Senate Bill sb0186

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 186

    By Senator Klein





    28-247A-02                                           See HB 53

  1                      A bill to be entitled

  2         An act relating to in-school suspension;

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

  4         definition of the term "in-school suspension"

  5         to include an additional alternative program;

  6         creating s. 230.23155, F.S.; providing funding

  7         for the establishment of School-based

  8         Alternative to Suspension Programs (SASPs);

  9         providing a process for applying to the

10         Commissioner of Education for funds to

11         establish and conduct a SASP; providing program

12         requirements; requiring an annual report;

13         providing for future repeal; providing an

14         effective date.

15

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

17

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

19  228.041, Florida Statutes, is amended to read:

20         228.041  Definitions.--Specific definitions shall be as

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

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

23         (25)  SUSPENSION.--

24         (b)  In-school suspension is the temporary removal of a

25  student from the student's regular school program and

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

27  ss. s. 230.2316 and 230.23155, under the supervision of school

28  district personnel, for a period not to exceed 10 school days.

29         Section 2.  Section 230.23155, Florida Statutes, is

30  created to read:

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    Florida Senate - 2002                                   SB 186
    28-247A-02                                           See HB 53




  1         230.23155  School-based Alternative to Suspension

  2  Programs.--To provide an alternative to out-of-school

  3  suspension, the Legislature hereby appropriates the sum of

  4  $1,875,000 from the General Revenue Fund for each of fiscal

  5  years 2002-2003, 2003-2004, 2004-2005, and 2005-2006 to the

  6  Department of Education for the establishment of School-based

  7  Alternative to Suspension Programs (SASPs) according to the

  8  provisions of this section.

  9         (1)  A public school district or a consortium of

10  districts, in partnership with a local mental health care

11  agency that has expertise in youth and family counseling, may

12  apply to the Commissioner of Education for up to $75,000 per

13  SASP to establish the counseling component and conduct up to

14  five SASPs. Such an application must include:

15         (a)  A letter of support from each district's school

16  board.

17         (b)  A letter from each school's principal and school

18  advisory council committing adequate space to house the SASP

19  and pledging the school's compliance with proper program

20  implementation and utilization.

21         (c)  Letters of commitment from the school district,

22  local municipalities, local government agencies, or

23  community-based organizations, or a combination thereof, for

24  funds equaling at least one-third of the amount of the grant

25  request.

26         (d)  Letters of support from local colleges and

27  universities promising to place counseling interns in the

28  SASP.

29         (e)  Projected student outcomes.

30         (f)  A proposal for fulfilling the program requirements

31  of subsection (2).

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    Florida Senate - 2002                                   SB 186
    28-247A-02                                           See HB 53




  1         (2)  A school principal, in partnership with a local

  2  mental health care agency, may establish a SASP. A SASP must

  3  include the following components:

  4         (a)  Students participating in the SASP must be

  5  provided with academic tutoring, intake assessment,

  6  counseling, instruction in life skills, aftercare sessions,

  7  and, as indicated, referrals to appropriate community-based

  8  agencies that offer services on a sliding scale for continued

  9  individual counseling, family counseling, or both.

10         (b)  The school day for the SASP must be at least the

11  length of the school day as defined by s. 228.041(13), and a

12  student who is participating in a SASP must attend for the

13  full day each day he or she is assigned to the SASP.

14         (c)  A school that has more than 2,000 students must

15  request two SASPs.

16         (d)  Space within the fixed school building must be

17  dedicated solely to the SASP. Such space must include

18  classroom space that has a phone or other means of direct

19  communication with the school administration and separate

20  office space for individual and group counseling. Minimum

21  requirements are approximately 1100 square feet.

22         (e)  The SASP staff must include, but need not be

23  limited to, a certified teacher, a counselor who has expertise

24  in youth and family counseling and who possesses a masters

25  degree, a counseling intern, and a part-time clerical

26  assistant or volunteer help.

27         (f)  SASP staff shall conduct inservice training for

28  school faculty on effective classroom management and

29  alternative, positive disciplinary techniques.

30         (3)  With the parent's permission, a student may be

31  assigned by the principal or the principal's designee to a

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    Florida Senate - 2002                                   SB 186
    28-247A-02                                           See HB 53




  1  SASP for a 5-day period, in lieu of an out-of-school

  2  suspension. At the discretion of the counseling staff, a

  3  student may be released after 3 days or, if the counseling

  4  staff considers it necessary, may be retained in the program

  5  for an additional 5-day period. A student may participate in a

  6  SASP a maximum of three times per school year.

  7         (4)  Annually, by October 1, the counseling agency for

  8  each SASP that receives funds under this section must submit

  9  to the Commissioner of Education a report that includes, but

10  is not limited to:

11         (a)  Program expenditures.

12         (b)  Number of program referrals by grade, sex, and

13  race.

14         (c)  Number of students referred to the program one,

15  two, and three times.

16         (d)  Number of SASP students subsequently suspended out

17  of school.

18         (e)  Duplicated and unduplicated suspensions for the

19  school.

20         (f)  The dropout rate, which must be included by

21  participating high schools.

22         (g)  Principal, faculty, student, and SASP staff

23  comments regarding the effectiveness of the program.

24         (5)  By January 1, 2006, the Commissioner of Education

25  must submit to the Governor, the President of the Senate, the

26  Speaker of the House of Representatives, and the majority and

27  minority leaders of the Senate and the House of

28  Representatives an evaluation of the effectiveness of the

29  School-based Alternative to Suspension Programs.

30         (6)  This section is repealed effective July 1, 2006.

31         Section 3.  This act shall take effect July 1, 2002.

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    Florida Senate - 2002                                   SB 186
    28-247A-02                                           See HB 53




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

  2                       LEGISLATIVE SUMMARY

  3
      Revises the definition of the term "in-school suspension"
  4    to include an additional alternative. Provides funding
      for the establishment of School-based Alternative to
  5    Suspension Programs (SASPs) as an alternative to
      out-of-school suspension. Provides procedures for
  6    applying to the Commissioner of Education for funds to
      establish and conduct a SASP. Provides program
  7    requirements. Requires an annual report. Provides for
      future repeal.
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