HB 1121

1
A bill to be entitled
2An act relating to the supervision of public school
3students; amending s. 1003.31, F.S.; revising provisions
4relating to the supervision of students who are en route
5to or from school; requiring a district school board
6policy for the protection of certain students; providing
7penalties for student violation of the policy; providing
8that certain actions do not constitute the assumption of
9a legal duty; providing an effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Subsections (1) and (2) of section 1003.31,
14Florida Statutes, are amended to read:
15     1003.31  Students subject to control of school.--
16     (1)  Subject to law and rules of the State Board of
17Education and of the district school board, each student
18enrolled in a school shall:
19     (a)  During the time she or he is being transported to or
20from school at public expense;
21     (b)  During the time she or he is attending school;
22     (c)  During the time she or he is on the school premises
23participating with authorization in a school-sponsored activity;
24and
25     (d)  During a reasonable time before and after the student
26is on the premises for attendance at school or for authorized
27participation in a school-sponsored activity, and only when on
28the premises,
29
30be under the control and direction of the principal or teacher
31in charge of the school, and under the immediate control and
32direction of the teacher or other member of the instructional
33staff or of the bus driver to whom such responsibility may be
34assigned by the principal. However, The State Board of Education
35or the district school board may, by rules, subject each student
36to the control and direction of the principal or teacher in
37charge of the school during the time the student she or he is
38otherwise en route to or from school or is presumed by law to be
39attending school. However, each district school board shall
40establish, by rule, a policy for the protection of students
41traveling on foot or by a nonmotorized vehicle, such as a
42bicycle or scooter, to or from school or to a school bus stop. A
43student who violates the policy shall be subject to disciplinary
44action and may be subject to criminal penalties if the actions
45associated with the violation constitute a crime. This
46requirement does not constitute the assumption of a legal duty
47on the part of the district school board, school officials, or
48school personnel to supervise students outside the times set
49forth in paragraphs (a)-(d). Each district school board, each
50district school superintendent, and each school principal shall
51fully support the authority of teachers, according to s.
521003.32, and school bus drivers to remove disobedient,
53disrespectful, violent, abusive, uncontrollable, or disruptive
54students from the classroom and the school bus and, when
55appropriate and available, place such students in an alternative
56educational setting.
57     (2)  There is a rebuttable presumption that, as used in
58subsection (1), the term "reasonable time" means 30 minutes
59before or after the activity is scheduled or actually begins or
60ends, whichever period is longer. A school or district school
61board may, by policy or other formal action, assume a longer
62period of supervision. Casual or incidental contact between
63school district personnel and students on school property does
64shall not create result in a legal duty to supervise outside of
65the reasonable times set forth in subsection (1) if this
66section, provided that parents are shall be advised in writing
67twice per year or by posted signs of the school's formal
68supervisory responsibility and that parents should not rely on
69additional supervision. The duty of supervision does shall not
70extend to anyone other than students attending school and
71students authorized to participate in school-sponsored
72activities.
73     Section 2.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.