Senate Bill 0852er

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  1

  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.; revising data used to determine a

  6         school's performance grade category; creating

  7         s. 229.8347, F.S.; relating to a Partnership

  8         for School Safety and Security; creating an

  9         electronic clearinghouse; providing for

10         membership; providing for a report; amending s.

11         230.23, F.S.; revising information required to

12         be included in the student code of conduct;

13         combining and clarifying provisions relating to

14         student possession of a weapon; requiring the

15         district code of student conduct to include

16         certain notice relating to expulsion for making

17         a threat or false report; defining the term

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

19         school boards to address the availability of

20         specified student support services

21         professionals; amending and redesignating s.

22         235.14, F.S.; specifying types of drills and

23         emergencies for which district school boards

24         are required to develop procedures; requiring

25         district school boards to establish model

26         emergency management and emergency preparedness

27         procedures; amending s. 230.23015, F.S.,

28         relating to disciplinary action for violation

29         of s. 784.081, F.S.; providing a

30         cross-reference; amending s. 230.23025, F.S.;

31         requiring best financial management practices


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  1         to address school safety and security; creating

  2         s. 230.23145, F.S.; establishing a pilot

  3         program to provide clerical assistance to

  4         guidance counselors; providing eligibility

  5         requirements for district participation;

  6         providing for the selection of districts to

  7         participate; amending s. 230.235, F.S.;

  8         specifying offenses for which a student will be

  9         expelled for 1 year, and referred for criminal

10         prosecution, under district school board zero

11         tolerance for crime policies; authorizing

12         assignment to certain alternative programs;

13         providing a cross reference relating to

14         students with disabilities; creating s.

15         231.0851, F.S., relating to reports of school

16         safety and discipline; requiring principals to

17         use standardized forms and develop a plan;

18         requiring the state board to adopt a form by

19         rule; requiring the department to establish a

20         safety mechanism; requiring the department to

21         establish a safety instrument; amending s.

22         232.17, F.S.; requiring principals to notify

23         certain persons that specified students are

24         exhibiting a pattern of nonattendance;

25         clarifying authorization for intervention

26         through a truancy petition; providing for

27         procedures of portfolio review by a home

28         education review committee of a parent whose

29         child has been identified as exhibiting a

30         pattern of nonattendance who enrolls in a home

31         education program; providing penalties for


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  1         noncompliance; amending s. 232.24521, F.S.;

  2         prohibiting attendance from being used to

  3         provide an exemption from any academic

  4         requirement; amending s. 232.25, F.S., relating

  5         to control of pupils; amending s. 232.26, F.S.;

  6         specifying that expulsion of a student with a

  7         disability must be made pursuant to state board

  8         rule; amending s. 232.27, F.S.; authorizing

  9         teachers or other instructional personnel to

10         have disobedient and disrespectful students

11         temporarily removed from the classroom and to

12         have certain students directed for information

13         or assistance from appropriate personnel;

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

15         behavior considered to be cause for teacher

16         removal of students; removing obsolete language

17         relating to a study and a report; amending s.

18         232.275, F.S.; prohibiting certain school

19         personnel from being held civilly or criminally

20         liable for the exercise of authority provided

21         by certain provisions of law; creating s.

22         234.0215, F.S.; requiring a school safety

23         transportation plan; creating s. 235.192, F.S.,

24         relating to the coordination of school safety

25         information; requiring the provision of copies

26         of educational facility floorplans and other

27         relevant documents to specific agencies;

28         creating s. 235.2157, F.S.; providing

29         legislative findings; defining the term "small

30         school"; requiring the construction of only

31         small schools after a certain date; requiring


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  1         small schools to comply with racial balance

  2         requirements; providing an exception; amending

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

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

  5         enabling a law enforcement officer to take into

  6         custody a child who is suspended or expelled

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

  8         parent or legal guardian; revising the

  9         definition of "school system"; amending s.

10         984.151, F.S.; revising requirements for filing

11         a truancy petition; requiring the issuance of a

12         summons; providing for use of contempt powers;

13         amending s. 414.125, F.S.; revising criteria

14         for reduction of temporary cash assistance;

15         amending s. 234.01, F.S.; authorizing

16         transportation of additional students subjected

17         to hazardous walking conditions; amending s.

18         234.021, F.S., relating to hazardous walking

19         conditions; requiring a hazardous walking

20         condition to be inspected by a representative

21         of the county sheriff and a representative of

22         the local safety council, if a safety council

23         exists in the county; providing for a walking

24         condition to be determined hazardous based on

25         the guidelines of this section or based on

26         findings upon inspection; revising guidelines

27         for determining hazardous walking conditions;

28         amending s. 236.083, F.S.; providing funds for

29         the transportation of additional students

30         transported by reason of being subjected to

31


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  1         hazardous walking conditions; providing an

  2         effective date.

  3

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

  5

  6         Section 1.  Paragraph (a) of subsection (25) of section

  7  228.041, Florida Statutes, is amended to read:

  8         228.041  Definitions.--Specific definitions shall be as

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

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

11         (25)  SUSPENSION.--

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

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

14  classes of instruction on public school grounds and all other

15  school-sponsored activities, except as authorized by the

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

17  exceed 10 school days and remanding of the student to the

18  custody of the student's parent with specific homework

19  assignments for the student to complete.

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

21  229.57, Florida Statutes, is amended to read:

22         229.57  Student assessment program.--

23         (8)  DESIGNATION OF SCHOOL PERFORMANCE GRADE

24  CATEGORIES.--School performance grade category designations

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

26         (a)  Timeframes.--

27         1.  School performance grade category designations

28  shall be based on one school year of performance.

29         2.  In school years 1998-1999 and 1999-2000, a school's

30  performance grade category designation shall be determined by

31  the student achievement levels on the FCAT, and on other


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

  2  attendance, dropout rate, school discipline data, and student

  3  readiness for college, in accordance with state 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.  Section 229.8347, Florida Statutes, is

31  created to read:


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  1         229.8347  Partnership for School Safety and Security.--

  2         (1)  CREATION AND DUTIES.--There is created a

  3  Partnership for School Safety and Security to perform the

  4  following responsibilities:

  5         (a)  Evaluate school safety and security programs and

  6  strategies, based on controlled scientific research; recommend

  7  information to be included in the electronic clearinghouse of

  8  safety and security information; and make recommendations for

  9  inclusion in the clearinghouse of safety and security

10  information and to the Legislature for funding school safety

11  and security programs.

12         (b)  Create an electronic clearinghouse of safety and

13  security information that includes best practices, model

14  programs, and construction prototypes that are compatible with

15  the requirements for frugal schools.

16         (c)  Assess the extent to which best practices for

17  school safety and security are being followed, including, but

18  not limited to, best practices for schools with student

19  participation in planning and implementing violence prevention

20  and other student efforts that contribute to school safety;

21  placing and training new teachers; providing incentives for

22  teachers of demonstrated mastery to remain in or transfer to

23  low-performing schools; providing incentives for teachers

24  based on their willingness to teach at schools that serve

25  low-income areas; and providing support systems, such as

26  mentors or specialized training, for teachers who are willing

27  to teach in schools that serve large populations of students

28  from low-income families.

29         (d)  Train and offer technical assistance to school

30  district staff and others on how to create a safe school

31  environment.


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  1         (e)  Foster coordination among schools, law enforcement

  2  personnel, and crisis-management teams.

  3         (2)  ORGANIZATION; MEMBERSHIP; MEETINGS; COMPENSATION

  4  AND TRAVEL EXPENSES; BUDGET.--The partnership is an

  5  independent, nonpartisan body that is assigned to the

  6  Department of Education for administrative purposes. The

  7  partnership shall be composed of 11 members who are appointed

  8  by the Governor and confirmed by the Senate. Three members

  9  must be consumers who are not, and never have been, providers

10  of school safety or security services.

11         (a)  Members shall be appointed to 4-year, staggered

12  terms of office.

13         (b)  The partnership shall annually elect a chairperson

14  and vice chairperson from among its members.

15         (c)  The partnership shall meet at least once each year

16  and the chairperson or a quorum of the members of the

17  partnership may call additional meetings as often as necessary

18  to transact business. A majority of the membership constitutes

19  a quorum, and the vote of a majority of the quorum is

20  necessary to take official action or conduct official business

21  of the partnership. The position of any member who has three

22  consecutive, unexcused absences or who is absent for 50

23  percent or more of the partnership's meetings within any

24  12-month period shall be considered vacant.

25         (d)  A vacancy on the partnership shall be filled in

26  the same manner as the original appointment. Any appointment

27  to fill a vacancy shall be only for the remainder of the

28  unexpired term.

29         (e)  Members of the partnership shall serve without

30  compensation, but are entitled to reimbursement for per diem

31  and travel expenses incurred in the performance of their


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  1  duties as provided in s. 112.061, and are entitled to

  2  reimbursement for other reasonable, necessary, and actual

  3  expenses.

  4         (3)  BUDGET.--The partnership shall have a budget and

  5  shall be funded to the extent provided for in the General

  6  Appropriations Act.

  7         (4)  ANNUAL REPORT.--The partnership shall submit an

  8  annual report to the Governor, the President of the Senate,

  9  the Speaker of the House of Representatives, the minority

10  leaders of the Senate and House of Representatives, and the

11  Commissioner of Education. The report must contain an

12  independent analysis of best practices for school safety and

13  security in the state; a summary of programs evaluated; a

14  summary of progress made in developing, maintaining, and

15  refining the electronic clearinghouse of safety and security

16  information; and recommendations for legislative changes or

17  budget requests.

18         Section 4.  Paragraphs (d) and (e) of subsection (6) of

19  section 230.23, Florida Statutes, are amended, subsection (20)

20  of said section is renumbered as subsection (22), and new

21  subsections (20) and (21) are added to said section, and

22  section 235.14, Florida Statutes, is redesignated as paragraph

23  (f) of subsection (6) of said section and amended, to read:

24         230.23  Powers and duties of school board.--The school

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

26  perform all duties listed below:

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

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

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

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

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


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

  2  conduct for elementary schools and a code of student conduct

  3  for secondary schools and distribute the appropriate code to

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

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

  6  shall be organized and written in language that which is

  7  understandable to students and parents and shall be discussed

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

  9  school advisory council meetings councils, and parent and

10  teacher association meetings associations. Each code shall be

11  based on the rules governing student conduct and discipline

12  adopted by the district school board and shall be made

13  available in the student handbook or similar publication. Each

14  code shall include, but not be limited to:

15         1.  Consistent policies and specific grounds for

16  disciplinary action, including in-school suspension,

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

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

19  alcohol on school property or while attending a school

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

21  controlled substances as defined in chapter 893.

22         2.  Procedures to be followed for acts requiring

23  discipline, including corporal punishment.

24         3.  An explanation of the responsibilities and rights

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

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

27  right to learn, free speech and student publications,

28  assembly, privacy, and participation in school programs and

29  activities.

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

31  controlled substances, as defined in chapter 893, or


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  1  possession of electronic telephone pagers, by any student

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

  3  a school function is grounds for disciplinary action by the

  4  school and may also result in criminal penalties being

  5  imposed.

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

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

  8  student while the student is on school property or in

  9  attendance at a school function is grounds for disciplinary

10  action and may also result in criminal prosecution.

11         6.  Notice that violence against any school district

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

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

14  disciplinary action by the school and may also result in

15  criminal penalties being imposed.

16         7.  Notice that violation of district school board

17  transportation policies, including disruptive behavior on a

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

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

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

21  school and may also result in criminal penalties being

22  imposed.

23         8.  Notice that violation of the district school

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

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

26  imposition of other disciplinary action by the school and may

27  also result in criminal penalties being imposed.

28         9.  Policies to be followed for the assignment of

29  violent or disruptive students to an alternative educational

30  program.

31


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

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

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

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

  5  without continuing educational services, from the student's

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

  7  referred for criminal prosecution. District school boards may

  8  assign the student to a disciplinary program or second chance

  9  school for the purpose of continuing educational services

10  during the period of expulsion. Superintendents may consider

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

12  request the district school board to modify the requirement by

13  assigning the student to a disciplinary program or second

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

15  of the student and the school system.

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

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

18  790.163, respectively, involving school or school personnel's

19  property, school transportation, or a school-sponsored

20  activity will be expelled, with or without continuing

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

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

23  prosecution. District school boards may assign the student to

24  a disciplinary program or second chance school for the purpose

25  of continuing educational services during the period of

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

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

28  district school board to modify the requirement by assigning

29  the student to a disciplinary program or second chance school

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

31  and the school system.


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

  2  district school board, implement a student crime watch program

  3  to promote responsibility among students and to assist in the

  4  control of criminal behavior within the schools.

  5         (f) 235.14  Emergency drills; emergency procedures.--

  6         1.  The district school board shall formulate and

  7  prescribe policies and procedures for emergency drills and for

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

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

10  schools of the district state which comprise grades K-12.

11  District policies shall include commonly used alarm system

12  responses for specific types of emergencies and verification

13  by each school that drills have been provided as required by

14  law and fire protection codes.

15         2.  The district school board shall establish model

16  emergency management and emergency preparedness procedures for

17  the following life-threatening emergencies:

18         a.  Weapon-use and hostage situations.

19         b.  Hazardous materials or toxic chemical spills.

20         c.  Weather emergencies, including hurricanes,

21  tornadoes, and severe storms.

22         d.  Exposure as a result of a manmade emergency.

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

24  anonymity of students in large schools, the district school

25  board shall adopt policies effective for the 2002-2003 school

26  year, and thereafter, to encourage any school that does not

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

28  235.2157(2), to subdivide into schools-within-a-school, which

29  shall operate within existing resources. A

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

31  uses flexible scheduling, team planning, and curricular and


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  1  instructional innovation to organize groups of students with

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

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

  4  not limited to:

  5         (a)  An organizational arrangement assigning both

  6  students and teachers to smaller units in which the students

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

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

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

10  multiyear basis.

11         (b)  An organizational arrangement similar to that

12  described in paragraph (a) with additional variations in

13  instruction and curriculum.  The smaller unit usually seeks to

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

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

16  is dependent upon the school principal for its existence,

17  budget, and staff.

18         (c)  A separate and autonomous smaller unit formally

19  authorized by the district school board or superintendent of

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

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

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

23  space with the larger school and defer to the building

24  principal on matters of safety and building operation.

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

26  address the availability of qualified and experienced support

27  services professionals who are trained in substance abuse or

28  mental health to support teachers who identify students with

29  potential problems. The district school board may address the

30  availability of these qualified and experienced support

31


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  1  services professionals through the use of in-school or local

  2  private providers.

  3         Section 5.  Subsection (1) of section 230.23025,

  4  Florida Statutes, is amended to read:

  5         230.23025  Best financial management practices;

  6  standards; reviews; designation of districts.--

  7         (1)  The Office of Program Policy Analysis and

  8  Government Accountability (OPPAGA) and the Office of the

  9  Auditor General are directed to develop a system for reviewing

10  the financial management practices of school districts. In

11  this system, OPPAGA and the Auditor General shall jointly

12  examine district operations to determine whether they meet

13  "best financial management practices." The best financial

14  management practices adopted by the Commissioner of Education

15  may be updated periodically after consultation with the

16  Legislature, the Governor, the SMART Schools Clearinghouse,

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

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

19  addressing the following areas:

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

21  proceeds, student transportation and food service operations,

22  management structures, and personnel systems and benefits.;

23         (b)  Compliance with generally accepted accounting

24  principles and state and federal laws relating to financial

25  management.;

26         (c)  Performance accountability systems, including

27  performance measurement reports to the public, internal

28  auditing, financial auditing, and information made available

29  to support decisionmaking.;

30

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

  2  financial management, purchasing, and information system

  3  controls.

  4         (e)  Safety and security practices at the district and

  5  school levels.

  6         Section 6.  Section 230.23145, Florida Statutes, is

  7  created to read:

  8         230.23145  Student support services pilot program.--

  9         (1)  From the funds provided in the 2000-2001 General

10  Appropriations Act, there is established a pilot program for

11  Sarasota, Lake, and Miami-Dade school districts to assess the

12  use of and assist student support services personnel in public

13  schools.

14         (2)  Each participating school district must provide:

15         (a)  Information relating to the current use of student

16  support services personnel within the district. The

17  department's reporting form must require a breakdown of the

18  percentage of time spent on activities including, but not

19  limited to: clerical work not related to counseling, school

20  social work services, psychological services, or evaluation,

21  clerical work related to counseling, school social work

22  services, psychological services, or evaluation, direct

23  student services, and student evaluation.

24         (b)  A plan outlining the proposed use of part-time or

25  nondegreed personnel to provide clerical assistance, so that

26  the major focus of the student support services personnel will

27  be services through direct student contact, other appropriate

28  contact, or student evaluation.

29         (3)  Each participating school district shall report to

30  the Department of Education on improved student performance,

31  reduced school discipline problems, increased direct time with


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  1  students or other significant outcome measures by August 1,

  2  2001.

  3         Section 7.  Subsection (2) of section 230.235, Florida

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

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

  6         230.235  Policy of zero tolerance for crime.--

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

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

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

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

11  to be referred for criminal prosecution:

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

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

14  school-sponsored transportation.

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

16  790.162 and 790.163, respectively, involving school or school

17  personnel's property, school transportation, or a

18  school-sponsored activity.

19

20  District school boards may assign the student to a

21  disciplinary program or second chance school for the purpose

22  of continuing educational services during the period of

23  expulsion. Superintendents may consider the 1-year expulsion

24  requirement on a case-by-case basis and request the district

25  school board to modify the requirement by assigning the

26  student to a disciplinary program or second chance school if

27  it is determined to be in the best interest of the student and

28  the school system. If a student committing any of the offenses

29  in this subsection is a student with a disability, the school

30  district shall comply with procedures pursuant to s. 232.251

31  and any applicable state board rule.


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  1         Section 8.  Section 231.0851, Florida Statutes, is

  2  created to read:

  3         231.0851  Reports of school safety and

  4  discipline.--Each principal must ensure that standardized

  5  forms prescribed by rule of the State Board of Education are

  6  used to report data concerning school safety and discipline to

  7  the Department of Education. The principal must develop a plan

  8  to verify the accuracy of reported incidents.

  9         Section 9.  The State Board of Education shall adopt by

10  rule a standardized form to be used by each school to report

11  data concerning school safety and discipline.

12         Section 10.  By October 1, 2000, the Department of

13  Education shall establish a mechanism to improve the

14  reliability and accuracy of reports concerning school safety,

15  including a means for improving the reliability and accuracy

16  of the School Environmental Safety Incident Reporting System.

17         Section 11.  By December 1, 2000, the Department of

18  Education shall develop an individualized school safety and

19  environment assessment instrument that each school may use to

20  assess its needs with respect to the state education goal for

21  safety specified in section 229.591(3)(e), Florida Statutes.

22  In addition, by December 1, 2000, the Department of Education

23  shall expand the current performance standards for the state

24  education goal for safety to comprehensively address district

25  and school safety and security.

26         Section 12.  Subsection (1) of section 232.17, Florida

27  Statutes, is amended to read:

28         232.17  Enforcement of school attendance.--The

29  Legislature finds that poor academic performance is associated

30  with nonattendance and that schools must take an active role

31  in enforcing attendance as a means of improving the


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

  2  that the superintendent of each school district be responsible

  3  for enforcing school attendance of all children and youth

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

  5  The responsibility includes recommending to the school board

  6  policies and procedures to ensure that schools respond in a

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

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

  9  School board policies must require each parent or guardian of

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

11  justification will be evaluated based on adopted school board

12  policies that define excused and unexcused absences. The

13  policies must provide that schools track excused and unexcused

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

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

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

17  nonattendance. The Legislature finds that early intervention

18  in school attendance matters is the most effective way of

19  producing good attendance habits that will lead to improved

20  student learning and achievement. Each public school shall

21  implement the following steps to enforce regular school

22  attendance:

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

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

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

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

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

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

29  shall provide opportunities for the student to make up

30  assigned work and not receive an academic penalty unless the

31  work is not made up within a reasonable time.


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

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

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

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

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

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

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

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

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

10  study team to determine if early patterns of truancy are

11  developing.

12

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

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

15  meeting with the parent must be scheduled to identify

16  potential remedies, and the principal shall notify the

17  superintendent of schools and the school district contact for

18  home education programs that the referred student is

19  exhibiting a pattern of nonattendance.

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

21  problem, the child study team shall implement interventions

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

23  but need not be limited to:

24         1.  Frequent communication between the teacher and the

25  family;

26         2.  Changes in the learning environment;

27         3.  Mentoring;

28         4.  Student counseling;

29         5.  Tutoring, including peer tutoring;

30         6.  Placement into different classes;

31         7.  Evaluation for alternative education programs;


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  1         8.  Attendance contracts;

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

  3         10.  Other interventions, including, but not limited

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

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

  6  facilitating intervention services and shall report the case

  7  to the superintendent only when all reasonable efforts to

  8  resolve the nonattendance behavior are exhausted.

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

10  of the child refuses to participate in the remedial strategies

11  because he or she believes that those strategies are

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

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

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

15  hearing officer shall make a recommendation for final action

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

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

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

19  refuses to participate or cooperate, the superintendent may

20  seek criminal prosecution for noncompliance with compulsory

21  school attendance.

22         (f)1.  If the parent or guardian of a child who has

23  been identified as exhibiting a pattern of nonattendance

24  enrolls the child in a home education program pursuant to s.

25  232.0201, the superintendent of schools shall provide the

26  parent a copy of s. 232.0201 and the accountability

27  requirements of this paragraph.  The superintendent of schools

28  shall also refer the parent to a home education review

29  committee composed of the district contact for home education

30  programs and at least two home educators selected by the

31  parent from a district list of all home educators who have


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  1  conducted a home education program for at least 3 years and

  2  who have indicated a willingness to serve on the committee.

  3  The home education review committee shall review the portfolio

  4  of the student, as defined by s. 232.0201, every 30 days

  5  during the district's regular school terms until the committee

  6  is satisfied that the home education program is in compliance

  7  with s. 232.0201(1)(b).  The first portfolio review must occur

  8  within the first 30 calendar days of the establishment of the

  9  program.  The provisions of subparagraph 2. do not apply once

10  the committee determines the home education program is in

11  compliance with s. 232.0201(1)(b).

12         2.  If the parent fails to provide a portfolio to the

13  committee, the committee shall notify the superintendent of

14  schools. The superintendent of schools shall then terminate

15  the home education program and require the parent to enroll

16  the child in an attendance option provided under s. 232.02(1),

17  (2), (3), or (5), within 3 days.  Upon termination of a home

18  education program pursuant to this subparagraph, the parent or

19  guardian shall not be eligible to reenroll the child in a home

20  education program for 180 calendar days.  Failure of a parent

21  or guardian to enroll the child in an attendance option

22  provided under s. 232.02(1), (2), (3), or (5) after

23  termination of the home education program pursuant to this

24  subparagraph shall constitute noncompliance with the

25  compulsory attendance requirements of s. 232.01 and may result

26  in criminal prosecution under s. 232.19(2).  Nothing contained

27  herein shall restrict the ability of the superintendent of

28  schools, or the ability of his or her designee, to review the

29  portfolio pursuant to s. 232.0201(1)(b).

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

31  attendance will not comply with attempts to enforce school


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  1  attendance, the parent, the guardian, or the superintendent or

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

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

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

  5  procedures in s. 984.151.

  6         Section 13.  Section 232.24521, Florida Statutes, is

  7  amended to read:

  8         232.24521  Report cards; end-of-the-year status.--

  9         (1)  Each school district shall establish and publish

10  policies requiring the content and regular issuance of student

11  report cards for all elementary school, middle school, and

12  high school students.  These report cards must clearly depict

13  and grade:

14         (a)  The student's academic performance in each class

15  or course, which in grades 1 through 12 must be based upon

16  examinations as well as written papers, class participation,

17  and other academic performance criteria.

18         (b)  The student's conduct and behavior.

19         (c)  The student's attendance, including absences and

20  tardiness.

21         (2)  A student's final report card for a school year

22  shall contain a statement indicating end-of-the-year status

23  regarding performance or nonperformance at grade level,

24  acceptable or unacceptable behavior and attendance, and

25  promotion or nonpromotion.

26

27  School districts shall not allow schools to exempt students

28  from academic performance requirements based on practices or

29  policies designed to encourage student attendance. A student's

30  attendance record may not be used in whole or in part to

31


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  1  provide an exemption from any academic performance

  2  requirement.

  3         Section 14.  Subsection (3) of section 232.25, Florida

  4  Statutes, is amended to read:

  5         232.25  Pupils subject to control of school.--

  6         (3)  Nothing shall prohibit a district school board

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

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

  9  on school property at any time if:

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

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

12  adult;

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

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

15  felony; or

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

17

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

19  disciplinary action must comply with the procedures set forth

20  in state board rule.

21         Section 15.  Subsection (4) of section 232.26, Florida

22  Statutes, is amended to read:

23         232.26  Authority of principal.--

24         (4)  Any recommendation for the suspension or expulsion

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

26  accordance with the rules adopted promulgated by the State

27  Board of Education.

28         Section 16.  Paragraph (c) of subsection (1) of section

29  232.27, Florida Statutes, is amended, paragraphs (d) through

30  (j) of said subsection are redesignated as paragraphs (e)

31


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  1  through (k), respectively, and a new paragraph (d) is added to

  2  said subsection, to read:

  3         232.27  Authority of teacher; responsibility for

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

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

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

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

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

  9  designated representative and shall keep good order in the

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

11  to be in charge of students.

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

13  of student conduct, teachers and other instructional personnel

14  shall have the authority to undertake any of the following

15  actions in managing student behavior and ensuring the safety

16  of all students in their classes and school:

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

18  uncontrollable, or disruptive students temporarily removed

19  from the classroom for behavior management intervention.

20         (d)  Have violent, abusive, uncontrollable, or

21  disruptive students directed for information or assistance

22  from appropriate school or district personnel.

23         Section 17.  Subsections (2) and (5) of section

24  232.271, Florida Statutes, are amended to read:

25         232.271  Removal by teacher.--

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

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

28  repeatedly interfere with the teacher's ability to communicate

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

30  of the student's classmates to learn; or

31


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  1         (b)  whose behavior the teacher determines is so

  2  unruly, disruptive, or abusive that it seriously interferes

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

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

  5  classmates to learn.

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

  7  of students who are expelled from classrooms, placement

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

  9  decisions by teachers that are overridden by the placement

10  review committee.  A preliminary report to the Legislature

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

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

13  1997.

14         Section 18.  Section 232.275, Florida Statutes, is

15  amended to read:

16         232.275  Liability of teacher or principal.--Except in

17  the case of excessive force or cruel and unusual punishment, a

18  teacher or other member of the instructional staff, a

19  principal or the principal's designated representative, or a

20  bus driver shall not be civilly or criminally liable for any

21  action carried out in conformity with the state board and

22  district school board rules regarding the control, discipline,

23  suspension, and expulsion of students, including, but not

24  limited to, any exercise of authority under s. 232.26, s.

25  232.27, or s. 232.271.

26         Section 19.  Section 234.0215, Florida Statutes, is

27  created to read:

28         234.0215  School Safety Transportation Plan.--Each

29  school district and the state or local governmental entity

30  having jurisdiction shall develop a school safety

31  transportation plan. Each school district shall include


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  1  charter schools in its school safety transportation plan. The

  2  plan shall be submitted to the Department of Education by

  3  December 31, 2000.

  4         (1)  Each school district and the state or local

  5  governmental entity having jurisdiction shall jointly develop

  6  a priority list of hazardous-walking-conditions projects that

  7  have been identified and have not yet been corrected. Each

  8  school district shall use this part of the plan to monitor

  9  school transportation safety. The plan must include the

10  following for the hazardous walking conditions determined

11  under the provisions of section 234.021, Florida Statutes:

12         (a)  The number of hazardous walking conditions which

13  have been identified and have not been corrected by the state

14  or local governmental entity having jurisdiction within 5

15  years after identification of the hazard and a fiscal impact

16  of the cost to correct each hazard; and

17         (b)  For each hazardous walking condition that has been

18  identified and has not been corrected, a statement of the

19  reason given for the deficiency by the state or local

20  governmental entity having jurisdiction.

21         (2)  The plan must also include recommendations and

22  fiscal estimates for:

23         (a)  Any changes to current law for expanding the

24  definition of a student in section 234.021(1), Florida

25  Statutes, to include students in grades kindergarten through

26  12.

27         (b)  Any changes to current law for identifying

28  hazardous walking conditions for walkways parallel to the

29  road, including, but not limited to:

30

31


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  1         1.  Increasing the size of the walk area adjacent to

  2  the road from 4 feet or making changes to the walk area

  3  surface;

  4         2.  Increasing the size of the current set-off

  5  requirement for uncurbed walkways to at least 6 feet or

  6  decreasing the qualifying posted speed limit of 55 miles per

  7  hour; or

  8         3.  Amending the current exceptions to the criteria for

  9  determining hazardous walking conditions for certain

10  residential areas and roads that have a certain volume of

11  traffic and a posted speed limit of 30 miles per hour or less.

12         (c)  Any changes to current law for identifying

13  hazardous walking conditions for walkways perpendicular to the

14  road, including, but not limited to:

15         1.  Limitations in the volume of traffic for the road

16  or the direction of traffic; and

17         2.  The definition of an uncontrolled crossing site.

18         3.  The identification of any hazards associated with

19  multi-lane crossings.

20         (d)  Any other recommendations, including, but not

21  limited to, the consideration of additional criteria for

22  determining hazardous walking conditions, such as crime,

23  construction, adjacent bodies of water, or other risks,

24  procedures for identifying hazardous walking conditions,

25  procedures for locating bus stops, required level of auditing

26  claims for funding, and identification of responsibilities of

27  parents or guardians for the safety of their children when

28  transportation is not required and is not provided by the

29  school district or charter school.

30         (3)  The plan must also identify, by district, the

31  number of schools that:


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  1         (a)  Separate the school bus loading and departure

  2  locations from the loading and departure locations for

  3  parents, guardians, or others who provide transportation to

  4  children.

  5         (b)  Provide transportation to students for whom

  6  transportation is not currently required under state law,

  7  including data on the numbers of students and their grade

  8  levels.

  9

10  The identification of schools under this subsection may be

11  used as a basis for providing incentive funds to specific

12  school districts in the 2000-2001 legislative session.

13         Section 20.  Section 235.192, Florida Statutes, is

14  created to read:

15         235.192  Coordination of school safety information;

16  construction design documents.--

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

18  superintendent of schools must provide to the law enforcement

19  agency and fire department that has jurisdiction over each

20  educational facility a copy of the floorplans and other

21  relevant documents for each educational facility in the

22  district, as defined in s. 235.011(6). After the initial

23  submission of the floorplans and other relevant documents, the

24  district superintendent of schools shall submit, by October 1

25  of each year, revised floorplans and other relevant documents

26  for each educational facility in the district that was

27  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 floorplans and other relevant documents for each


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

  2  initial submission of the floorplans and other relevant

  3  documents, the community college president shall submit, by

  4  October 1 of each year, revised floorplans and other relevant

  5  documents for each educational facility that was modified

  6  during the preceding year.

  7         Section 21.  Section 235.2157, Florida Statutes, is

  8  created to read:

  9         235.2157  Small school requirement.--

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

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

12  nation.

13         (b)  Smaller schools provide benefits of reduced

14  discipline problems and crime, reduced truancy and gang

15  participation, reduced dropout rates, improved teacher and

16  student attitudes, improved student self-perception, student

17  academic achievement equal to or superior to that of students

18  at larger schools, and increased parental involvement.

19         (c)  Smaller schools can provide these benefits while

20  not increasing administrative and construction costs.

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

22  school" means:

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

24  not more than 500 students.

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

26  more than 700 students.

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

28  more than 900 students.

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

30  a student population of not more than 700 students.

31


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  1         (e)  A school serving kindergarten through grade 12

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

  3

  4  A school on a single campus which operates as a

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

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

  7  single campus meets the requirements of this subsection.

  8         (3)  REQUIREMENTS.--

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

10  educational facilities to be constructed within a school

11  district and reflected in the 5-year school district

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

13  to promote increased learning and more effective use of school

14  facilities.

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

16  and court orders relating to racial balance.

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

18  for new educational facilities already under architectural

19  contract on July 1, 2003.

20         Section 22.  Subsections (29) and (57) of section

21  984.03, Florida Statutes, are amended to read:

22         984.03  Definitions.--When used in this chapter, the

23  term:

24         (29)  "Habitually truant" means that:

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

26  calendar days with or without the knowledge or justifiable

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

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

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

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

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  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


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  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


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  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


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  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


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  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.  Paragraph (b) of subsection (1) of section

18  234.01, Florida Statutes, is amended to read:

19         234.01  Purpose; transportation; when provided.--

20         (1)  School boards, after considering recommendations

21  of the superintendent:

22         (b)  Shall provide transportation for public elementary

23  school students in membership whose grade level does not

24  exceed grade 6, and may provide transportation for public

25  school students in membership in grades 7 through 12, if such

26  students are subjected to hazardous walking conditions as

27  provided in s. 234.021 while en route to or from school.

28         Section 27.  Paragraph (a) of subsection (2) and

29  paragraph (b) of subsection (3) of section 234.021, Florida

30  Statutes, are amended to read:

31         234.021  Hazardous walking conditions.--


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  1         (2)  IDENTIFICATION.--

  2         (a)  When a request for review is made to the district

  3  superintendent of schools or the district superintendent's

  4  designee concerning a condition perceived to be hazardous to

  5  students in that district who live within the 2-mile limit and

  6  who walk to school, such condition shall be inspected by a

  7  representative of the school district, a representative of the

  8  county sheriff, a representative of the local safety council,

  9  if a safety council exists in the county, and a representative

10  of the local governmental entity where the perceived hazardous

11  condition exists. If any of such representatives determines

12  that a shall determine whether or not the condition is

13  hazardous to such students according to the guidelines

14  established by subsection (3) or based upon his or her

15  findings upon inspection, he or she and shall report to the

16  Department of Education with respect thereto.  Upon a

17  determination that a condition is hazardous to such students,

18  the district school board shall request a determination from

19  the state or local governmental entity having jurisdiction

20  regarding whether the hazard will be corrected and, if so,

21  regarding a projected completion date. State funds shall be

22  allocated for the transportation of students subjected to such

23  hazards, provided that such funding shall cease upon

24  correction of the hazard or upon the projected completion

25  date, whichever occurs first.

26         (3)  GUIDELINES CRITERIA FOR DETERMINING HAZARDOUS

27  WALKING CONDITIONS.--

28         (b)  Walkways perpendicular to the road.--It shall be

29  considered a hazardous walking condition with respect to any

30  road across which students must walk in order to walk to and

31  from school:


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  1         1.  If the traffic volume on such road exceeds the rate

  2  of 360 vehicles per hour, per direction (including all lanes),

  3  during the time students walk to and from school and if the

  4  crossing site is uncontrolled. For purposes of this

  5  subsection, an "uncontrolled crossing site" is defined as an

  6  intersection or other designated crossing site where no

  7  crossing guard, traffic enforcement officer, or stop sign or

  8  other traffic control signal is present during the times

  9  students walk to and from school.

10         2.  If the total traffic volume on such road exceeds

11  4,000 vehicles per hour through an intersection or other

12  crossing site controlled by a stop sign or other traffic

13  control signal, unless crossing guards or other traffic

14  enforcement officers are also present during the times

15  students walk to and from school.

16

17  Traffic volume shall be determined by the most current traffic

18  engineering study conducted by a state or local governmental

19  agency.

20         Section 28.  Paragraph (e) of subsection (1) of section

21  236.083, Florida Statutes, is amended to read:

22         236.083  Funds for student transportation.--The annual

23  allocation to each district for transportation to public

24  school programs of students in membership in kindergarten

25  through grade 12, in migrant and exceptional student programs

26  below kindergarten, and in any other state-funded

27  prekindergarten program shall be determined as follows:

28         (1)  Subject to the rules of the commissioner, each

29  district shall determine the membership of students who are

30  transported:

31


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  1         (e)  With respect to elementary school students whose

  2  grade level does not exceed grade 6, by reason of being

  3  subjected to hazardous walking conditions en route to or from

  4  school as provided in s. 234.021. Such rules shall, when

  5  appropriate, provide for the determination of membership under

  6  this paragraph for less than 1 year to accommodate the needs

  7  of students who require transportation only until such

  8  hazardous conditions are corrected. Any funds appropriated in

  9  the 2001-2002 General Appropriations Act for student

10  transportation that are in addition to the funds provided in

11  the 2000-2001 General Appropriations Act for student

12  transportation and that are not designated in the 2001-2002

13  budget workpapers as funds provided for student enrollment

14  growth shall be used to fund students transported according to

15  s. 234.01(1)(b), including those transported by school

16  district option; and

17         Section 29.  This act shall take effect July 1, 2000.

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