CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Lynn offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (a) of subsection (25) of section
18 228.041, Florida Statutes, is amended to read:
19 228.041 Definitions.--Specific definitions shall be as
20 follows, and wherever such defined words or terms are used in
21 the Florida School Code, they shall be used as follows:
22 (25) SUSPENSION.--
23 (a) Suspension, also referred to as out-of-school
24 suspension, is the temporary removal of a student from all
25 classes of instruction on public school grounds and all other
26 school-sponsored activities, except as authorized by the
27 principal or the principal's designee, for a period not to
28 exceed 10 school days and remanding of the student to the
29 custody of the student's parent with specific homework
30 assignments for the student to complete.
31 Section 2. Paragraph (a) of subsection (8) of section
1
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 229.57, Florida Statutes, is amended to read:
2 229.57 Student assessment program.--
3 (8) DESIGNATION OF SCHOOL PERFORMANCE GRADE
4 CATEGORIES.--School performance grade category designations
5 itemized in subsection (7) shall be based on the following:
6 (a) Timeframes.--
7 1. School performance grade category designations
8 shall be based on one school year of performance.
9 2. In school years 1998-1999 and 1999-2000, a school's
10 performance grade category designation shall be determined by
11 the student achievement levels on the FCAT, and on other
12 appropriate performance data, including, but not limited to,
13 attendance, dropout rate, school discipline data, and student
14 readiness for college, in accordance with state board rule.
15 3. In Beginning with the 2000-2001 school year, a
16 school's performance grade category designation shall be based
17 on a combination of student achievement scores as measured by
18 the FCAT, on the degree of measured learning gains of the
19 students, and on other appropriate performance data,
20 including, but not limited to, attendance, dropout rate,
21 school discipline data, and student readiness for college.
22 4. Beginning with the 2001-2002 school year and
23 thereafter, a school's performance grade category designation
24 shall be based on student learning gains as measured by annual
25 FCAT assessments in grades 3 through 10, and on other
26 appropriate performance data, including, but not limited to,
27 attendance, dropout rate, school discipline data, cohort
28 graduation rate, and student readiness for college.
29
30 For the purpose of implementing ss. 229.0535 and 229.0537, if
31 any of the four schools that were identified as critically low
2
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 performing, based on both 1996-1997 and 1997-1998 school
2 performance data and state board adopted criteria, receives a
3 performance grade category designation of "F," based on
4 1998-1999 school performance data, that school shall be
5 considered as having failed to make adequate progress for 2
6 years in a 4-year period. All other schools that receive a
7 performance grade category designation of "F," based on
8 1998-1999 school performance data, shall be considered as
9 having failed to make adequate progress for 1 year.
10 Section 3. Section 229.8347, Florida Statutes, is
11 created to read:
12 229.8347 Partnership for School Safety and Security.--
13 (1) CREATION AND DUTIES.--There is created a
14 Partnership for School Safety and Security to perform the
15 following responsibilities:
16 (a) Evaluate school safety and security programs and
17 strategies, based on controlled scientific research; recommend
18 information to be included in the electronic clearinghouse of
19 safety and security information; and make recommendations for
20 inclusion in the clearinghouse of safety and security
21 information and to the Legislature for funding school safety
22 and security programs.
23 (b) Create an electronic clearinghouse of safety and
24 security information that includes best practices, model
25 programs, and construction prototypes that are compatible with
26 the requirements for frugal schools.
27 (c) Assess the extent to which best practices for
28 school safety and security are being followed, including, but
29 not limited to, best practices for schools with student
30 participation in planning and implementing violence prevention
31 and other student efforts that contribute to school safety;
3
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 placing and training new teachers; providing incentives for
2 teachers of demonstrated mastery to remain in or transfer to
3 low-performing schools; providing incentives for teachers
4 based on their willingness to teach at schools that serve
5 low-income areas; and providing support systems, such as
6 mentors or specialized training, for teachers who are willing
7 to teach in schools that serve large populations of students
8 from low-income families.
9 (d) Train and offer technical assistance to school
10 district staff and others on how to create a safe school
11 environment.
12 (e) Foster coordination among schools, law enforcement
13 personnel, and crisis-management teams.
14 (2) ORGANIZATION; MEMBERSHIP; MEETINGS; COMPENSATION
15 AND TRAVEL EXPENSES; BUDGET.--The partnership is an
16 independent, nonpartisan body that is assigned to the
17 Department of Education for administrative purposes. The
18 partnership shall be composed of 11 members who are appointed
19 by the Governor and confirmed by the Senate. Three members
20 must be consumers who are not, and never have been, providers
21 of school safety or security services.
22 (a) Members shall be appointed to 4-year, staggered
23 terms of office.
24 (b) The partnership shall annually elect a chairperson
25 and vice chairperson from among its members.
26 (c) The partnership shall meet at least once each year
27 and the chairperson or a quorum of the members of the
28 partnership may call additional meetings as often as necessary
29 to transact business. A majority of the membership constitutes
30 a quorum, and the vote of a majority of the quorum is
31 necessary to take official action or conduct official business
4
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 of the partnership. The position of any member who has three
2 consecutive, unexcused absences or who is absent for 50
3 percent or more of the partnership's meetings within any
4 12-month period shall be considered vacant.
5 (d) A vacancy on the partnership shall be filled in
6 the same manner as the original appointment. Any appointment
7 to fill a vacancy shall be only for the remainder of the
8 unexpired term.
9 (e) Members of the partnership shall serve without
10 compensation, but are entitled to reimbursement for per diem
11 and travel expenses incurred in the performance of their
12 duties as provided in s. 112.061, and are entitled to
13 reimbursement for other reasonable, necessary, and actual
14 expenses.
15 (3) BUDGET.--The partnership shall have a budget and
16 shall be funded to the extent provided for in the General
17 Appropriations Act.
18 (4) ANNUAL REPORT.--The partnership shall submit an
19 annual report to the Governor, the President of the Senate,
20 the Speaker of the House of Representatives, the minority
21 leaders of the Senate and House of Representatives, and the
22 Commissioner of Education. The report must contain an
23 independent analysis of best practices for school safety and
24 security in the state; a summary of programs evaluated; a
25 summary of progress made in developing, maintaining, and
26 refining the electronic clearinghouse of safety and security
27 information; and recommendations for legislative changes or
28 budget requests.
29 Section 4. Paragraphs (d) and (e) of subsection (6) of
30 section 230.23, Florida Statutes, are amended, subsection (20)
31 of said section is renumbered as subsection (22), and new
5
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 subsections (20) and (21) are added to said section, and
2 section 235.14, Florida Statutes, is redesignated as paragraph
3 (f) of subsection (6) of said section and amended, to read:
4 230.23 Powers and duties of school board.--The school
5 board, acting as a board, shall exercise all powers and
6 perform all duties listed below:
7 (6) CHILD WELFARE.--Provide for the proper accounting
8 for all children of school age, for the attendance and control
9 of pupils at school, and for proper attention to health,
10 safety, and other matters relating to the welfare of children
11 in the following fields, as prescribed in chapter 232.
12 (d) Code of student conduct.--Adopt a code of student
13 conduct for elementary schools and a code of student conduct
14 for secondary schools and distribute the appropriate code to
15 all teachers, school personnel, students, and parents or
16 guardians, at the beginning of every school year. Each code
17 shall be organized and written in language that which is
18 understandable to students and parents and shall be discussed
19 at the beginning of every school year in student classes,
20 school advisory council meetings councils, and parent and
21 teacher association meetings associations. Each code shall be
22 based on the rules governing student conduct and discipline
23 adopted by the district school board and shall be made
24 available in the student handbook or similar publication. Each
25 code shall include, but not be limited to:
26 1. Consistent policies and specific grounds for
27 disciplinary action, including in-school suspension,
28 out-of-school suspension, expulsion, and any disciplinary
29 action that may be imposed for the possession or use of
30 alcohol on school property or while attending a school
31 function or for the illegal use, sale, or possession of
6
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 controlled substances as defined in chapter 893.
2 2. Procedures to be followed for acts requiring
3 discipline, including corporal punishment.
4 3. An explanation of the responsibilities and rights
5 of students with regard to attendance, respect for persons and
6 property, knowledge and observation of rules of conduct, the
7 right to learn, free speech and student publications,
8 assembly, privacy, and participation in school programs and
9 activities.
10 4. Notice that illegal use, possession, or sale of
11 controlled substances, as defined in chapter 893, or
12 possession of electronic telephone pagers, by any student
13 while such student is upon school property or in attendance at
14 a school function is grounds for disciplinary action by the
15 school and may also result in criminal penalties being
16 imposed.
17 5. Notice that the possession of a firearm, a knife,
18 or a weapon, or an item which can be used as a weapon by any
19 student while the student is on school property or in
20 attendance at a school function is grounds for disciplinary
21 action and may also result in criminal prosecution.
22 6. Notice that violence against any school district
23 personnel by a student is grounds for in-school suspension,
24 out-of-school suspension, expulsion, or imposition of other
25 disciplinary action by the school and may also result in
26 criminal penalties being imposed.
27 7. Notice that violation of district school board
28 transportation policies, including disruptive behavior on a
29 school bus or at a school bus stop, by a student is grounds
30 for suspension of the student's privilege of riding on a
31 school bus and may be grounds for disciplinary action by the
7
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 school and may also result in criminal penalties being
2 imposed.
3 8. Notice that violation of the district school
4 board's sexual harassment policy by a student is grounds for
5 in-school suspension, out-of-school suspension, expulsion, or
6 imposition of other disciplinary action by the school and may
7 also result in criminal penalties being imposed.
8 9. Policies to be followed for the assignment of
9 violent or disruptive students to an alternative educational
10 program.
11 10. Notice that any student who is determined to have
12 brought a firearm or weapon, as defined in chapter 790 18
13 U.S.C. s. 921, to school, to any school function, or onto on
14 any school-sponsored transportation will be expelled, with or
15 without continuing educational services, from the student's
16 regular school for a period of not less than 1 full year and
17 referred for criminal prosecution. District school boards may
18 assign the student to a disciplinary program or second chance
19 school for the purpose of continuing educational services
20 during the period of expulsion. Superintendents may consider
21 the 1-year expulsion requirement on a case-by-case basis and
22 request the district school board to modify the requirement by
23 assigning the student to a disciplinary program or second
24 chance school if it is determined to be in the best interest
25 of the student and the school system.
26 11. Notice that any student who is determined to have
27 made a threat or false report, as defined by ss. 790.162 and
28 790.163, respectively, involving school or school personnel's
29 property, school transportation, or a school-sponsored
30 activity will be expelled, with or without continuing
31 educational services, from the student's regular school for a
8
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 period of not less than 1 full year and referred for criminal
2 prosecution. District school boards may assign the student to
3 a disciplinary program or second chance school for the purpose
4 of continuing educational services during the period of
5 expulsion. Superintendents of schools may consider the 1-year
6 expulsion requirement on a case-by-case basis and request the
7 district school board to modify the requirement by assigning
8 the student to a disciplinary program or second chance school
9 if it is determined to be in the best interest of the student
10 and the school system.
11 (e) Student crime watch program.--By resolution of the
12 district school board, implement a student crime watch program
13 to promote responsibility among students and to assist in the
14 control of criminal behavior within the schools.
15 (f) 235.14 Emergency drills; emergency procedures.--
16 1. The district school board shall formulate and
17 prescribe policies and procedures for emergency drills and for
18 actual emergencies, including, but not limited to, fires,
19 natural disasters, and bomb threats, for all the public
20 schools of the district state which comprise grades K-12.
21 District policies shall include commonly used alarm system
22 responses for specific types of emergencies and verification
23 by each school that drills have been provided as required by
24 law and fire protection codes.
25 2. The district school board shall establish model
26 emergency management and emergency preparedness procedures for
27 the following life-threatening emergencies:
28 a. Weapon-use and hostage situations.
29 b. Hazardous materials or toxic chemical spills.
30 c. Weather emergencies, including hurricanes,
31 tornadoes, and severe storms.
9
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 d. Exposure as a result of a manmade emergency.
2 (20) SCHOOL-WITHIN-A-SCHOOL.--In order to reduce the
3 anonymity of students in large schools, the district school
4 board shall adopt policies effective for the 2002-2003 school
5 year, and thereafter, to encourage any school that does not
6 meet the definition of a small school, as established by s.
7 235.2157(2), to subdivide into schools-within-a-school, which
8 shall operate within existing resources. A
9 "school-within-a-school" means an operational program that
10 uses flexible scheduling, team planning, and curricular and
11 instructional innovation to organize groups of students with
12 groups of teachers as smaller units, so as to functionally
13 operate as a smaller school. Examples of this include, but are
14 not limited to:
15 (a) An organizational arrangement assigning both
16 students and teachers to smaller units in which the students
17 take some or all of their coursework with their fellow grouped
18 students and from the teachers assigned to the smaller unit. A
19 unit may be grouped together for 1 year or on a vertical,
20 multiyear basis.
21 (b) An organizational arrangement similar to that
22 described in paragraph (a) with additional variations in
23 instruction and curriculum. The smaller unit usually seeks to
24 maintain a program different from that of the larger school,
25 or of other smaller units. It may be vertically organized, but
26 is dependent upon the school principal for its existence,
27 budget, and staff.
28 (c) A separate and autonomous smaller unit formally
29 authorized by the district school board or superintendent of
30 schools. The smaller unit plans and runs its own program, has
31 its own staff and students, and receives its own separate
10
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 budget. The smaller unit must negotiate the use of common
2 space with the larger school and defer to the building
3 principal on matters of safety and building operation.
4 (21) TEACHER SUPPORT.--District school boards shall
5 address the availability of qualified and experienced support
6 services professionals who are trained in substance abuse or
7 mental health to support teachers who identify students with
8 potential problems. The district school board may address the
9 availability of these qualified and experienced support
10 services professionals through the use of in-school or local
11 private providers.
12 Section 5. Subsection (1) of section 230.23025,
13 Florida Statutes, is amended to read:
14 230.23025 Best financial management practices;
15 standards; reviews; designation of districts.--
16 (1) The Office of Program Policy Analysis and
17 Government Accountability (OPPAGA) and the Office of the
18 Auditor General are directed to develop a system for reviewing
19 the financial management practices of school districts. In
20 this system, OPPAGA and the Auditor General shall jointly
21 examine district operations to determine whether they meet
22 "best financial management practices." The best financial
23 management practices adopted by the Commissioner of Education
24 may be updated periodically after consultation with the
25 Legislature, the Governor, the SMART Schools Clearinghouse,
26 OPPAGA, and the Auditor General. The best financial management
27 practices, at a minimum, must instill public confidence by
28 addressing the following areas:
29 (a) Efficient use of resources, use of lottery
30 proceeds, student transportation and food service operations,
31 management structures, and personnel systems and benefits.;
11
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 (b) Compliance with generally accepted accounting
2 principles and state and federal laws relating to financial
3 management.;
4 (c) Performance accountability systems, including
5 performance measurement reports to the public, internal
6 auditing, financial auditing, and information made available
7 to support decisionmaking.;
8 (d) Cost control systems, including asset, risk, and
9 financial management, purchasing, and information system
10 controls.
11 (e) Safety and security practices at the district and
12 school levels.
13 Section 6. Section 230.23145, Florida Statutes, is
14 created to read:
15 230.23145 Student support services pilot program.--
16 (1) From the funds provided in the 2000-2001 General
17 Appropriations Act, there is established a pilot program for
18 Sarasota, Lake, and Miami-Dade school districts to assess the
19 use of and assist student support services personnel in public
20 schools.
21 (2) Each participating school district must provide:
22 (a) Information relating to the current use of student
23 support services personnel within the district. The
24 department's reporting form must require a breakdown of the
25 percentage of time spent on activities including, but not
26 limited to: clerical work not related to counseling, school
27 social work services, psychological services, or evaluation,
28 clerical work related to counseling, school social work
29 services, psychological services, or evaluation, direct
30 student services, and student evaluation.
31 (b) A plan outlining the proposed use of part-time or
12
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 nondegreed personnel to provide clerical assistance, so that
2 the major focus of the student support services personnel will
3 be services through direct student contact, other appropriate
4 contact, or student evaluation.
5 (3) Each participating school district shall report to
6 the Department of Education on improved student performance,
7 reduced school discipline problems, increased direct time with
8 students or other significant outcome measures by August 1,
9 2001.
10 Section 7. Subsection (2) of section 230.235, Florida
11 Statutes, is redesignated as subsection (3), and a new
12 subsection (2) is added to said section, to read:
13 230.235 Policy of zero tolerance for crime.--
14 (2) The policy shall require students found to have
15 committed one of the following offenses to be expelled, with
16 or without continuing educational services, from the student's
17 regular school for a period of not less than 1 full year, and
18 to be referred for criminal prosecution:
19 (a) Bringing a firearm or weapon, as defined in
20 chapter 790, to school, to any school function, or onto any
21 school-sponsored transportation.
22 (b) Making a threat or false report, as defined by ss.
23 790.162 and 790.163, respectively, involving school or school
24 personnel's property, school transportation, or a
25 school-sponsored activity.
26
27 District school boards may assign the student to a
28 disciplinary program or second chance school for the purpose
29 of continuing educational services during the period of
30 expulsion. Superintendents may consider the 1-year expulsion
31 requirement on a case-by-case basis and request the district
13
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 school board to modify the requirement by assigning the
2 student to a disciplinary program or second chance school if
3 it is determined to be in the best interest of the student and
4 the school system. If a student committing any of the offenses
5 in this subsection is a student with a disability, the school
6 district shall comply with procedures pursuant to s. 232.251
7 and any applicable state board rule.
8 Section 8. Section 231.0851, Florida Statutes, is
9 created to read:
10 231.0851 Reports of school safety and
11 discipline.--Each principal must ensure that standardized
12 forms prescribed by rule of the State Board of Education are
13 used to report data concerning school safety and discipline to
14 the Department of Education. The principal must develop a plan
15 to verify the accuracy of reported incidents.
16 Section 9. The State Board of Education shall adopt by
17 rule a standardized form to be used by each school to report
18 data concerning school safety and discipline.
19 Section 10. By October 1, 2000, the Department of
20 Education shall establish a mechanism to improve the
21 reliability and accuracy of reports concerning school safety,
22 including a means for improving the reliability and accuracy
23 of the School Environmental Safety Incident Reporting System.
24 Section 11. By December 1, 2000, the Department of
25 Education shall develop an individualized school safety and
26 environment assessment instrument that each school may use to
27 assess its needs with repect to the state education goal for
28 safety specified in section 229.591(3)(e), Florida Statutes.
29 In addition, by December 1, 2000, the Department of Education
30 shall expand the current performance standards for the state
31 education goal for safety to comprehensively address district
14
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 and school safety and security.
2 Section 12. Subsection (1) of section 232.17, Florida
3 Statutes, is amended to read:
4 232.17 Enforcement of school attendance.--The
5 Legislature finds that poor academic performance is associated
6 with nonattendance and that schools must take an active role
7 in enforcing attendance as a means of improving the
8 performance of many students. It is the policy of the state
9 that the superintendent of each school district be responsible
10 for enforcing school attendance of all children and youth
11 subject to the compulsory school age in the school district.
12 The responsibility includes recommending to the school board
13 policies and procedures to ensure that schools respond in a
14 timely manner to every unexcused absence, or absence for which
15 the reason is unknown, of students enrolled in the schools.
16 School board policies must require each parent or guardian of
17 a student to justify each absence of the student, and that
18 justification will be evaluated based on adopted school board
19 policies that define excused and unexcused absences. The
20 policies must provide that schools track excused and unexcused
21 absences and contact the home in the case of an unexcused
22 absence from school, or an absence from school for which the
23 reason is unknown, to prevent the development of patterns of
24 nonattendance. The Legislature finds that early intervention
25 in school attendance matters is the most effective way of
26 producing good attendance habits that will lead to improved
27 student learning and achievement. Each public school shall
28 implement the following steps to enforce regular school
29 attendance:
30 (1) CONTACT, REFER, AND ENFORCE.--
31 (a) Upon each unexcused absence, or absence for which
15
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 the reason is unknown, the school principal or his or her
2 designee shall contact the student's parent or guardian to
3 determine the reason for the absence. If the absence is an
4 excused absence, as defined by school board policy, the school
5 shall provide opportunities for the student to make up
6 assigned work and not receive an academic penalty unless the
7 work is not made up within a reasonable time.
8 (b) If a student has had at least five unexcused
9 absences, or absences for which the reasons are unknown,
10 within a calendar month or 10 unexcused absences, or absences
11 for which the reasons are unknown, within a 90-calendar-day
12 period, the student's primary teacher shall report to the
13 school principal or his or her designee that the student may
14 be exhibiting a pattern of nonattendance. The principal shall,
15 unless there is clear evidence that the absences are not a
16 pattern of nonattendance, refer the case to the school's child
17 study team to determine if early patterns of truancy are
18 developing.
19
20 If the child study team finds that a pattern of nonattendance
21 is developing, whether the absences are excused or not, a
22 meeting with the parent must be scheduled to identify
23 potential remedies, and the principal shall notify the
24 superintendent of schools and the school district contact for
25 home education programs that the referred student is
26 exhibiting a pattern of nonattendance.
27 (c) If an initial meeting does not resolve the
28 problem, the child study team shall implement interventions
29 that best address the problem. The interventions may include,
30 but need not be limited to:
31 1. Frequent communication between the teacher and the
16
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 family;
2 2. Changes in the learning environment;
3 3. Mentoring;
4 4. Student counseling;
5 5. Tutoring, including peer tutoring;
6 6. Placement into different classes;
7 7. Evaluation for alternative education programs;
8 8. Attendance contracts;
9 9. Referral to other agencies for family services; or
10 10. Other interventions, including, but not limited
11 to, a truancy petition pursuant to s. 984.151.
12 (d) The child study team shall be diligent in
13 facilitating intervention services and shall report the case
14 to the superintendent only when all reasonable efforts to
15 resolve the nonattendance behavior are exhausted.
16 (e) If the parent, guardian, or other person in charge
17 of the child refuses to participate in the remedial strategies
18 because he or she believes that those strategies are
19 unnecessary or inappropriate, the parent, guardian, or other
20 person in charge of the child may appeal to the school board.
21 The school board may provide a hearing officer, and the
22 hearing officer shall make a recommendation for final action
23 to the board. If the board's final determination is that the
24 strategies of the child study team are appropriate, and the
25 parent, guardian, or other person in charge of the child still
26 refuses to participate or cooperate, the superintendent may
27 seek criminal prosecution for noncompliance with compulsory
28 school attendance.
29 (f)1. If the parent or guardian of a child who has
30 been identified as exhibiting a pattern of nonattendance
31 enrolls the child in a home education program pursuant to s.
17
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 232.0201, the superintendent of schools shall provide the
2 parent a copy of s. 232.0201 and the accountability
3 requirements of this paragraph. The superintendent of schools
4 shall also refer the parent to a home education review
5 committee composed of the district contact for home education
6 programs and at least two home educators selected by the
7 parent from a district list of all home educators who have
8 conducted a home education program for at least 3 years and
9 who have indicated a willingness to serve on the committee.
10 The home education review committee shall review the portfolio
11 of the student, as defined by s. 232.0201, every 30 days
12 during the district's regular school terms until the committee
13 is satisfied that the home education program is in compliance
14 with s. 232.0201(1)(b). The first portfolio review must occur
15 within the first 30 calendar days of the establishment of the
16 program. The provisions of subparagraph 2. do not apply once
17 the committee determines the home education program is in
18 compliance with s. 232.0201(1)(b).
19 2. If the parent fails to provide a portfolio to the
20 committee, the committee shall notify the superintendent of
21 schools. The superintendent of schools shall then terminate
22 the home education program and require the parent to enroll
23 the child in an attendance option provided under s. 232.02(1),
24 (2), (3), or (5), within 3 days. Upon termination of a home
25 education program pursuant to this subparagraph, the parent or
26 guardian shall not be eligible to reenroll the child in a home
27 education program for 180 calendar days. Failure of a parent
28 or guardian to enroll the child in an attendance option
29 provided under s. 232.02(1), (2), (3), or (5) after
30 termination of the home education program pursuant to this
31 subparagraph shall constitute noncompliance with the
18
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 compulsory attendance requirements of s. 232.01 and may result
2 in criminal prosecution under s. 232.19(2). Nothing contained
3 herein shall restrict the ability of the superintendent of
4 schools, or the ability of his or her designee, to review the
5 portfolio pursuant to s. 232.0201(1)(b).
6 (g)(f) If a child subject to compulsory school
7 attendance will not comply with attempts to enforce school
8 attendance, the parent, the guardian, or the superintendent or
9 his or her designee shall refer the case to the case staffing
10 committee pursuant to s. 984.12, and the superintendent or his
11 or her designee may file a truancy petition pursuant to the
12 procedures in s. 984.151.
13 Section 13. Section 232.24521, Florida Statutes, is
14 amended to read:
15 232.24521 Report cards; end-of-the-year status.--
16 (1) Each school district shall establish and publish
17 policies requiring the content and regular issuance of student
18 report cards for all elementary school, middle school, and
19 high school students. These report cards must clearly depict
20 and grade:
21 (a) The student's academic performance in each class
22 or course, which in grades 1 through 12 must be based upon
23 examinations as well as written papers, class participation,
24 and other academic performance criteria.
25 (b) The student's conduct and behavior.
26 (c) The student's attendance, including absences and
27 tardiness.
28 (2) A student's final report card for a school year
29 shall contain a statement indicating end-of-the-year status
30 regarding performance or nonperformance at grade level,
31 acceptable or unacceptable behavior and attendance, and
19
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 promotion or nonpromotion.
2
3 School districts shall not allow schools to exempt students
4 from academic performance requirements based on practices or
5 policies designed to encourage student attendance. A student's
6 attendance record may not be used in whole or in part to
7 provide an exemption from any academic performance
8 requirement.
9 Section 14. Subsection (3) of section 232.25, Florida
10 Statutes, is amended to read:
11 232.25 Pupils subject to control of school.--
12 (3) Nothing shall prohibit a district school board
13 from having the right to expel, or to take disciplinary action
14 against, a student who is found to have committed an offense
15 on school property at any time if:
16 (a) The student is found to have committed a
17 delinquent act which would be a felony if committed by an
18 adult;
19 (b) The student has had adjudication withheld for a
20 delinquent act which, if committed by an adult, would be a
21 felony; or
22 (c) The student has been found guilty of a felony.
23
24 However, if the student is a student with a disability, the
25 disciplinary action must comply with the procedures set forth
26 in state board rule.
27 Section 15. Subsection (4) of section 232.26, Florida
28 Statutes, is amended to read:
29 232.26 Authority of principal.--
30 (4) Any recommendation for the suspension or expulsion
31 of a handicapped student with a disability shall be made in
20
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 accordance with the rules adopted promulgated by the State
2 Board of Education.
3 Section 16. Paragraph (c) of subsection (1) of section
4 232.27, Florida Statutes, is amended, paragraphs (d) through
5 (j) of said subsection are redesignated as paragraphs (e)
6 through (k), respectively, and a new paragraph (d) is added to
7 said subsection, to read:
8 232.27 Authority of teacher; responsibility for
9 control of students; school district duties.--Subject to law
10 and to the rules of the district school board, each teacher or
11 other member of the staff of any school shall have such
12 authority for the control and discipline of students as may be
13 assigned to him or her by the principal or the principal's
14 designated representative and shall keep good order in the
15 classroom and in other places in which he or she is assigned
16 to be in charge of students.
17 (1) Within the framework of the school district code
18 of student conduct, teachers and other instructional personnel
19 shall have the authority to undertake any of the following
20 actions in managing student behavior and ensuring the safety
21 of all students in their classes and school:
22 (c) Have disobedient, disrespectful, violent, abusive,
23 uncontrollable, or disruptive students temporarily removed
24 from the classroom for behavior management intervention.
25 (d) Have violent, abusive, uncontrollable, or
26 disruptive students directed for information or assistance
27 from appropriate school or district personnel.
28 Section 17. Subsections (2) and (5) of section
29 232.271, Florida Statutes, are amended to read:
30 232.271 Removal by teacher.--
31 (2) A teacher may remove from class a student:
21
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 (a) Who has been documented by the teacher to
2 repeatedly interfere with the teacher's ability to communicate
3 effectively with the students in the class or with the ability
4 of the student's classmates to learn; or
5 (b) whose behavior the teacher determines is so
6 unruly, disruptive, or abusive that it seriously interferes
7 with the teacher's ability to communicate effectively with the
8 students in the class or with the ability of the student's
9 classmates to learn.
10 (5) The department shall conduct a study on the number
11 of students who are expelled from classrooms, placement
12 alternatives for students who are expelled, and the number of
13 decisions by teachers that are overridden by the placement
14 review committee. A preliminary report to the Legislature
15 shall be submitted no later than March 1, 1997. A final
16 report shall be submitted to the Legislature by September 1,
17 1997.
18 Section 18. Section 232.275, Florida Statutes, is
19 amended to read:
20 232.275 Liability of teacher or principal.--Except in
21 the case of excessive force or cruel and unusual punishment, a
22 teacher or other member of the instructional staff, a
23 principal or the principal's designated representative, or a
24 bus driver shall not be civilly or criminally liable for any
25 action carried out in conformity with the state board and
26 district school board rules regarding the control, discipline,
27 suspension, and expulsion of students, including, but not
28 limited to, any exercise of authority under s. 232.26, s.
29 232.27, or s. 232.271.
30 Section 19. Section 234.0215, Florida Statutes, is
31 created to read:
22
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 234.0215 School Safety Transportation Plan.--Each
2 school district and the state or local governmental entity
3 having jurisdiction shall develop a school safety
4 transportation plan. Each school district shall include
5 charter schools in its school safety transportation plan. The
6 plan shall be submitted to the Department of Education by
7 December 31, 2000.
8 (1) Each school district and the state or local
9 governmental entity having jurisdiction shall jointly develop
10 a priority list of hazardous-walking-conditions projects that
11 have been identified and have not yet been corrected. Each
12 school district shall use this part of the plan to monitor
13 school transportation safety. The plan must include the
14 following for the hazardous walking conditions determined
15 under the provisions of section 234.021, Florida Statutes:
16 (a) The number of hazardous walking conditions which
17 have been identified and have not been corrected by the state
18 or local governmental entity having jurisdiction within 5
19 years after identification of the hazard and a fiscal impact
20 of the cost to correct each hazard; and
21 (b) For each hazardous walking condition that has been
22 identified and has not been corrected, a statement of the
23 reason given for the deficiency by the state or local
24 governmental entity having jurisdiction.
25 (2) The plan must also include recommendations and
26 fiscal estimates for:
27 (a) Any changes to current law for expanding the
28 definition of a student in section 234.021(1), Florida
29 Statutes, to include students in grades kindergarten through
30 12.
31 (b) Any changes to current law for identifying
23
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 hazardous walking conditions for walkways parallel to the
2 road, including, but not limited to:
3 1. Increasing the size of the walk area adjacent to
4 the road from 4 feet or making changes to the walk area
5 surface;
6 2. Increasing the size of the current set-off
7 requirement for uncurbed walkways to at least 6 feet or
8 decreasing the qualifying posted speed limit of 55 miles per
9 hour; or
10 3. Amending the current exceptions to the criteria for
11 determining hazardous walking conditions for certain
12 residential areas and roads that have a certain volume of
13 traffic and a posted speed limit of 30 miles per hour or less.
14 (c) Any changes to current law for identifying
15 hazardous walking conditions for walkways perpendicular to the
16 road, including, but not limited to:
17 1. Limitations in the volume of traffic for the road
18 or the direction of traffic; and
19 2. The definition of an uncontrolled crossing site.
20 3. The identification of any hazards associated with
21 multi-lane crossings.
22 (d) Any other recommendations, including, but not
23 limited to, the consideration of additional criteria for
24 determining hazardous walking conditions, such as crime,
25 construction, adjacent bodies of water, or other risks,
26 procedures for identifying hazardous walking conditions,
27 procedures for locating bus stops, required level of auditing
28 claims for funding, and identification of responsibilities of
29 parents or guardians for the safety of their children when
30 transportation is not required and is not provided by the
31 school district or charter school.
24
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 (3) The plan must also identify, by district, the
2 number of schools that:
3 (a) Separate the school bus loading and departure
4 locations from the loading and departure locations for
5 parents, guardians, or others who provide transportation to
6 children.
7 (b) Provide transportation to students for whom
8 transportation is not currently required under state law,
9 including data on the numbers of students and their grade
10 levels.
11
12 The identification of schools under this subsection may be
13 used as a basis for providing incentive funds to specific
14 school districts in the 2000-2001 legislative session.
15 Section 20. Section 235.192, Florida Statutes, is
16 created to read:
17 235.192 Coordination of school safety information;
18 construction design documents.--
19 (1) Beginning October 1, 2000, each district
20 superintendent of schools must provide to the law enforcement
21 agency and fire department that has jurisdiction over each
22 educational facility a copy of the floorplans and other
23 relevant documents for each educational facility in the
24 district, as defined in s. 235.011(6). After the initial
25 submission of the floorplans and other relevant documents, the
26 district superintendent of schools shall submit, by October 1
27 of each year, revised floorplans and other relevant documents
28 for each educational facility in the district that was
29 modified during the preceding year.
30 (2) Beginning October 1, 2000, each community college
31 president must provide to the law enforcement agency and fire
25
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 department that has jurisdiction over the community college a
2 copy of the floorplans and other relevant documents for each
3 educational facility as defined in s. 235.011(6). After the
4 initial submission of the floorplans and other relevant
5 documents, the community college president shall submit, by
6 October 1 of each year, revised floorplans and other relevant
7 documents for each educational facility that was modified
8 during the preceding year.
9 Section 21. Section 235.2157, Florida Statutes, is
10 created to read:
11 235.2157 Small school requirement.--
12 (1) LEGISLATIVE FINDINGS.--The Legislature finds that:
13 (a) Florida's schools are among the largest in the
14 nation.
15 (b) Smaller schools provide benefits of reduced
16 discipline problems and crime, reduced truancy and gang
17 participation, reduced dropout rates, improved teacher and
18 student attitudes, improved student self-perception, student
19 academic achievement equal to or superior to that of students
20 at larger schools, and increased parental involvement.
21 (c) Smaller schools can provide these benefits while
22 not increasing administrative and construction costs.
23 (2) DEFINITION.--As used in this section, "small
24 school" means:
25 (a) An elementary school with a student population of
26 not more than 500 students.
27 (b) A middle school with a student population of not
28 more than 700 students.
29 (c) A high school with a student population of not
30 more than 900 students.
31 (d) A school serving kindergarten through grade 8 with
26
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 a student population of not more than 700 students.
2 (e) A school serving kindergarten through grade 12
3 with a student population of not more than 900 students.
4
5 A school on a single campus which operates as a
6 school-within-a-school, as defined by s. 230.23(20), shall be
7 considered a small school if each smaller unit located on the
8 single campus meets the requirements of this subsection.
9 (3) REQUIREMENTS.--
10 (a) Beginning July 1, 2003, all plans for new
11 educational facilities to be constructed within a school
12 district and reflected in the 5-year school district
13 facilities work plan shall be plans for small schools in order
14 to promote increased learning and more effective use of school
15 facilities.
16 (b) Small schools shall comply with all laws, rules,
17 and court orders relating to racial balance.
18 (4) EXCEPTIONS.--This section does not apply to plans
19 for new educational facilities already under architectural
20 contract on July 1, 2003.
21 Section 22. Subsections (29) and (57) of section
22 984.03, Florida Statutes, are amended to read:
23 984.03 Definitions.--When used in this chapter, the
24 term:
25 (29) "Habitually truant" means that:
26 (a) The child has 15 unexcused absences within 90
27 calendar days with or without the knowledge or justifiable
28 consent of the child's parent or legal guardian, is subject to
29 compulsory school attendance under s. 232.01, and is not
30 exempt under s. 232.06, s. 232.09, or any other exemptions
31 specified by law or the rules of the State Board of Education.
27
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 (b) Activities to determine the cause, and to attempt
2 the remediation, of the child's truant behavior under ss.
3 232.17 and 232.19(3), have been completed.
4
5 If a child who is subject to compulsory school attendance is
6 responsive to the interventions described in ss. 232.17 and
7 232.19(3) and has completed the necessary requirements to pass
8 the current grade as indicated in the district pupil
9 progression plan, the child shall not be determined to be
10 habitually truant and shall be passed. If a child within the
11 compulsory school attendance age has 15 unexcused absences
12 within 90 calendar days or fails to enroll in school, the
13 State Attorney may, or the appropriate jurisdictional agency
14 shall, file a child-in-need-of-services petition if
15 recommended by the case staffing committee, unless it is
16 determined that another alternative action is preferable.
17 (c) A school representative, designated according to
18 school board policy, and a juvenile probation officer of the
19 Department of Juvenile Justice have jointly investigated the
20 truancy problem or, if that was not feasible, have performed
21 separate investigations to identify conditions that may be
22 contributing to the truant behavior; and if, after a joint
23 staffing of the case to determine the necessity for services,
24 such services were determined to be needed, the persons who
25 performed the investigations met jointly with the family and
26 child to discuss any referral to appropriate community
27 agencies for economic services, family or individual
28 counseling, or other services required to remedy the
29 conditions that are contributing to the truant behavior.
30 (d) The failure or refusal of the parent or legal
31 guardian or the child to participate, or make a good faith
28
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 effort to participate, in the activities prescribed to remedy
2 the truant behavior, or the failure or refusal of the child to
3 return to school after participation in activities required by
4 this subsection, or the failure of the child to stop the
5 truant behavior after the school administration and the
6 Department of Juvenile Justice have worked with the child as
7 described in ss. 232.17 and s. 232.19(3) and (4) shall be
8 handled as prescribed in s. 232.19.
9 (57) "Truancy petition" means a petition filed by the
10 school superintendent of schools alleging that a student
11 subject to compulsory school attendance has had at least five
12 unexcused absences, or absences for which the reasons are
13 unknown, within a calendar month or 10 unexcused absences, or
14 absences for which the reasons are unknown, within a
15 90-calendar-day period, or has had more than 15 unexcused
16 absences in a 90-calendar-day period. A truancy petition is
17 filed and processed under s. 984.151.
18 Section 23. Paragraph (b) of subsection (1) of section
19 984.13, Florida Statutes, is amended to read:
20 984.13 Taking into custody a child alleged to be from
21 a family in need of services or to be a child in need of
22 services.--
23 (1) A child may be taken into custody:
24 (b) By a law enforcement officer when the officer has
25 reasonable grounds to believe that the child is absent from
26 school without authorization or is suspended or expelled and
27 is not in the presence of his or her parent or legal guardian,
28 for the purpose of delivering the child without unreasonable
29 delay to the appropriate school system site. For the purpose
30 of this paragraph, "school system site" includes, but is not
31 limited to, a center approved by the superintendent of schools
29
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 for the purpose of counseling students and referring them back
2 to the school system or an approved alternative to a
3 suspension or expulsion program. If a student is suspended or
4 expelled from school without assignment to an alternative
5 school placement, the law enforcement officer shall deliver
6 the child to the parent or legal guardian, to a location
7 determined by the parent or guardian, or to a designated
8 truancy interdiction site until the parent or guardian can be
9 located.
10 Section 24. Subsections (1) and (3) of section
11 984.151, Florida Statutes, are amended, and a new subsection
12 (9) is added to said section, to read:
13 984.151 Truancy petition; prosecution; disposition.--
14 (1) If the school determines that a student subject to
15 compulsory school attendance has had at least five unexcused
16 absences, or absences for which the reasons are unknown,
17 within a calendar month or 10 unexcused absences, or absences
18 for which the reasons are unknown, within a 90-calendar-day
19 period pursuant to s. 232.17(1)(b), or has had more than 15
20 unexcused absences in a 90-calendar-day period, the
21 superintendent of schools may file a truancy petition.
22 (3) Original jurisdiction to hear a truancy petition
23 shall be in the circuit court; however, the circuit court may
24 use a general or special master pursuant to Supreme Court
25 rules. Upon the filing of the petition, the clerk shall issue
26 a summons to the parent, guardian, or legal custodian of the
27 student, directing that person and the student to appear for a
28 hearing at a time and place specified.
29 (9) The parent, guardian, or legal custodian and the
30 student shall participate, as required by court order, in any
31 sanctions or services required by the court under this
30
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 section, and the court shall enforce such participation
2 through its contempt power.
3 Section 25. Section 414.125, Florida Statutes, is
4 amended to read:
5 414.125 Learnfare program.--
6 (1) The department shall reduce the temporary cash
7 assistance for a participant's eligible dependent child or for
8 an eligible teenage participant who has not been exempted from
9 education participation requirements and who has been
10 identified as a habitual truant, pursuant to s. 228.041(28)
11 during a grading period in which the child or teenage
12 participant has accumulated a number of unexcused absences
13 from school that is sufficient to jeopardize the student's
14 academic progress, in accordance with rules adopted by the
15 department with input from the Department of Education. The
16 temporary cash assistance must be reinstituted after a
17 subsequent grading period in which the child has substantially
18 improved the child's attendance. Good cause exemptions from
19 the rule of unexcused absences include the following:
20 (a) The student is expelled from school and
21 alternative schooling is not available.
22 (b) No licensed day care is available for a child of
23 teen parents subject to Learnfare.
24 (c) Prohibitive transportation problems exist (e.g.,
25 to and from day care).
26 (d) The teen is over 16 years of age and not expected
27 to graduate from high school by age 20.
28
29 Within 10 days after sanction notification, the participant
30 parent of a dependent child or the teenage participant may
31 file an internal fair hearings process review procedure
31
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 appeal, and no sanction shall be imposed until the appeal is
2 resolved.
3 (2) Each participant with a school-age child is
4 required to have a conference with an appropriate school
5 official of the child's school during each semester grading
6 period to assure that the participant is involved in the
7 child's educational progress and is aware of any existing
8 attendance or academic problems. The conference must address
9 acceptable student attendance, grades, and behavior and must
10 be documented by the school and reported to the department.
11 The department shall notify a school of any student in
12 attendance at that school who is a participant in the
13 Learnfare program in order that the required conferences are
14 held. A participant who without good cause fails to attend a
15 conference with a school official is subject to the sanction
16 provided in subsection (1).
17 Section 26. This act shall take effect July 1, 2000.
18
19
20 ================ T I T L E A M E N D M E N T ===============
21 And the title is amended as follows:
22 Remove from the title of the bill: the entire title
23
24 and insert in lieu thereof:
25 A bill to be entitled
26 An act relating to school safety and student
27 discipline; amending s. 228.041, F.S.; revising
28 the definition of suspension; amending s.
29 229.57, F.S.; revising data used to determine a
30 school's performance grade category; creating
31 s. 229.8347, Florida Statutes; relating to a
32
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 Partnership for School Safety and Security;
2 creaing an electronic clearinghouse; providing
3 for membership; providing for a report;
4 amending s. 230.23, F.S.; revising information
5 required to be included in the student code of
6 conduct; combining and clarifying provisions
7 relating to student possession of a weapon;
8 requiring the district code of student conduct
9 to include certain notice relating to expulsion
10 for making a threat or false report; defining
11 the term "school-within-a-school"; requiring
12 district school boards to address the
13 availability of specified student support
14 services professionals; amending and
15 redesignating s. 235.14, F.S.; specifying types
16 of drills and emergencies for which district
17 school boards are required to develop
18 procedures; requiring district school boards to
19 establish model emergency management and
20 emergency preparedness procedures; amending s.
21 230.23015, F.S., relating to disciplinary
22 action for violation of s. 784.081; providing a
23 cross reference; amending s. 230.23025, F.S.;
24 requiring best financial management practices
25 to address school safety and security; creating
26 s. 230.23145, F.S.; establishing a pilot
27 program to provide clerical assistance to
28 guidance counselors; providing eligibility
29 requirements for district participation;
30 providing for the selection of districts to
31 participate; amending s. 230.235, F.S.;
33
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 specifying offenses for which a student will be
2 expelled for 1 year, and referred for criminal
3 prosecution, under district school board zero
4 tolerance for crime policies; authorizing
5 assignment to certain alternative programs;
6 providing a cross reference relating to
7 students with disabilities; creating s.
8 231.0851, Florida Statutes, relating to reports
9 of school safety and discipline; requiring
10 principals to use standardized forms and
11 develop a plan; requiring the state board to
12 adopt a form by rule; requiring the department
13 to establish a safety mechanism; requiring the
14 department to establish a safety instrument;
15 amending s. 232.17, F.S.; requiring principals
16 to notify certain persons that specified
17 students are exhibiting a pattern of
18 nonattendance; clarifying authorization for
19 intervention through a truancy petition;
20 providing for procedures of portfolio review by
21 a home education review committee of a parent
22 whose child has been identified as exhibiting a
23 pattern of nonattendance who enrolls in a home
24 education program; providing penalties for
25 noncompliance; amending 232.24521, Florida
26 Statutes; prohibiting attendance from being
27 used to provide an exemption from any academic
28 requirement; amending s. 232.25, F.S., relating
29 to control of pupils; amending s. 232.26, F.S.;
30 specifying that expulsion of a student with a
31 disability must be made pursuant to state board
34
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HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 rule; amending s. 232.27, F.S.; authorizing
2 teachers or other instructional personnel to
3 have disobedient and disrespectful students
4 temporarily removed from the classroom and to
5 have certain students directed for information
6 or assistance from appropriate personnel;
7 amending s. 232.271, F.S.; revising the
8 behavior considered to be cause for teacher
9 removal of students; removing obsolete language
10 relating to a study and a report; amending s.
11 232.275, F.S.; prohibiting certain school
12 personnel from being held civilly or criminally
13 liable for the exercise of authority provided
14 by certain provisions of law; creating s.
15 234.0215, Florida Statutes; requiring a school
16 safety transportation plan; creating s.
17 235.192, F.S., relating to the coordination of
18 school safety information; requiring the
19 provision of copies of educational facility
20 floorplans and other relevant documents to
21 specific agencies; creating s. 235.2157, F.S.;
22 providing legislative findings; defining the
23 term "small school"; requiring the construction
24 of only small schools after a certain date;
25 requiring small schools to comply with racial
26 balance requirements; providing an exception;
27 amending s. 984.03, F.S.; revising the
28 definition of "truancy petition"; amending s.
29 984.13, F.S.; enabling a law enforcement
30 officer to take into custody a child who is
31 suspended or expelled and who is not in the
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File original & 9 copies 05/01/00
hek0003 12:26 pm 00852-0027-863613
HOUSE AMENDMENT
Bill No. CS for CS for CS for SB 852 & others, 2nd Eng.
Amendment No. (for drafter's use only)
1 presence of his or her parent or legal
2 guardian; revising the definition of "school
3 system"; amending s. 984.151, F.S.; revising
4 requirements for filing a truancy petition;
5 requiring the issuance of a summons; providing
6 for use of contempt powers; amending s.
7 414.125, F.S.; revising criteria for reduction
8 of temporary cash assistance; providing an
9 effective date.
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File original & 9 copies 05/01/00
hek0003 12:26 pm 00852-0027-863613