1 | A bill to be entitled |
2 | An act relating to the supervision of public school |
3 | students; amending s. 1003.31, F.S.; revising provisions |
4 | relating to the supervision of students who are en route |
5 | to or from school; requiring a district school board |
6 | policy for the protection of certain students; providing |
7 | penalties for student violation of the policy; providing |
8 | that certain actions do not constitute the assumption of |
9 | a legal duty; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Subsections (1) and (2) of section 1003.31, |
14 | Florida 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 |
17 | Education and of the district school board, each student |
18 | enrolled in a school shall: |
19 | (a) During the time she or he is being transported to or |
20 | from 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 |
23 | participating with authorization in a school-sponsored activity; |
24 | and |
25 | (d) During a reasonable time before and after the student |
26 | is on the premises for attendance at school or for authorized |
27 | participation in a school-sponsored activity, and only when on |
28 | the premises, |
29 |
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30 | be under the control and direction of the principal or teacher |
31 | in charge of the school, and under the immediate control and |
32 | direction of the teacher or other member of the instructional |
33 | staff or of the bus driver to whom such responsibility may be |
34 | assigned by the principal. However, The State Board of Education |
35 | or the district school board may, by rules, subject each student |
36 | to the control and direction of the principal or teacher in |
37 | charge of the school during the time the student she or he is |
38 | otherwise en route to or from school or is presumed by law to be |
39 | attending school. However, each district school board shall |
40 | establish, by rule, a policy for the protection of students |
41 | traveling on foot or by a nonmotorized vehicle, such as a |
42 | bicycle or scooter, to or from school or to a school bus stop. A |
43 | student who violates the policy shall be subject to disciplinary |
44 | action and may be subject to criminal penalties if the actions |
45 | associated with the violation constitute a crime. This |
46 | requirement does not constitute the assumption of a legal duty |
47 | on the part of the district school board, school officials, or |
48 | school personnel to supervise students outside the times set |
49 | forth in paragraphs (a)-(d). Each district school board, each |
50 | district school superintendent, and each school principal shall |
51 | fully support the authority of teachers, according to s. |
52 | 1003.32, and school bus drivers to remove disobedient, |
53 | disrespectful, violent, abusive, uncontrollable, or disruptive |
54 | students from the classroom and the school bus and, when |
55 | appropriate and available, place such students in an alternative |
56 | educational setting. |
57 | (2) There is a rebuttable presumption that, as used in |
58 | subsection (1), the term "reasonable time" means 30 minutes |
59 | before or after the activity is scheduled or actually begins or |
60 | ends, whichever period is longer. A school or district school |
61 | board may, by policy or other formal action, assume a longer |
62 | period of supervision. Casual or incidental contact between |
63 | school district personnel and students on school property does |
64 | shall not create result in a legal duty to supervise outside of |
65 | the reasonable times set forth in subsection (1) if this |
66 | section, provided that parents are shall be advised in writing |
67 | twice per year or by posted signs of the school's formal |
68 | supervisory responsibility and that parents should not rely on |
69 | additional supervision. The duty of supervision does shall not |
70 | extend to anyone other than students attending school and |
71 | students authorized to participate in school-sponsored |
72 | activities. |
73 | Section 2. This act shall take effect July 1, 2008. |