Florida Senate - 2009               CS for CS for CS for SB 1540
       
       
       
       By the Committees on Judiciary; Criminal Justice; and Education
       Pre-K - 12; and Senators Wise and Sobel
       
       
       
       590-05183-09                                          20091540c3
    1                        A bill to be entitled                      
    2         An act relating to zero-tolerance policies; amending
    3         s. 1002.20, F.S.; conforming cross-references;
    4         requiring that a district school board having a policy
    5         authorizing corporal punishment as a form of
    6         discipline review its policy on corporal punishment at
    7         specified intervals; requiring that such review be
    8         conducted at a district school board meeting held
    9         pursuant to state law; requiring that the district
   10         school board take public testimony at such meeting;
   11         providing for the expiration of a district school
   12         board’s policy authorizing corporal punishment under
   13         certain circumstances; amending s. 1006.09, F.S.;
   14         conforming cross-references; amending s. 1006.13,
   15         F.S.; providing legislative intent and findings;
   16         revising the requirements for zero-tolerance policies;
   17         deleting provisions relating to agreements with the
   18         county sheriff’s office and local police departments;
   19         requiring that such agreements specify guidelines for
   20         addressing acts that pose a serious threat to school
   21         safety; providing that zero-tolerance policies do not
   22         require the reporting of petty acts of misconduct and
   23         misdemeanors to a law enforcement agency; requiring
   24         each district school board to adopt a cooperative
   25         agreement with the Department of Juvenile Justice
   26         which establishes certain guidelines; requiring that
   27         any disciplinary or prosecutorial action taken against
   28         a student who violates a zero-tolerance policy be
   29         based on the particular circumstances surrounding the
   30         student’s misconduct; encouraging school districts to
   31         use alternatives to expulsion or referral to law
   32         enforcement agencies unless using such alternatives
   33         will pose a threat to school safety; providing an
   34         effective date.
   35  
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Paragraph (c) of subsection (4) and subsection
   39  (5) of section 1002.20, Florida Statutes, are amended to read:
   40         1002.20 K-12 student and parent rights.—Parents of public
   41  school students must receive accurate and timely information
   42  regarding their child’s academic progress and must be informed
   43  of ways they can help their child to succeed in school. K-12
   44  students and their parents are afforded numerous statutory
   45  rights including, but not limited to, the following:
   46         (4) DISCIPLINE.—
   47         (c) Corporal punishment.—
   48         1. In accordance with the provisions of s. 1003.32,
   49  corporal punishment of a public school student may only be
   50  administered by a teacher or school principal within guidelines
   51  of the school principal and according to district school board
   52  policy. Another adult must be present and must be informed in
   53  the student’s presence of the reason for the punishment. Upon
   54  request, the teacher or school principal must provide the parent
   55  with a written explanation of the reason for the punishment and
   56  the name of the other adult who was present.
   57         2.A district school board having a policy authorizing the
   58  use of corporal punishment as a form of discipline shall review
   59  its policy on corporal punishment once every 3 years during a
   60  district school board meeting held pursuant to s. 1001.372. The
   61  district school board shall take public testimony at the board
   62  meeting. If such board meeting is not held in accordance with
   63  this subparagraph, the portion of the district school board’s
   64  policy authorizing corporal punishment expires.
   65         (5) SAFETY.—In accordance with the provisions of s.
   66  1006.13(6) s. 1006.13(5), students who have been victims of
   67  certain felony offenses by other students, as well as the
   68  siblings of the student victims, have the right to be kept
   69  separated from the student offender both at school and during
   70  school transportation.
   71         Section 2. Subsection (4) of section 1006.09, Florida
   72  Statutes, is amended to read:
   73         1006.09 Duties of school principal relating to student
   74  discipline and school safety.—
   75         (4) When a student has been the victim of a violent crime
   76  perpetrated by another student who attends the same school, the
   77  school principal shall make full and effective use of the
   78  provisions of subsection (2) and s. 1006.13(6) s. 1006.13(5). A
   79  school principal who fails to comply with this subsection shall
   80  be ineligible for any portion of the performance pay policy
   81  incentive or the differentiated pay under s. 1012.22. However,
   82  if any party responsible for notification fails to properly
   83  notify the school, the school principal shall be eligible for
   84  the incentive or differentiated pay.
   85         Section 3. Section 1006.13, Florida Statutes, is amended to
   86  read:
   87         1006.13 Policy of zero tolerance for crime and
   88  victimization.—
   89         (1) It is the intent of the Legislature to promote a safe
   90  and supportive learning environment in schools, to protect
   91  students and staff from conduct that poses a serious threat to
   92  school safety, and to encourage schools to use alternatives to
   93  expulsion or referral to law enforcement agencies by addressing
   94  disruptive behavior through restitution, civil citation, teen
   95  court, neighborhood restorative justice, or similar programs.
   96  The Legislature finds that zero-tolerance policies are not
   97  intended to be rigorously applied to petty acts of misconduct
   98  and misdemeanors, including, but not limited to, minor fights or
   99  disturbances. The Legislature finds that zero-tolerance policies
  100  must apply equally to all students regardless of their economic
  101  status, race, or disability.
  102         (2)(1) Each district school board shall adopt a policy of
  103  zero tolerance that for:
  104         (a) Defines criteria for reporting to a law enforcement
  105  agency any act that occurs whenever or wherever students are
  106  within the jurisdiction of the district school board.
  107         (b)Defines acts that pose a serious threat to school
  108  safety.
  109         (c)Defines petty acts of misconduct. Crime and substance
  110  abuse, including the reporting of delinquent acts and crimes
  111  occurring whenever and wherever students are under the
  112  jurisdiction of the district school board.
  113         (d)(b)Minimizes the victimization of students, staff, or
  114  volunteers, including taking all steps necessary to protect the
  115  victim of any violent crime from any further victimization.
  116         (e)Establishes a procedure that provides each student with
  117  the opportunity for a review of the disciplinary action imposed
  118  pursuant to s. 1006.07.
  119         (3)(2)Zero-tolerance policies must The zero tolerance
  120  policy shall require students found to have committed one of the
  121  following offenses to be expelled, with or without continuing
  122  educational services, from the student’s regular school for a
  123  period of not less than 1 full year, and to be referred to the
  124  criminal justice or juvenile justice system.
  125         (a) Bringing a firearm or weapon, as defined in chapter
  126  790, to school, to any school function, or onto any school
  127  sponsored transportation or possessing a firearm at school.
  128         (b) Making a threat or false report, as defined by ss.
  129  790.162 and 790.163, respectively, involving school or school
  130  personnel’s property, school transportation, or a school
  131  sponsored activity.
  132  
  133  District school boards may assign the student to a disciplinary
  134  program for the purpose of continuing educational services
  135  during the period of expulsion. District school superintendents
  136  may consider the 1-year expulsion requirement on a case-by-case
  137  basis and request the district school board to modify the
  138  requirement by assigning the student to a disciplinary program
  139  or second chance school if the request for modification is in
  140  writing and it is determined to be in the best interest of the
  141  student and the school system. If a student committing any of
  142  the offenses in this subsection is a student who has with a
  143  disability, the district school board shall comply with
  144  applicable State Board of Education rules.
  145         (4)(a)(3) Each district school board shall enter into
  146  agreements with the county sheriff’s office and local police
  147  department specifying guidelines for ensuring that acts that
  148  pose a serious threat to school safety felonies and violent
  149  misdemeanors, whether committed by a student or adult, and
  150  delinquent acts that would be felonies or violent misdemeanors
  151  if committed by an adult, are reported to a law enforcement
  152  agency. Each district school board shall adopt a cooperative
  153  agreement, pursuant to s. 1003.52(13) with the Department of
  154  Juvenile Justice, that specifies guidelines for ensuring that
  155  all no contact orders entered by the court are reported and
  156  enforced and that all steps necessary are taken to protect the
  157  victim of any such crime. Such
  158         (b)The agreements must shall include the role of school
  159  resource officers, if applicable, in handling reported
  160  incidents, special circumstances in which school officials may
  161  handle incidents without filing a report with a to law
  162  enforcement agency, and a procedure for ensuring that school
  163  personnel properly report appropriate delinquent acts and
  164  crimes.
  165         (c)Zero-tolerance policies do not require the reporting of
  166  petty acts of misconduct and misdemeanors to a law enforcement
  167  agency, including, but not limited to, disorderly conduct,
  168  disrupting a school function, simple assault or battery, affray,
  169  theft of less than $300, trespassing, and vandalism of less than
  170  $1,000.
  171         (d) The school principal shall ensure be responsible for
  172  ensuring that all school personnel are properly informed as to
  173  their responsibilities regarding crime reporting, that
  174  appropriate delinquent acts and crimes are properly reported,
  175  and that actions taken in cases with special circumstances are
  176  properly taken and documented.
  177         (5)(4) Notwithstanding any other provision of law, each
  178  district school board shall adopt rules providing that any
  179  student found to have committed any offense in a violation of s.
  180  784.081(1), (2), or (3) shall be expelled or placed in an
  181  alternative school setting or other program, as appropriate.
  182  Upon being charged with the offense, the student shall be
  183  removed from the classroom immediately and placed in an
  184  alternative school setting pending disposition.
  185         (6)(5)(a) Notwithstanding any provision of law prohibiting
  186  the disclosure of the identity of a minor, whenever any student
  187  who is attending a public school is adjudicated guilty of or
  188  delinquent for, or is found to have committed, regardless of
  189  whether adjudication is withheld, or pleads guilty or nolo
  190  contendere to, a felony violation of:
  191         1. Chapter 782, relating to homicide;
  192         2. Chapter 784, relating to assault, battery, and culpable
  193  negligence;
  194         3. Chapter 787, relating to kidnapping, false imprisonment,
  195  luring or enticing a child, and custody offenses;
  196         4. Chapter 794, relating to sexual battery;
  197         5. Chapter 800, relating to lewdness and indecent exposure;
  198         6. Chapter 827, relating to abuse of children;
  199         7. Section 812.13, relating to robbery;
  200         8. Section 812.131, relating to robbery by sudden
  201  snatching;
  202         9. Section 812.133, relating to carjacking; or
  203         10. Section 812.135, relating to home-invasion robbery,
  204  
  205  and, before or at the time of such adjudication, withholding of
  206  adjudication, or plea, the offender was attending a school
  207  attended by the victim or a sibling of the victim of the
  208  offense, the Department of Juvenile Justice shall notify the
  209  appropriate district school board of the adjudication or plea,
  210  the requirements in of this paragraph, and whether the offender
  211  is prohibited from attending that school or riding on a school
  212  bus whenever the victim or a sibling of the victim is attending
  213  the same school or riding on the same school bus, except as
  214  provided pursuant to a written disposition order under s.
  215  985.455(2). Upon receipt of such notice, the district school
  216  board shall take appropriate action to effectuate the provisions
  217  in of paragraph (b).
  218         (b) Each district school board shall adopt a cooperative
  219  agreement with the Department of Juvenile Justice which
  220  establishes guidelines for ensuring that any no contact order
  221  entered by a court is reported and enforced and that all of the
  222  necessary steps are taken to protect the victim of the offense.
  223  Any offender described in paragraph (a), who is not exempted as
  224  provided in paragraph (a), may shall not attend any school
  225  attended by the victim or a sibling of the victim of the offense
  226  or ride on a school bus on which the victim or a sibling of the
  227  victim is riding. The offender shall be permitted by the
  228  district school board to attend another school within the
  229  district in which the offender resides, only if provided the
  230  other school is not attended by the victim or sibling of the
  231  victim of the offense; or the offender may be permitted by
  232  another district school board to attend a school in that
  233  district if the offender is unable to attend any school in the
  234  district in which the offender resides.
  235         (c) If the offender is unable to attend any other school in
  236  the district in which the offender resides and is prohibited
  237  from attending a school in another school district, the district
  238  school board in the school district in which the offender
  239  resides shall take every reasonable precaution to keep the
  240  offender separated from the victim while on school grounds or on
  241  school transportation. The steps to be taken by a district
  242  school board to keep the offender separated from the victim must
  243  shall include, but are not limited to, in-school suspension of
  244  the offender and the scheduling of classes, lunch, or other
  245  school activities of the victim and the offender so as not to
  246  coincide.
  247         (d) The offender, or the parents of the offender if the
  248  offender is a juvenile, shall arrange be responsible for
  249  arranging and pay paying for transportation associated with or
  250  required by the offender’s attending another school or that
  251  would be required as a consequence of the prohibition against
  252  riding on a school bus on which the victim or a sibling of the
  253  victim is riding. However, the offender or the parents of the
  254  offender may shall not be charged for existing modes of
  255  transportation that can be used by the offender at no additional
  256  cost to the district school board.
  257         (7)Any disciplinary or prosecutorial action taken against
  258  a student who violates a zero-tolerance policy must be based on
  259  the particular circumstances of the student’s misconduct.
  260         (8)School districts are encouraged to use alternatives to
  261  expulsion or referral to law enforcement agencies unless the use
  262  of such alternatives will pose a threat to school safety.
  263         Section 4. This act shall take effect July 1, 2009.