Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 1060
       
       
       
       
       
       
                                Ì275040oÎ275040                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: FC            .                                
                  03/25/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 1006.07, Florida
    6  Statutes, is amended, and subsection (7) is added to that
    7  section, to read:
    8         1006.07 District school board duties relating to student
    9  discipline and school safety.—The district school board shall
   10  provide for the proper accounting for all students, for the
   11  attendance and control of students at school, and for proper
   12  attention to health, safety, and other matters relating to the
   13  welfare of students, including:
   14         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
   15  conduct for elementary schools and a code of student conduct for
   16  middle and high schools and distribute the appropriate code to
   17  all teachers, school personnel, students, and parents, at the
   18  beginning of every school year. Each code shall be organized and
   19  written in language that is understandable to students and
   20  parents and shall be discussed at the beginning of every school
   21  year in student classes, school advisory council meetings, and
   22  parent and teacher association or organization meetings. Each
   23  code shall be based on the rules governing student conduct and
   24  discipline adopted by the district school board and shall be
   25  made available in the student handbook or similar publication.
   26  Each code shall be revised to reduce and, if possible, end the
   27  use of exclusionary discipline for minor misbehavior. As used in
   28  this subsection, the term “exclusionary discipline” means a
   29  punitive disciplinary practice that removes a student from
   30  instruction time in the student’s regular school, including
   31  suspension, transfer to an alternate school, and expulsion.
   32  Absences due to exclusionary discipline shall be considered
   33  excused absences. Each code shall include, but is not limited
   34  to:
   35         (a) Consistent policies and specific grounds for
   36  disciplinary action, including in-school suspension, out-of
   37  school suspension, expulsion, and any disciplinary action that
   38  may be imposed for the possession or use of alcohol on school
   39  property or while attending a school function or for the illegal
   40  use, sale, or possession of controlled substances as defined in
   41  chapter 893.
   42         (b) Procedures to be followed for acts requiring
   43  discipline, including corporal punishment.
   44         (c) An explanation of the responsibilities and rights of
   45  students with regard to attendance, respect for persons and
   46  property, knowledge and observation of rules of conduct, the
   47  right to learn, free speech and student publications, assembly,
   48  privacy, and participation in school programs and activities.
   49         (d)1. An explanation of the responsibilities of each
   50  student with regard to appropriate dress, respect for self and
   51  others, and the role that appropriate dress and respect for self
   52  and others has on an orderly learning environment. Each district
   53  school board shall adopt a dress code policy that prohibits a
   54  student, while on the grounds of a public school during the
   55  regular school day, from wearing clothing that exposes underwear
   56  or body parts in an indecent or vulgar manner or that disrupts
   57  the orderly learning environment.
   58         2. Any student who violates the dress policy described in
   59  subparagraph 1. is subject to the following disciplinary
   60  actions:
   61         a. For a first offense, a student shall be given a verbal
   62  warning and the school principal shall call the student’s parent
   63  or guardian.
   64         b. For a second offense, the student is ineligible to
   65  participate in any extracurricular activity for a period of time
   66  not to exceed 5 days and the school principal shall meet with
   67  the student’s parent or guardian.
   68         c. For a third or subsequent offense, a student shall
   69  receive an in-school suspension pursuant to s. 1003.01(5) for a
   70  period not to exceed 3 days, the student is ineligible to
   71  participate in any extracurricular activity for a period not to
   72  exceed 30 days, and the school principal shall call the
   73  student’s parent or guardian and send the parent or guardian a
   74  written letter regarding the student’s in-school suspension and
   75  ineligibility to participate in extracurricular activities.
   76         (e) Notice that illegal use, possession, or sale of
   77  controlled substances, as defined in chapter 893, by any student
   78  while the student is upon school property or in attendance at a
   79  school function is grounds for disciplinary action by the school
   80  and may also result in criminal penalties being imposed.
   81         (f) Notice that use of a wireless communications device
   82  includes the possibility of the imposition of disciplinary
   83  action by the school or criminal penalties if the device is used
   84  in a criminal act. A student may possess a wireless
   85  communications device while the student is on school property or
   86  in attendance at a school function. Each district school board
   87  shall adopt rules governing the use of a wireless communications
   88  device by a student while the student is on school property or
   89  in attendance at a school function.
   90         (g) Notice that the possession of a firearm or weapon as
   91  defined in chapter 790 by any student while the student is on
   92  school property or in attendance at a school function is grounds
   93  for disciplinary action and may also result in criminal
   94  prosecution.
   95         (h) Notice that violence against any district school board
   96  personnel by a student is grounds for in-school suspension, out
   97  of-school suspension, expulsion, or imposition of other
   98  disciplinary action by the school and may also result in
   99  criminal penalties being imposed.
  100         (i) Notice that violation of district school board
  101  transportation policies, including disruptive behavior on a
  102  school bus or at a school bus stop, by a student is grounds for
  103  suspension of the student’s privilege of riding on a school bus
  104  and may be grounds for disciplinary action by the school and may
  105  also result in criminal penalties being imposed.
  106         (j) Notice that violation of the district school board’s
  107  sexual harassment policy by a student is grounds for in-school
  108  suspension, out-of-school suspension, expulsion, or imposition
  109  of other disciplinary action by the school and may also result
  110  in criminal penalties being imposed.
  111         (k) Policies to be followed for the assignment of violent
  112  or disruptive students to an alternative educational program.
  113         (l) Notice that any student who is determined to have
  114  brought a firearm or weapon, as defined in chapter 790, to
  115  school, to any school function, or onto any school-sponsored
  116  transportation, or to have possessed a firearm at school, will
  117  be expelled, with or without continuing educational services,
  118  from the student’s regular school for a period of not less than
  119  1 full year and referred to the criminal justice or juvenile
  120  justice system. District school boards may assign the student to
  121  a disciplinary program or second chance school for the purpose
  122  of continuing educational services during the period of
  123  expulsion. District school superintendents may consider the 1
  124  year expulsion requirement on a case-by-case basis and request
  125  the district school board to modify the requirement by assigning
  126  the student to a disciplinary program or second chance school if
  127  the request for modification is in writing and it is determined
  128  to be in the best interest of the student and the school system.
  129         (m) Notice that any student who is determined to have made
  130  a threat or false report, as defined by ss. 790.162 and 790.163,
  131  respectively, involving school or school personnel’s property,
  132  school transportation, or a school-sponsored activity will be
  133  expelled, with or without continuing educational services, from
  134  the student’s regular school for a period of not less than 1
  135  full year and referred for criminal prosecution. District school
  136  boards may assign the student to a disciplinary program or
  137  second chance school for the purpose of continuing educational
  138  services during the period of expulsion. District school
  139  superintendents may consider the 1-year expulsion requirement on
  140  a case-by-case basis and request the district school board to
  141  modify the requirement by assigning the student to a
  142  disciplinary program or second chance school if it is determined
  143  to be in the best interest of the student and the school system.
  144         (7) COMMUNITY INVOLVEMENT IN POLICY CREATION.—Each school
  145  district shall ensure meaningful involvement with parents,
  146  students, teachers, and the community in creating and applying
  147  policies regarding student discipline and school safety.
  148         Section 2. Section 1006.13, Florida Statutes, is amended to
  149  read:
  150         1006.13 Policy on serious threats to school safety of zero
  151  tolerance for crime and victimization.—
  152         (1) It is the intent of the Legislature to promote a safe
  153  and supportive learning environment in schools, to protect
  154  students and staff from conduct that poses a serious threat to
  155  school safety, and to require encourage schools to use
  156  alternatives to expulsion or referral to law enforcement
  157  agencies for petty acts of misconduct by addressing disruptive
  158  behavior through restitution, civil citation, teen court,
  159  neighborhood restorative justice, or similar programs. The
  160  Legislature finds that referrals to law enforcement agencies
  161  zero-tolerance policies are not intended to be made for
  162  rigorously applied to petty acts of misconduct and misdemeanors,
  163  including, but not limited to, minor fights or disturbances. The
  164  Legislature finds that zero-tolerance policies on serious
  165  threats to school safety must apply equally to all students
  166  regardless of their economic status, race, or disability.
  167         (2) Each district school board shall adopt a policy on
  168  serious threats to school safety which of zero tolerance that:
  169         (a) Defines criteria for reporting to a law enforcement
  170  agency any act that occurs whenever or wherever students are
  171  within the jurisdiction of the district school board and that
  172  poses a serious threat to school safety. An act that does not
  173  pose a serious threat to school safety must be handled by a
  174  school’s discipline system.
  175         (b) Defines and enumerates acts that pose a serious threat
  176  to school safety.
  177         (c) Defines and enumerates petty acts of misconduct,
  178  including, but not limited to, behavior that could amount to the
  179  misdemeanor criminal charges of disorderly conduct, disturbing a
  180  school function, trespassing, loitering, simple assault or
  181  battery, affray, theft of less than $300, vandalism of less than
  182  $1,000, criminal mischief, and other behavior that does not pose
  183  a serious threat to school safety.
  184         (d) Minimizes the victimization of students, staff, or
  185  volunteers, including taking all steps necessary to protect the
  186  victim of any violent crime from any further victimization.
  187         (e) Establishes a procedure that provides each student with
  188  the opportunity for a review of the disciplinary action imposed
  189  pursuant to s. 1006.07.
  190         (f) Clearly defines the role of law enforcement agencies in
  191  personnel matters and delineates clear roles in which school
  192  principals and their designees, under the constraints of
  193  district policies, are the primary decisionmakers on school
  194  disciplinary consequences.
  195         (3) The policy on serious threats to school safety Zero
  196  tolerance policies must require a student who is students found
  197  to have committed one of the following offenses to be expelled,
  198  with or without continuing educational services, from the
  199  student’s regular school for a period of not less than 1 full
  200  year, and to be referred to the criminal justice or juvenile
  201  justice system.
  202         (a) Bringing a firearm or weapon, as defined in chapter
  203  790, to school, to any school function, or onto any school
  204  sponsored transportation or possessing a firearm at school.
  205         (b) Making a threat or false report, as defined by ss.
  206  790.162 and 790.163, respectively, involving school or school
  207  personnel’s property, school transportation, or a school
  208  sponsored activity.
  209  
  210  A district school board boards may assign the student to a
  211  disciplinary program for the purpose of continuing educational
  212  services during the period of expulsion. A district school
  213  superintendent superintendents may consider the 1-year expulsion
  214  requirement on a case-by-case basis and request the district
  215  school board to modify the requirement by assigning the student
  216  to a disciplinary program or second chance school if the request
  217  for modification is in writing and it is determined to be in the
  218  best interest of the student and the school system. If a student
  219  committing any of the offenses in this subsection is a student
  220  who has a disability, the district school board shall comply
  221  with applicable State Board of Education rules.
  222         (4)(a) Each district school board, in collaboration with
  223  students, educators, parents, and stakeholders, shall enter into
  224  agreements with the county sheriff’s office and local police
  225  department specifying guidelines for ensuring that acts that
  226  pose a serious threat to school safety, whether committed by a
  227  student or adult, are reported to a law enforcement agency.
  228         (b) The agreements must include the role of school resource
  229  officers, if applicable, in handling reported incidents that
  230  pose a serious threat to school safety and, circumstances in
  231  which school officials may handle incidents without filing a
  232  report with a law enforcement agency, and a procedure for
  233  ensuring that school personnel properly report appropriate
  234  delinquent acts and crimes.
  235         (c) The agreements Zero-tolerance policies do not require
  236  the reporting of petty acts of misconduct and misdemeanors to a
  237  law enforcement agency, including, but not limited to,
  238  disorderly conduct, disturbing disrupting a school function,
  239  trespassing, loitering, simple assault or battery, affray, theft
  240  of less than $300, trespassing, and vandalism of less than
  241  $1,000, and other misdemeanors that do not pose a serious threat
  242  to school safety.
  243         (d) The school principal shall ensure that all school
  244  personnel are properly informed of as to their responsibilities
  245  regarding crime reporting, that appropriate delinquent acts and
  246  crimes are properly reported, and that actions taken in cases
  247  with special circumstances are properly taken and documented.
  248         (5) Notwithstanding any other provision of law, each
  249  district school board shall adopt rules providing that any
  250  student found to have committed any offense in s. 784.081(1),
  251  (2), or (3) shall be expelled or placed in an alternative school
  252  setting or other program, as appropriate. Upon being charged
  253  with the offense, the student shall be removed from the
  254  classroom immediately and placed in an alternative school
  255  setting pending disposition.
  256         (6)(a) Notwithstanding any provision of law prohibiting the
  257  disclosure of the identity of a minor, whenever any student who
  258  is attending a public school is adjudicated guilty of or
  259  delinquent for, or is found to have committed, regardless of
  260  whether adjudication is withheld, or pleads guilty or nolo
  261  contendere to, a felony violation of:
  262         1. Chapter 782, relating to homicide;
  263         2. Chapter 784, relating to assault, battery, and culpable
  264  negligence;
  265         3. Chapter 787, relating to kidnapping, false imprisonment,
  266  luring or enticing a child, and custody offenses;
  267         4. Chapter 794, relating to sexual battery;
  268         5. Chapter 800, relating to lewdness and indecent exposure;
  269         6. Chapter 827, relating to abuse of children;
  270         7. Section 812.13, relating to robbery;
  271         8. Section 812.131, relating to robbery by sudden
  272  snatching;
  273         9. Section 812.133, relating to carjacking; or
  274         10. Section 812.135, relating to home-invasion robbery,
  275  
  276  and, before or at the time of such adjudication, withholding of
  277  adjudication, or plea, the offender was attending a school
  278  attended by the victim or a sibling of the victim of the
  279  offense, the Department of Juvenile Justice shall notify the
  280  appropriate district school board of the adjudication or plea,
  281  the requirements in this paragraph, and whether the offender is
  282  prohibited from attending that school or riding on a school bus
  283  whenever the victim or a sibling of the victim is attending the
  284  same school or riding on the same school bus, except as provided
  285  pursuant to a written disposition order under s. 985.455(2).
  286  Upon receipt of such notice, the district school board shall
  287  take appropriate action to effectuate the provisions in
  288  paragraph (b).
  289         (b) Each district school board shall adopt a cooperative
  290  agreement with the Department of Juvenile Justice which
  291  establishes guidelines for ensuring that any no contact order
  292  entered by a court is reported and enforced and that all of the
  293  necessary steps are taken to protect the victim of the offense.
  294  Any offender described in paragraph (a), who is not exempted as
  295  provided in paragraph (a), may not attend any school attended by
  296  the victim or a sibling of the victim of the offense or ride on
  297  a school bus on which the victim or a sibling of the victim is
  298  riding. The offender shall be permitted by the district school
  299  board to attend another school within the district in which the
  300  offender resides, only if the other school is not attended by
  301  the victim or sibling of the victim of the offense; or the
  302  offender may be permitted by another district school board to
  303  attend a school in that district if the offender is unable to
  304  attend any school in the district in which the offender resides.
  305         (c) If the offender is unable to attend any other school in
  306  the district in which the offender resides and is prohibited
  307  from attending a school in another school district, the district
  308  school board in the school district in which the offender
  309  resides shall take every reasonable precaution to keep the
  310  offender separated from the victim while on school grounds or on
  311  school transportation. The steps to be taken by a district
  312  school board to keep the offender separated from the victim must
  313  include, but are not limited to, in-school suspension of the
  314  offender and the scheduling of classes, lunch, or other school
  315  activities of the victim and the offender so as not to coincide.
  316         (d) The offender, or the parents of the offender if the
  317  offender is a juvenile, shall arrange and pay for transportation
  318  associated with or required by the offender’s attending another
  319  school or that would be required as a consequence of the
  320  prohibition against riding on a school bus on which the victim
  321  or a sibling of the victim is riding. However, the offender or
  322  the parents of the offender may not be charged for existing
  323  modes of transportation that can be used by the offender at no
  324  additional cost to the district school board.
  325         (7) Any disciplinary or prosecutorial action taken against
  326  a student who violates a zero-tolerance policy must be based on
  327  the particular circumstances of the student’s misconduct.
  328         (8) Except as provided in subsection (4), a school district
  329  shall districts are encouraged to use alternatives to expulsion
  330  or referral to a law enforcement agency agencies unless the use
  331  of such alternatives will pose a serious threat to school
  332  safety.
  333         (9) By March 1, 2015, the Department of Education shall
  334  develop and provide a model policy, in collaboration with
  335  students, educators, parents, and stakeholders, to assist a
  336  school district in developing policies that avoid unnecessary
  337  referrals to the criminal justice system or the juvenile justice
  338  system for petty acts of misconduct.
  339         Section 3. This act shall take effect upon becoming a law.
  340  
  341  ================= T I T L E  A M E N D M E N T ================
  342  And the title is amended as follows:
  343         Delete everything before the enacting clause
  344  and insert:
  345                        A bill to be entitled                      
  346         An act relating to school discipline and school
  347         safety; amending s. 1006.07, F.S.; requiring the
  348         revision of each code of student conduct to reduce
  349         and, if possible, end the use of exclusionary
  350         discipline for minor misbehavior; defining the term
  351         “exclusionary discipline”; requiring absences due to
  352         exclusionary discipline to be considered excused
  353         absences; requiring each school district to ensure
  354         meaningful involvement with parents, students,
  355         teachers, and the community in creating and applying
  356         policies regarding student discipline and school
  357         safety; amending s. 1006.13, F.S.; revising
  358         legislative intent; requiring each district school
  359         board to adopt a policy on serious threats to school
  360         safety, rather than a zero-tolerance policy; providing
  361         requirements for such policy; requiring each district
  362         school board to collaborate with students, educators,
  363         parents, and stakeholders in entering into agreements
  364         with the county sheriff’s office and local police
  365         department; requiring a school district to use
  366         alternatives to expulsion or referral to a law
  367         enforcement agency under certain circumstances;
  368         requiring the Department of Education, in
  369         collaboration with students, parents, educators, and
  370         stakeholders, to develop and provide a model policy by
  371         a specified date; conforming provisions to changes
  372         made by the act; providing an effective date.