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:

26

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

31

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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.

31

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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

  3
      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.

  9
      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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