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House Bill 0695c1

Florida House of Representatives - 1997 CS/HB 695 By the Committee on Education Innovation and Representatives Byrd, Feeney and Fasano 1 A bill to be entitled 2 An act relating to education; requiring certain 3 students in community control or commitment 4 programs to attend specified programs if 5 available; requiring disclosure of certain 6 information if a student attends a regular 7 educational school program; amending s. 8 232.271, F.S.; allowing students under 9 supervision by the Department of Juvenile 10 Justice or the Department of Corrections to be 11 removed from class; amending s. 39.045, F.S., 12 relating to confidential information, to 13 authorize disclosure to teachers; providing an 14 effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. (1) The intent of this section is to 19 create a positive and safe learning environment for the 20 children of Florida and to keep disruptive children from 21 affecting the ability of public school students to learn. 22 (2) A public school student who has been placed in a 23 community control or commitment program authorized by the 24 Department of Juvenile Justice or the Department of 25 Corrections and who has committed a felony offense must attend 26 a public adult education program or a dropout prevention 27 program pursuant to s. 230.2316, Florida Statutes, including a 28 second chance school or an alternative to expulsion, or an 29 educational program for students in the Department of Juvenile 30 Justice commitment programs, pursuant to chapter 39, Florida 31 Statutes, if the school district offers such a program. If a 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 695 603-104-97 1 student attends a regular educational school program because a 2 public adult education program or dropout prevention program, 3 including a second chance school or an alternative to 4 expulsion, or an educational program for students in the 5 Department of Juvenile Justice commitment programs is not 6 available in the school district, the identity of the student, 7 the nature of the felony offense committed by the student, and 8 the conditions of community control or the commitment program 9 must be made known to each of the teachers of the student, 10 pursuant to s. 39.045(5), Florida Statutes. 11 (3) A student in transition from a commitment program 12 via a community control program may be placed in a regular 13 educational school program if a case staffing committee 14 determines that special circumstances warrant such a 15 placement. 16 Section 2. Subsection (2) of section 232.271, Florida 17 Statutes, 1996 Supplement, is amended to read: 18 232.271 Removal by teacher.-- 19 (2) A teacher may remove from class a student: 20 (a) Who has been documented by the teacher to 21 repeatedly interfere with the teacher's ability to communicate 22 effectively with the students in the class or with the ability 23 of the student's classmates to learn; or 24 (b) Whose behavior the teacher determines is so 25 unruly, disruptive, or abusive that it seriously interferes 26 with the teacher's ability to communicate effectively with the 27 students in the class or with the ability of the student's 28 classmates to learn; or. 29 (c) Who is under supervision by the Department of 30 Juvenile Justice or the Department of Corrections as part of a 31 community control or commitment program authorized by the 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 695 603-104-97 1 Department of Juvenile Justice or the Department of 2 Corrections for a felony offense and who has interfered with 3 the teacher's ability to communicate effectively with the 4 students in the class or with the ability of the student's 5 classmates to learn on one or more occasion. 6 Section 3. Subsection (5) of section 39.045, Florida 7 Statutes, 1996 Supplement, is amended to read: 8 39.045 Oaths; records; confidential information.-- 9 (5) Except as provided in subsections (3), (8), (9), 10 and (10), and s. 943.053, all information obtained under this 11 part in the discharge of official duty by any judge, any 12 employee of the court, any authorized agent of the Department 13 of Juvenile Justice, the Parole Commission, the Juvenile 14 Justice Advisory Board, the Department of Corrections, the 15 district juvenile justice boards, any law enforcement agent, 16 or any licensed professional or licensed community agency 17 representative participating in the assessment or treatment of 18 a juvenile is confidential and may be disclosed only to the 19 authorized personnel of the court, the Department of Juvenile 20 Justice and its designees, the Department of Corrections, the 21 Parole Commission, the Juvenile Justice Advisory Board, law 22 enforcement agents, school superintendents and their 23 designees, any licensed professional or licensed community 24 agency representative participating in the assessment or 25 treatment of a juvenile, and others entitled under this part 26 to receive that information, or upon order of the court. 27 Within each county, the sheriff, the chiefs of police, the 28 district school superintendent, and the department shall enter 29 into an interagency agreement for the purpose of sharing 30 information about juvenile offenders among all parties. The 31 agreement must specify the conditions under which summary 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 CS/HB 695 603-104-97 1 criminal history information is to be made available to 2 appropriate school personnel, and the conditions under which 3 school records are to be made available to appropriate 4 department personnel. Such agreement shall require 5 notification to any classroom teacher of assignment to the 6 teacher's classroom of a juvenile who has been placed in a 7 community control or commitment program for a felony offense. 8 The agencies entering into such agreement must comply with s. 9 943.0525, and must maintain the confidentiality of information 10 that is otherwise exempt from s. 119.07(1), as provided by 11 law. 12 Section 4. This act shall take effect July 1, 1997. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4