Florida Senate - 2021 SB 1284
By Senator Jones
35-01584A-21 20211284__
1 A bill to be entitled
2 An act relating to the reporting of school safety
3 issues; providing a short title; amending s. 1001.212,
4 F.S.; requiring data from a specified hotline to be
5 included in a certain centralized integrated data
6 repository; requiring the Office of Safe Schools to
7 establish and operate a hotline for specified
8 purposes; requiring the office to award grants through
9 a specified program; amending s. 1006.07, F.S.;
10 requiring threat assessment teams to report all
11 threats and incidents to the school principal;
12 requiring school principals to report certain threats
13 and incidents to the district school superintendent,
14 the office, and all school personnel and parents;
15 providing requirements for such reports; requiring
16 threat assessment teams to provide specified training
17 to all school personnel; requiring training curriculum
18 to be annually approved by the district school safety
19 specialist and the office; providing requirements for
20 school personnel; requiring the office to take
21 specified actions under certain conditions; providing
22 for a loss of or a reduction in specified grant
23 funding for noncompliant schools; creating s.
24 1006.1494, F.S.; establishing the Safe Schools Grant
25 Program; providing for funding and administration of
26 the program; requiring the office to establish an
27 application process and determine school eligibility;
28 providing for the award of grants to eligible schools;
29 providing for the office to prorate the amounts of
30 such grants; providing that schools lose grant
31 eligibility for specified periods of time under
32 certain circumstances; requiring the State Board of
33 Education to adopt rules to administer the program;
34 providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. This act may be cited as the “Parents Need to
39 Know Act”.
40 Section 2. Paragraph (f) of subsection (6) and subsections
41 (8) and (9) of section 1001.212, Florida Statutes, are amended
42 to read:
43 1001.212 Office of Safe Schools.—There is created in the
44 Department of Education the Office of Safe Schools. The office
45 is fully accountable to the Commissioner of Education. The
46 office shall serve as a central repository for best practices,
47 training standards, and compliance oversight in all matters
48 regarding school safety and security, including prevention
49 efforts, intervention efforts, and emergency preparedness
50 planning. The office shall:
51 (6) Coordinate with the Department of Law Enforcement to
52 provide a centralized integrated data repository and data
53 analytics resources to improve access to timely, complete, and
54 accurate information integrating data from, at a minimum, but
55 not limited to, the following data sources by August 1, 2019:
56 (f) School environmental safety incident reports and
57 records from reports to the hotline collected under subsection
58 (8); and
59
60 Data that is exempt or confidential and exempt from public
61 records requirements retains its exempt or confidential and
62 exempt status when incorporated into the centralized integrated
63 data repository. To maintain the confidentiality requirements
64 attached to the information provided to the centralized
65 integrated data repository by the various state and local
66 agencies, data governance and security shall ensure compliance
67 with all applicable state and federal data privacy requirements
68 through the use of user authorization and role-based security,
69 data anonymization and aggregation and auditing capabilities. To
70 maintain the confidentiality requirements attached to the
71 information provided to the centralized integrated data
72 repository by the various state and local agencies, each source
73 agency providing data to the repository shall be the sole
74 custodian of the data for the purpose of any request for
75 inspection or copies thereof under chapter 119. The department
76 shall only allow access to data from the source agencies in
77 accordance with rules adopted by the respective source agencies
78 and the requirements of the Federal Bureau of Investigation
79 Criminal Justice Information Services security policy, where
80 applicable.
81 (8)(a) Provide technical assistance to school districts and
82 charter school governing boards for school environmental safety
83 incident reporting as required under s. 1006.07(9).
84 (b) Establish and operate a hotline for parents to report
85 school safety issues and for school district or school personnel
86 to report a threat assessment team’s or principal’s
87 noncompliance with s. 1006.07(7)(f). Such reports may be made
88 via a single statewide toll-free telephone number or a web-based
89 report.
90 (c) The office shall Collect data through school
91 environmental safety incident reports and the hotline on
92 incidents involving any person which occur on school premises,
93 on school transportation, and at off-campus, school-sponsored
94 events and noncompliance with s. 1006.07(7)(f).
95 (d) The office shall Review and evaluate school district
96 reports to ensure compliance with reporting requirements. Upon
97 notification by the department that a superintendent has failed
98 to comply with the requirements of s. 1006.07(9), the district
99 school board shall withhold further payment of his or her salary
100 as authorized under s. 1001.42(13)(b) and impose other
101 appropriate sanctions that the commissioner or state board by
102 law may impose.
103 (9) Award grants to schools through the Safe Schools Grant
104 Program under s. 1006.1494 to improve the safety and security of
105 school buildings based upon recommendations of the security risk
106 assessment developed pursuant to subsection (1).
107 Section 3. Subsections (7) and (9) of section 1006.07,
108 Florida Statutes, are amended to read:
109 1006.07 District school board duties relating to student
110 discipline and school safety.—The district school board shall
111 provide for the proper accounting for all students, for the
112 attendance and control of students at school, and for proper
113 attention to health, safety, and other matters relating to the
114 welfare of students, including:
115 (7) THREAT ASSESSMENT TEAMS.—Each district school board
116 shall adopt policies for the establishment of threat assessment
117 teams at each school whose duties include the coordination of
118 resources and assessment and intervention with individuals whose
119 behavior may pose a threat to the safety of school staff or
120 students consistent with the model policies developed by the
121 Office of Safe Schools and the reporting of such threats as
122 required by this subsection. Such policies must include
123 procedures for referrals to mental health services identified by
124 the school district pursuant to s. 1012.584(4), when
125 appropriate, and procedures for behavioral threat assessments in
126 compliance with the instrument developed pursuant to s.
127 1001.212(12).
128 (a) A threat assessment team shall include persons with
129 expertise in counseling, instruction, school administration, and
130 law enforcement. The threat assessment teams shall identify
131 members of the school community to whom threatening behavior
132 should be reported and provide guidance to students, faculty,
133 and staff regarding recognition of threatening or aberrant
134 behavior that may represent a threat to the community, school,
135 or self. Upon the availability of the behavioral threat
136 assessment instrument developed pursuant to s. 1001.212(12), the
137 threat assessment team shall use that instrument.
138 (b) Upon a preliminary determination that a student poses a
139 threat of violence or physical harm to himself or herself or
140 others, a threat assessment team shall immediately report its
141 determination to the superintendent or his or her designee. The
142 superintendent or his or her designee shall immediately attempt
143 to notify the student’s parent or legal guardian. Nothing in
144 this subsection shall preclude school district personnel from
145 acting immediately to address an imminent threat.
146 (c) Upon a preliminary determination by the threat
147 assessment team that a student poses a threat of violence to
148 himself or herself or others or exhibits significantly
149 disruptive behavior or need for assistance, authorized members
150 of the threat assessment team may obtain criminal history record
151 information pursuant to s. 985.04(1). A member of a threat
152 assessment team may not disclose any criminal history record
153 information obtained pursuant to this section or otherwise use
154 any record of an individual beyond the purpose for which such
155 disclosure was made to the threat assessment team.
156 (d) Notwithstanding any other provision of law, all state
157 and local agencies and programs that provide services to
158 students experiencing or at risk of an emotional disturbance or
159 a mental illness, including the school districts, school
160 personnel, state and local law enforcement agencies, the
161 Department of Juvenile Justice, the Department of Children and
162 Families, the Department of Health, the Agency for Health Care
163 Administration, the Agency for Persons with Disabilities, the
164 Department of Education, the Statewide Guardian Ad Litem Office,
165 and any service or support provider contracting with such
166 agencies, may share with each other records or information that
167 are confidential or exempt from disclosure under chapter 119 if
168 the records or information are reasonably necessary to ensure
169 access to appropriate services for the student or to ensure the
170 safety of the student or others. All such state and local
171 agencies and programs shall communicate, collaborate, and
172 coordinate efforts to serve such students.
173 (e) If an immediate mental health or substance abuse crisis
174 is suspected, school personnel shall follow policies established
175 by the threat assessment team to engage behavioral health crisis
176 resources. Behavioral health crisis resources, including, but
177 not limited to, mobile crisis teams and school resource officers
178 trained in crisis intervention, shall provide emergency
179 intervention and assessment, make recommendations, and refer the
180 student for appropriate services. Onsite school personnel shall
181 report all such situations and actions taken to the threat
182 assessment team, which shall contact the other agencies involved
183 with the student and any known service providers to share
184 information and coordinate any necessary followup actions. Upon
185 the student’s transfer to a different school, the threat
186 assessment team shall verify that any intervention services
187 provided to the student remain in place until the threat
188 assessment team of the receiving school independently determines
189 the need for intervention services.
190 (f)1. Each threat assessment team must report any threat or
191 incident to the school principal as soon as reasonably possible.
192 2. Each school principal must report a threat or incident
193 that affects the safety of a school; affects the health, safety,
194 or welfare of a student or school personnel; or involves a
195 violent criminal act on school grounds or at a school-sponsored
196 event within 24 hours after the discovery of the threat or
197 incident, including what actions were taken in response to the
198 threat or incident and what actions a parent may take if he or
199 she has continued concerns regarding the threat or incident.
200 Notwithstanding any other provision of law, each report must
201 include any threat or incident that involves a student with a
202 disability. The reports may not include identifying information,
203 including the names, of students or school personnel.
204 a. The school principal must report a threat or incident
205 under subparagraph 2. to all of the following:
206 (I) The district school superintendent pursuant to
207 subsection (9).
208 (II) The Office of Safe Schools.
209 (III) All school personnel employed by such school.
210 (IV) Parents of all students enrolled at such school.
211 b. A threat or incident that must be reported by the
212 school principal under subparagraph 2. includes, but is not
213 limited to, all of the following:
214 (I) The possession of a weapon of any kind on any portion
215 of school grounds, including lockers, fields, easements, and
216 motor vehicles. This sub-sub-subparagraph does not apply to a
217 person who legally carries a weapon onto school grounds.
218 (II) A threat of murder or maiming against a student or
219 school personnel.
220 (III) An incident of trespassing. The report must include
221 information on how the trespasser gained access to school
222 grounds.
223 (IV) An allegation of sexual assault.
224 (V) An allegation of misconduct by school personnel that
225 affects the health, safety, or welfare of a student.
226 (VI) An incident of violence in which a person was provided
227 medical care by a paramedic or was transported to a hospital.
228 (VII) A failure to secure the perimeter of school grounds,
229 even if the perimeter was not breached. The report must include
230 the length of time during which the perimeter was unsecured.
231 3. Each threat assessment team shall provide training to
232 all school personnel regarding the requirements of this
233 paragraph. The training curriculum must be annually approved by
234 the district school safety specialist and the Office of Safe
235 Schools. Each member of school personnel must affirm that he or
236 she received such training and understands what threats or
237 incidents must be reported and to whom, including who to contact
238 on the threat assessment team, and the method for reporting such
239 threats or incidents, including the hotline telephone number or
240 website address provided by the office under s. 1001.212. If a
241 member of school personnel contacts the office with questions
242 regarding this paragraph, the office must provide guidance as
243 necessary.
244 4. If a threat assessment team or school principal fails to
245 meet the requirements of this paragraph, the office shall
246 investigate such failure. For purposes of the Safe Schools Grant
247 Program under s. 1006.1494, the office shall annually establish
248 each school’s eligibility for a Safe Schools grant. If 5 percent
249 or more of the schools within a school district fail to comply
250 with this paragraph at least once within a 7-year period, the
251 school district must retrain all staff personnel within the
252 school district and shall have the amount of Safe Schools grant
253 funds under s. 1006.1494 for which its schools are eligible
254 reduced pursuant to that section. The office shall calculate the
255 percentage of schools within each school district that fail to
256 comply with this paragraph at the end of each school year.
257 5. Every 5 years, the office must audit each school
258 district for compliance with this paragraph. The audit must
259 include school visits, reviews of actual referrals submitted by
260 teachers to ensure that such referrals are handled correctly,
261 and interviews with school personnel and school district staff
262 to ensure proper training and compliance with this paragraph.
263 Such interviews must be conducted randomly.
264 (g)(f) Each threat assessment team established pursuant to
265 this subsection shall report quantitative data on its activities
266 to the Office of Safe Schools in accordance with guidance from
267 the office and shall utilize the threat assessment database
268 developed pursuant to s. 1001.212(13) upon the availability of
269 the database.
270 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
271 district school board shall adopt policies to ensure the
272 accurate and timely reporting of incidents related to school
273 safety and discipline, including reporting threats or incidents
274 of violent criminal acts on school grounds or at school
275 sponsored events to the district school superintendent, the
276 office, all school personnel, and all parents pursuant to
277 subparagraph (7)(f)2. The district school superintendent is
278 responsible for school environmental safety incident reporting.
279 A district school superintendent who fails to comply with this
280 subsection is subject to the penalties specified in law,
281 including, but not limited to, s. 1001.42(13)(b) or s.
282 1001.51(12)(b), as applicable. The State Board of Education
283 shall adopt rules establishing the requirements for the school
284 environmental safety incident report.
285 Section 4. Section 1006.1494, Florida Statutes, is created
286 to read:
287 1006.1494 Safe Schools Grant Program.—There is established
288 the Safe Schools Grant Program, a lottery-funded program, to be
289 administered by the Office of Safe Schools within the Department
290 of Education. Funding for such program shall be annually
291 allocated from the Education Enhancement Trust Fund.
292 (1) The office shall establish an application process for
293 awarding a grant under this section. Each eligible school shall
294 receive a grant pursuant to this section. The amount of each
295 grant shall be based on the size of the school’s enrollment. The
296 office shall prorate the amount of each grant to ensure that all
297 eligible schools that apply receive a grant. Subject to
298 available funds, the office may award bonus grants to schools
299 that have successfully complied with s. 1006.07(7)(f) for 3 or
300 more consecutive years.
301 (2) Annually, the office shall determine each school’s
302 eligibility for a grant by ensuring compliance with s.
303 1006.07(7)(f). A school that does not comply with s.
304 1006.07(7)(f) shall lose its grant eligibility as follows:
305 (a) First noncompliance within a 7-year period: the office
306 shall perform an audit of the last 6 months of activity for the
307 school’s threat assessment team.
308 (b) Second noncompliance within a 7-year period: the school
309 shall lose its eligibility to receive a grant under this section
310 for a period of 1 year.
311 (c) Third noncompliance within a 7-year period: the school
312 shall lose its eligibility to receive a grant under this section
313 for a period of 3 years.
314 (d) Fourth or subsequent noncompliance within a 7-year
315 period: the school shall lose its eligibility to receive a grant
316 under this section for a period of 5 years.
317
318 If 5 percent or more of the schools within a school district
319 fail to comply at least once within a 7-year period, the school
320 district must retrain all staff personnel within the school
321 district and shall have the amount of grant funds for which its
322 schools are eligible reduced by 30 percent. Any reduction in the
323 amount of funding for which such schools are eligible shall be
324 applied to the following school year.
325 (3) The State Board of Education shall adopt rules to
326 administer this section.
327 Section 5. This act shall take effect July 1, 2021.