Florida Senate - 2009 SB 1540
By Senator Wise
5-01412-09 20091540__
1 A bill to be entitled
2 An act relating to zero-tolerance policies; amending
3 ss. 1002.20 and 1006.09, F.S.; conforming cross
4 references; amending s. 1006.13, F.S.; providing
5 legislative intent and findings; revising the
6 requirements for zero-tolerance policies; deleting
7 provisions relating to agreements with the county
8 sheriff’s office and local police departments;
9 requiring that such agreements specify guidelines for
10 addressing acts that pose a serious threat to school
11 safety; prohibiting zero-tolerance policies from
12 requiring the reporting of petty acts of misconduct
13 and misdemeanors to a law enforcement agency;
14 requiring that any disciplinary or prosecutorial
15 action taken against a student who violates a zero
16 tolerance policy be based on the individual student
17 and the particular circumstances surrounding the
18 student's misconduct; encouraging school districts to
19 use alternatives to expulsion or referral to law
20 enforcement agencies unless using such alternatives
21 will pose a threat to school safety; providing an
22 effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsection (5) of section 1002.20, Florida
27 Statutes, is amended to read:
28 1002.20 K-12 student and parent rights.—Parents of public
29 school students must receive accurate and timely information
30 regarding their child's academic progress and must be informed
31 of ways they can help their child to succeed in school. K-12
32 students and their parents are afforded numerous statutory
33 rights including, but not limited to, the following:
34 (5) SAFETY.—In accordance with the provisions of s.
35 1006.13(6) s. 1006.13(5), students who have been victims of
36 certain felony offenses by other students, as well as the
37 siblings of the student victims, have the right to be kept
38 separated from the student offender both at school and during
39 school transportation.
40 Section 2. Subsection (4) of section 1006.09, Florida
41 Statutes, is amended to read:
42 1006.09 Duties of school principal relating to student
43 discipline and school safety.—
44 (4) When a student has been the victim of a violent crime
45 perpetrated by another student who attends the same school, the
46 school principal shall make full and effective use of the
47 provisions of subsection (2) and s. 1006.13(6) s. 1006.13(5). A
48 school principal who fails to comply with this subsection shall
49 be ineligible for any portion of the performance pay policy
50 incentive or the differentiated pay under s. 1012.22. However,
51 if any party responsible for notification fails to properly
52 notify the school, the school principal shall be eligible for
53 the incentive or differentiated pay.
54 Section 3. Section 1006.13, Florida Statutes, is amended to
55 read:
56 1006.13 Policy of zero tolerance for crime and
57 victimization.—
58 (1) It is the intent of the Legislature to promote a safe
59 and supportive learning environment in schools, to protect
60 students and staff from conduct that poses a serious threat to
61 school safety, and to encourage schools to use alternatives to
62 expulsion or referral to law enforcement agencies by addressing
63 disruptive behavior through restitution, civil citation, teen
64 court, neighborhood restorative justice, or similar programs.
65 The Legislature finds that zero-tolerance policies are not
66 intended to be rigorously applied to petty acts of misconduct
67 and misdemeanors, including, but not limited to, minor fights or
68 disturbances. The Legislature finds that zero-tolerance policies
69 must apply equally to all students regardless of their economic
70 status, race, or disability.
71 (2)(1) Each district school board shall adopt a policy of
72 zero tolerance that for:
73 (a) Defines criteria for reporting any act that occurs
74 whenever or wherever students are within the jurisdiction of the
75 district school board.
76 (b) Defines acts that pose a serious threat to school
77 safety.
78 (c) Defines petty acts of misconduct. Crime and substance
79 abuse, including the reporting of delinquent acts and crimes
80 occurring whenever and wherever students are under the
81 jurisdiction of the district school board.
82 (d)(b) Minimizes the victimization of students or staff,
83 including taking all steps necessary to protect the victim of
84 any violent crime from any further victimization.
85 (e) Establishes a procedure that ensures each student the
86 opportunity to appeal disciplinary action.
87 (3)(2) Zero-tolerance policies must The zero tolerance
88 policy shall require students found to have committed one of the
89 following offenses to be expelled, with or without continuing
90 educational services, from the student's regular school for a
91 period of not less than 1 full year, and to be referred to the
92 criminal justice or juvenile justice system.
93 (a) Bringing a firearm or weapon, as defined in chapter
94 790, to school, to any school function, or onto any school
95 sponsored transportation or possessing a firearm at school.
96 (b) Making a threat or false report, as defined by ss.
97 790.162 and 790.163, respectively, involving school or school
98 personnel's property, school transportation, or a school
99 sponsored activity.
100 District school boards may assign the student to a disciplinary
101 program for the purpose of continuing educational services
102 during the period of expulsion. District school superintendents
103 may consider the 1-year expulsion requirement on a case-by-case
104 basis and request the district school board to modify the
105 requirement by assigning the student to a disciplinary program
106 or second chance school if the request for modification is in
107 writing and it is determined to be in the best interest of the
108 student and the school system. If a student committing any of
109 the offenses in this subsection is a student who has with a
110 disability, the district school board shall comply with
111 applicable State Board of Education rules.
112 (4)(a)(3) Each district school board shall enter into
113 agreements with the county sheriff's office and local police
114 department specifying guidelines for ensuring that acts that
115 pose a serious threat to school safety felonies and violent
116 misdemeanors, whether committed by a student or adult, and
117 delinquent acts that would be felonies or violent misdemeanors
118 if committed by an adult, are reported to a law enforcement
119 agency. Each district school board shall adopt a cooperative
120 agreement, pursuant to s. 1003.52(13) with the Department of
121 Juvenile Justice, that specifies guidelines for ensuring that
122 all no contact orders entered by the court are reported and
123 enforced and that all steps necessary are taken to protect the
124 victim of any such crime. Such
125 (b) The agreements must shall include the role of school
126 resource officers, if applicable, in handling reported
127 incidents, special circumstances in which school officials may
128 handle incidents without filing a report with a to law
129 enforcement agency, and a procedure for ensuring that school
130 personnel properly report appropriate delinquent acts and
131 crimes.
132 (c) Zero-tolerance policies may not require the reporting
133 of petty acts of misconduct and misdemeanors to a law
134 enforcement agency, including, but not limited to, disorderly
135 conduct, disrupting a school function, simple assault or
136 battery, affray, theft of less than $300, trespassing, and
137 vandalism of less than $1,000.
138 (d) The school principal shall ensure be responsible for
139 ensuring that all school personnel are properly informed as to
140 their responsibilities regarding crime reporting, that
141 appropriate delinquent acts and crimes are properly reported,
142 and that actions taken in cases with special circumstances are
143 properly taken and documented.
144 (5)(4) Notwithstanding any other provision of law, each
145 district school board shall adopt rules providing that any
146 student found to have committed any offense in a violation of s.
147 784.081(1), (2), or (3) shall be expelled or placed in an
148 alternative school setting or other program, as appropriate.
149 Upon being charged with the offense, the student shall be
150 removed from the classroom immediately and placed in an
151 alternative school setting pending disposition.
152 (6)(5)(a) Notwithstanding any provision of law prohibiting
153 the disclosure of the identity of a minor, whenever any student
154 who is attending a public school is adjudicated guilty of or
155 delinquent for, or is found to have committed, regardless of
156 whether adjudication is withheld, or pleads guilty or nolo
157 contendere to, a felony violation of:
158 1. Chapter 782, relating to homicide;
159 2. Chapter 784, relating to assault, battery, and culpable
160 negligence;
161 3. Chapter 787, relating to kidnapping, false imprisonment,
162 luring or enticing a child, and custody offenses;
163 4. Chapter 794, relating to sexual battery;
164 5. Chapter 800, relating to lewdness and indecent exposure;
165 6. Chapter 827, relating to abuse of children;
166 7. Section 812.13, relating to robbery;
167 8. Section 812.131, relating to robbery by sudden
168 snatching;
169 9. Section 812.133, relating to carjacking; or
170 10. Section 812.135, relating to home-invasion robbery,
171 and, before or at the time of such adjudication, withholding of
172 adjudication, or plea, the offender was attending a school
173 attended by the victim or a sibling of the victim of the
174 offense, the Department of Juvenile Justice shall notify the
175 appropriate district school board of the adjudication or plea,
176 the requirements in of this paragraph, and whether the offender
177 is prohibited from attending that school or riding on a school
178 bus whenever the victim or a sibling of the victim is attending
179 the same school or riding on the same school bus, except as
180 provided pursuant to a written disposition order under s.
181 985.455(2). Upon receipt of such notice, the district school
182 board shall take appropriate action to effectuate the provisions
183 in of paragraph (b).
184 (b) Each district school board shall adopt a cooperative
185 agreement with the Department of Juvenile Justice which
186 establishes guidelines for ensuring that any no contact order
187 entered by a court is reported and enforced and that all of the
188 necessary steps are taken to protect the victim of the offense.
189 Any offender described in paragraph (a), who is not exempted as
190 provided in paragraph (a), may shall not attend any school
191 attended by the victim or a sibling of the victim of the offense
192 or ride on a school bus on which the victim or a sibling of the
193 victim is riding. The offender shall be permitted by the
194 district school board to attend another school within the
195 district in which the offender resides, only if provided the
196 other school is not attended by the victim or sibling of the
197 victim of the offense; or the offender may be permitted by
198 another district school board to attend a school in that
199 district if the offender is unable to attend any school in the
200 district in which the offender resides.
201 (c) If the offender is unable to attend any other school in
202 the district in which the offender resides and is prohibited
203 from attending a school in another school district, the district
204 school board in the school district in which the offender
205 resides shall take every reasonable precaution to keep the
206 offender separated from the victim while on school grounds or on
207 school transportation. The steps to be taken by a district
208 school board to keep the offender separated from the victim must
209 shall include, but are not limited to, in-school suspension of
210 the offender and the scheduling of classes, lunch, or other
211 school activities of the victim and the offender so as not to
212 coincide.
213 (d) The offender, or the parents of the offender if the
214 offender is a juvenile, shall arrange be responsible for
215 arranging and pay paying for transportation associated with or
216 required by the offender's attending another school or that
217 would be required as a consequence of the prohibition against
218 riding on a school bus on which the victim or a sibling of the
219 victim is riding. However, the offender or the parents of the
220 offender may shall not be charged for existing modes of
221 transportation that can be used by the offender at no additional
222 cost to the district school board.
223 (7) Any disciplinary or prosecutorial action taken against
224 a student who violates a zero-tolerance policy must be based on
225 the individual student and the particular circumstances of the
226 student's misconduct.
227 (8) School districts are encouraged to use alternatives to
228 expulsion or referral to law enforcement agencies unless the use
229 of such alternatives will pose a threat to school safety.
230 Section 4. This act shall take effect July 1, 2009.