HB 499

1	A bill to be entitled
2	An act relating to public school student discipline;
3	amending s. 1006.09, F.S.; revising disciplinary actions
4	that may be taken against a student who is charged with a
5	felony, or a delinquent act that would be a felony if
6	committed by an adult, for an incident that allegedly
7	occurred on property other than public school property;
8	authorizing actions upon court determination of guilt;
9	providing actions when a student has been the victim of a
10	violent crime perpetrated by another student who attends
11	the same school; requiring specified administrative
12	hearings; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Subsections (2) and (4) of section 1006.09,
17	Florida Statutes, are amended to read:
18	1006.09  Duties of school principal relating to student
19	discipline and school safety.--
20	(2)  Suspension proceedings, pursuant to rules of the State
21	Board of Education, may be initiated against any enrolled
22	student who is formally charged with a felony, or with a
23	delinquent act which would be a felony if committed by an adult,
24	by a proper prosecuting attorney for an incident which allegedly
25	occurred on property other than public school property, if that
26	incident is shown, in an administrative hearing with notice
27	provided to the parents of the student by the principal of the
28	school pursuant to rules adopted by the State Board of Education
29	and to rules developed pursuant to s. 1001.54, to have an
30	adverse impact on the educational program, discipline, or
31	welfare in the school in which the student is enrolled. Any
32	student who is suspended as the result of such proceedings may
33	be suspended from all classes of instruction on public school
34	grounds during regular classroom hours for a period of time,
35	which may exceed 10 days, as determined by the district school
36	superintendent. The suspension shall not affect the delivery of
37	educational services to the student, and the student shall be
38	immediately enrolled in a daytime alternative education program,
39	or an evening alternative education program, where appropriate.
40	If a the court determines that a the student committed a did
41	commit the felony or delinquent act that which would have been a
42	felony if committed by an adult and the incident occurred on
43	property other than public school property, the district school
44	board may expel the student if the incident is shown, in an
45	administrative hearing pursuant to chapter 120, to have an
46	adverse impact on the educational program, discipline, or
47	welfare in the school in which the student is enrolled. The,
48	provided that expulsion under this subsection shall not affect
49	the delivery of educational services to the student in any
50	residential, nonresidential, alternative, daytime, or evening
51	program outside of the regular school setting. Any student who
52	is subject to discipline or expulsion for unlawful possession or
53	use of any substance controlled under chapter 893 may be
54	entitled to a waiver of the discipline or expulsion:
55	(a)  If the student divulges information leading to the
56	arrest and conviction of the person who supplied the controlled
57	substance to him or her, or if the student voluntarily discloses
58	his or her unlawful possession of the controlled substance prior
59	to his or her arrest. Any information divulged which leads to
60	arrest and conviction is not admissible in evidence in a
61	subsequent criminal trial against the student divulging the
62	information.
63	(b)  If the student commits himself or herself, or is
64	referred by the court in lieu of sentence, to a state-licensed
65	drug abuse program and successfully completes the program.
66	(4)  When a student has been the victim of a violent crime
67	perpetrated by another student who attends the same school,
68	suspension proceedings established in State Board of Education
69	rule may be initiated against the enrolled student who is
70	formally charged with a felony, or with a delinquent act that
71	would be a felony if committed by an adult, by a proper
72	prosecuting attorney for an incident that allegedly occurred on
73	property other than public school property if that incident is
74	shown in an administrative hearing pursuant to chapter 120, with
75	notice provided to the parents of the student by the school
76	principal according to rules adopted by the state board and
77	rules established under s. 1001.54, to have an adverse impact on
78	the educational program, discipline, or welfare in the school in
79	which the student is enrolled. Any student who is suspended as a
80	result of such proceedings may be suspended from all classes of
81	instruction on public school grounds during regular classroom
82	hours for a period of time, which may exceed 10 days, as
83	determined by the district school superintendent. The suspension
84	shall not affect the delivery of educational services to the
85	student, and the student shall be immediately enrolled in a
86	daytime alternative education program or an evening alternative
87	education program, where appropriate. The school principal shall
88	make full and effective use of the provisions of this subsection
89	(2) and s. 1006.13(5). A school principal who fails to comply
90	with this subsection shall be ineligible for any portion of the
91	performance pay policy incentive or the differentiated pay under
92	s. 1012.22. However, if any party responsible for notification
93	fails to properly notify the school, the school principal shall
94	be eligible for the incentive or differentiated pay.
95	Section 2.  This act shall take effect July 1, 2008.

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