Senate Bill sb2632

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    Florida Senate - 2007                                  SB 2632

    By Senator Hill





    1-1302-07

  1                      A bill to be entitled

  2         An act relating to school board policies for

  3         addressing crime and victimization; amending s.

  4         1006.13, F.S.; requiring that a district school

  5         board adopt a policy of zero tolerance in

  6         addressing certain crimes and cases of

  7         victimization; providing that a student found

  8         to have committed a specified offense may be

  9         expelled, suspended, or referred to the

10         criminal justice or juvenile justice system;

11         allowing a student found not guilty to return

12         to his or her home school; authorizing a school

13         board to assign a student to a disciplinary

14         program during the period of suspension or

15         expulsion; requiring that a district school

16         superintendent consider expulsions or

17         suspensions on a case-by-case basis; deleting a

18         requirement that a request to modify a

19         student's disciplinary program be in writing;

20         requiring district school boards, county

21         sheriff's offices, and local police to enter

22         into agreements specifying guidelines for

23         reporting crimes that involve conduct that

24         poses a serious threat to school safety;

25         charging school principals with responsibility

26         for ensuring that all school personnel are

27         aware of their responsibilities regarding

28         crimes and conduct that poses a serious threat

29         to school safety; providing that students found

30         guilty of certain violations may be expelled,

31         suspended, or placed in an alternative school

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    Florida Senate - 2007                                  SB 2632
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 1         setting or other program providing appropriate

 2         educational services; requiring district school

 3         boards to ensure that an offender continues to

 4         receive appropriate educational services;

 5         providing an effective date.

 6  

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

 8  

 9         Section 1.  Section 1006.13, Florida Statutes, is

10  amended to read:

11         1006.13  Policy of zero tolerance for addressing crime

12  and victimization.--

13         (1)  Each district school board shall adopt a policy of

14  zero tolerance to address for:

15         (a)  Crime and substance abuse, including the reporting

16  of delinquent acts and crimes occurring whenever and wherever

17  students are under the jurisdiction of the district school

18  board.

19         (b)  Victimization of students, including taking

20  appropriate all steps necessary to protect the victim of a any

21  violent crime from any further victimization.

22         (2)  The zero tolerance policy may shall require that

23  students found to have committed one of the following offenses

24  to be expelled or suspended, with or without continuing

25  educational services, from the student's regular school or for

26  a period of not less than 1 full year, and to be referred to

27  the criminal justice or juvenile justice system. However, if a

28  referred student is not prosecuted or is found not guilty, the

29  student may be returned to the student's regular school.

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

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

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    Florida Senate - 2007                                  SB 2632
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 1  school-sponsored transportation or possessing a firearm at

 2  school.

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

 4  790.162 and 790.163, respectively, involving school or school

 5  personnel's property, school transportation, or a

 6  school-sponsored activity.

 7  

 8  District school boards may assign the student to a

 9  disciplinary program for the purpose of continuing educational

10  services during the period of expulsion or suspension.

11  District school superintendents shall may consider the 1-year

12  expulsion or suspension requirement on a case-by-case basis

13  and request the district school board to modify the

14  requirement by assigning the student to a disciplinary program

15  or second chance school if the request for modification is in

16  writing and it is determined to be in the best interest of the

17  student and the school system. If a student committing any of

18  the offenses in this subsection is a student with a

19  disability, the district school board shall comply with

20  applicable State Board of Education rules.

21         (3)  Each district school board shall enter into

22  agreements with the county sheriff's office and local police

23  department specifying guidelines for ensuring that felonies

24  and violent misdemeanors, whether committed by a student or

25  adult, and delinquent acts that would be felonies or violent

26  misdemeanors if committed by an adult, are reported to law

27  enforcement if it involves conduct that poses a serious threat

28  to school safety. Each district school board shall adopt a

29  cooperative agreement, pursuant to s. 1003.52(13) with the

30  Department of Juvenile Justice, that specifies guidelines for

31  ensuring that all no contact orders entered by the court are

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    Florida Senate - 2007                                  SB 2632
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 1  reported and enforced and that all steps necessary are taken

 2  to protect the victim of any such crime. Such agreements shall

 3  include the role of school resource officers, if applicable,

 4  in handling reported incidents, special circumstances in which

 5  school officials may handle incidents without filing a report

 6  to law enforcement, and a procedure for ensuring that school

 7  personnel properly report appropriate delinquent acts and

 8  crimes. The school principal shall be responsible for ensuring

 9  that all school personnel are properly informed as to their

10  responsibilities regarding crime reporting, that appropriate

11  delinquent acts and crimes that involve conduct that poses a

12  serious threat to school safety are properly reported, and

13  that actions taken in cases with special circumstances are

14  properly taken and documented.

15         (4)  Notwithstanding any other provision of law, each

16  district school board shall adopt rules providing that any

17  student found to have committed a violation of s. 784.081(1),

18  (2), or (3) may shall be expelled, suspended, or placed in an

19  alternative school setting or other program with, as

20  appropriate educational services. Upon being charged with the

21  offense, the student shall be removed from the classroom

22  immediately and placed in an alternative school setting

23  pending disposition.

24         (5)(a)  Notwithstanding any provision of law

25  prohibiting the disclosure of the identity of a minor,

26  whenever any student who is attending public school is

27  adjudicated guilty of or delinquent for, or is found to have

28  committed, regardless of whether adjudication is withheld, or

29  pleads guilty or nolo contendere to, a felony violation of:

30         1.  Chapter 782, relating to homicide;

31  

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 1         2.  Chapter 784, relating to assault, battery, and

 2  culpable negligence;

 3         3.  Chapter 787, relating to kidnapping, false

 4  imprisonment, luring or enticing a child, and custody

 5  offenses;

 6         4.  Chapter 794, relating to sexual battery;

 7         5.  Chapter 800, relating to lewdness and indecent

 8  exposure;

 9         6.  Chapter 827, relating to abuse of children;

10         7.  Section 812.13, relating to robbery;

11         8.  Section 812.131, relating to robbery by sudden

12  snatching;

13         9.  Section 812.133, relating to carjacking; or

14         10.  Section 812.135, relating to home-invasion

15  robbery,

16  

17  and, before or at the time of such adjudication, withholding

18  of adjudication, or plea, the offender was attending a school

19  attended by the victim or a sibling of the victim of the

20  offense, the Department of Juvenile Justice shall notify the

21  appropriate district school board of the adjudication or plea,

22  the requirements of this paragraph, and whether the offender

23  is prohibited from attending that school or riding on a school

24  bus whenever the victim or a sibling of the victim is

25  attending the same school or riding on the same school bus,

26  except as provided pursuant to a written disposition order

27  under s. 985.455(2). Upon receipt of such notice, the district

28  school board shall take appropriate action to effectuate the

29  provisions of paragraph (b).

30         (b)  Any offender described in paragraph (a), who is

31  not exempted as provided in paragraph (a), shall not attend

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 1  any school attended by the victim or a sibling of the victim

 2  of the offense or ride on a school bus on which the victim or

 3  a sibling of the victim is riding. The offender shall be

 4  permitted by the district school board to attend another

 5  school within the district in which the offender resides,

 6  provided the other school is not attended by the victim or

 7  sibling of the victim of the offense; or the offender may be

 8  permitted by another district school board to attend a school

 9  in that district if the offender is unable to attend any

10  school in the district in which the offender resides.

11         (c)  If the offender is unable to attend any other

12  school in the district in which the offender resides and is

13  prohibited from attending school in another school district,

14  the district school board in the school district in which the

15  offender resides shall take every reasonable precaution to

16  keep the offender separated from the victim while on school

17  grounds or on school transportation. The steps to be taken by

18  a district school board to keep the offender separated from

19  the victim shall include, but are not limited to, in-school

20  suspension of the offender and the scheduling of classes,

21  lunch, or other school activities of the victim and the

22  offender so as not to coincide.

23         (d)  The offender, or the parents of the offender if

24  the offender is a juvenile, shall be responsible for arranging

25  and paying for transportation associated with or required by

26  the offender's attending another school or that would be

27  required as a consequence of the prohibition against riding on

28  a school bus on which the victim or a sibling of the victim is

29  riding. However, the offender or the parents of the offender

30  shall not be charged for existing modes of transportation that

31  

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    Florida Senate - 2007                                  SB 2632
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 1  can be used by the offender at no additional cost to the

 2  district school board.

 3         (e)  Notwithstanding paragraph (b), paragraph (c), or

 4  paragraph (d), the district school board must ensure that the

 5  offender continues to receive appropriate educational

 6  services.

 7         Section 2.  This act shall take effect July 1, 2007.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Provides that a district school board shall adopt a
      policy of zero tolerance in addressing certain crimes and
12    cases of victimization. Provides that a student found to
      have committed a specified offense may be expelled,
13    suspended, or referred to the criminal justice or
      juvenile justice system. Provides that a student found
14    not guilty may return to his or her home school. Provides
      that school boards may assign a student to a disciplinary
15    program during the suspension or expulsion period.
      Requires that a district school superintendent consider
16    expulsions or suspensions on a case-by-case basis.
      Removes a requirement that modification requests be in
17    writing. Requires district school boards, county
      sheriff's offices, and local police to enter into
18    agreements specifying guidelines for reporting crimes
      that involve conduct that poses a serious threat to
19    school safety. Charges school principals with
      responsibility for ensuring that all school personnel are
20    aware of their responsibilities regarding crimes and
      conduct that poses a serious threat to school safety.
21    Provides that students found guilty of certain violations
      may be expelled, suspended, or placed in an alternative
22    school-setting or other program providing appropriate
      educational services. Provides that district school
23    boards must ensure that an offender continues to receive
      appropriate educational services.
24  

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