counseling leading to improved student
23
behavior, a reduction in the incidence of truancy, and the
24
development of more effective interpersonal skills.
25
6.5. Students assigned to second chance schools must
26
be evaluated by the school's local child study team before
27
placement in a second chance school. The study team shall
28
ensure that students are not eligible for placement in a
29
program for emotionally disturbed children.
30
7.6. Students who exhibit academic and social progress
31
and who wish to return to a traditional school shall be
30
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
evaluated by school district personnel prior to reentering a
2
traditional school.
3
8.7. Second chance schools shall be funded at the
4
dropout prevention program weight pursuant to s. 236.081 and
5
may receive school safety funds or other funds as appropriate.
6
(11)(10) RULES.--The Department of Education may shall
7
have the authority to adopt any rules necessary to implement
8
the provisions of this section; such rules shall require the
9
minimum amount of paperwork and reporting necessary for
10
compliance to comply with this act. By January 1, 1995,
11
current rules regarding this section shall be revised.
12
Section 16. Section 39.085, Florida Statutes, is
13
amended to read:
14
39.085 Alternative Education Institute.--
15
(1) The Alternative Education Institute Effective upon
16
this act becoming a law, there is established, housed for
17
administrative purposes within the Department of Education.
18
The purpose of the Alternative Education Institute is to
19
acquire and administer which may immediately contract with a
20
private provider for alternative education programs in
21
residential school facilities. The programs shall be funded
22
with PECO funds in which alternative education programs are
23
conducted for children in grades 6 through 8 who are: in a
24
school dropout prevention program; children in need of
25
services, pursuant to s. 39.01(12); dependent children,
26
pursuant to s. 39.01(14); or children within a family in need
27
of services, pursuant to s. 39.01(30). Children eligible for
28
participation shall not have been adjudicated or had
29
adjudication withheld for a delinquent act and shall serve
30
juvenile offenders who have been prosecuted as adults or who
31
have been committed to a high-risk residential program or a
31
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
maximum-risk residential program of the Department of Juvenile
2
Justice.
3
(2) The institute shall be a not-for-profit
4
corporation consisting of a 13-member board acting as an
5
instrumentality of the state. The institute and may receive,
6
hold, invest, and administer property and any moneys or
7
donated lands or facilities received from private, state, and
8
federal sources, as well as technical and professional income
9
generated or derived from education practice activities of the
10
institute, for the benefit of the institute and the
11
fulfillment of its educational mission. The affairs of the
12
corporation shall be managed by a board of directors who shall
13
serve without compensation.
14
(3)(a)(2) The institute's board members shall be
15
appointed as follows: institute shall be a 13-member board,
16
with 7 members appointed by the Governor, 3 members appointed
17
by the President of the Senate, and 3 members appointed by the
18
Speaker of the House of Representatives. Each member shall be
19
appointed to a term of 3 years, and may be reappointed to the
20
board. Appointees to the board shall not be persons who hold
21
other offices. All members must be appointed no later than
22
June 1, 1994. The board shall select a chair from among its
23
members.
24
(b) The board members shall comply with part III of
25
chapter 112. The members of the board shall serve without
26
compensation, but may receive reimbursement for per diem and
27
travel as provided in s. 112.061.
28
(c)(3) The board shall select a chair from among its
29
members. Each member shall have only one vote, shall be
30
appointed to a term of 3 years, and may be reappointed to the
31
board. Any member who misses three consecutive meetings of the
32
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
board without being excused by the chair is automatically
2
removed from the board, and such vacancy shall be filled by
3
the appointing authority for the vacant position within 45
4
days after the date on which the vacancy occurs.
5
(4) In order to carry out the mission established in
6
subsection (1), the institute is responsible for:
7
(a) Developing the education facilities fixed capital
8
outlay and operational plans.
9
(b) Assuring compliance on all siting and contracting
10
issues relating to the construction, including repair and
11
renovation, and operation of residential school facilities for
12
alternative education programs.
13
(c) Obtaining Preparing an annual audit postaudit of
14
the institute's not-for-profit corporation's financial
15
accounts and the financial accounts of any of the residential
16
alternative education program providers its for-profit or
17
not-for-profit subsidiaries, to be performed conducted by an
18
independent certified public accountant. The annual audit
19
report must include a management letter letters and shall be
20
submitted to the Auditor General for review. The board and the
21
Auditor General may require and receive from the residential
22
alternative education program providers not-for-profit
23
corporation and any subsidiaries, or from their independent
24
auditor, any detail or supplemental data relative to the
25
operation of the institute not-for-profit corporation or the
26
residential alternative education program providers its
27
subsidiary.
28
(d) Providing by the institute not-for-profit
29
corporation and the residential alternative education program
30
providers its for-profit or not-for-profit subsidiaries of
31
33
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
equal employment opportunities to all persons regardless of
2
race, color, religion, sex, age, or national origin.
3
(e) Safeguarding the integrity of PECO funds for
4
Establishing programs that which fulfill the education mission
5
of the institute.
6
(f) Safeguarding the integrity of PECO funds for
7
Establishing programs that fulfill the alternative education
8
mission of the institute.
9
(g) Controlling the budget and the dollars
10
appropriated or donated to the institute from private, state,
11
and federal sources.
12
(h) Appointing members to carry out the educational
13
activities of the institute and determine compensation,
14
benefits, and terms of service.
15
(i) Controlling the use and assignment of space and
16
equipment within the residential school facilities.
17
(j) Creating the administrative structure necessary to
18
carry out the mission of the institute.
19
(k) Reporting to the Department of Education, the
20
Department of Juvenile Justice, and the Legislature.
21
(l) Providing a copy of the institute's annual report
22
to the Governor and Cabinet, the President of the Senate, and
23
the Speaker of the House of Representatives by December 15 of
24
each year.
25
(5) If the contract of a residential alternative
26
education program provider agreement between the
27
not-for-profit corporation and the institute is terminated for
28
any reason, the institute shall assume governance and
29
operation of the residential school facility facilities.
30
(6) In carrying out the provisions of this section,
31
the not-for-profit corporation and its for-profit or
34
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
not-for-profit subsidiaries are not "agencies" within the
2
meaning of s. 20.03(11).
3
(6) The institute shall enter into an interagency
4
cooperation and information-sharing agreement with the
5
Department of Juvenile Justice and the Department of Education
6
to ensure coordination of services to students in residential
7
education programs and a cooperative working relationship
8
between the institute and those departments.
9
(7) The institute shall provide full cooperation to
10
the Department of Juvenile Justice to ensure that residential
11
alternative education programs operating in institute school
12
facilities cooperate fully with the department's inspector
13
general and with the department's quality assurance
14
requirements.
15
Section 17. Section 230.235, Florida Statutes, is
16
created to read:
17
230.235 Policy of zero tolerance for crime.--
18
(1) Each school district shall adopt a policy of zero
19
tolerance for crime and substance abuse pursuant to this
20
section. Such a policy shall include the reporting of
21
delinquent acts and crimes occurring whenever and wherever
22
students are under the jurisdiction of the school district.
23
(2) Each school district shall enter into an agreement
24
with the county sheriff's office or local police department
25
specifying guidelines for ensuring that felonies and violent
26
misdemeanors, whether committed by a student or adult, and
27
delinquent acts that would be felonies or violent misdemeanors
28
if committed by an adult, are reported to law enforcement.
29
Such agreements shall include the role of school resource
30
officers, if applicable, in handling reported incidents,
31
special circumstances in which school officials may handle
35
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
incidents without filing a report to law enforcement, and a
2
procedure for ensuring that school personnel properly report
3
appropriate delinquent acts and crimes. The school principal
4
shall be responsible for ensuring that all school personnel
5
are properly informed as to their responsibilities regarding
6
crime reporting, that appropriate delinquent acts and crimes
7
are properly reported, and that actions taken in cases with
8
special circumstances are properly taken and documented.
9
Section 18. Section 232.277, Florida Statutes, is
10
amended to read:
11
232.277 Reports of suspected substance or alcohol
12
abuse; exemption from liability.--
13
(1) School personnel are required to report to the
14
principal or principal's designee any suspected unlawful use,
15
possession, or sale by a student of any controlled substance,
16
as defined in s. 893.02; any counterfeit controlled substance,
17
as defined in s. 831.31; any alcoholic beverage, as defined in
18
s. 561.01(4); or model glue. School personnel are exempt from
19
civil liability when reporting in good faith to the proper
20
school authority such suspected unlawful use, possession, or
21
sale by a student. Only a principal or principal's designee
22
is authorized to contact a parent or legal guardian of a
23
student regarding this situation.
24
(2)(a) It is the intent of the Legislature that all
25
school students understand that the magnitude of the harm
26
caused by unlawful use, possession, or sale of the substances
27
set forth in subsection (1) mandates the reporting of
28
occurrences of such unlawful acts for prosecution or other
29
action as appropriate.
30
(b) Reports made and verified under subsection (1)
31
shall be forwarded to an appropriate agency.
36
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
(c) School personnel shall timely notify the student's
2
parent, guardian, or legal custodian that a verified report
3
made under subsection (1) with respect to the student has been
4
made and forwarded as provided for in this subsection.
5
Section 19. Effective October 1, 1997, section
6
790.115, Florida Statutes, is amended to read:
7
790.115 Possessing or discharging weapons or firearms
8
on school property prohibited; penalties; exceptions.--
9
(1) A person who exhibits any sword, sword cane,
10
firearm, electric weapon or device, destructive device, or
11
other weapon, including a razor blade, box cutter, or knife,
12
except as authorized in support of school-sanctioned
13
activities, in the presence of one or more persons in a rude,
14
careless, angry, or threatening manner and not in lawful
15
self-defense, on the grounds or facilities of any school,
16
school bus, or school bus stop, or within 1,000 feet of the
17
real property that comprises a public or private elementary
18
school, middle school, or secondary school, during school
19
hours or during the time of a sanctioned school activity,
20
commits a felony of the third degree, punishable as provided
21
in s. 775.082, s. 775.083, or s. 775.084. This subsection does
22
not apply to the exhibition of a firearm or weapon on private
23
real property within 1,000 feet of a school by the owner of
24
such property or by a person whose presence on such property
25
has been authorized, licensed, or invited by the owner.
26
(2)(a) A person shall not possess any firearm,
27
electric weapon or device, destructive device, or other
28
weapon, including a razor blade, box cutter, or knife, except
29
as authorized in support of school-sanctioned activities, on
30
the property of any school, school bus, or school bus stop;
31
however, a person may carry a firearm:
37
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
1. In a case to a firearms program, class or function
2
which has been approved in advance by the principal or chief
3
administrative officer of the school as a program or class to
4
which firearms could be carried;
5
2. In a case to a vocational school having a firearms
6
training range; or
7
3. In a vehicle pursuant to s. 790.25(5); except that
8
school districts may adopt written and published policies that
9
waive the exception in this subparagraph for purposes of
10
student and campus parking privileges.
11
12
For the purposes of this section, "school" means any
13
preschool, elementary school, middle school, junior high
14
school, secondary school, vocational school, or postsecondary
15
school, whether public or nonpublic.
16
(b) A person who willfully and knowingly possesses any
17
electric weapon or device, destructive device, or other
18
weapon, including a razor blade, box cutter, or knife, except
19
as authorized in support of school-sanctioned activities, in
20
violation of this subsection commits a felony of the third
21
degree, punishable as provided in s. 775.082, s. 775.083, or
22
s. 775.084.
23
(c)1. A person who willfully and knowingly possesses
24
any firearm in violation of this subsection commits a felony
25
of the third degree, punishable as provided in s. 775.082, s.
26
775.083, or s. 775.084.
27
2. A person who stores or leaves a loaded firearm
28
within the reach or easy access of a minor who obtains the
29
firearm and commits a violation of subparagraph 1. commits a
30
misdemeanor of the second degree, punishable as provided in s.
31
775.082 or s. 775.083; except that this does not apply if the
38
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
firearm was stored or left in a securely locked box or
2
container or in a location which a reasonable person would
3
have believed to be secure, or was securely locked with a
4
firearm-mounted push-button combination lock or a trigger
5
lock; if the minor obtains the firearm as a result of an
6
unlawful entry by any person; or to members of the Armed
7
Forces, National Guard, or State Militia, or to police or
8
other law enforcement officers, with respect to firearm
9
possession by a minor which occurs during or incidental to the
10
performance of their official duties.
11
(d) A person who discharges any weapon or firearm
12
while in violation of paragraph (a), unless discharged for
13
lawful defense of himself or another or for a lawful purpose,
14
commits a felony of the second degree, punishable as provided
15
in s. 775.082, s. 775.083, or s. 775.084.
16
(e) The penalties of this subsection shall not apply
17
to persons licensed under s. 790.06. Persons licensed under
18
s. 790.06 shall be punished as provided in s. 790.06(12),
19
except that a licenseholder who unlawfully discharges a weapon
20
or firearm on school property as prohibited by this subsection
21
commits a felony of the second degree, punishable as provided
22
in s. 775.082, s. 775.083, or s. 775.084.
23
(3) This section does not apply to any law enforcement
24
officer as defined in s. 943.10(1), (2), (3), (4), (6), (7),
25
(8), (9), or (14).
26
Section 20. Section 230.23015, Florida Statutes, 1996
27
Supplement, is amended to read:
28
230.23015 Students violating s. 784.081; expulsion or
29
and placement in alternative school setting.--Notwithstanding
30
any other provision of law, each district school board shall
31
adopt rules providing that any student found to have committed
39
CODING: Words stricken are deletions; words underlined are additions.
CS/HBs 1309, 1143, 847, 697, 1391 & 203,
Second Engrossed
1
a violation of s. 784.081(1), (2), or (3) shall be expelled or
2
and placed in an alternative school setting or other youth
3
services or justice program, as appropriate for a minimum
4
period of 1 year. Upon being charged with the offense, the
5
student shall be removed from the classroom immediately and
6
placed in an alternative school setting pending disposition.
7
Section 21. Section 322.0601, Florida Statutes, is
8
repealed.
9
Section 22. Except as otherwise provided herein, this
10
act shall take effect July 1, 1997.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
40