1

A bill to be entitled

2

An act relating to the supervision of public school

3

students; amending s. 1003.31, F.S.; clarifying

4

provisions concerning the supervision of students who

5

are en route to or from school; providing that a

6

district school board does not assume supervisory duties

7

by adopting a code of student conduct for the protection

8

of students en route to or from school; amending s.

9

1006.07, F.S.; requiring that the code of student

10

conduct adopted by district school boards include

11

provisions concerning the discipline and safety of

12

students en route to or from school; amending s.

13

1006.11, F.S.; providing that district school boards and

14

members thereof are immune from civil or criminal

15

liability for certain disciplinary actions associated

16

with implementation of rules for the protection of

17

students en route to or from school; providing an

18

effective date.

19

20

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

21

22

     Section 1.  Subsections (1) and (2) of section 1003.31,

23

Florida Statutes, are amended to read:

24

     1003.31  Students subject to control of school.--

25

     (1)  Subject to law and rules of the State Board of

26

Education and of the district school board, each student enrolled

27

in a school shall:

28

     (a)  During the time she or he is being transported to or

29

from school at public expense;

30

     (b)  During the time she or he is attending school;

31

     (c)  During the time she or he is on the school premises

32

participating with authorization in a school-sponsored activity;

33

and

34

     (d)  During a reasonable time before and after the student

35

is on the premises for attendance at school or for authorized

36

participation in a school-sponsored activity, and only when on

37

the premises,

38

39

be under the control and direction of the principal or teacher in

40

charge of the school, and under the immediate control and

41

direction of the teacher or other member of the instructional

42

staff or of the bus driver to whom such responsibility may be

43

assigned by the principal. However, the State Board of Education

44

or the district school board may, by rules, subject each student

45

to the control and direction of the principal or teacher in

46

charge of the school during the time the student she or he is

47

otherwise en route to or from school or is presumed by law to be

48

attending school. Each district school board, each district

49

school superintendent, and each school principal shall fully

50

support the authority of teachers, according to s. 1003.32, and

51

school bus drivers to remove disobedient, disrespectful, violent,

52

abusive, uncontrollable, or disruptive students from the

53

classroom and the school bus and, when appropriate and available,

54

place such students in an alternative educational setting.

55

     (2) There is a rebuttable presumption that, as used in

56

subsection (1), the term "reasonable time" means 30 minutes

57

before or after the activity is scheduled or actually begins or

58

ends, whichever period is longer. A school or district school

59

board may, by policy or other formal action, assume a longer

60

period of supervision. Casual or incidental contact between

61

school district personnel and students on school property does

62

shall not create result in a legal duty to supervise outside of

63

the reasonable times set forth in subsection (1) if this section,

64

provided that parents are shall be advised in writing twice per

65

year or by posted signs of the school's formal supervisory

66

responsibility and that parents should not rely on additional

67

supervision. The duty of supervision does shall not extend to

68

anyone other than students attending school and students

69

authorized to participate in school-sponsored activities. The

70

adoption of a code of student conduct, as described in s.

71

1006.07(2)(m), for the protection of students en route to or from

72

school does not constitute the assumption of a legal duty to

73

supervise students outside the times set forth in subsection (1)

74

unless the code of conduct specifically adopts such a duty.

75

     Section 2.  Paragraph (m) is added to subsection (2) of

76

section 1006.07, Florida Statutes, to read:

77

     1006.07  District school board duties relating to student

78

discipline and school safety.--The district school board shall

79

provide for the proper accounting for all students, for the

80

attendance and control of students at school, and for proper

81

attention to health, safety, and other matters relating to the

82

welfare of students, including:

83

     (2)  CODE OF STUDENT CONDUCT.--Adopt a code of student

84

conduct for elementary schools and a code of student conduct for

85

middle and high schools and distribute the appropriate code to

86

all teachers, school personnel, students, and parents, at the

87

beginning of every school year. Each code shall be organized and

88

written in language that is understandable to students and

89

parents and shall be discussed at the beginning of every school

90

year in student classes, school advisory council meetings, and

91

parent and teacher association or organization meetings. Each

92

code shall be based on the rules governing student conduct and

93

discipline adopted by the district school board and shall be made

94

available in the student handbook or similar publication. Each

95

code shall include, but is not limited to:

96

     (m) Notice that a student's violation of a district school

97

board policy for the protection of the health, safety, or welfare

98

of another student who is traveling on foot or by a nonmotorized

99

vehicle such as a bicycle or scooter en route to or from school

100

or a school bus stop is grounds for in-school suspension, out-of-

101

school suspension, expulsion, or imposition of other disciplinary

102

action against the violator and may also result in criminal

103

penalties being imposed if the actions associated with the

104

violation constitute a crime.

105

     Section 3.  Section 1006.11, Florida Statutes, is amended to

106

read:

107

     1006.11 Standards for use of reasonable force; liability

108

for disciplinary activities.--

109

     (1)  The State Board of Education shall adopt standards for

110

the use of reasonable force by district school board personnel to

111

maintain a safe and orderly learning environment. Such standards

112

shall be distributed to each school in the state and shall

113

provide guidance to district school board personnel in receiving

114

the limitations on liability specified in subsection (2).

115

     (2)  Except in the case of excessive force or cruel and

116

unusual punishment, a teacher or other member of the

117

instructional staff, a principal or the principal's designated

118

representative, or a school bus driver is shall not be civilly or

119

criminally liable for any action carried out in conformity with

120

the State Board of Education and district school board rules

121

regarding the control, discipline, suspension, and expulsion of

122

students, including, but not limited to, any exercise of

123

authority under s. 1003.32 or s. 1006.09.

124

     (3) A district school board or its members are not civilly

125

or criminally liable for any action regarding the control,

126

discipline, suspension, and expulsion of students which is

127

carried out in conformity with a code of student conduct that the

128

board has adopted by rule and that, as described in s.

129

1006.07(2)(m), is for the protection of students en route to or

130

from school.

131

     Section 4.  This act shall take effect July 1, 2008.