Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1474
       
       
       
       
       
       
                                Ì784632+Î784632                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2015           .                                
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       The Committee on Education Pre-K - 12 (Legg) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) is added to section 1001.41,
    6  Florida Statutes, to read:
    7         1001.41 General powers of district school board.—The
    8  district school board, after considering recommendations
    9  submitted by the district school superintendent, shall exercise
   10  the following general powers:
   11         (8) Adopt a strategic plan consistent with the school
   12  board’s mission and long-term goals.
   13         Section 2. Subsection (6) and paragraphs (a) and (b) of
   14  subsection (18) of section 1001.42, Florida Statutes, are
   15  amended to read:
   16         1001.42 Powers and duties of district school board.—The
   17  district school board, acting as a board, shall exercise all
   18  powers and perform all duties listed below:
   19         (6) STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL
   20  PERSONNEL, ADMINISTRATIVE PERSONNEL, AND SCHOOL OFFICERS
   21  ADMINISTRATORS.—Adopt policies establishing standards of ethical
   22  conduct for instructional personnel and school administrators.
   23  The policies must require all instructional personnel,
   24  administrative personnel and school administrators, and school
   25  officers, as defined in s. 1012.01, to complete training on the
   26  standards; establish the duty of instructional personnel,
   27  administrative personnel, and school officers administrators to
   28  report, and procedures for reporting, alleged misconduct by
   29  other instructional or administrative personnel and school
   30  officers school administrators which affects the health, safety,
   31  or welfare of a student; and include an explanation of the
   32  liability protections provided under ss. 39.203 and 768.095. A
   33  district school board, or any of its employees, may not enter
   34  into a confidentiality agreement regarding terminated or
   35  dismissed instructional or administrative personnel or school
   36  officers administrators, or personnel, or administrators, or
   37  school officers who resign in lieu of termination, based in
   38  whole or in part on misconduct that affects the health, safety,
   39  or welfare of a student, and may not provide instructional or
   40  administrative personnel or school officers administrators with
   41  employment references or discuss the personnel’s or school
   42  officers’ administrators’ performance with prospective employers
   43  in another educational setting, without disclosing the
   44  personnel’s or school officers’ administrators’ misconduct. Any
   45  part of an agreement or contract that has the purpose or effect
   46  of concealing misconduct by instructional or administrative
   47  personnel or school officers administrators which affects the
   48  health, safety, or welfare of a student is void, is contrary to
   49  public policy, and may not be enforced.
   50         (18) IMPLEMENT SCHOOL IMPROVEMENT AND ACCOUNTABILITY.
   51  Maintain a system of school improvement and education
   52  accountability as provided by statute and State Board of
   53  Education rule. This system of school improvement and education
   54  accountability shall be consistent with, and implemented
   55  through, the district’s continuing system of planning and
   56  budgeting required by this section and ss. 1008.385, 1010.01,
   57  and 1011.01. This system of school improvement and education
   58  accountability shall comply with the provisions of ss. 1008.33,
   59  1008.34, 1008.345, and 1008.385 and include the following:
   60         (a) School improvement plans.—
   61         1. The district school board shall annually approve and
   62  require implementation of a new, amended, or continuation school
   63  improvement plan for each school in the district. If a school
   64  has a significant gap in achievement on statewide, standardized
   65  assessments administered pursuant to s. 1008.22 by one or more
   66  student subgroups, as defined in the federal Elementary and
   67  Secondary Education Act (ESEA), 20 U.S.C. s.
   68  6311(b)(2)(C)(v)(II); has not significantly increased the
   69  percentage of students passing statewide, standardized
   70  assessments; has not significantly increased the percentage of
   71  students demonstrating Learning Gains, as defined in s. 1008.34
   72  and as calculated under s. 1008.34(3)(b), who passed statewide,
   73  standardized assessments; or has significantly lower graduation
   74  rates for a subgroup when compared to the state’s graduation
   75  rate, that school’s improvement plan shall include strategies
   76  for improving these results. The state board shall adopt rules
   77  establishing thresholds and for determining compliance with this
   78  subparagraph.
   79         2. A school that includes any of grades 6, 7, or 8 shall
   80  include annually in its school improvement plan information and
   81  data on the school’s early warning system required under
   82  paragraph (b), including a list of the early warning indicators
   83  used in the system, the number of students identified by the
   84  system as exhibiting two or more early warning indicators, the
   85  number of students by grade level that exhibit each early
   86  warning indicator, and a description of all intervention
   87  strategies employed by the school to improve the academic
   88  performance of students identified by the early warning system.
   89  In addition, a school that includes any of grades 6, 7, or 8
   90  shall describe in its school improvement plan the strategies
   91  used by the school to implement and evaluate the instructional
   92  practices for middle grades emphasized by the district’s
   93  professional development system pursuant to s. 1012.98(4)(b)9.
   94         (b) Early warning system.—
   95         1. A school that includes any of grades 6, 7, or 8 shall
   96  implement an early warning system to identify students in grades
   97  6, 7, and 8 who need additional support to improve academic
   98  performance and stay engaged in school. The early warning system
   99  must include the following early warning indicators:
  100         a. Attendance below 90 percent, regardless of whether
  101  absence is excused or a result of out-of-school suspension.
  102         b. One or more suspensions, whether in school or out of
  103  school.
  104         c. Course failure in English Language Arts or mathematics.
  105         d. A Level 1 score on the statewide, standardized
  106  assessments in English Language Arts or mathematics.
  107  
  108  A school district may identify additional early warning
  109  indicators for use in a school’s early warning system.
  110         2. A school-based team responsible for implementing the
  111  requirements of this paragraph shall monitor the data from the
  112  early warning system in subparagraph (a)2. When a student
  113  exhibits two or more early warning indicators, the team must the
  114  school’s child study team under s. 1003.02 or a school-based
  115  team formed for the purpose of implementing the requirements of
  116  this paragraph shall convene to determine appropriate
  117  intervention strategies for the student unless the student is
  118  already being served by an intervention program. The school
  119  shall provide at least 10 days’ written notice of the meeting to
  120  the student’s parent, indicating the meeting’s purpose, time,
  121  and location, and provide the parent the opportunity to
  122  participate. Data and information relating to the indicators
  123  must be used to inform any intervention strategies provided to a
  124  student identified under this paragraph.
  125         Section 3. Paragraph (b) of subsection (1) of section
  126  1001.43, Florida Statutes, is amended to read:
  127         1001.43 Supplemental powers and duties of district school
  128  board.—The district school board may exercise the following
  129  supplemental powers and duties as authorized by this code or
  130  State Board of Education rule.
  131         (1) STUDENT MANAGEMENT.—The district school board may adopt
  132  programs and policies to ensure the safety and welfare of
  133  individuals, the student body, and school personnel, which
  134  programs and policies may:
  135         (b) Require that the attire uniforms to be worn by the
  136  student body conform to a standard student attire policy that
  137  prohibits certain types or styles of clothing and requires solid
  138  colored clothing and fabrics for pants, skirts, shorts, or
  139  similar clothing and short or long sleeved shirts with collars.
  140  The policy may authorize a small logo but may not authorize a
  141  motto or slogan. The purpose of a standard student attire policy
  142  is to provide a safe environment that fosters learning and
  143  improves school safety and discipline by:
  144         1. Encouraging students to express their individuality
  145  through personality and academic achievements, rather than
  146  outward appearance.
  147         2. Enabling students to focus on academics, rather than
  148  fashion, because they are able to project a neat, serious, and
  149  studious image.
  150         3. Minimizing disciplinary problems because students are
  151  not distracted by clothing.
  152         4. Reducing the time needed to correct dress code
  153  violations through a readily available inventory of compliant
  154  attire.
  155         5. Minimizing visible differences and eliminating social
  156  pressures to wear brand name clothing or “gang colors,” thereby
  157  easing financial pressures on parents and enhancing school
  158  safety.
  159         6. Creating a sense of school pride and belonging.
  160  
  161  A district school board may implement a standard student attire
  162  policy as part of an overall program to foster and promote
  163  desirable school operating conditions and a safe and supportive
  164  educational environment. A standard student attire policy must
  165  allow a parent to opt his or her student out of the policy for
  166  religious purposes or by reason of a disability. A district
  167  school board that implements a districtwide standard student
  168  attire policy for all students in at least kindergarten through
  169  eighth grade is immune from civil liability resulting from
  170  adoption of the policy in accordance with this paragraph, or
  171  impose other dress-related requirements, if the district school
  172  board finds that those requirements are necessary for the safety
  173  or welfare of the student body or school personnel. However,
  174  Students may wear sunglasses, hats, or other sun-protective wear
  175  while outdoors during school hours, such as when students are at
  176  recess.
  177         Section 4. This act shall take effect July 1, 2015.
  178  
  179  ================= T I T L E  A M E N D M E N T ================
  180  And the title is amended as follows:
  181         Delete everything before the enacting clause
  182  and insert:
  183                        A bill to be entitled                      
  184         An act relating to district school boards; amending s.
  185         1001.41, F.S.; requiring district school boards to
  186         adopt a strategic plan; amending s. 1001.42, F.S.;
  187         revising provisions relating to standards of ethical
  188         conduct to apply to administrative personnel and
  189         school officers; requiring a school to monitor and
  190         evaluate its instructional practices and intervention
  191         strategies relating to the early warning system;
  192         amending s. 1001.43, F.S.; authorizing district school
  193         boards to adopt a standard student attire policy;
  194         establishing criteria for and the purpose of the
  195         policy; providing immunity from civil liability for
  196         district school boards that implement a standard
  197         student attire policy under certain conditions;
  198         providing an effective date.