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.