HB 829

1	A bill to be entitled
2	An act relating to public school safety; amending s.
3	1006.13, F.S.; revising requirements of district school
4	board policies of zero tolerance for crime and
5	victimization; authorizing expulsion, suspension, or
6	placement in an alternative program of students found to
7	have committed certain offenses; requiring consideration
8	on a case-by-case basis; revising guidelines for reporting
9	certain acts; requiring appropriate continuing educational
10	services for student offenders; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 1006.13, Florida Statutes, is amended
16	to read:
17	1006.13  Policy of zero tolerance that addresses for crime
18	and victimization.--
19	(1)  Each district school board shall adopt a policy of
20	zero tolerance that addresses for:
21	(a)  Crime and substance abuse, including the reporting of
22	delinquent acts and crimes occurring whenever and wherever
23	students are under the jurisdiction of the district school
24	board.
25	(b)  Victimization of students, including taking
26	appropriate all steps necessary to protect the victims victim of
27	any violent crime from any further victimization.
28	(2)  The zero-tolerance zero tolerance policy may shall
29	require a student students found to have committed one of the
30	following offenses to be expelled or suspended, with or without
31	continuing educational services, from the student's regular
32	school or for a period of not less than 1 full year, and to be
33	referred to the criminal justice or juvenile justice system;
34	however, if a referred student is not prosecuted or is found not
35	guilty, the student shall be returned to the student's regular
36	school:.
37	(a)  Bringing a firearm or weapon, as defined in chapter
38	790, to school, to any school function, or onto any school-
39	sponsored transportation or possessing a firearm at school.
40	(b)  Making a threat or false report, as defined by ss.
41	790.162 and 790.163, respectively, involving school or school
42	personnel's property, school transportation, or a school-
43	sponsored activity.
44
45	The district school board boards may assign the student to a
46	disciplinary program for the purpose of continuing educational
47	services during the period of expulsion or suspension. The
48	district school superintendent shall superintendents may
49	consider the 1-year expulsion or suspension requirement on a
50	case-by-case basis and request the district school board to
51	assign modify the requirement by assigning the student to a
52	disciplinary program or second chance school if the request for
53	modification is in writing and it is determined to be in the
54	best interest of the student and the school system. If a student
55	committing any of the offenses in this subsection is a student
56	with a disability, the district school board shall comply with
57	applicable State Board of Education rules.
58	(3)  Each district school board shall enter into agreements
59	with the county sheriff's office and local police department
60	specifying guidelines for ensuring that felonies and violent
61	misdemeanors, whether committed by a student or adult, and
62	delinquent acts that would be felonies or violent misdemeanors
63	if committed by an adult, are reported to law enforcement if
64	they involve conduct that poses a serious threat to school
65	safety. Each district school board shall adopt a cooperative
66	agreement, pursuant to s. 1003.52(13) with the Department of
67	Juvenile Justice, that specifies guidelines for ensuring that
68	all no contact orders entered by the court are reported and
69	enforced and that all steps necessary are taken to protect the
70	victim of any such crime. Such agreements shall include the role
71	of school resource officers, if applicable, in handling reported
72	incidents, special circumstances in which school officials may
73	handle incidents without filing a report to law enforcement, and
74	a procedure for ensuring that school personnel properly report
75	appropriate delinquent acts and crimes. The school principal
76	shall be responsible for ensuring that all school personnel are
77	properly informed as to their responsibilities regarding crime
78	reporting, that appropriate delinquent acts and crimes involving
79	conduct that poses a serious threat to school safety are
80	properly reported, and that actions taken in cases with special
81	circumstances are properly taken and documented.
82	(4)  Notwithstanding any other provision of law, each
83	district school board shall adopt rules providing that any
84	student found to have committed a violation of s. 784.081 may s.
85	784.081(1), (2), or (3) shall be expelled, suspended, or placed
86	in an alternative school setting or other program with
87	appropriate continuing educational services, as appropriate.
88	Upon being charged with the offense, the student shall be
89	removed from the classroom immediately and placed in an
90	alternative school setting pending disposition.
91	(5)(a)  Notwithstanding any provision of law prohibiting
92	the disclosure of the identity of a minor, whenever any student
93	who is attending public school is adjudicated guilty of or
94	delinquent for, or is found to have committed, regardless of
95	whether adjudication is withheld, or pleads guilty or nolo
96	contendere to, a felony violation of:
97	1.  Chapter 782, relating to homicide;
98	2.  Chapter 784, relating to assault, battery, and culpable
99	negligence;
100	3.  Chapter 787, relating to kidnapping, false
101	imprisonment, luring or enticing a child, and custody offenses;
102	4.  Chapter 794, relating to sexual battery;
103	5.  Chapter 800, relating to lewdness and indecent
104	exposure;
105	6.  Chapter 827, relating to abuse of children;
106	7.  Section 812.13, relating to robbery;
107	8.  Section 812.131, relating to robbery by sudden
108	snatching;
109	9.  Section 812.133, relating to carjacking; or
110	10.  Section 812.135, relating to home-invasion robbery,
111
112	and, before or at the time of such adjudication, withholding of
113	adjudication, or plea, the offender was attending a school
114	attended by the victim or a sibling of the victim of the
115	offense, the Department of Juvenile Justice shall notify the
116	appropriate district school board of the adjudication or plea,
117	the requirements of this paragraph, and whether the offender is
118	prohibited from attending that school or riding on a school bus
119	whenever the victim or a sibling of the victim is attending the
120	same school or riding on the same school bus, except as provided
121	pursuant to a written disposition order under s. 985.455(2).
122	Upon receipt of such notice, the district school board shall
123	take appropriate action to effectuate the provisions of
124	paragraph (b).
125	(b)  Any offender described in paragraph (a), who is not
126	exempted as provided in paragraph (a), shall not attend any
127	school attended by the victim or a sibling of the victim of the
128	offense or ride on a school bus on which the victim or a sibling
129	of the victim is riding. The offender shall be permitted by the
130	district school board to attend another school within the
131	district in which the offender resides, provided the other
132	school is not attended by the victim or sibling of the victim of
133	the offense; or the offender may be permitted by another
134	district school board to attend a school in that district if the
135	offender is unable to attend any school in the district in which
136	the offender resides.
137	(c)  If the offender is unable to attend any other school
138	in the district in which the offender resides and is prohibited
139	from attending school in another school district, the district
140	school board in the school district in which the offender
141	resides shall take every reasonable precaution to keep the
142	offender separated from the victim while on school grounds or on
143	school transportation. The steps to be taken by a district
144	school board to keep the offender separated from the victim
145	shall include, but are not limited to, in-school suspension of
146	the offender and the scheduling of classes, lunch, or other
147	school activities of the victim and the offender so as not to
148	coincide.
149	(d)  The offender, or the parents of the offender if the
150	offender is a juvenile, shall be responsible for arranging and
151	paying for transportation associated with or required by the
152	offender's attending another school or that would be required as
153	a consequence of the prohibition against riding on a school bus
154	on which the victim or a sibling of the victim is riding.
155	However, the offender or the parents of the offender shall not
156	be charged for existing modes of transportation that can be used
157	by the offender at no additional cost to the district school
158	board.
159	(e)  Notwithstanding paragraphs (b), (c), and (d), the
160	district school board must ensure that the offender continues to
161	receive appropriate educational services.
162	Section 2.  This act shall take effect July 1, 2008.

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