Senate Bill 2180

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    Florida Senate - 1998                                  SB 2180

    By Senator Holzendorf





    2-1246-98

  1                      A bill to be entitled

  2         An act relating to school safety; amending s.

  3         229.58, F.S.; providing duties of school

  4         advisory councils with respect to School

  5         Environmental Safety Incident Reports; amending

  6         s. 230.2318, F.S.; providing duties of school

  7         resource officers with respect to School

  8         Environmental Safety Incident Reports; creating

  9         s. 232.2565, F.S.; requiring development of

10         school programs; providing reporting

11         requirements; providing for a School

12         Environmental Safety Incident Report; providing

13         duties of the Department of Education;

14         providing duties of the Office of Program

15         Policy Analysis and Government Accountability

16         in evaluating school safety reporting

17         procedures; providing for school safety awards;

18         amending s. 232.26, F.S.; providing for

19         reporting school safety issues; providing an

20         effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Subsection (2) of section 229.58, Florida

25  Statutes, is amended to read:

26         229.58  District and school advisory councils.--

27         (2)  DUTIES.--Each advisory council shall perform such

28  functions as are prescribed by regulations of the  school

29  board; however, no advisory council shall have any of the

30  powers and duties now reserved by law to the school board.

31  Each school advisory council shall assist in the preparation

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    Florida Senate - 1998                                  SB 2180
    2-1246-98




  1  and evaluation of the school improvement plan required

  2  pursuant to s. 230.23(16), shall review and approve the

  3  school's School Environmental Safety Incident Report before

  4  its submission to the district school board, and shall provide

  5  such assistance as the principal may request in preparing the

  6  school's annual budget and plan as required by s. 229.555(1).

  7         Section 2.  Paragraph (c) is added to subsection (2) of

  8  section 230.2318, Florida Statutes, to read:

  9         230.2318  School resource officer program.--

10         (2)  SCHOOL RESOURCE OFFICER CERTIFICATION; DUTIES AND

11  RESPONSIBILITIES.--

12         (c)  School resource officers must review and approve

13  the school's School Environmental Safety Incident Report

14  required by s. 232.2565 before its submission to the district

15  school board.

16         Section 3.  Section 232.2565, Florida Statutes, is

17  created to read:

18         232.2565  School Safety program requirements; reporting

19  requirements.--

20         (1)  SHORT TITLE.--This section may be cited as the

21  "Safe Schools Act."

22         (2)  LEGISLATIVE INTENT.--The Legislature recognizes

23  that the maintenance of a safe and orderly learning

24  environment is essential to the education process and the

25  general welfare of the school population. The Legislature also

26  shares the critical concern of parents and teachers over the

27  threat of serious disruption of the educational process and

28  the possibility of personal harm to students, school board

29  employees, and others. The intent of this section is to

30  specify minimum school safety program requirements, minimum

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    Florida Senate - 1998                                  SB 2180
    2-1246-98




  1  reporting requirements, and a process of accountability to

  2  promote the accurate reporting of serious safety incidents.

  3         (3)  SCHOOL SAFETY PROGRAMS.--Each school advisory

  4  council is required to assist in the development and

  5  evaluation of the school improvement plan required by s.

  6  230.23(16), which is designed to achieve the state education

  7  goals and student performance standards pursuant to ss.

  8  229.591(3) and 229.592. This plan must include specific

  9  strategies for cultivating a school environment that is safe

10  and drug-free and in which each student's health and civil

11  rights are protected. Such school safety program plans shall

12  be taken into consideration by the district school board when

13  distributing to each school any funds appropriated by the

14  Legislature for school safety.

15         (4)  REPORTING REQUIREMENTS.--To assist schools,

16  districts, and staff at the state level in assessing major

17  need areas and the extent and nature of problems in school

18  safety, the following measures shall be taken to promote the

19  accurate and consistent reporting of serious safety incidents,

20  as defined by rules of the state board:

21         (a)  The school principal, or his or her designee, must

22  annually compile and submit to the district school board a

23  School Environmental Safety Incident Report that includes all

24  serious safety incidents that occur on school grounds, on

25  school transportation, or off-campus at school-sponsored

26  events when a student is involved, and the corresponding

27  disciplinary referral, according to rules of the state board.

28         (b)  The district school board shall submit the School

29  Environmental Safety Incident Report of each school in the

30  district to the Department of Education for inclusion in a

31  statewide School Environmental Safety Incident Report.

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    Florida Senate - 1998                                  SB 2180
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  1         (c)  The Department of Education must provide technical

  2  assistance and training for district personnel responsible for

  3  compiling the School Environmental Safety Incident Report.

  4         (d)  Before its submission to the district school

  5  board, the School Environmental Safety Incident Report of the

  6  school shall be reviewed and approved by the school advisory

  7  council. The School Environmental Safety Incident Report must,

  8  in addition, be reviewed and approved by the school resource

  9  officer if employed by the district at that school.

10         (5)  EVALUATION; SANCTIONS.--The Office of Program

11  Policy Analysis and Government Accountability (OPPAGA) is

12  directed to develop a system for periodically reviewing the

13  safety incident reporting procedures of schools and school

14  districts. By January 1, 1999, OPPAGA will review and evaluate

15  current safety incident reporting procedures, evaluate sample

16  School Environmental Safety Incident Report data to determine

17  accuracy, and develop recommended changes to correct any cited

18  deficiencies regarding safety incident reporting procedures.

19  By January 1, 2001, OPPAGA will conduct a followup review to

20  determine whether such recommendations have been implemented

21  and whether the accuracy of School Environmental Safety

22  Incident Report data has improved. The director of OPPAGA may,

23  at his or her discretion, contract with private consultants to

24  perform part or all of the review of any district. Upon the

25  finding of discrepancies or deficiencies regarding the safety

26  incident reporting procedures of a school or school district,

27  the state board is authorized to recommend action to be taken,

28  including mandatory training or other measures, to correct the

29  cited deficiencies, as recommended by the Commissioner of

30  Education.

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    Florida Senate - 1998                                  SB 2180
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  1         (6)  SCHOOL SAFETY AWARDS.--In order to recognize those

  2  schools providing a safe and orderly learning environment,

  3  school districts shall annually select one elementary school,

  4  one middle school, and one high school to be presented a

  5  School Safety Award by the Commissioner of Education. Each

  6  district school board shall develop criteria for the selection

  7  of schools to receive the School Safety Award. An award

  8  granted under this subsection may include, but need not be

  9  limited to, a certificate, plaque, medal, ribbon, or

10  photograph, as determined by the Commissioner of Education.

11         Section 4.  Paragraphs (a) and (d) of subsection (1) of

12  section 232.26, Florida Statutes, are amended to read:

13         232.26  Authority of principal.--

14         (1)(a)  Subject to law and to the rules of the state

15  board and the district school board, the principal in charge

16  of the school or the principal's designee shall develop

17  policies for delegating to any teacher or other member of the

18  instructional staff or to any bus driver transporting students

19  of the school responsibility for the control and direction of

20  students, including the reporting of incidents for inclusion

21  in the School Environmental Safety Incident Report required by

22  s. 232.2565. The principal or the principal's designee shall

23  consider the recommendation for discipline made by a teacher,

24  other member of the instructional staff, or a bus driver when

25  making a decision regarding student referral for discipline.

26         (d)  The principal or the principal's designee shall

27  include an analysis of serious safety incidents occurring on

28  school grounds, on school transportation, or at

29  school-sponsored events, when a student is involved, and the

30  corresponding disciplinary referral action and suspensions and

31  expulsions in the annual report of school progress.

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    Florida Senate - 1998                                  SB 2180
    2-1246-98




  1         Section 5.  This act shall take effect upon becoming a

  2  law.

  3

  4            *****************************************

  5                          SENATE SUMMARY

  6    Creates the Safe Schools Act.  Provides for inclusion of
      safety issues relating to safe, drug-free school
  7    environments in which students' health and civil rights
      are protected in school improvement plans.  Requires
  8    schools to submit annual School Environmental Safety
      Incident Reports, which must be reviewed by school
  9    advisory councils and school resource officers.  Provides
      for review of reporting procedures by the Office of
10    Program Policy Analysis and Governmental Accountability.
      Provides for the Commissioner of Education to award
11    school safety awards to one elementary school, one middle
      school, and one high school in each county.
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