Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 590
       
       
       
       
       
       
                                Ì733110[Î733110                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Appropriations (Harrell) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 79 - 196
    4  and insert:
    5         19. A reasonable attempt to notify Immediate notification
    6  to a student’s parent, guardian, or caregiver before if the
    7  student is removed from school, school transportation, or a
    8  school-sponsored activity to be and taken to a receiving
    9  facility for an involuntary examination pursuant to s. 394.463,
   10  including and subject to the requirements and exceptions
   11  established under ss. 1002.20(3) and 1002.33(9), as applicable.
   12         Section 2. Subsection (4) of section 394.463, Florida
   13  Statutes, is amended to read:
   14         394.463 Involuntary examination.—
   15         (4) DATA ANALYSIS.—Using data collected under paragraph
   16  (2)(a), the department shall, at a minimum, analyze data on both
   17  the initiation of involuntary examinations of children and the
   18  initiation of involuntary examinations of students who are
   19  removed from a school, identify any patterns or trends and cases
   20  in which involuntary examinations are repeatedly initiated on
   21  the same child or student, study root causes for such patterns,
   22  trends, or repeated involuntary examinations, and make
   23  recommendations to encourage the use of for encouraging
   24  alternatives to eliminate and eliminating inappropriate
   25  initiations of such examinations. The department shall submit a
   26  report on its findings and recommendations to the Governor, the
   27  President of the Senate, and the Speaker of the House of
   28  Representatives by November 1 of each odd-numbered odd numbered
   29  year.
   30         Section 3. Subsection (7) of section 1001.212, Florida
   31  Statutes, is amended to read:
   32         1001.212 Office of Safe Schools.—There is created in the
   33  Department of Education the Office of Safe Schools. The office
   34  is fully accountable to the Commissioner of Education. The
   35  office shall serve as a central repository for best practices,
   36  training standards, and compliance oversight in all matters
   37  regarding school safety and security, including prevention
   38  efforts, intervention efforts, and emergency preparedness
   39  planning. The office shall:
   40         (7) Provide data to support the evaluation of mental health
   41  services pursuant to s. 1004.44. Such data must include, for
   42  each school, the number of involuntary examinations as defined
   43  in s. 394.455 which are initiated at the school, on school
   44  transportation, or at a school-sponsored activity and the number
   45  of children for whom an examination is initiated.
   46         Section 4. Paragraph (l) of subsection (3) of section
   47  1002.20, Florida Statutes, is amended, and a new subsection (25)
   48  is added to that section, to read:
   49         1002.20 K-12 student and parent rights.—Parents of public
   50  school students must receive accurate and timely information
   51  regarding their child’s academic progress and must be informed
   52  of ways they can help their child to succeed in school. K-12
   53  students and their parents are afforded numerous statutory
   54  rights including, but not limited to, the following:
   55         (3) HEALTH ISSUES.—
   56         (l) Notification of involuntary examinations.—
   57         1. Except as provided in subparagraph 2., the public school
   58  principal or the principal’s designee shall make a reasonable
   59  attempt to immediately notify the parent of a student before the
   60  student who is removed from school, school transportation, or a
   61  school-sponsored activity to be and taken to a receiving
   62  facility for an involuntary examination pursuant to s. 394.463.
   63         2. The principal or the principal’s designee may delay the
   64  required notification for no more than 24 hours after the
   65  student is removed if:
   66         a. The principal or the principal’s designee deems the
   67  delay to be in the student’s best interest and if a report has
   68  been submitted to the central abuse hotline, pursuant to s.
   69  39.201, based upon knowledge or suspicion of abuse, abandonment,
   70  or neglect; or
   71         b. The principal or principal’s designee reasonably
   72  believes that such delay is necessary to avoid jeopardizing the
   73  health and safety of the student.
   74         3. Before a principal or his or her designee contacts a law
   75  enforcement officer, he or she must verify that deescalation de
   76  escalation strategies have been utilized and outreach to a
   77  mobile response team has been initiated unless the principal or
   78  the principal’s designee reasonably believes that any delay in
   79  removing the student will increase the likelihood of harm to the
   80  student or others. This requirement does not supersede the
   81  authority of a law enforcement officer to act under s. 394.463.
   82  
   83  Each district school board shall develop a policy and procedures
   84  for notification under this paragraph.
   85         (25)SAFE SCHOOLS.—
   86         (a)School safety and emergency incidents.—Parents of
   87  public school students have a right to timely notification of
   88  threats, unlawful acts, and significant emergencies pursuant to
   89  s. 1006.07(4) and (7).
   90         (b)School environmental safety incident reporting.—Parents
   91  of public school students have a right to access school safety
   92  and discipline incidents as reported pursuant to s. 1006.07(9).
   93         Section 5. Paragraph (q) of subsection (9) of section
   94  1002.33, Florida Statutes, is amended, and paragraph (r) is
   95  added to that subsection, to read:
   96         1002.33 Charter schools.—
   97         (9) CHARTER SCHOOL REQUIREMENTS.—
   98         (q)1. The charter school principal or the principal’s
   99  designee shall make a reasonable attempt to immediately notify
  100  the parent of a student before the student who is removed from
  101  school, school transportation, or a school-sponsored activity to
  102  be and taken to a receiving facility for an involuntary
  103  examination pursuant to s. 394.463.
  104         2. The principal or the principal’s designee may delay
  105  notification for no more than 24 hours after the student is
  106  removed if:
  107         a. The principal or the principal’s designee deems the
  108  delay to be in the student’s best interest and if a report has
  109  been submitted to the central abuse hotline, pursuant to s.
  110  39.201, based upon knowledge or suspicion of abuse, abandonment,
  111  or neglect; or
  112         b. The principal or the principal’s designee reasonably
  113  believes that such delay is necessary to avoid jeopardizing the
  114  health and safety of the student.
  115         3. Before a principal or his or her designee contacts a law
  116  enforcement officer, he or she must verify that deescalation de
  117  escalation strategies have been utilized and outreach to a
  118  mobile response team has been initiated unless the principal or
  119  the principal’s designee reasonably believes that any delay in
  120  removing the student will increase the likelihood of harm to the
  121  student or others. This requirement does not supersede the
  122  authority of a law enforcement officer to act under s. 394.463.
  123  
  124  Each charter school governing board shall develop a policy and
  125  procedures for notification under this paragraph.
  126         (r)1.Parents of charter school students have a right to
  127  timely notification of threats, unlawful acts, and significant
  128  emergencies pursuant to s. 1006.07(4) and (7).
  129         2.Parents of charter school students have a right to
  130  access school safety and discipline incidents as reported
  131  pursuant to s. 1006.07(9).
  132         Section 6. Paragraphs (a) and (b) of subsection (4) of
  133  section 1006.07, Florida Statutes, are amended, and paragraphs
  134  (n) and (o) of subsection (2) and subsection (10) are added to
  135  that section, to read:
  136         1006.07 District school board duties relating to student
  137  discipline and school safety.—The district school board shall
  138  provide for the proper accounting for all students, for the
  139  attendance and control of students at school, and for proper
  140  attention to health, safety, and other matters relating to the
  141  welfare of students, including:
  142         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  143  conduct for elementary schools and a code of student conduct for
  144  middle and high schools and distribute the appropriate code to
  145  all teachers, school personnel, students, and parents, at the
  146  beginning of every school year. Each code shall be organized and
  147  written in language that is understandable to students and
  148  parents and shall be discussed at the beginning of every school
  149  year in student classes, school advisory council meetings, and
  150  parent and teacher association or organization meetings. Each
  151  code shall be based on the rules governing student conduct and
  152  discipline adopted by the district school board and shall be
  153  made available in the student handbook or similar publication.
  154  Each code shall include, but is not limited to:
  155         (n)Criteria for recommending to law enforcement that a
  156  student who commits a criminal offense be allowed to participate
  157  in a civil citation or similar prearrest diversion program as an
  158  alternative to expulsion or arrest. All civil citation or
  159  similar prearrest diversion programs must comply with s. 985.12.
  160         (o)Criteria for assigning a student who commits a petty
  161  act of misconduct, as defined by the district school board
  162  pursuant to s. 1006.13(2)(c), to a school-based intervention
  163  program. If a student’s assignment is based on a noncriminal
  164  offense, the student’s participation in a school-based
  165  intervention program may not be entered into the Juvenile
  166  Justice Information System Prevention Web.
  167         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  168         (a) Formulate and prescribe policies and procedures, in
  169  consultation with the appropriate public safety agencies, for
  170  emergency drills and for actual emergencies, including, but not
  171  limited to, fires, natural disasters, active assailant shooter
  172  and hostage situations, and bomb threats, for all students and
  173  faculty at all public schools of the district comprised of
  174  grades K-12. Drills for active assailant shooter and hostage
  175  situations shall be conducted in accordance with developmentally
  176  appropriate and age-appropriate procedures at least as often as
  177  other emergency drills. District school board policies shall
  178  include commonly used alarm system responses for specific types
  179  of emergencies and verification by each school that drills have
  180  been provided as required by law and fire protection codes and
  181  may provide accommodations for drills conducted by exceptional
  182  student education centers. District school boards shall
  183  establish The emergency response and emergency preparedness
  184  policies and procedures that include, but are not limited to,
  185  identifying policy shall identify the individuals responsible
  186  for contacting the primary emergency response agency and the
  187  emergency response agency that is responsible for notifying the
  188  school district for each type of emergency.
  189         (b) Provide timely Establish model emergency management and
  190  emergency preparedness procedures, including emergency
  191  notification to parents of threats pursuant to policies adopted
  192  under subsection (7) and procedures pursuant to paragraph (a),
  193  for the following unlawful acts or significant emergencies that
  194  occur on school grounds, during school transportation, or during
  195  school-sponsored activities life-threatening emergencies:
  196         1. Weapons possession or use when there is intended harm
  197  toward another person Weapon-use, hostage, and active assailant
  198  shooter situations. The active assailant shooter situation
  199  training for each school must engage the participation of the
  200  district school safety specialist, threat assessment team
  201  members, faculty, staff, and students and must be conducted by
  202  the law enforcement agency or agencies that are designated as
  203  first responders to the school’s campus.
  204         2.Murder, homicide, or manslaughter.
  205         3.Sex offenses, including rape, sexual assault, or sexual
  206  misconduct with a student by school personnel.
  207         2.Hazardous materials or toxic chemical spills.
  208         4.3.Natural Weather emergencies, including hurricanes,
  209  tornadoes, and severe storms.
  210         5.4. Exposure as a result of a manmade emergency.
  211  
  212  ================= T I T L E  A M E N D M E N T ================
  213  And the title is amended as follows:
  214         Delete lines 2 - 21
  215  and insert:
  216         An act relating to school safety; amending s.
  217         381.0056, F.S.; revising parent, guardian, or
  218         caregiver notification requirements that must be met
  219         before an involuntary examination of a minor; amending
  220         s. 394.463, F.S.; revising data reporting requirements
  221         for the Department of Children and Families; amending
  222         s. 1001.212, F.S.; revising data reporting
  223         requirements for the Office of Safe Schools; amending
  224         s. 1002.20, F.S.; revising parent and guardian
  225         notification requirements; providing an exception;
  226         providing that parents of public school students have
  227         a right to access school safety and discipline
  228         incidents as reported; amending s. 1002.33, F.S.;
  229         revising parent and guardian notification
  230         requirements; providing an exception; providing that
  231         parents of charter school students have a right to
  232         access school safety and discipline incidents as
  233         reported; amending s. 1006.07, F.S.; requiring codes
  234         of student conduct to include provisions relating to
  235         civil citation or similar prearrest diversion programs
  236         for specified purposes; requiring codes of student
  237         conduct to include provisions relating to the
  238         assignment of students to school-based intervention
  239         programs; prohibiting participation in such programs
  240         from being entered into a specified system under
  241         certain circumstances; authorizing certain procedures
  242         to include accommodations for specified drills;
  243         requiring district school boards to establish certain
  244         emergency response and emergency preparedness policies
  245         and procedures and provide timely notification to
  246         parents following certain unlawful acts or significant
  247         emergencies; creating reporting requirements for
  248         schools