House Bill 1963

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    Florida House of Representatives - 2000                HB 1963

        By the Committee on Education/K-12 and Representative Lynn






  1                      A bill to be entitled

  2         An act relating to school safety and student

  3         discipline; amending s. 228.041, F.S.; revising

  4         the definition of suspension; amending s.

  5         229.57, F.S.; removing school discipline data

  6         from data used to determine a school's

  7         performance grade category; amending s. 230.23,

  8         F.S.; clarifying suspension options for control

  9         of pupils; revising information required to be

10         included in the student code of conduct;

11         combining and clarifying provisions relating to

12         student possession of a weapon; requiring the

13         district code of student conduct to include

14         certain notice relating to expulsion for making

15         a threat or false report; defining the term

16         "school-within-a-school"; requiring district

17         school boards to address the availability of

18         substance abuse and mental health counselors;

19         amending and redesignating s. 235.14, F.S.;

20         specifying types of drills and emergencies for

21         which district school boards are required to

22         develop procedures; creating s. 230.23003,

23         F.S.; providing requirements relating to school

24         safety incident data collection and reporting;

25         requiring each school principal to ensure that

26         standardized forms are used to report school

27         safety and discipline data; requiring the

28         Department of Education to develop a form;

29         amending s. 230.23015, F.S., relating to

30         disciplinary action for violation of s.

31         784.081; providing a cross reference; amending

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  1         s. 230.23025, F.S.; requiring best financial

  2         management practices to address school safety

  3         and security; amending s. 230.2316, F.S.;

  4         clarifying criteria for student eligibility for

  5         services; amending s. 230.235, F.S.; specifying

  6         offenses for which a student will be expelled

  7         for 1 year under district school board zero

  8         tolerance for crime policies; amending s.

  9         232.17, F.S.; prohibiting students referred to

10         a child study team from enrolling in a home

11         education program; providing exceptions;

12         providing an appeals process; amending s.

13         232.19, F.S.; providing penalties for

14         noncompliance with provisions regarding

15         driver's license attendance requirements;

16         amending s. 232.25, F.S., relating to control

17         of pupils; providing a cross reference;

18         creating s. 232.251, F.S.; codifying federal

19         requirements for disciplinary actions against

20         students with disabilities; amending s. 232.26,

21         F.S.; clarifying requirements for suspension

22         proceedings against a student who is formally

23         charged with a felony; specifying that

24         expulsion of a student with a disability must

25         be made pursuant to law and state board rule;

26         amending s. 232.27, F.S.; authorizing teachers

27         or other instructional personnel to have

28         disobedient and disrespectful students

29         temporarily removed from the classroom;

30         amending s. 232.271, F.S.; revising the

31         behavior considered to be cause for teacher

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  1         removal of students; revising placement of

  2         students who are removed; removing obsolete

  3         language relating to a study and a report;

  4         amending s. 232.275, F.S.; prohibiting certain

  5         school personnel from being held civilly or

  6         criminally liable for the identification and

  7         referral of students for evaluation; creating

  8         s. 235.192, F.S.; requiring the provision of

  9         copies of educational facility construction

10         design documents to specific agencies; creating

11         s. 235.2157, F.S.; providing legislative

12         findings; defining the term "small school";

13         requiring the construction of only small

14         schools after a certain date; requiring small

15         schools to comply with racial balance

16         requirements; providing an exception; amending

17         s. 984.03, F.S.; revising the definition of

18         "truancy petition"; amending s. 984.13, F.S.;

19         enabling a law enforcement officer to take into

20         custody a child who is suspended or expelled

21         and who is not in the presence of his or her

22         parent or legal guardian; revising the

23         definition of "school system"; amending s.

24         984.151, F.S.; revising requirements for filing

25         a truancy petition; providing for use of

26         contempt powers; amending s. 414.125, F.S.;

27         revising criteria for reduction of temporary

28         cash assistance; providing an effective date.

29

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

31

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  1         Section 1.  Subsection (25) of section 228.041, Florida

  2  Statutes, is amended to read:

  3         228.041  Definitions.--Specific definitions shall be as

  4  follows, and wherever such defined words or terms are used in

  5  the Florida School Code, they shall be used as follows:

  6         (25)  SUSPENSION.--

  7         (a)  Suspension, also referred to as out-of-school

  8  suspension, is the temporary removal of a student from all

  9  classes of instruction on public school grounds and all other

10  school-sponsored activities, except as authorized by the

11  principal or the principal's designee, for a period not to

12  exceed 10 school days.

13         (b)  In-school Suspension is the temporary removal of a

14  student from the student's regular school program and

15  placement in an alternative program, such as that provided in

16  s. 230.2316, under the supervision of school district

17  personnel during regular school hours, for a period not to

18  exceed 10 school days.

19         Section 2.  Paragraph (a) of subsection (8) of section

20  229.57, Florida Statutes, is amended to read:

21         229.57  Student assessment program.--

22         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

23  CATEGORIES.--School performance grade category designations

24  itemized in subsection (7) shall be based on the following:

25         (a)  Timeframes.--

26         1.  School performance grade category designations

27  shall be based on one school year of performance.

28         2.  In the school years 1998-1999 and 1999-2000 school

29  year, a school's performance grade category designation shall

30  be determined by the student achievement levels on the FCAT,

31  and on other appropriate performance data, including, but not

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  1  limited to, attendance, dropout rate, school discipline data,

  2  and student readiness for college, in accordance with state

  3  board rule.

  4         3.  In Beginning with the 2000-2001 school year, a

  5  school's performance grade category designation shall be based

  6  on a combination of student achievement scores as measured by

  7  the FCAT, on the degree of measured learning gains of the

  8  students, and on other appropriate performance data,

  9  including, but not limited to, attendance, dropout rate,

10  school discipline data, and student readiness for college.

11         4.  Beginning with the 2001-2002 school year and

12  thereafter, a school's performance grade category designation

13  shall be based on student learning gains as measured by annual

14  FCAT assessments in grades 3 through 10, and on other

15  appropriate performance data, including, but not limited to,

16  attendance, dropout rate, school discipline data, cohort

17  graduation rate, and student readiness for college.

18

19  For the purpose of implementing ss. 229.0535 and 229.0537, if

20  any of the four schools that were identified as critically low

21  performing, based on both 1996-1997 and 1997-1998 school

22  performance data and state board adopted criteria, receives a

23  performance grade category designation of "F," based on

24  1998-1999 school performance data, that school shall be

25  considered as having failed to make adequate progress for 2

26  years in a 4-year period. All other schools that receive a

27  performance grade category designation of "F," based on

28  1998-1999 school performance data, shall be considered as

29  having failed to make adequate progress for 1 year.

30         Section 3.  Paragraphs (c), (d), and (e) of subsection

31  (6) of section 230.23, Florida Statutes, are amended,

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  1  subsection (20) of said section is renumbered as subsection

  2  (22), and new subsections (20) and (21) are added to said

  3  section, and section 235.14, Florida Statutes, is redesignated

  4  as paragraph (f) of subsection (6) of said section and

  5  amended, to read:

  6         230.23  Powers and duties of school board.--The school

  7  board, acting as a board, shall exercise all powers and

  8  perform all duties listed below:

  9         (6)  CHILD WELFARE.--Provide for the proper accounting

10  for all children of school age, for the attendance and control

11  of pupils at school, and for proper attention to health,

12  safety, and other matters relating to the welfare of children

13  in the following fields, as prescribed in chapter 232.

14         (c)  Control of students pupils.--

15         1.  Adopt rules and regulations for the control,

16  discipline, in-school suspension, suspension, and expulsion of

17  students pupils and decide all cases recommended for

18  expulsion.  Suspension hearings are exempted from the

19  provisions of chapter 120. Expulsion hearings shall be

20  governed by ss. 120.569 and 120.57(2) and are exempt from s.

21  286.011. However, the student's pupil's parent or legal

22  guardian must be given notice of the provisions of s. 286.011

23  and may elect to have the hearing held in compliance with that

24  section.  The district school board shall have the authority

25  to prohibit the use of corporal punishment, provided that the

26  district school board adopts or has adopted a written program

27  of alternative control or discipline.

28         2.  Have the authority as the district school board of

29  a receiving school district to honor the final order of

30  expulsion or dismissal of a student by any in-state or

31  out-of-state public school board or private school, or

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  1  developmental research school, for an act which would have

  2  been grounds for expulsion according to the receiving school

  3  district's code of student conduct, in accordance with the

  4  following procedures:

  5         a.  A final order of expulsion shall be recorded in the

  6  records of the receiving school district.

  7         b.  The expelled student applying for admission to the

  8  receiving school district shall be advised of the final order

  9  of expulsion.

10         c.  The superintendent of schools of the receiving

11  school district may recommend to the district school board

12  that the final order of expulsion be waived and the student be

13  admitted to the school district, or that the final order of

14  expulsion be honored and the student not be admitted to the

15  school district. If the student is admitted by the district

16  school board, with or without the recommendation of the

17  superintendent of schools, the student may be placed in an

18  appropriate educational program at the direction of the

19  district school board.

20         (d)  Code of student conduct.--Adopt a code of student

21  conduct for elementary schools and a code of student conduct

22  for secondary schools and distribute the appropriate code to

23  all teachers, school personnel, students, and parents or

24  guardians, at the beginning of every school year. Each code

25  shall be organized and written in language that which is

26  understandable to students and parents and shall be discussed

27  at the beginning of every school year in student classes,

28  school advisory council meetings councils, and parent and

29  teacher association meetings associations. Each code shall be

30  based on the rules governing student conduct and discipline

31  adopted by the district school board and shall be made

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  1  available in the student handbook or similar publication. Each

  2  code shall include, but not be limited to:

  3         1.  Consistent policies and specific grounds for

  4  disciplinary action, including in-school suspension,

  5  out-of-school suspension, expulsion, and any disciplinary

  6  action that may be imposed for the possession or use of

  7  alcohol on school property or while attending a school

  8  function or for the illegal use, sale, or possession of

  9  controlled substances as defined in chapter 893.

10         2.  Procedures to be followed for acts requiring

11  discipline, including corporal punishment.

12         3.  An explanation of the responsibilities and rights

13  of students with regard to attendance, respect for persons and

14  property, knowledge and observation of rules of conduct, the

15  right to learn, free speech and student publications,

16  assembly, privacy, and participation in school programs and

17  activities.

18         4.  Notice that illegal use, possession, or sale of

19  controlled substances, as defined in chapter 893, or

20  possession of electronic telephone pagers, by any student

21  while such student is upon school property or in attendance at

22  a school function is grounds for disciplinary action by the

23  school and may also result in criminal penalties being

24  imposed.

25         5.  Notice that the possession of a firearm, a knife,

26  or a weapon, or an item which can be used as a weapon by any

27  student while the student is on school property or in

28  attendance at a school function is grounds for disciplinary

29  action and may also result in criminal prosecution.

30         6.  Notice that violence against any school district

31  personnel by a student is grounds for in-school suspension,

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  1  out-of-school suspension, expulsion, or imposition of other

  2  disciplinary action by the school and may also result in

  3  criminal penalties being imposed.

  4         7.  Notice that violation of district school board

  5  transportation policies, including disruptive behavior on a

  6  school bus or at a school bus stop, by a student is grounds

  7  for suspension of the student's privilege of riding on a

  8  school bus and may be grounds for disciplinary action by the

  9  school and may also result in criminal penalties being

10  imposed.

11         8.  Notice that violation of the district school

12  board's sexual harassment policy by a student is grounds for

13  in-school suspension, out-of-school suspension, expulsion, or

14  imposition of other disciplinary action by the school and may

15  also result in criminal penalties being imposed.

16         9.  Policies to be followed for the assignment of

17  violent or disruptive students to an alternative educational

18  program.

19         10.  Notice that any student who is determined to have

20  brought a firearm or weapon, as defined in chapter 790 18

21  U.S.C. s. 921, to school, to any school function, or onto on

22  any school-sponsored transportation will be expelled, with or

23  without continuing educational services, from the student's

24  regular school for a period of not less than 1 full year and

25  referred for criminal prosecution. District school boards may

26  assign the student to a disciplinary program or second chance

27  school for the purpose of continuing educational services

28  during the period of expulsion. Superintendents may consider

29  the 1-year expulsion requirement on a case-by-case basis and

30  request the district school board to modify the requirement by

31  assigning the student to a disciplinary program or second

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  1  chance school if it is determined to be in the best interest

  2  of the student and the school system.

  3         11.  Notice that any student who is determined to have

  4  made a threat or false report, as defined by ss. 790.162 and

  5  790.163, respectively, involving school or school personnel's

  6  property, school transportation, or a school-sponsored

  7  activity will be expelled, with or without continuing

  8  educational services, from the student's regular school for a

  9  period of not less than 1 full year and referred for criminal

10  prosecution. District school boards may assign the student to

11  a disciplinary program or second chance school for the purpose

12  of continuing educational services during the period of

13  expulsion. Superintendents of schools may consider the 1-year

14  expulsion requirement on a case-by-case basis and request the

15  district school board to modify the requirement by assigning

16  the student to a disciplinary program or second chance school

17  if it is determined to be in the best interest of the student

18  and the school system.

19         (e)  Student crime watch program.--By resolution of the

20  district school board, implement a student crime watch program

21  to promote responsibility among students and to assist in the

22  control of criminal behavior within the schools.

23         (f) 235.14  Emergency drills; emergency

24  procedures.--The district school board shall formulate and

25  prescribe policies and procedures for emergency drills and for

26  actual emergencies, including, but not limited to, fires,

27  natural disasters, and bomb threats, for all the public

28  schools of the state which comprise grades K-12.

29         (20)  SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the

30  anonymity of students in large schools, the district school

31  board shall adopt policies effective for the 2001-2002 school

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  1  year, and thereafter, to require any school that does not meet

  2  the definition of a small school, as established by s.

  3  235.2157(2), to subdivide into schools-within-a-school, which

  4  shall operate within existing resources. A

  5  "school-within-a-school" means an operational program that

  6  uses flexible scheduling, team planning, and curricular and

  7  instructional innovation to organize groups of students with

  8  groups of teachers as smaller units, so as to functionally

  9  operate as a smaller school. Examples of this include, but are

10  not limited to:

11         (a)  An organizational arrangement assigning both

12  students and teachers to smaller units in which the students

13  take some or all of their coursework with their fellow grouped

14  students and from the teachers assigned to the smaller unit. A

15  unit may be grouped together for 1 year or on a vertical,

16  multiyear basis.

17         (b)  An organizational arrangement similar to that

18  described in paragraph (a) with additional variations in

19  instruction and curriculum.  The smaller unit usually seeks to

20  maintain a program different from that of the larger school,

21  or of other smaller units. It may be vertically organized, but

22  is dependent upon the school principal for its existence,

23  budget, and staff.

24         (c)  A separate and autonomous smaller unit formally

25  authorized by the district school board or superintendent of

26  schools. The smaller unit plans and runs its own program, has

27  its own staff and students, and receives its own separate

28  budget. The smaller unit must negotiate the use of common

29  space with the larger school and defer to the building

30  principal on matters of safety and building operation.

31

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  1         (21)  TEACHER SUPPORT.--District school boards shall

  2  address the availability of counselors who are trained in

  3  substance abuse or mental health to support teachers who

  4  identify students with potential problems. The district school

  5  board may address the availability of these counselors through

  6  the use of in-school or local private providers.

  7         Section 4.  Section 230.23003, Florida Statutes, is

  8  created to read:

  9         230.23003  Safety incident reporting.--

10         (1)  Each district school board shall require all

11  kindergarten through grade 12 principals within its

12  jurisdiction to document all public school grounds, public

13  school student, and public school staff related incidents of

14  crime, delinquency, disorder, and disruption. Documentable

15  incidents shall include:

16         (a)  Incidents requiring student referrals for

17  disciplinary action;

18         (b)  Noncriminal incidents instigated by nonstudent,

19  nonstaff persons on school property; and

20         (c)  Reportable incidents as defined pursuant to s.

21  230.235.

22         (2)  Subject to mutual agreement between school

23  districts and their local sheriff's offices and local police,

24  arrests made of public school students or staff which occur

25  off of school property shall be reported to the principal of

26  the school in which the student is enrolled or the staff

27  person employed, by the law enforcement agency making the

28  arrest. These incidents shall also be documented by the

29  principal of that school.

30         (3)  Each school in every district shall be required to

31  report all documented incidents to the appropriate school

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  1  district personnel responsible for collecting and

  2  disseminating school safety data.

  3         (4)  Each principal must ensure that standardized forms

  4  prescribed by the department are used to report data

  5  concerning school safety and discipline. The principal must

  6  develop a plan to verify the accuracy of reported incidents.

  7         (5)  By December 31, 2000, the Department of Education

  8  shall develop a statewide uniform safety incident reporting

  9  form.

10         Section 5.  Section 230.23015, Florida Statutes, is

11  amended to read:

12         230.23015  Students violating s. 784.081; expulsion or

13  placement in alternative school setting.--Except as otherwise

14  provided in s. 232.251 Notwithstanding any other provision of

15  law, each district school board shall adopt rules providing

16  that any student found to have committed a violation of s.

17  784.081(1), (2), or (3) shall be expelled or placed in an

18  alternative school setting or other youth services or justice

19  program, as appropriate.  Upon being charged with the offense,

20  the student shall be removed from the classroom immediately

21  and placed in an alternative school setting pending

22  disposition.

23         Section 6.  Subsection (1) of section 230.23025,

24  Florida Statutes, is amended to read:

25         230.23025  Best financial management practices;

26  standards; reviews; designation of districts.--

27         (1)  The Office of Program Policy Analysis and

28  Government Accountability (OPPAGA) and the Office of the

29  Auditor General are directed to develop a system for reviewing

30  the financial management practices of school districts. In

31  this system, OPPAGA and the Auditor General shall jointly

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  1  examine district operations to determine whether they meet

  2  "best financial management practices." The best financial

  3  management practices adopted by the Commissioner of Education

  4  may be updated periodically after consultation with the

  5  Legislature, the Governor, the SMART Schools Clearinghouse,

  6  OPPAGA, and the Auditor General. The best financial management

  7  practices, at a minimum, must instill public confidence by

  8  addressing the following areas:

  9         (a)  Efficient use of resources, use of lottery

10  proceeds, student transportation and food service operations,

11  management structures, and personnel systems and benefits.;

12         (b)  Compliance with generally accepted accounting

13  principles and state and federal laws relating to financial

14  management.;

15         (c)  Performance accountability systems, including

16  performance measurement reports to the public, internal

17  auditing, financial auditing, and information made available

18  to support decisionmaking.;

19         (d)  Cost control systems, including asset, risk, and

20  financial management, purchasing, and information system

21  controls.

22         (e)  Compliance with safety and security requirements

23  as provided by law.

24         Section 7.  Paragraphs (c) and (d) of subsection (3) of

25  section 230.2316, Florida Statutes, are amended to read:

26         230.2316  Dropout prevention.--

27         (3)  STUDENT ELIGIBILITY AND PROGRAM CRITERIA.--

28         (c)  A student shall be identified as being eligible to

29  receive services funded through the dropout prevention and

30  academic intervention program based upon one of the following

31  criteria:

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  1         1.  The student is academically unsuccessful as

  2  evidenced by low test scores, retention, failing grades, low

  3  grade point average, falling behind in earning credits, or not

  4  meeting the state or district proficiency levels in reading,

  5  mathematics, or writing.

  6         2.  The student has a pattern of excessive absenteeism

  7  or has been identified as a habitual truant.

  8         3.  The student has a history of disruptive behavior in

  9  school or has committed an offense that warrants out-of-school

10  suspension or expulsion from school according to the district

11  code of student conduct. For the purposes of this program,

12  "disruptive behavior" is behavior that:

13         a.  Interferes with the student's own learning or the

14  educational process of others and requires attention and

15  assistance beyond that which the traditional program can

16  provide or results in frequent conflicts of a disruptive

17  nature while the student is under the jurisdiction of the

18  school either in or out of the classroom; or

19         b.  Severely threatens the general welfare of students

20  or others with whom the student comes into contact.

21         (d)1.  "Second chance schools" means school district

22  programs provided through cooperative agreements between the

23  Department of Juvenile Justice, private providers, state or

24  local law enforcement agencies, or other state agencies for

25  students who have been disruptive or violent or who have

26  committed serious offenses.  As partnership programs, second

27  chance schools are eligible for waivers by the Commissioner of

28  Education from chapters 230-235 and 239 and State Board of

29  Education rules that prevent the provision of appropriate

30  educational services to violent, severely disruptive, or

31

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  1  delinquent students in small nontraditional settings or in

  2  court-adjudicated settings.

  3         2.  School districts seeking to enter into a

  4  partnership with a private entity or public entity to operate

  5  a second chance school for disruptive students may apply to

  6  the Department of Education for startup grants from the

  7  Department of Education. These grants must be available for 1

  8  year and must be used to offset the startup costs for

  9  implementing such programs off public school campuses. General

10  operating funds must be generated through the appropriate

11  programs of the Florida Education Finance Program. Grants

12  approved under this program shall be for the full operation of

13  the school by a private nonprofit or for-profit provider or

14  the public entity. This program must operate under rules

15  adopted by the Department of Education and must be implemented

16  to the extent funded by the Legislature.

17         3.  A student enrolled in a sixth, seventh, eighth,

18  ninth, or tenth grade class may be assigned to a second chance

19  school if the student meets the following criteria:

20         a.  The student is a habitual truant as defined in s.

21  228.041(28).

22         b.  The student's excessive absences have detrimentally

23  affected the student's academic progress and the student may

24  have unique needs that a traditional school setting may not

25  meet.

26         c.  The student's high incidences of truancy have been

27  directly linked to a lack of motivation.

28         d.  The student has been identified as at risk of

29  dropping out of school.

30         4.  A student who is habitually truant may be assigned

31  to a second chance school only if the case staffing committee,

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  1  established pursuant to s. 984.12, determines that such

  2  placement could be beneficial to the student and the criteria

  3  included in subparagraph 2. are met.

  4         5.  A student may be assigned to a second chance school

  5  if the school district in which the student resides has a

  6  second chance school and if the student meets one of the

  7  following criteria:

  8         a.  The student habitually exhibits disruptive behavior

  9  in violation of the code of student conduct adopted by the

10  school board.

11         b.  The student interferes with the student's own

12  learning or the educational process of others and requires

13  attention and assistance beyond that which the traditional

14  program can provide, or, while the student is under the

15  jurisdiction of the school either in or out of the classroom,

16  frequent conflicts of a disruptive nature occur.

17         c.  The student has committed a serious offense which

18  warrants suspension or expulsion from school according to the

19  district code of student conduct.  For the purposes of this

20  program, "serious offense" is behavior which:

21         (I)  Threatens the general welfare of students or

22  others with whom the student comes into contact;

23         (II)  Includes violence;

24         (III)  Includes possession of weapons or drugs; or

25         (IV)  Is harassment or verbal abuse of school personnel

26  or other students.

27         6.  Prior to assignment of students to second chance

28  schools, district school boards are encouraged to use

29  alternative programs, such as in-school suspension, which

30  provide instruction and counseling leading to improved student

31

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  1  behavior, a reduction in the incidence of truancy, and the

  2  development of more effective interpersonal skills.

  3         7.  Students assigned to second chance schools must be

  4  evaluated by the school's local child study team before

  5  placement in a second chance school. The study team shall

  6  ensure that students are not eligible for placement in a

  7  program for emotionally disturbed children.

  8         8.  Students who exhibit academic and social progress

  9  and who wish to return to a traditional school shall complete

10  a character development and law education program, as provided

11  in s. 233.0612, and demonstrate preparedness to reenter the

12  regular school setting prior to reentering a traditional

13  school.

14         Section 8.  Subsection (2) of section 230.235, Florida

15  Statutes, is redesignated as subsection (3), and a new

16  subsection (2) is added to said section, to read:

17         230.235  Policy of zero tolerance for crime.--

18         (2)  The policy shall require students found to have

19  committed one of the following offenses to be expelled, with

20  or without continuing educational services, from the student's

21  regular school for a period of not less than 1 full year:

22         (a)  Bringing a firearm or weapon, as defined in

23  chapter 790, to school, to any school function, or onto any

24  school-sponsored transportation.

25         (b)  Making a threat or false report, as defined by ss.

26  790.162 and 790.163, respectively, involving school or school

27  personnel's property, school transportation, or a

28  school-sponsored activity.

29

30  Prior to taking such action against any student, a district

31  school board shall ensure that appropriate due process

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  1  procedures are followed. If a student committing any of the

  2  offenses in this subsection is a student with a disability, as

  3  specified by s. 228.041(18), school personnel shall follow the

  4  appropriate procedures pursuant to s. 232.251 and state board

  5  rule.

  6         Section 9.  Subsection (1) of section 232.17, Florida

  7  Statutes, is amended to read:

  8         232.17  Enforcement of school attendance.----The

  9  Legislature finds that poor academic performance is associated

10  with nonattendance and that schools must take an active role

11  in enforcing attendance as a means of improving the

12  performance of many students. It is the policy of the state

13  that the superintendent of each school district be responsible

14  for enforcing school attendance of all children and youth

15  subject to the compulsory school age in the school district.

16  The responsibility includes recommending to the school board

17  policies and procedures to ensure that schools respond in a

18  timely manner to every unexcused absence, or absence for which

19  the reason is unknown, of students enrolled in the schools.

20  School board policies must require each parent or guardian of

21  a student to justify each absence of the student, and that

22  justification will be evaluated based on adopted school board

23  policies that define excused and unexcused absences. The

24  policies must provide that schools track excused and unexcused

25  absences and contact the home in the case of an unexcused

26  absence from school, or an absence from school for which the

27  reason is unknown, to prevent the development of patterns of

28  nonattendance. The Legislature finds that early intervention

29  in school attendance matters is the most effective way of

30  producing good attendance habits that will lead to improved

31  student learning and achievement. Each public school shall

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  1  implement the following steps to enforce regular school

  2  attendance:

  3         (1)  CONTACT, REFER, AND ENFORCE.--

  4         (a)  Upon each unexcused absence, or absence for which

  5  the reason is unknown, the school principal or his or her

  6  designee shall contact the student's parent or guardian to

  7  determine the reason for the absence. If the absence is an

  8  excused absence, as defined by school board policy, the school

  9  shall provide opportunities for the student to make up

10  assigned work and not receive an academic penalty unless the

11  work is not made up within a reasonable time.

12         (b)  If a student has had at least five unexcused

13  absences, or absences for which the reasons are unknown,

14  within a calendar month or 10 unexcused absences, or absences

15  for which the reasons are unknown, within a 90-calendar-day

16  period, the student's primary teacher shall report to the

17  school principal or his or her designee that the student may

18  be exhibiting a pattern of nonattendance. The principal shall,

19  unless there is clear evidence that the absences are not a

20  pattern of nonattendance, refer the case to the school's child

21  study team to determine if early patterns of truancy are

22  developing. A student referred to a child study team for

23  exhibiting a pattern of nonattendance may not register in a

24  home education program as defined in s. 232.0201, until the

25  beginning of the following regular school year, unless:

26         1.  The child study team determines that a pattern of

27  nonattendance is not developing; or

28         2.  Enrollment in the home education program is

29  authorized after the appeals process established by paragraph

30  (f).

31

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  1  If the child study team finds that a pattern of nonattendance

  2  is developing, whether the absences are excused or not, a

  3  meeting with the parent must be scheduled to identify

  4  potential remedies. The principal shall notify the

  5  superintendent of schools that the referred student is

  6  ineligible to register in a home education program.

  7         (c)  If an initial meeting does not resolve the

  8  problem, the child study team shall implement interventions

  9  that best address the problem. The interventions may include,

10  but need not be limited to:

11         1.  Frequent communication between the teacher and the

12  family;

13         2.  Changes in the learning environment;

14         3.  Mentoring;

15         4.  Student counseling;

16         5.  Tutoring, including peer tutoring;

17         6.  Placement into different classes;

18         7.  Evaluation for alternative education programs;

19         8.  Attendance contracts;

20         9.  Referral to other agencies for family services; or

21         10.  Other interventions, including, but not limited

22  to, a truancy petition pursuant to s. 984.151.

23         (d)  The child study team shall be diligent in

24  facilitating intervention services and shall report the case

25  to the superintendent only when all reasonable efforts to

26  resolve the nonattendance behavior are exhausted.

27         (e)  If the parent, guardian, or other person in charge

28  of the child refuses to participate in the remedial strategies

29  because he or she believes that those strategies are

30  unnecessary or inappropriate, the parent, guardian, or other

31  person in charge of the child may appeal to the school board.

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  1  The school board may provide a hearing officer, and the

  2  hearing officer shall make a recommendation for final action

  3  to the board. If the board's final determination is that the

  4  strategies of the child study team are appropriate, and the

  5  parent, guardian, or other person in charge of the child still

  6  refuses to participate or cooperate, the superintendent may

  7  seek criminal prosecution for noncompliance with compulsory

  8  school attendance.

  9         (f)  If the parent or guardian of the child wishes to

10  enroll the child in a home education program, the parent or

11  guardian of the child may appeal to the district school board.

12  The district school board shall appoint an impartial hearing

13  officer, who shall review the case and make a recommendation

14  to the board. If the district school board's final

15  determination is to allow the child to enroll in a home

16  education program, then the district school board must outline

17  specific timeframes for reviewing the portfolio in order to

18  determine compliance with the home education laws. The

19  district school board must notify the superintendent of

20  schools of the child's eligibility to enroll in a home

21  education program.

22         (g)(f)  If a child subject to compulsory school

23  attendance will not comply with attempts to enforce school

24  attendance, the parent, the guardian, or the superintendent or

25  his or her designee shall refer the case to the case staffing

26  committee pursuant to s. 984.12, and the superintendent or his

27  or her designee may file a truancy petition pursuant to the

28  procedures in s. 984.151.

29         Section 10.  Paragraph (b) of subsection (2) of section

30  232.19, Florida Statutes, is amended to read:

31

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  1         232.19  Court procedure and penalties.--The court

  2  procedure and penalties for the enforcement of the provisions

  3  of this chapter, relating to compulsory school attendance,

  4  shall be as follows:

  5         (2)  NONENROLLMENT AND NONATTENDANCE CASES.--

  6         (b)  Each public school principal or the principal's

  7  designee shall notify the district school board of each minor

  8  under its jurisdiction who accumulates 15 unexcused absences

  9  in a period of 90 calendar days. Each designee of the

10  governing body of each private school, and each parent whose

11  child is enrolled in a home education program, may provide the

12  Department of Highway Safety and Motor Vehicles with the legal

13  name, sex, date of birth, and social security number of each

14  minor under his or her jurisdiction who fails to satisfy

15  relevant attendance requirements and who fails to otherwise

16  satisfy the requirements of s. 322.091. The superintendent

17  must provide the Department of Highway Safety and Motor

18  Vehicles the legal name, sex, date of birth, and social

19  security number of each minor who has been reported under this

20  paragraph and who fails to otherwise satisfy the requirements

21  of s. 322.091. The Department of Highway Safety and Motor

22  Vehicles may not issue a driver's license or learner's

23  driver's license to, and shall suspend any previously issued

24  driver's license or learner's driver's license of, any such

25  minor, pursuant to the provisions of s. 322.091. The district

26  school board shall withhold further payment of salary to the

27  superintendent of schools when notified by the Department of

28  Education that he or she has failed to provide the Department

29  of Highway Safety and Motor Vehicles the required student

30  information, and shall continue to withhold payment of salary

31  until the district school board is notified by the Department

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  1  of Education that such information has been provided. Any

  2  member of the district school board who is responsible for

  3  violation of the provisions of this paragraph is subject to

  4  suspension and removal.

  5         Section 11.  Subsection (3) of section 232.25, Florida

  6  Statutes, is amended to read:

  7         232.25  Pupils subject to control of school.--

  8         (3)  Nothing shall prohibit a district school board

  9  from having the right to expel, or to take disciplinary action

10  against, a student who is found to have committed an offense

11  on school property at any time if:

12         (a)  The student is found to have committed a

13  delinquent act which would be a felony if committed by an

14  adult;

15         (b)  The student has had adjudication withheld for a

16  delinquent act which, if committed by an adult, would be a

17  felony; or

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

19

20  However, if the student is a student with a disability, the

21  disciplinary action must comply with the procedures set forth

22  in s. 232.251 and state board rule.

23         Section 12.  Section 232.251, Florida Statutes, is

24  created to read:

25         232.251  Disciplinary actions against students with

26  disabilities.--In accordance with the requirements of the

27  federal Individuals with Disabilities Education Act Amendments

28  of 1997:

29         (1)  AUTHORITY OF SCHOOL PERSONNEL.--

30         (a)  School personnel may order a change in the

31  placement of a student with a disability:

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  1         1.  To an appropriate interim alternative educational

  2  setting, another setting, or suspension, for not more than 10

  3  school days, to the extent that such alternatives would also

  4  be applied to students without disabilities; or

  5         2.  To an appropriate interim alternative educational

  6  setting for the same amount of time that a student without a

  7  disability would be subject to discipline, but for not more

  8  than 45 days if:

  9         a.  The student carries a weapon to school or to a

10  school function under the jurisdiction of a school district;

11  or

12         b.  The student knowingly possesses or uses illegal

13  drugs or sells or solicits the sale of a controlled substance

14  while at school or a school function under the jurisdiction of

15  a school district.

16         (b)  Not later than 10 days after taking a disciplinary

17  action described in paragraph (a):

18         1.  If the school district did not conduct a functional

19  behavioral assessment and implement a behavioral intervention

20  plan for the student before the behavior that resulted in the

21  suspension described in paragraph (a), the school district

22  shall convene an individual education plan (IEP) meeting to

23  develop an assessment plan to address that behavior; or

24         2.  If the student already has a behavioral

25  intervention plan, the IEP Team shall review the plan and

26  modify it, as necessary, to address the behavior.

27         (2)  AUTHORITY OF AN ADMINISTRATIVE LAW JUDGE.--An

28  administrative law judge from the Division of Administrative

29  Hearings may order a change in the placement of a student with

30  a disability under this section, to an appropriate interim

31

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  1  alternative educational setting for not more than 45 days if

  2  the hearing officer:

  3         (a)  Determines that the school district has

  4  demonstrated by substantial evidence that maintaining the

  5  current placement of the student is substantially likely to

  6  result in injury to the student or to others.

  7         (b)  Considers the appropriateness of the student's

  8  current placement.

  9         (c)  Considers whether the school district has made

10  reasonable efforts to minimize the risk of harm in the

11  student's current placement, including the use of

12  supplementary aids and services.

13         (d)  Determines that the interim alternative

14  educational setting meets the requirements of paragraph (3).

15         (3)  DETERMINATION OF SETTING.--

16         (a)  The alternative educational setting described in

17  subparagraph (1)(a)2. shall be determined by the IEP Team.

18         (b)  Any interim alternative educational setting in

19  which a student is placed under subsection (1) or subsection

20  (2) shall:

21         1.  Be selected so as to enable the student to continue

22  to participate in the general curriculum, although in another

23  setting, and to continue to receive those services and

24  modifications, including those described in the student's

25  current IEP, that will enable the student to meet the goals

26  set out in that IEP.

27         2.  Include services and modifications designed to

28  address the behavior described in subsection (1) or subsection

29  (2) so that it does not recur.

30         (4)  MANIFESTATION DETERMINATION REVIEW.--

31

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  1         (a)  If a disciplinary action is contemplated as

  2  described in subsection (1) or subsection (2) for a behavior

  3  of a student with a disability described in either of those

  4  subsections, or if a disciplinary action involving a change of

  5  placement for more than 10 days is contemplated for a student

  6  with a disability who has engaged in other behavior that

  7  violated any rule or code of conduct of the school district

  8  that applies to all students:

  9         1.  Not later than the date on which the decision to

10  take that action is made, the parents shall be notified of

11  that decision and of all procedural safeguards accorded under

12  this section.

13         2.  Immediately, if possible, but in no case later than

14  10 school days after the date on which the decision to take

15  that action is made, a review shall be conducted of the

16  relationship between the student's disability and the behavior

17  subject to the disciplinary action.

18         (b)  A review required by paragraph (a) shall be

19  conducted by the IEP Team and other qualified personnel.

20         (c)  In carrying out a review required by paragraph

21  (a), the IEP Team may determine that the behavior of the

22  student was not a manifestation of the student's disability

23  only if the IEP Team:

24         1.  First considers, in terms of the behavior subject

25  to disciplinary action, all relevant information, including:

26         a.  Evaluation and diagnostic results, including such

27  results or other relevant information supplied by the parents

28  of the student;

29         b.  Observations of the student; and

30         c.  The student's IEP and placement; and

31         2.  Then determines that:

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  1         a.  In relationship to the behavior subject to

  2  disciplinary action, the student's IEP and placement were

  3  appropriate and the special education services, supplementary

  4  aids and services, and behavior intervention strategies were

  5  provided consistent with the student's IEP and placement;

  6         b.  The student's disability did not impair the ability

  7  of the student to understand the impact and consequences of

  8  the behavior subject to disciplinary action; and

  9         c.  The student's disability did not impair the ability

10  of the student to control the behavior subject to disciplinary

11  action.

12         (5)  DEFINITIONS.--For purposes of this section, the

13  following definitions shall apply:

14         (a)  The term "controlled substance" means a drug or

15  other substance identified under schedules I, II, III, IV, or

16  V in section 202(c) of the Controlled Substances Act, 21

17  U.S.C. 812(c).

18         (b)  The term "illegal drug":

19         1.  Means a controlled substance; but

20         2.  Does not include such a substance that is legally

21  possessed or used under the supervision of a licensed health

22  care professional or that is legally possessed or used under

23  any other authority under the Controlled Substances Act or

24  under any other provision of federal law.

25         (c)  The term "substantial evidence" means beyond a

26  preponderance of the evidence.

27         (d)  The term "weapon" has the meaning given the term

28  "dangerous weapon" under paragraph (2) of the first subsection

29  (g) of section 930 of Title 18, United States Code.

30

31

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  1  Procedures for compliance with the determination that the

  2  student's behavior was not a manifestation of a disability,

  3  parental appeal, placement during appeals, protection for

  4  students not yet eligible for special education and related

  5  services, and referral to an action by law enforcement and

  6  judicial authorities shall be pursuant to the Individuals with

  7  Disabilities Education Act Amendments of 1997 and state board

  8  rule.

  9         Section 13.  Subsections (2) and (4) of section 232.26,

10  Florida Statutes, are amended to read:

11         232.26  Authority of principal.--

12         (2)  Suspension proceedings, pursuant to rules of the

13  State Board of Education, may be initiated against any pupil

14  enrolled as a student who is formally charged with a felony,

15  or with a delinquent act which would be a felony if committed

16  by an adult, by a proper prosecuting attorney for an incident

17  which allegedly occurred on property other than public school

18  property, if that incident is shown, in an administrative

19  hearing with notice provided to the parents or legal guardian

20  or custodian of such student pupil by the principal of the

21  school pursuant to rules adopted promulgated by the State

22  Board of Education and to rules developed pursuant to s.

23  231.085, to have an adverse impact on the educational program,

24  discipline, or welfare in the school in which the student is

25  enrolled. Any student pupil who is suspended as the result of

26  such proceedings shall be immediately enrolled in an

27  alternative education program during regular school hours. The

28  suspension may exceed 10 days, as determined by the

29  superintendent of schools. may be suspended from all classes

30  of instruction on public school grounds during regular

31  classroom hours for a period of time, which may exceed 10

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  1  days, as determined by the superintendent. Such suspension

  2  shall not affect the delivery of educational services to the

  3  pupil, and the pupil shall be immediately enrolled in a

  4  daytime alternative education program, or an evening

  5  alternative education program, where appropriate.  If the

  6  court determines that the student pupil did commit the felony

  7  or delinquent act which would have been a felony if committed

  8  by an adult, the district school board shall have the

  9  authority to expel the student, provided that expulsion under

10  this subsection shall not affect the delivery of educational

11  services to the student pupil in any residential,

12  nonresidential, alternative, daytime, or evening program

13  outside of the regular school setting. Any student pupil who

14  is subject to discipline or expulsion for unlawful possession

15  or use of any substance controlled under chapter 893 may be

16  entitled to a waiver of the discipline or expulsion:

17         (a)  If the student pupil divulges information leading

18  to the arrest and conviction of the person who supplied such

19  controlled substance to him or her, or if the student pupil

20  voluntarily discloses his or her unlawful possession of such

21  controlled substance prior to his or her arrest. Any

22  information divulged which leads to such arrest and conviction

23  is not admissible in evidence in a subsequent criminal trial

24  against the student pupil divulging such information.

25         (b)  If the student pupil commits himself or herself,

26  or is referred by the court in lieu of sentence, to a

27  state-licensed drug abuse program and successfully completes

28  the program.

29         (4)  Any recommendation for the suspension or expulsion

30  of a handicapped student with a disability shall be made in

31

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  1  accordance with s. 232.251 and the rules adopted promulgated

  2  by the State Board of Education.

  3         Section 14.  Paragraph (c) of subsection (1) of section

  4  232.27, Florida Statutes, is amended to read:

  5         232.27  Authority of teacher; responsibility for

  6  control of students; school district duties.--Subject to law

  7  and to the rules of the district school board, each teacher or

  8  other member of the staff of any school shall have such

  9  authority for the control and discipline of students as may be

10  assigned to him or her by the principal or the principal's

11  designated representative and shall keep good order in the

12  classroom and in other places in which he or she is assigned

13  to be in charge of students.

14         (1)  Within the framework of the school district code

15  of student conduct, teachers and other instructional personnel

16  shall have the authority to undertake any of the following

17  actions in managing student behavior and ensuring the safety

18  of all students in their classes and school:

19         (c)  Have disobedient, disrespectful, violent, abusive,

20  uncontrollable, or disruptive students temporarily removed

21  from the classroom for behavior management intervention.

22         Section 15.  Subsections (2), (3), and (5) of section

23  232.271, Florida Statutes, are amended to read:

24         232.271  Removal by teacher.--

25         (2)  A teacher may remove from class a student:

26         (a)  Who has been documented by the teacher to

27  repeatedly interfere with the teacher's ability to communicate

28  effectively with the students in the class or with the ability

29  of the student's classmates to learn; or

30         (b)  whose behavior the teacher determines is so

31  unruly, disruptive, or abusive that it seriously interferes

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  1  with the teacher's ability to communicate effectively with the

  2  students in the class or with the ability of the student's

  3  classmates to learn.

  4         (3)  If a teacher removes a student from class under

  5  subsection (2), the principal may place the student in another

  6  appropriate classroom, in in-school suspension, or in a

  7  dropout prevention and academic intervention program as

  8  provided by s. 230.2316; or the principal may recommend the

  9  student for out-of-school suspension or expulsion, as

10  appropriate. The student may be prohibited from attending or

11  participating in school-sponsored or school-related

12  activities. The principal may not return the student to that

13  teacher's class without the teacher's consent unless the

14  committee established under s. 232.272 determines that such

15  placement is the best or only available alternative. The

16  teacher and the placement review committee must render

17  decisions within 5 days of the removal of the student from the

18  classroom.

19         (5)  The department shall conduct a study on the number

20  of students who are expelled from classrooms, placement

21  alternatives for students who are expelled, and the number of

22  decisions by teachers that are overridden by the placement

23  review committee.  A preliminary report to the Legislature

24  shall be submitted no later than March 1, 1997.  A final

25  report shall be submitted to the Legislature by September 1,

26  1997.

27         Section 16.  Section 232.275, Florida Statutes, is

28  amended to read:

29         232.275  Liability of teacher or principal.--

30         (1)  Except in the case of excessive force or cruel and

31  unusual punishment, a teacher or other member of the

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  1  instructional staff, a principal or the principal's designated

  2  representative, or a bus driver shall not be civilly or

  3  criminally liable for any action carried out in conformity

  4  with the state board and district school board rules regarding

  5  the control, discipline, suspension, and expulsion of

  6  students, including any exercise of authority under s. 232.26,

  7  s. 232.27, or s. 232.271.

  8         (2)  A teacher or other member of the instructional

  9  staff, a principal or his or her designee, or a bus driver

10  shall be immune from civil or criminal liability for the

11  identification and referral of students for evaluation by

12  mental health personnel, law enforcement, or other appropriate

13  personnel.

14         Section 17.  Section 235.192, Florida Statutes, is

15  created to read:

16         235.192  Coordination of school safety information;

17  construction design documents.--

18         (1)  Beginning October 1, 2000, each district

19  superintendent of schools must provide to the law enforcement

20  agency and fire department that has jurisdiction over each

21  educational facility a copy of the construction design

22  documents for each educational facility in the district, as

23  defined in s. 235.011(6). After the initial submission of the

24  construction design documents, the district superintendent of

25  schools shall submit, by October 1 of each year, revised

26  construction design documents for each educational facility in

27  the district that was modified during the preceding year.

28         (2)  Beginning October 1, 2000, each community college

29  president must provide to the law enforcement agency and fire

30  department that has jurisdiction over the community college a

31  copy of the construction design documents for each educational

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  1  facility as defined in s. 235.011(6). After the initial

  2  submission of the construction design documents, the community

  3  college president shall submit, by October 1 of each year,

  4  revised construction design documents for each educational

  5  facility that was modified during the preceding year.

  6         (3)  Beginning October 1, 2000, the Board of Regents

  7  must provide to the law enforcement agency and fire department

  8  that has jurisdiction over each state university a copy of the

  9  construction design documents for each state university. After

10  the initial submission of the construction design documents,

11  the Board of Regents shall submit, by October 1 of each year,

12  revised construction design documents for each state

13  university facility that was modified during the preceding

14  year.

15         Section 18.  Section 235.2157, Florida Statutes, is

16  created to read:

17         235.2157  Small school requirement.--

18         (1)  LEGISLATIVE FINDINGS.--The Legislature finds that:

19         (a)  Florida's schools are among the largest in the

20  nation.

21         (b)  Smaller schools provide benefits of reduced

22  discipline problems and crime, reduced truancy and gang

23  participation, reduced dropout rates, improved teacher and

24  student attitudes, improved student self-perception, student

25  academic achievement equal to or superior to that of students

26  at larger schools, and increased parental involvement.

27         (c)  Smaller schools can provide these benefits while

28  not increasing administrative and construction costs.

29         (2)  DEFINITION.--As used in this section, "small

30  school" means:

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  1         (a)  An elementary school with a student population of

  2  not more than 500 students.

  3         (b)  A middle school with a student population of not

  4  more than 700 students.

  5         (c)  A high school with a student population of not

  6  more than 900 students.

  7         (d)  A school serving kindergarten through grade 8 with

  8  a student population of not more than 700 students.

  9         (e)  A school serving kindergarten through grade 12

10  with a student population of not more than 900 students.

11

12  A school on a single campus which operates as a

13  school-within-a-school, as defined by s. 230.23(20), shall be

14  considered a small school if each smaller unit located on the

15  single campus meets the requirements of this subsection.

16         (3)  REQUIREMENTS.--

17         (a)  Beginning July 1, 2003, all plans for new

18  educational facilities to be constructed within a school

19  district and reflected in the 5-year school district

20  facilities work plan shall be plans for small schools in order

21  to promote increased learning and more effective use of school

22  facilities.

23         (b)  Small schools shall comply with all laws, rules,

24  and court orders relating to racial balance.

25         (4)  EXCEPTIONS.--This section does not apply to plans

26  for new educational facilities already under architectural

27  contract on July 1, 2003.

28         Section 19.  Subsections (29) and (57) of section

29  984.03, Florida Statutes, are amended to read:

30         984.03  Definitions.--When used in this chapter, the

31  term:

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  1         (29)  "Habitually truant" means that:

  2         (a)  The child has 15 unexcused absences within 90

  3  calendar days with or without the knowledge or justifiable

  4  consent of the child's parent or legal guardian, is subject to

  5  compulsory school attendance under s. 232.01, and is not

  6  exempt under s. 232.06, s. 232.09, or any other exemptions

  7  specified by law or the rules of the State Board of Education.

  8         (b)  Activities to determine the cause, and to attempt

  9  the remediation, of the child's truant behavior under ss.

10  232.17 and 232.19(3), have been completed.

11

12  If a child who is subject to compulsory school attendance is

13  responsive to the interventions described in ss. 232.17 and

14  232.19(3) and has completed the necessary requirements to pass

15  the current grade as indicated in the district pupil

16  progression plan, the child shall not be determined to be

17  habitually truant and shall be passed. If a child within the

18  compulsory school attendance age has 15 unexcused absences

19  within 90 calendar days or fails to enroll in school, the

20  State Attorney may, or the appropriate jurisdictional agency

21  shall, file a child-in-need-of-services petition if

22  recommended by the case staffing committee, unless it is

23  determined that another alternative action is preferable.

24         (c)  A school representative, designated according to

25  school board policy, and a juvenile probation officer of the

26  Department of Juvenile Justice have jointly investigated the

27  truancy problem or, if that was not feasible, have performed

28  separate investigations to identify conditions that may be

29  contributing to the truant behavior; and if, after a joint

30  staffing of the case to determine the necessity for services,

31  such services were determined to be needed, the persons who

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  1  performed the investigations met jointly with the family and

  2  child to discuss any referral to appropriate community

  3  agencies for economic services, family or individual

  4  counseling, or other services required to remedy the

  5  conditions that are contributing to the truant behavior.

  6         (d)  The failure or refusal of the parent or legal

  7  guardian or the child to participate, or make a good faith

  8  effort to participate, in the activities prescribed to remedy

  9  the truant behavior, or the failure or refusal of the child to

10  return to school after participation in activities required by

11  this subsection, or the failure of the child to stop the

12  truant behavior after the school administration and the

13  Department of Juvenile Justice have worked with the child as

14  described in ss. 232.17 and s. 232.19(3) and (4) shall be

15  handled as prescribed in s. 232.19.

16         (57)  "Truancy petition" means a petition filed by the

17  school superintendent of schools alleging that a student

18  subject to compulsory school attendance has had at least five

19  unexcused absences, or absences for which the reasons are

20  unknown, within a calendar month or 10 unexcused absences, or

21  absences for which the reasons are unknown, within a

22  90-calendar-day period, or has had more than 15 unexcused

23  absences in a 90-calendar-day period. A truancy petition is

24  filed and processed under s. 984.151.

25         Section 20.  Paragraph (b) of subsection (1) of section

26  984.13, Florida Statutes, is amended to read:

27         984.13  Taking into custody a child alleged to be from

28  a family in need of services or to be a child in need of

29  services.--

30         (1)  A child may be taken into custody:

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  1         (b)  By a law enforcement officer when the officer has

  2  reasonable grounds to believe that the child is absent from

  3  school without authorization or is suspended or expelled and

  4  is not in the presence of his or her parent or legal guardian,

  5  for the purpose of delivering the child without unreasonable

  6  delay to the appropriate school system site.  For the purpose

  7  of this paragraph, "school system site" includes, but is not

  8  limited to, a center approved by the superintendent of schools

  9  for the purpose of counseling students and referring them back

10  to the school system or an approved alternative to a

11  suspension or expulsion program. If a student is suspended or

12  expelled from school without assignment to an alternative

13  school placement, the law enforcement officer shall deliver

14  the child to the parent or legal guardian or to a designated

15  truancy interdiction site until the parent or guardian can be

16  located.

17         Section 21.  Subsections (1), (3), and (4) of section

18  984.151, Florida Statutes, are amended, and a new subsection

19  (9) is added to said section, to read:

20         984.151  Truancy petition; prosecution; disposition.--

21         (1)  If the school determines that a student subject to

22  compulsory school attendance has had at least five unexcused

23  absences, or absences for which the reasons are unknown,

24  within a calendar month or 10 unexcused absences, or absences

25  for which the reasons are unknown, within a 90-calendar-day

26  period pursuant to s. 232.17(1)(b), or has had more than 15

27  unexcused absences in a 90-calendar-day period, the

28  superintendent of schools may file a truancy petition.

29         (3)  Original jurisdiction to hear a truancy petition

30  shall be in the circuit court; however, the circuit court may

31  use a general or special master pursuant to Supreme Court

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  1  rules. Upon the filing of a petition containing allegations of

  2  facts which, if true, constitute the child named therein being

  3  absent from school pursuant to subsection (1) and s.

  4  232.17(1)(b) and upon the request of the petitioner, the clerk

  5  or deputy clerk shall issue a summons.

  6         (4)  The petition must contain the following: the name,

  7  age, and address of the student; the name and address of the

  8  student's parent or guardian; the school where the student is

  9  enrolled; the efforts the school has made to get the student

10  to attend school; the number of out-of-school contacts between

11  the school system and student's parent or guardian; and the

12  number of days and dates of days the student has missed

13  school.  The petition shall be sworn to by the superintendent

14  or his or her designee.

15         (a)  When a truancy petition has been filed pursuant to

16  s. 984.151 and the parent, guardian, or legal custodian of the

17  child, and the child, have advised the court and the school

18  system that the truth of the allegations is acknowledged and

19  that no contest is to be made of the petition, the attorney

20  representing the school system may set the case before the

21  court for a disposition hearing. If there is a change of plea

22  at this hearing, the court shall continue the hearing to

23  permit the attorney representing the school system to prepare

24  and present the case. The school system may, upon written

25  agreement, designate the state attorney's office to represent

26  the school system in this proceeding.

27         (b)  An attorney representing the school system or,

28  upon written agreement, the state attorney's office, shall

29  represent the state in any proceeding in which a truancy

30  petition has been filed under s. 984.151 and in which a party

31  denies the allegations and contests the petition.

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  1         (9)  The participation of the parent, guardian, or

  2  legal custodian with the court-ordered sanctions and services

  3  is mandatory. The court may use its contempt powers to enforce

  4  its order.

  5         Section 22.  Section 414.125, Florida Statutes, is

  6  amended to read:

  7         414.125  Learnfare program.--

  8         (1)  The department shall reduce the temporary cash

  9  assistance for a participant's eligible dependent child or for

10  an eligible teenage participant who has not been exempted from

11  education participation requirements and who has been

12  identified as a habitual truant, pursuant to s. 228.041(28)

13  during a grading period in which the child or teenage

14  participant has accumulated a number of unexcused absences

15  from school that is sufficient to jeopardize the student's

16  academic progress, in accordance with rules adopted by the

17  department with input from the Department of Education.  The

18  temporary cash assistance must be reinstituted after a

19  subsequent grading period in which the child has substantially

20  improved the child's attendance. Good cause exemptions from

21  the rule of unexcused absences include the following:

22         (a)  The student is expelled from school and

23  alternative schooling is not available.

24         (b)  No licensed day care is available for a child of

25  teen parents subject to Learnfare.

26         (c)  Prohibitive transportation problems exist (e.g.,

27  to and from day care).

28         (d)  The teen is over 16 years of age and not expected

29  to graduate from high school by age 20.

30

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  1  Within 10 days after sanction notification, the participant

  2  parent of a dependent child or the teenage participant may

  3  file an internal fair hearings process review procedure

  4  appeal, and no sanction shall be imposed until the appeal is

  5  resolved.

  6         (2)  Each participant with a school-age child is

  7  required to have a conference with an appropriate school

  8  official of the child's school during each semester grading

  9  period to assure that the participant is involved in the

10  child's educational progress and is aware of any existing

11  attendance or academic problems. The conference must address

12  acceptable student attendance, grades, and behavior and must

13  be documented by the school and reported to the department.

14  The department shall notify a school of any student in

15  attendance at that school who is a participant in the

16  Learnfare program in order that the required conferences are

17  held. A participant who without good cause fails to attend a

18  conference with a school official is subject to the sanction

19  provided in subsection (1).

20         Section 23.  This act shall take effect July 1, 2000.

21

22

23

24

25

26

27

28

29

30

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises the definition of suspension. Removes school
  4    discipline data from data used to determine a school's
      performance grade category. Clarifies suspension options.
  5    Revises information required to be included in the
      student code of conduct. Combines and clarifies
  6    provisions relating to student possession of a weapon.
      Requires the district code of student conduct to include
  7    certain notice relating to expulsion for making a threat.
      Defines the term "school-within-a-school." Requires
  8    district school boards to address the availability of
      substance abuse and mental health counselors. Specifies
  9    types of drills and emergencies for which district school
      boards are required to develop procedures. Provides
10    requirements relating to school safety incident data
      collection and reporting. Requires the Department of
11    Education to develop a form. Requires each school
      principal to ensure that the standardized form is used.
12    Requires best financial management practices to address
      school safety and security. Clarifies criteria for
13    student eligibility for dropout prevention services.
      Specifies offenses for which a student will be expelled
14    for 1 year under district school board zero tolerance for
      crime policies. Prohibits certain students referred to a
15    child study team from enrolling in a home education
      program. Provides an appeals process. Provides penalties
16    for noncompliance with provisions regarding driver's
      license attendance requirements. Codifies federal
17    requirements for disciplinary actions against students
      with disabilities. Clarifies requirements for suspension
18    proceedings against a student who is formally charged
      with a felony. Specifies that expulsion of a student with
19    a disability must be made pursuant to law and state board
      rule. Authorizes teachers or other instructional
20    personnel to have disobedient and disrespectful students
      temporarily removed from the classroom. Revises the
21    behavior considered to be cause for teacher removal of
      students and revises provisions regarding placement of
22    students who are removed. Removes obsolete language
      relating to a study and a report. Prohibits certain
23    school personnel from being held civilly or criminally
      liable for the identification and referral of students
24    for evaluation. Requires the provision of copies of
      educational facility construction design documents to
25    specific agencies. Creates provisions relating to small
      schools. Defines the term "small school." Requires the
26    construction of only small schools after a certain date.
      Requires small schools to comply with racial balance
27    requirements. Revises the definition of "truancy
      petition." Enables a law enforcement officer to take into
28    custody a child who is suspended or expelled and who is
      not in the presence of his or her parent or legal
29    guardian. Revises requirements for filing a truancy
      petition. Provides for use of contempt powers. Revises
30    the criteria for reduction of temporary cash assistance.

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