House Bill hb1495
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Florida House of Representatives - 2001 HB 1495
By Representative Carassas
1 A bill to be entitled
2 An act relating to school safety; creating s.
3 229.8349, F.S., the "Safe Passage Act";
4 creating a school safety accountability
5 program; providing legislative findings and
6 intent; providing definitions; identifying best
7 safety and security practices in schools;
8 requiring audits of adoption and implementation
9 of best safety and security practices;
10 requiring the school board to adopt and
11 institute an action plan to implement audit
12 recommendations; providing procedures for
13 failure to adopt or implement; providing
14 penalties; providing a school safety choice
15 program; providing for enrollment and funding;
16 requiring a toll-free school safety hotline;
17 requiring rules; amending ss. 235.06 and
18 633.01, F.S.; transferring responsibility for
19 the adoption and administration of rules
20 prescribing standards for educational
21 facilities from the Commissioner of Education
22 to the State Fire Marshal; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Section 229.8349, Florida Statutes, is
28 created to read:
29 229.8349 School safety accountability program.--
30 (1) SHORT TITLE.--This section may be cited as the
31 "Safe Passage Act."
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1 (2) FINDINGS.--The Legislature finds that:
2 (a) The safety of our schools is as important to our
3 children's welfare as academic performance.
4 (b) A school atmosphere characterized by fear,
5 violence, and intimidation adversely impacts not only the
6 students' ability to learn, but also the students' mental
7 well-being, socialization, and adaptation.
8 (c) A school atmosphere characterized by safety and
9 security is conducive to academic progress and emotional
10 health and well-being.
11 (3) INTENT.--It is the intent of the Legislature to
12 foster a safe learning environment in each public school in
13 the state serving all or portions of grades K-12. To enhance
14 children's safe passage through Florida's K-12 public
15 education system, a school safety accountability program with
16 the following components and requirements is hereby created.
17 (4) DEFINITIONS.--
18 (a) "Best safety and security practices" means those
19 practices identified in this section, which have been
20 developed pursuant to s. 230.23025 by the Office of Program
21 Policy Analysis and Government Accountability and the Office
22 of the Auditor General, and approved by the Commissioner of
23 Education in consultation with the Partnership for School
24 Safety and Security established in s. 229.8347.
25 (b) The designation of a K-12 school as a
26 "persistently dangerous school" means that the school and the
27 school district have failed to adopt and implement best safety
28 and security practices and that such failure persists for 2
29 consecutive years following issuance of the safety audit
30 report required by this section. The term shall not be
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1 construed as an indication of a student's actual risk of harm
2 from attending a school with this designation.
3 (c) The designation of a school district as a
4 "persistently dangerous school district" means that the school
5 district has failed to adopt and implement best safety and
6 security practices and that such failure has persisted for 2
7 consecutive years following issuance of the safety audit
8 report required by this section. The term shall not be
9 construed as an indication of a student's actual risk of harm
10 from attending a school in a district with this designation.
11 (d) The designation of an elementary or secondary
12 public school as a "safety conscious school" means that the
13 school and the school district have adopted and implemented
14 best safety and security practices. The term shall not be
15 construed as an indication of a student's actual risk of harm
16 from attending a school with this designation.
17 (e) The designation of a school district as a "safety
18 conscious school district" means that the district has adopted
19 and implemented best safety and security practices. The term
20 shall not be construed as an indication of a student's actual
21 risk of harm from attending a school in a district with this
22 designation.
23 (f) A "serious school-based offense" means one that is
24 committed against a student on school property, during
25 school-sponsored transportation, or during a school-sponsored
26 activity, and shall include offenses which result in serious
27 significant physical injury or psychological trauma.
28 (5) AUDITS.--
29 (a) School districts shall be subject to a
30 state-funded, mandatory audit to be conducted by professional,
31 third-party auditors under state contract. At least one member
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1 of the audit team shall have expertise in school psychology,
2 social work, or guidance counseling. The audit shall gather
3 evidence of the actual safety conditions at schools within the
4 district and the extent to which the district and schools
5 within the district have adopted and effectively implemented
6 best safety and security practices, including, without
7 limitation, the following:
8 1. The school district ensures that it has a safety
9 and security program that has clear direction and is effective
10 in meeting its intended purpose in a cost-efficient manner by
11 adoption and implementation of the following practices:
12 a. The district has established and implemented
13 accountability mechanisms to ensure the performance,
14 efficiency, and effectiveness of the safety and security
15 program.
16 b. The district regularly reviews the organizational
17 structure and staffing levels of the safety and security
18 program and minimizes administrative layers and processes.
19 2. The school district has comprehensive plans and
20 procedures to promote the safety and security of students and
21 employees, including, without limitation, the following best
22 safety and security practices:
23 a. The district has a written comprehensive plan that
24 includes districtwide emergency and safety procedures and
25 identifies those responsible for them.
26 b. The district has a checklist for each school that
27 provides step-by-step crisis response procedures.
28 c. The district identifies district and school
29 personnel who need school safety training and provides those
30 personnel with appropriate training.
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1 3. The school district endeavors to identify,
2 minimize, and protect students, teachers, administrators,
3 resource officers, and other personnel from the effects of
4 disruptive and/or violent student behavior by adoption and
5 implementation of best safety and security practices,
6 including, without limitation, the following:
7 a. Each school has in place a state-of-the-art threat
8 assessment methodology for students, teachers, administrators,
9 resource officers, and other personnel.
10 b. The district identifies and implements parent and
11 community outreach strategies to promote safety in the home
12 and community.
13 c. The district conducts a needs assessment to
14 determine the need for violence and drug prevention programs
15 and, based on identified needs, implements appropriate
16 programs.
17 d. The district and each school has behavioral and
18 disciplinary policies that are well-defined and
19 well-communicated to students, parents, teachers,
20 administrators, resource officers, and other personnel.
21 e. The school board adopts curricula and programs
22 aimed at protecting students, teachers, administrators,
23 resource officers, and other personnel to include, without
24 limitation, training of students, teachers, administrators,
25 resource officers, and other personnel in the assessment and
26 management of threats, anger management, and dispute
27 resolution through mediation.
28 4. School facilities and equipment are safe and in
29 good working condition by adoption and implementation of best
30 safety and security practices, including, without limitation,
31 the following:
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1 a. The district can demonstrate that each school in
2 the district has performed an annual self-assessment of all
3 relevant health and safety issues.
4 b. The district ensures that playgrounds are properly
5 constructed, maintained, and supervised so as to minimize the
6 risk of injury.
7 c. Each school has appropriate equipment to protect
8 the safety and security of property and records.
9 d. The district provides appropriate safety equipment
10 and information to prevent injuries to students and others.
11 (b) The school board shall conduct a review of the
12 audit recommendations and adopt within 60 calendar days after
13 issuance of the audit report an action plan identifying those
14 steps required to be taken at the district and school levels
15 in order to implement the recommendations. The school board
16 shall institute the action plan and cause the plan to be
17 instituted at the school level, and shall submit a written
18 report to the commissioner no later than July 1 of the
19 following year. The report shall describe in detail the
20 changes that were made and, by specific reference to the
21 audit, whether such changes that occurred at the district and
22 K-12 school levels corrected deficiencies noted in the audit
23 report and otherwise complied with audit recommendations.
24 (6) FAILURE TO ADOPT OR IMPLEMENT ACTION PLAN.--The
25 failure of a school district to adopt or implement an action
26 plan incorporating recommendations contained in the audit
27 shall be subject to the following:
28 (a) In the event that a school board fails to timely
29 vote on whether or not to adopt the action plan, the
30 commissioner or any resident of the school district may
31 petition the State Board of Education to issue an order
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1 directing the school board to conduct the vote within a
2 specified time period consistent with applicable law. The
3 order shall not be subject to review under ss. 120.569 and
4 120.57.
5 (b) In the event a school board votes not to adopt
6 such action plan, or votes to adopt a materially different
7 plan, the commissioner or any resident of the school district
8 may request the state board to issue an order directing the
9 school board to adopt the recommended plan. The order shall
10 provide a reasonable point of entry to administrative
11 proceedings pursuant to ss. 120.569 and 120.57. If the school
12 board fails to timely petition for such proceedings or
13 otherwise waives such proceedings, the order shall be
14 enforceable as provided in this section. If the school board
15 timely petitions for proceedings, the petition may contest the
16 order solely on one or more of the following grounds:
17 1. The audit findings upon which the action plan is
18 based are factually inaccurate;
19 2. The best safety and security practices to be
20 implemented by the action plan in the report are not, under
21 the circumstances, better than the district's existing
22 practices; or
23 3. The best safety and security practices recommended
24 in the audit report are not, under the circumstances, better
25 than those contained in an alternative action plan adopted and
26 implemented, or in the process of being adopted and
27 implemented, by the district.
28 (c) In each case in which the best safety and security
29 practices recommended in the audit report are to be compared
30 to a school district's current practices or to practices in a
31 school district's alternative action plan, the recommended
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1 order and the final order shall specify, and require the
2 implementation of, whichever practices are more likely to
3 result in enhanced school safety and security.
4 (d) Where a school district fails to timely adopt,
5 initiate, progress in, or complete the implementation of the
6 action plan, in addition to other remedies authorized in this
7 section or elsewhere by applicable law, the state board, on
8 its own initiative or on the recommendation of the
9 commissioner, may take one or more of the following actions:
10 1. Permanently withhold all or a portion of
11 discretionary funds that might otherwise be available to such
12 school district during the period of noncompliance.
13 2. Permanently withhold or condition use of all or a
14 portion of funds that would otherwise be available to such
15 school district during the period of noncompliance for
16 salaries and associated expenses of district-based
17 instructional administrators and district-based
18 noninstructional administrators, as such personnel categories
19 are defined in s. 228.041(10).
20 3. Impose a fine against such school district and each
21 member of the school board thereof, and collect such fines, in
22 an amount not to exceed $1,000 for each day of noncompliance,
23 with the school board and each member to be jointly and
24 severally liable for such fine.
25 (e) Notwithstanding s. l20.69(1)(a), final orders
26 issued pursuant to this section shall be enforceable in the
27 circuit court for the Second Judicial Circuit in and for Leon
28 County.
29 (f) A resident's request for an order under paragraph
30 (a) shall be filed no later than 30 days after expiration of
31 the period within which the school board must vote on whether
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1 to adopt the recommended action plan. A resident's request for
2 an order under paragraph (b) shall be filed no later than 30
3 days after the date on which the school board voted not to
4 adopt the recommended action plan or to adopt a materially
5 different action plan. The request shall be in writing, shall
6 identify the requesting party's name and address, and shall be
7 filed with the Department of Education's agency clerk.
8 (g) After expiration of the time for a resident to
9 file a request, the commissioner, in accordance with the
10 procedures of the state board, shall place on the next
11 available agenda of the state board any request by the
12 commissioner and any timely request by a resident for an order
13 under paragraph (a) or paragraph (b).
14 (7) SCHOOL SAFETY CHOICE PROGRAM.--
15 (a) The Legislature finds that a student should not be
16 compelled against the wishes of the student's parent or
17 guardian to remain in a public school serving all or a portion
18 of grades K-12 that maintains a persistently dangerous school
19 designation for 2 consecutive years or, regardless of such
20 designation, in a K-12 public school in which the student has
21 been the victim of a serious school-based offense.
22 (b) For each student enrolled in or assigned to a
23 public school that has been designated as a persistently
24 dangerous school for 2 consecutive school years, the school
25 district shall:
26 1. Notify the parent or guardian of the student as
27 soon as such designation is made.
28 2. Offer the parent or guardian an opportunity to
29 enroll the student in any public school within the school
30 district, or, at the parent's or guardian's choice, in an
31 adjacent school district, provided such school is not
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1 designated as a persistently dangerous school and is not
2 designated by the state pursuant to s. 229.57 as a school
3 performing less than performance grade category "C."
4 (c) Transportation costs to such other public school
5 within the district shall be the responsibility of the school
6 district. The district may utilize state categorical
7 transportation funds or state-appropriated public school
8 choice incentive funds for this purpose.
9 (d) The receiving school district shall accept the
10 student and report the student for purposes of the district's
11 funding pursuant to the Florida Education Finance Program.
12 (8) SCHOOL SAFETY HOTLINE.--
13 (a) By September 1, 2001, each school district shall
14 create and maintain a toll-free school safety hotline to
15 provide a means for students, parents, school staff, and other
16 persons to anonymously report activity that affects the safety
17 and well-being of the school's population.
18 1. Each school district shall maintain a record of the
19 calls. A summary report of the calls shall be periodically
20 provided to parents, school staff, and the Department of
21 Education.
22 2. The toll-free school safety hotline shall be
23 operated in a manner that ensures a designated school official
24 is notified of a complaint received through the hotline if the
25 complaint concerns that school. A complaint that concerns an
26 alleged offense directly threatening the safety or well-being
27 of a person or property within a school must be reported to
28 the designated official as soon as possible after the
29 complaint is made, and the designated official must conduct an
30 investigation and take appropriate action in a timely manner.
31 Nothing in this subsection shall affect the school district's
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1 obligations under s. 231.262(1)(c) with respect to timely
2 investigation and reporting of complaints against
3 certificateholders.
4 (b) There shall not be an award or monetary benefit
5 for reporting an incident through the toll-free school safety
6 hotline.
7 (9) RULES.--The state board shall adopt rules pursuant
8 to ss. 120.536(1) and 120.54 to implement the provisions of
9 this section. For purposes of rule development, the
10 Commissioner of Education, in conjunction with the Partnership
11 for School Safety and Security established in s. 229.8347,
12 shall hold public workshops in various regions of the state,
13 to be determined by the commissioner, so as to encourage the
14 involvement of citizens, parents, educators, students, and
15 other stakeholders. The commissioner's determination of the
16 location of such workshops is not subject to review pursuant
17 to ss. 120.569 and 120.57.
18 Section 2. Section 235.06, Florida Statutes, is
19 amended to read:
20 235.06 Safety and sanitation standards and inspection
21 of property.--The State Fire Marshal Commissioner of Education
22 shall adopt and administer rules prescribing standards for the
23 safety and health of occupants of educational and ancillary
24 plants as a part of the State Uniform Building Code for Public
25 Educational Facilities Construction as provided in s. 235.26,
26 the provisions of chapter 633 to the contrary notwithstanding.
27 These standards must be used by all public agencies when
28 inspecting public educational and ancillary plants. In
29 accordance with such standards, each board shall prescribe
30 policies and procedures establishing a comprehensive program
31 of safety and sanitation for the protection of occupants of
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1 public educational and ancillary plants. Such policies must
2 contain procedures for periodic inspections as prescribed
3 herein and for withdrawal of any educational and ancillary
4 plant, or portion thereof, from use until unsafe or unsanitary
5 conditions are corrected or removed.
6 (1) PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--
7 (a) Each board shall provide for periodic inspection
8 of each educational and ancillary plant at least once during
9 each fiscal year to determine compliance with standards of
10 sanitation and casualty safety prescribed by in the rules of
11 the State Fire Marshal commissioner.
12 (b) Firesafety inspections of each educational and
13 ancillary plant must be made annually by persons certified by
14 the Division of State Fire Marshal to be eligible to conduct
15 firesafety inspections in public educational and ancillary
16 plants.
17 (c) In each firesafety inspection report, the board
18 shall include a plan of action and a schedule for the
19 correction of each deficiency. If immediate life-threatening
20 deficiencies are noted in any inspection, the board shall
21 either take action to promptly correct the deficiencies or
22 withdraw the educational or ancillary plant from use until
23 such time as the deficiencies are corrected.
24 (2) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
25 AGENCIES.--
26 (a) A safety or sanitation inspection of any
27 educational or ancillary plant may be made at any time by the
28 Department of Education or any other state or local agency
29 authorized or required to conduct such inspections by either
30 general or special law. Each agency conducting inspections
31 shall use the standards adopted by the State Fire Marshal
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1 Commissioner of Education in lieu of, and to the exclusion of,
2 any other inspection standards prescribed either by statute or
3 administrative rule, the provisions of chapter 633 to the
4 contrary notwithstanding. The agency shall submit a copy of
5 the inspection report to the board.
6 (b) In addition to school board inspections, the
7 applicable local fire control authority shall also annually
8 inspect educational facilities within its fire control
9 district, using the standards adopted by the State Fire
10 Marshal Commissioner of Education. Reports shall be filed with
11 the school board, and a copy shall be on file with the local
12 site administrator.
13 (3) CORRECTIVE ACTION.--Upon failure of the board to
14 take corrective action within a reasonable time, the agency
15 making the inspection may request the State Fire Marshal
16 commissioner to:
17 (a) Order that appropriate action be taken to correct
18 all deficiencies in accordance with a schedule determined
19 jointly by the inspecting authority and the board; in
20 developing the schedule, consideration must be given to the
21 seriousness of the deficiencies and the ability of the board
22 to obtain the necessary funds; or
23 (b) After 30 calendar days' notice to the board, order
24 all or a portion of the educational or ancillary plant
25 withdrawn from use until the deficiencies are corrected.
26 (4) ADDITIONAL STANDARDS.--The State Fire Marshal
27 shall adopt and administer rules prescribing the following
28 standards for the safety and health of occupants of
29 educational and ancillary plants:
30 (a) The designation of serious life safety hazards,
31 including, but not limited to, nonfunctional fire alarm
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1 systems, nonfunctional fire sprinkler systems, doors with
2 padlocks or other locks or devices that preclude egress at any
3 time, inadequate exits, hazardous electrical system
4 conditions, potential structural failure, and storage
5 conditions that create a fire hazard. Other conditions may be
6 identified as serious by the inspection authority.
7 (b) The occupant load in number of persons for whom
8 means of egress and other requirements are to be provided to
9 be determined on the basis of the following occupant load
10 factors or the maximum probable population of any room or
11 section under consideration, whichever is greater:
12 1. Classrooms: one person for each 20 net square feet.
13 2. Shops, laboratories, and similar vocational rooms:
14 one person for each 50 net square feet.
15 (c) The proper placement of functional smoke and heat
16 detectors and accessible, unexpired fire extinguishers.
17 (d) The maintenance of fire doors without doorstops or
18 wedges improperly holding them open.
19 Section 3. Subsection (7) is added to section 633.01,
20 Florida Statutes, to read:
21 633.01 State Fire Marshal; powers and duties; rules.--
22 (7) The State Fire Marshal shall adopt and administer
23 rules prescribing standards for the safety and health of
24 occupants of educational and ancillary facilities in
25 accordance with ss. 235.06 and 235.26.
26 Section 4. This act shall take effect July 1, 2001.
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2 HOUSE SUMMARY
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Creates a school safety accountability program.
4 Identifies best safety and security practices in schools
and school districts and requires audits of the adoption
5 and implementation of such practices. In response to
audit recommendations, requires the adoption and
6 implementation of an action plan and provides procedures
and penalties for failure to adopt or implement. Provides
7 for enrollment and funding with respect to a school
safety choice program. Requires a toll-free school safety
8 hotline.
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Transfers responsibility for the adoption and
10 administration of rules prescribing standards for
educational facilities from the Commissioner of Education
11 to the State Fire Marshal.
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