HB 493

1
A bill to be entitled
2An act relating to student discipline in public
3schools; amending s. 1002.20, F.S.; revising
4provisions relating to the rights of parents and
5public school students; prohibiting the use of
6corporal punishment as a form of discipline; amending
7s. 1003.01, F.S.; deleting the definition of the term
8"corporal punishment" to conform to changes made by
9the act; amending s. 1003.32, F.S.; deleting
10provisions relating to the authority of teachers to
11administer corporal punishment; amending s. 1006.07,
12F.S.; revising the duties of district school boards
13and the code of student conduct relating to the
14control and discipline of students; amending s.
151012.28, F.S.; deleting provisions relating to the
16authority of principals to administer corporal
17punishment; amending ss. 414.1251, 1001.11, 1002.01,
181002.20, 1002.42, 1002.43, 1003.03, 1003.26, and
191003.52, F.S.; conforming cross-references; providing
20an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Paragraph (b) of subsection (2) and paragraph
25(c) of subsection (4) of section 1002.20, Florida Statutes, are
26amended to read:
27     1002.20  K-12 student and parent rights.-Parents of public
28school students must receive accurate and timely information
29regarding their child's academic progress and must be informed
30of ways they can help their child to succeed in school. K-12
31students and their parents are afforded numerous statutory
32rights including, but not limited to, the following:
33     (2)  ATTENDANCE.-
34     (b)  Regular school attendance.-Parents of students who
35have attained the age of 6 years by February 1 of any school
36year but who have not attained the age of 16 years must comply
37with the compulsory school attendance laws. Parents have the
38option to comply with the school attendance laws by attendance
39of the student in a public school; a parochial, religious, or
40denominational school; a private school; a home education
41program; or a private tutoring program, in accordance with the
42provisions of s. 1003.01(12) 1003.01(13).
43     (4)  DISCIPLINE.-
44     (c)  Corporal punishment.-
45     1.  In accordance with the provisions of s. 1003.32,
46corporal punishment of A public school student may not be
47disciplined by the use of corporal punishment only be
48administered by a teacher or school principal within guidelines
49of the school principal and according to district school board
50policy. Another adult must be present and must be informed in
51the student's presence of the reason for the punishment. Upon
52request, the teacher or school principal must provide the parent
53with a written explanation of the reason for the punishment and
54the name of the other adult who was present.
55     2.  A district school board having a policy authorizing the
56use of corporal punishment as a form of discipline shall review
57its policy on corporal punishment once every 3 years during a
58district school board meeting held pursuant to s. 1001.372. The
59district school board shall take public testimony at the board
60meeting. If such board meeting is not held in accordance with
61this subparagraph, the portion of the district school board's
62policy authorizing corporal punishment expires.
63     Section 2.  Present subsections (8) through (16) of section
641003.01, Florida Statutes, are redesignated as subsections (7)
65through (15), respectively, and subsection (7) of that section
66is amended to read:
67     1003.01  Definitions.-As used in this chapter, the term:
68     (7)  "Corporal punishment" means the moderate use of
69physical force or physical contact by a teacher or principal as
70may be necessary to maintain discipline or to enforce school
71rule. However, the term "corporal punishment" does not include
72the use of such reasonable force by a teacher or principal as
73may be necessary for self-protection or to protect other
74students from disruptive students.
75     Section 3.  Subsection (1) of section 1003.32, Florida
76Statutes, is amended to read:
77     1003.32  Authority of teacher; responsibility for control
78of students; district school board and principal duties.-Subject
79to law and to the rules of the district school board, each
80teacher or other member of the staff of any school shall have
81such authority for the control and discipline of students as may
82be assigned to him or her by the principal or the principal's
83designated representative and shall keep good order in the
84classroom and in other places in which he or she is assigned to
85be in charge of students.
86     (1)  In accordance with this section and within the
87framework of the district school board's code of student
88conduct, teachers and other instructional personnel shall have
89the authority to undertake any of the following actions in
90managing student behavior and ensuring the safety of all
91students in their classes and school and their opportunity to
92learn in an orderly and disciplined classroom:
93     (a)  Establish classroom rules of conduct.
94     (b)  Establish and implement consequences, designed to
95change behavior, for infractions of classroom rules.
96     (c)  Have disobedient, disrespectful, violent, abusive,
97uncontrollable, or disruptive students removed from the
98classroom for behavior management intervention.
99     (d)  Have violent, abusive, uncontrollable, or disruptive
100students directed for information or assistance from appropriate
101school or district school board personnel.
102     (e)  Assist in enforcing school rules on school property,
103during school-sponsored transportation, and during school-
104sponsored activities.
105     (f)  Request and receive information as to the disposition
106of any referrals to the administration for violation of
107classroom or school rules.
108     (g)  Request and receive immediate assistance in classroom
109management if a student becomes uncontrollable or in case of
110emergency.
111     (h)  Request and receive training and other assistance to
112improve skills in classroom management, violence prevention,
113conflict resolution, and related areas.
114     (i)  Press charges if there is a reason to believe that a
115crime has been committed on school property, during school-
116sponsored transportation, or during school-sponsored activities.
117     (j)  Use reasonable force, according to standards adopted
118by the State Board of Education, to protect himself or herself
119or others from injury.
120     (k)  Use corporal punishment according to school board
121policy and at least the following procedures, if a teacher feels
122that corporal punishment is necessary:
123     1.  The use of corporal punishment shall be approved in
124principle by the principal before it is used, but approval is
125not necessary for each specific instance in which it is used.
126The principal shall prepare guidelines for administering such
127punishment which identify the types of punishable offenses, the
128conditions under which the punishment shall be administered, and
129the specific personnel on the school staff authorized to
130administer the punishment.
131     2.  A teacher or principal may administer corporal
132punishment only in the presence of another adult who is informed
133beforehand, and in the student's presence, of the reason for the
134punishment.
135     3.  A teacher or principal who has administered punishment
136shall, upon request, provide the student's parent with a written
137explanation of the reason for the punishment and the name of the
138other adult who was present.
139     Section 4.  Paragraph (a) of subsection (1) and paragraph
140(b) of subsection (2) of section 1006.07, Florida Statutes, are
141amended to read:
142     1006.07  District school board duties relating to student
143discipline and school safety.-The district school board shall
144provide for the proper accounting for all students, for the
145attendance and control of students at school, and for proper
146attention to health, safety, and other matters relating to the
147welfare of students, including:
148     (1)  CONTROL OF STUDENTS.-
149     (a)  Adopt rules for the control, discipline, in-school
150suspension, suspension, and expulsion of students and decide all
151cases recommended for expulsion. Suspension hearings are
152exempted from the provisions of chapter 120. Expulsion hearings
153shall be governed by ss. 120.569 and 120.57(2) and are exempt
154from s. 286.011. However, the student's parent must be given
155notice of the provisions of s. 286.011 and may elect to have the
156hearing held in compliance with that section. The district
157school board shall adopt may prohibit the use of corporal
158punishment, if the district school board adopts or has adopted a
159written program of alternative control or discipline which may
160include parent conferences, the revocation of student
161privileges, work detail, community service, Saturday school, and
162in-school restriction.
163     (2)  CODE OF STUDENT CONDUCT.-Adopt a code of student
164conduct for elementary schools and a code of student conduct for
165middle and high schools and distribute the appropriate code to
166all teachers, school personnel, students, and parents, at the
167beginning of every school year. Each code shall be organized and
168written in language that is understandable to students and
169parents and shall be discussed at the beginning of every school
170year in student classes, school advisory council meetings, and
171parent and teacher association or organization meetings. Each
172code shall be based on the rules governing student conduct and
173discipline adopted by the district school board and shall be
174made available in the student handbook or similar publication.
175Each code shall include, but is not limited to:
176     (b)  Procedures to be followed for acts requiring
177discipline, excluding the use of including corporal punishment.
178     Section 5.  Subsection (5) of section 1012.28, Florida
179Statutes, is amended to read:
180     1012.28  Public school personnel; duties of school
181principals.-
182     (5)  Each school principal shall perform such duties as may
183be assigned by the district school superintendent, pursuant to
184the rules of the district school board. Such rules shall
185include, but are not limited to, rules relating to
186administrative responsibility, instructional leadership in
187implementing the Sunshine State Standards and the overall
188educational program of the school to which the school principal
189is assigned, submission of personnel recommendations to the
190district school superintendent, administrative responsibility
191for records and reports, administration of corporal punishment,
192and student suspension.
193     Section 6.  Subsection (1) of section 414.1251, Florida
194Statutes, is amended to read:
195     414.1251  Learnfare program.-
196     (1)  The department shall reduce the temporary cash
197assistance for a participant's eligible dependent child or for
198an eligible teenage participant who has not been exempted from
199education participation requirements, if the eligible dependent
200child or eligible teenage participant has been identified either
201as a habitual truant, pursuant to s. 1003.01(7) 1003.01(8), or
202as a dropout, pursuant to s. 1003.01(8) 1003.01(9). For a
203student who has been identified as a habitual truant, the
204temporary cash assistance must be reinstated after a subsequent
205grading period in which the child's attendance has substantially
206improved. For a student who has been identified as a dropout,
207the temporary cash assistance must be reinstated after the
208student enrolls in a public school, receives a high school
209diploma or its equivalency, enrolls in preparation for the
210General Educational Development Tests, or enrolls in other
211educational activities approved by the district school board.
212Good cause exemptions from the rule of unexcused absences
213include the following:
214     (a)  The student is expelled from school and alternative
215schooling is not available.
216     (b)  No licensed day care is available for a child of teen
217parents subject to Learnfare.
218     (c)  Prohibitive transportation problems exist (e.g., to
219and from day care).
220
221Within 10 days after sanction notification, the participant
222parent of a dependent child or the teenage participant may file
223an internal fair hearings process review procedure appeal, and
224no sanction shall be imposed until the appeal is resolved.
225     Section 7.  Subsection (7) of section 1001.11, Florida
226Statutes, is amended to read:
227     1001.11  Commissioner of Education; other duties.-
228     (7)  The commissioner shall make prominently available on
229the department's website the following: links to the Internet-
230based clearinghouse for professional development regarding
231physical education; the school wellness and physical education
232policies and other resources required under s. 1003.453(1) and
233(2); and other Internet sites that provide professional
234development for elementary teachers of physical education as
235defined in s. 1003.01(15) 1003.01(16). These links must provide
236elementary teachers with information concerning current physical
237education and nutrition philosophy and best practices that
238result in student participation in physical activities that
239promote lifelong physical and mental well-being.
240     Section 8.  Section 1002.01, Florida Statutes, is amended
241to read:
242     1002.01  Definitions.-
243     (1)  A "home education program" means the sequentially
244progressive instruction of a student directed by his or her
245parent in order to satisfy the attendance requirements of ss.
2461002.41, 1003.01(12) 1003.01(13), and 1003.21(1).
247     (2)  A "private school" is a nonpublic school defined as an
248individual, association, copartnership, or corporation, or
249department, division, or section of such organizations, that
250designates itself as an educational center that includes
251kindergarten or a higher grade or as an elementary, secondary,
252business, technical, or trade school below college level or any
253organization that provides instructional services that meet the
254intent of s. 1003.01(12) 1003.01(13) or that gives preemployment
255or supplementary training in technology or in fields of trade or
256industry or that offers academic, literary, or career training
257below college level, or any combination of the above, including
258an institution that performs the functions of the above schools
259through correspondence or extension, except those licensed under
260the provisions of chapter 1005. A private school may be a
261parochial, religious, denominational, for-profit, or nonprofit
262school. This definition does not include home education programs
263conducted in accordance with s. 1002.41.
264     Section 9.  Paragraph (b) of subsection (2) of section
2651002.20, Florida Statutes, is amended to read:
266     1002.20  K-12 student and parent rights.-Parents of public
267school students must receive accurate and timely information
268regarding their child's academic progress and must be informed
269of ways they can help their child to succeed in school. K-12
270students and their parents are afforded numerous statutory
271rights including, but not limited to, the following:
272     (2)  ATTENDANCE.-
273     (b)  Regular school attendance.-Parents of students who
274have attained the age of 6 years by February 1 of any school
275year but who have not attained the age of 16 years must comply
276with the compulsory school attendance laws. Parents have the
277option to comply with the school attendance laws by attendance
278of the student in a public school; a parochial, religious, or
279denominational school; a private school; a home education
280program; or a private tutoring program, in accordance with the
281provisions of s. 1003.01(12) 1003.01(13).
282     Section 10.  Subsection (7) of section 1002.42, Florida
283Statutes, is amended to read:
284     1002.42  Private schools.-
285     (7)  ATTENDANCE REQUIREMENTS.-Attendance of a student at a
286private, parochial, religious, or denominational school
287satisfies the attendance requirements of ss. 1003.01(12)
2881003.01(13) and 1003.21(1).
289     Section 11.  Subsection (1) of section 1002.43, Florida
290Statutes, is amended to read:
291     1002.43  Private tutoring programs.-
292     (1)  Regular school attendance as defined in s. 1003.01(12)
2931003.01(13) may be achieved by attendance in a private tutoring
294program if the person tutoring the student meets the following
295requirements:
296     (a)  Holds a valid Florida certificate to teach the
297subjects or grades in which instruction is given.
298     (b)  Keeps all records and makes all reports required by
299the state and district school board and makes regular reports on
300the attendance of students in accordance with the provisions of
301s. 1003.23(2).
302     (c)  Requires students to be in actual attendance for the
303minimum length of time prescribed by s. 1011.60(2).
304     Section 12.  Subsection (6) of section 1003.03, Florida
305Statutes, is amended to read:
306     1003.03  Maximum class size.-
307     (6)  COURSES FOR COMPLIANCE.-Consistent with the provisions
308in ss. 1003.01(13) 1003.01(14) and 1003.428, the Department of
309Education shall identify from the Course Code Directory the
310core-curricula courses for the purpose of satisfying the maximum
311class size requirement in this section. The department may adopt
312rules to implement this subsection, if necessary.
313     Section 13.  Paragraph (f) of subsection (1) of section
3141003.26, Florida Statutes, is amended to read:
315     1003.26  Enforcement of school attendance.-The Legislature
316finds that poor academic performance is associated with
317nonattendance and that school districts must take an active role
318in promoting and enforcing attendance as a means of improving
319student performance. It is the policy of the state that each
320district school superintendent be responsible for enforcing
321school attendance of all students subject to the compulsory
322school age in the school district and supporting enforcement of
323school attendance by local law enforcement agencies. The
324responsibility includes recommending policies and procedures to
325the district school board that require public schools to respond
326in a timely manner to every unexcused absence, and every absence
327for which the reason is unknown, of students enrolled in the
328schools. District school board policies shall require the parent
329of a student to justify each absence of the student, and that
330justification will be evaluated based on adopted district school
331board policies that define excused and unexcused absences. The
332policies must provide that public schools track excused and
333unexcused absences and contact the home in the case of an
334unexcused absence from school, or an absence from school for
335which the reason is unknown, to prevent the development of
336patterns of nonattendance. The Legislature finds that early
337intervention in school attendance is the most effective way of
338producing good attendance habits that will lead to improved
339student learning and achievement. Each public school shall
340implement the following steps to promote and enforce regular
341school attendance:
342     (1)  CONTACT, REFER, AND ENFORCE.-
343     (f)1.  If the parent of a child who has been identified as
344exhibiting a pattern of nonattendance enrolls the child in a
345home education program pursuant to chapter 1002, the district
346school superintendent shall provide the parent a copy of s.
3471002.41 and the accountability requirements of this paragraph.
348The district school superintendent shall also refer the parent
349to a home education review committee composed of the district
350contact for home education programs and at least two home
351educators selected by the parent from a district list of all
352home educators who have conducted a home education program for
353at least 3 years and who have indicated a willingness to serve
354on the committee. The home education review committee shall
355review the portfolio of the student, as defined by s. 1002.41,
356every 30 days during the district's regular school terms until
357the committee is satisfied that the home education program is in
358compliance with s. 1002.41(1)(b). The first portfolio review
359must occur within the first 30 calendar days of the
360establishment of the program. The provisions of subparagraph 2.
361do not apply once the committee determines the home education
362program is in compliance with s. 1002.41(1)(b).
363     2.  If the parent fails to provide a portfolio to the
364committee, the committee shall notify the district school
365superintendent. The district school superintendent shall then
366terminate the home education program and require the parent to
367enroll the child in an attendance option that meets the
368definition of "regular school attendance" under s.
3691003.01(12)(a) 1003.01(13)(a), (b), (c), or (e), within 3 days.
370Upon termination of a home education program pursuant to this
371subparagraph, the parent shall not be eligible to reenroll the
372child in a home education program for 180 calendar days. Failure
373of a parent to enroll the child in an attendance option as
374required by this subparagraph after termination of the home
375education program pursuant to this subparagraph shall constitute
376noncompliance with the compulsory attendance requirements of s.
3771003.21 and may result in criminal prosecution under s.
3781003.27(2). Nothing contained herein shall restrict the ability
379of the district school superintendent, or the ability of his or
380her designee, to review the portfolio pursuant to s.
3811002.41(1)(b).
382     Section 14.  Subsection (4) of section 1003.52, Florida
383Statutes, is amended to read:
384     1003.52  Educational services in Department of Juvenile
385Justice programs.-
386     (4)  Educational services shall be provided at times of the
387day most appropriate for the juvenile justice program. School
388programming in juvenile justice detention, commitment, and
389rehabilitation programs shall be made available by the local
390school district during the juvenile justice school year, as
391defined in s. 1003.01(10) 1003.01(11). In addition, students in
392juvenile justice education programs shall have access to Florida
393Virtual School courses. The Department of Education and the
394school districts shall adopt policies necessary to ensure such
395access.
396     Section 15.  This act shall take effect July 1, 2012.


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