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A bill to be entitled

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An act relating to public school student discipline;

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amending s. 1006.09, F.S.; revising disciplinary actions

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that may be taken against a student who is charged with a

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felony, or a delinquent act that would be a felony if

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committed by an adult, for an incident that allegedly

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occurred on property other than public school property;

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authorizing actions upon court determination of guilt;

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providing actions when a student has been the victim of a

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violent crime perpetrated by another student who attends

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the same school; requiring specified administrative

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hearings; providing an effective date.

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

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     Section 1.  Subsections (2) and (4) of section 1006.09,

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Florida Statutes, are amended to read:

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     1006.09  Duties of school principal relating to student

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discipline and school safety.--

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     (2) Suspension proceedings, pursuant to rules of the State

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Board of Education, may be initiated against any enrolled student

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who is formally charged with a felony, or with a delinquent act

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which would be a felony if committed by an adult, by a proper

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prosecuting attorney for an incident which allegedly occurred on

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property other than public school property, if that incident is

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shown, in an administrative hearing with notice provided to the

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parents of the student by the principal of the school pursuant to

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rules adopted by the State Board of Education and to rules

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developed pursuant to s. 1001.54, to have an adverse impact on

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the educational program, discipline, or welfare in the school in

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which the student is enrolled. Any student who is suspended as

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the result of such proceedings may be suspended from all classes

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of instruction on public school grounds during regular classroom

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hours for a period of time, which may exceed 10 days, as

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determined by the district school superintendent. The suspension

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shall not affect the delivery of educational services to the

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student, and the student shall be immediately enrolled in a

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daytime alternative education program, or an evening alternative

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education program, where appropriate. If a the court determines

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that a the student committed a did commit the felony or

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delinquent act that which would have been a felony if committed

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by an adult and the incident occurred on property other than

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public school property, the district school board may expel the

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student if the incident is shown, in an administrative hearing

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pursuant to chapter 120, to have an adverse impact on the

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educational program, discipline, or welfare in the school in

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which the student is enrolled. The, provided that expulsion under

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this subsection shall not affect the delivery of educational

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services to the student in any residential, nonresidential,

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alternative, daytime, or evening program outside of the regular

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school setting. Any student who is subject to discipline or

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expulsion for unlawful possession or use of any substance

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controlled under chapter 893 may be entitled to a waiver of the

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discipline or expulsion:

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     (a)  If the student divulges information leading to the

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arrest and conviction of the person who supplied the controlled

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substance to him or her, or if the student voluntarily discloses

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his or her unlawful possession of the controlled substance prior

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to his or her arrest. Any information divulged which leads to

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arrest and conviction is not admissible in evidence in a

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subsequent criminal trial against the student divulging the

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information.

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     (b)  If the student commits himself or herself, or is

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referred by the court in lieu of sentence, to a state-licensed

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drug abuse program and successfully completes the program.

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     (4)  When a student has been the victim of a violent crime

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perpetrated by another student who attends the same school,

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suspension proceedings established in State Board of Education

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rule may be initiated against the enrolled student who is

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formally charged with a felony, or with a delinquent act that

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would be a felony if committed by an adult, by a proper

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prosecuting attorney for an incident that allegedly occurred on

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property other than public school property if that incident is

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shown in an administrative hearing pursuant to chapter 120, with

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notice provided to the parents of the student by the school

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principal according to rules adopted by the state board and rules

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established under s. 1001.54, to have an adverse impact on the

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educational program, discipline, or welfare in the school in

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which the student is enrolled. Any student who is suspended as a

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result of such proceedings may be suspended from all classes of

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instruction on public school grounds during regular classroom

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hours for a period of time, which may exceed 10 days, as

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determined by the district school superintendent. The suspension

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shall not affect the delivery of educational services to the

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student, and the student shall be immediately enrolled in a

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daytime alternative education program or an evening alternative

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education program, where appropriate. The school principal shall

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make full and effective use of the provisions of this subsection

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(2) and s. 1006.13(5). A school principal who fails to comply

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with this subsection shall be ineligible for any portion of the

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performance pay policy incentive or the differentiated pay under

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s. 1012.22. However, if any party responsible for notification

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fails to properly notify the school, the school principal shall

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be eligible for the incentive or differentiated pay.

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     Section 2.  This act shall take effect July 1, 2008.