Florida Senate - 2012                      CS for CS for SB 1886
       
       
       
       By the Committees on Criminal Justice; and Education Pre-K - 12;
       and Senator Wise
       
       
       
       591-03529A-12                                         20121886c2
    1                        A bill to be entitled                      
    2         An act relating to zero tolerance for crime and
    3         victimization in schools; amending s. 1006.13, F.S.;
    4         revising legislative intent to encourage schools to
    5         address disruptive behavior through school offense
    6         protocols; requiring that each district school board
    7         adopt a policy for reporting to a law enforcement
    8         agency acts that pose a serious threat to school
    9         safety; requiring that minor incidents be diverted
   10         from the juvenile justice system and handled within
   11         the school system’s disciplinary system; requiring
   12         each district school board to implement a training
   13         program for school administrators and teachers
   14         regarding the negative consequences and future effects
   15         of an arrest of a juvenile and of the existing in
   16         school alternatives to discipline a student for
   17         committing petty acts of misconduct without involving
   18         a law enforcement agency; requiring that each district
   19         school board enter into an agreement with the county
   20         sheriff’s office and local police department which
   21         includes a role for school resource officers, if
   22         applicable, to handle reported incidents that pose a
   23         serious threat to school safety; requiring the
   24         agreements to prescribe the circumstances and offenses
   25         that school officials may handle through alternatives
   26         to arrest; requiring the school principal to send an
   27         incident report when an arrest of a student under the
   28         jurisdiction of the school board is for an incident
   29         that is a serious threat to school safety; requiring
   30         that, by a specified date and annually thereafter,
   31         each school district provide its policies related to
   32         zero tolerance for crime and victimization to the
   33         Department of Education; providing an effective date.
   34  
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Section 1006.13, Florida Statutes, is amended to
   38  read:
   39         1006.13 Policy of zero tolerance for crime and
   40  victimization.—
   41         (1) It is the intent of the Legislature to promote a safe
   42  and supportive learning environment in schools, to protect
   43  students and staff from conduct that poses a serious threat to
   44  school safety, and to encourage schools to use alternatives to
   45  expulsion, or referral to law enforcement agencies by addressing
   46  disruptive behavior through restitution, civil citation, teen
   47  court, neighborhood restorative justice, school offense
   48  protocols, or similar programs. The Legislature finds that zero
   49  tolerance policies are not intended to be rigorously applied to
   50  petty acts of misconduct and misdemeanors, including, but not
   51  limited to, minor fights or disturbances. The Legislature finds
   52  that zero-tolerance policies must apply equally to all students
   53  regardless of their economic status, race, or disability.
   54         (2) Each district school board shall adopt a policy of zero
   55  tolerance that:
   56         (a) Defines criteria for reporting to a law enforcement
   57  agency any act that occurs whenever or wherever students are
   58  within the jurisdiction of the district school board that poses
   59  a serious threat to school safety.
   60         (b) Defines acts that pose a serious threat to school
   61  safety.
   62         (c) Provides that school officials may not request a law
   63  enforcement agency to respond to petty acts of misconduct. Such
   64  incidents shall be handled within the school disciplinary
   65  system.
   66         (d)(c) Defines petty acts of misconduct.
   67         (e)Defines criteria for reporting to a law enforcement
   68  agency the misdemeanor offenses that do not pose a serious
   69  threat to school safety. These offenses may be handled within
   70  the school disciplinary system with the victim’s consent or by a
   71  law enforcement agency.
   72         (f) Provides, within existing inservice training modules, a
   73  comprehensive training program for school administrators and
   74  teachers regarding the potential negative consequences and
   75  future effects of an arrest of a juvenile and of the existing
   76  in-school alternatives to discipline a student for committing
   77  petty acts of misconduct without involving a law enforcement
   78  agency.
   79         (g) Provides that the school disciplinary system shall
   80  document and include corrective training, interventions, or
   81  teaching of alternative behaviors specific to the offense when
   82  the student is required to miss scheduled classroom instruction
   83  time due to the offense and its disciplinary action.
   84         (h)(d) Minimizes the victimization of students, staff, or
   85  volunteers, including taking all steps necessary to protect the
   86  victim of any violent crime from any further victimization.
   87         (i)(e) Establishes a procedure that provides each student
   88  with the opportunity for a review of the disciplinary action
   89  imposed pursuant to s. 1006.07.
   90         (3) Zero-tolerance policies must require students found to
   91  have committed one of the following offenses to be expelled,
   92  with or without continuing educational services, from the
   93  student’s regular school for a period of not less than 1 full
   94  year, and to be referred to the criminal justice or juvenile
   95  justice system.
   96         (a) Bringing a firearm or weapon, as defined in chapter
   97  790, to school, to any school function, or onto any school
   98  sponsored transportation or possessing a firearm at school.
   99         (b) Making a threat or false report, as defined by ss.
  100  790.162 and 790.163, respectively, involving school or school
  101  personnel’s property, school transportation, or a school
  102  sponsored activity.
  103  
  104  District school boards may assign the student to a disciplinary
  105  program for the purpose of continuing educational services
  106  during the period of expulsion. District school superintendents
  107  may consider the 1-year expulsion requirement on a case-by-case
  108  basis and request the district school board to modify the
  109  requirement by assigning the student to a disciplinary program
  110  or second chance school if the request for modification is in
  111  writing and it is determined to be in the best interest of the
  112  student and the school system. If a student committing any of
  113  the offenses in this subsection is a student who has a
  114  disability, the district school board shall comply with
  115  applicable State Board of Education rules.
  116         (4)(a) Each district school board shall enter into
  117  agreements with the county sheriff’s office and local police
  118  department specifying guidelines for ensuring that acts that
  119  pose a serious threat to school safety, whether committed by a
  120  student or adult, are reported to a law enforcement agency.
  121         (b) The agreements must prescribe: include
  122         1. The role of school resource officers, if applicable, in
  123  handling reported incidents that pose a serious threat to school
  124  safety;,
  125         2. The circumstances in which those misdemeanor offenses
  126  that do not pose a serious threat to school safety officials may
  127  be handled through alternatives to arrest with the victim’s
  128  consent, if applicable; and handle incidents without filing a
  129  report with a law enforcement agency, and a procedure for
  130  ensuring that school personnel properly report appropriate
  131  delinquent acts and crimes.
  132         3. The circumstances and incidents of petty misconduct that
  133  school officials shall handle without filing a report with a law
  134  enforcement agency.
  135         (c) Zero-tolerance policies do not require the reporting of
  136  petty acts of misconduct and misdemeanors to a law enforcement
  137  agency, including, but not limited to, disorderly conduct,
  138  disrupting a school function, simple assault or battery, affray,
  139  theft of less than $300, trespassing, and vandalism of less than
  140  $1,000.
  141         (d) The school principal shall ensure that all school
  142  personnel are properly informed of as to their responsibilities
  143  regarding crime reporting, that appropriate delinquent acts and
  144  crimes are properly reported, and that actions taken in cases
  145  with special circumstances are properly managed taken and
  146  documented. In addition, the school principal shall send an
  147  incident report to the superintendent, in writing, of the arrest
  148  of a student who is under the jurisdiction of the district
  149  school board for an act that poses a serious threat to school
  150  safety.
  151         (5) Notwithstanding any other provision of law, each
  152  district school board shall adopt rules providing that any
  153  student found to have committed any offense in s. 784.081(1),
  154  (2), or (3) shall be expelled or placed in an alternative school
  155  setting or other program, as appropriate. Upon being charged
  156  with the offense, the student shall be removed from the
  157  classroom immediately and placed in an alternative school
  158  setting pending disposition.
  159         (6)(a) Notwithstanding any provision of law prohibiting the
  160  disclosure of the identity of a minor, whenever any student who
  161  is attending a public school is adjudicated guilty of or
  162  delinquent for, or is found to have committed, regardless of
  163  whether adjudication is withheld, or pleads guilty or nolo
  164  contendere to, a felony violation of:
  165         1. Chapter 782, relating to homicide;
  166         2. Chapter 784, relating to assault, battery, and culpable
  167  negligence;
  168         3. Chapter 787, relating to kidnapping, false imprisonment,
  169  luring or enticing a child, and custody offenses;
  170         4. Chapter 794, relating to sexual battery;
  171         5. Chapter 800, relating to lewdness and indecent exposure;
  172         6. Chapter 827, relating to abuse of children;
  173         7. Section 812.13, relating to robbery;
  174         8. Section 812.131, relating to robbery by sudden
  175  snatching;
  176         9. Section 812.133, relating to carjacking; or
  177         10. Section 812.135, relating to home-invasion robbery,
  178  
  179  and, before or at the time of such adjudication, withholding of
  180  adjudication, or plea, the offender was attending a school
  181  attended by the victim or a sibling of the victim of the
  182  offense, the Department of Juvenile Justice shall notify the
  183  appropriate district school board of the adjudication or plea,
  184  the requirements in this paragraph, and whether the offender is
  185  prohibited from attending that school or riding on a school bus
  186  whenever the victim or a sibling of the victim is attending the
  187  same school or riding on the same school bus, except as provided
  188  pursuant to a written disposition order under s. 985.455(2).
  189  Upon receipt of such notice, the district school board shall
  190  take appropriate action to effectuate the provisions in
  191  paragraph (b).
  192         (b) Each district school board shall adopt a cooperative
  193  agreement with the Department of Juvenile Justice which
  194  establishes guidelines for ensuring that any no-contact no
  195  contact order entered by a court is reported and enforced and
  196  that all of the necessary steps are taken to protect the victim
  197  of the offense. Any offender described in paragraph (a), who is
  198  not exempted as provided in paragraph (a), may not attend any
  199  school attended by the victim or a sibling of the victim of the
  200  offense or ride on a school bus on which the victim or a sibling
  201  of the victim is riding. The offender shall be permitted by the
  202  district school board to attend another school within the
  203  district in which the offender resides, only if the other school
  204  is not attended by the victim or sibling of the victim of the
  205  offense; or the offender may be permitted by another district
  206  school board to attend a school in that district if the offender
  207  is unable to attend any school in the district in which the
  208  offender resides.
  209         (c) If the offender is unable to attend any other school in
  210  the district in which the offender resides and is prohibited
  211  from attending a school in another school district, the district
  212  school board in the school district in which the offender
  213  resides shall take every reasonable precaution to keep the
  214  offender separated from the victim while on school grounds or on
  215  school transportation. The steps to be taken by a district
  216  school board to keep the offender separated from the victim must
  217  include, but are not limited to, in-school suspension of the
  218  offender and the scheduling of classes, lunch, or other school
  219  activities of the victim and the offender so as not to coincide.
  220         (d) The offender, or the parents of the offender if the
  221  offender is a juvenile, shall arrange and pay for transportation
  222  associated with or required by the offender’s attending another
  223  school or that would be required as a consequence of the
  224  prohibition against riding on a school bus on which the victim
  225  or a sibling of the victim is riding. However, the offender or
  226  the parents of the offender may not be charged for existing
  227  modes of transportation that can be used by the offender at no
  228  additional cost to the district school board.
  229         (7) Any disciplinary or prosecutorial action taken against
  230  a student who violates a zero-tolerance policy must be based on
  231  the particular circumstances of the student’s misconduct.
  232         (8) School districts are encouraged to use alternatives to
  233  expulsion or referral to law enforcement agencies unless the use
  234  of such alternatives will pose a threat to school safety. By
  235  September 1, 2013, and annually thereafter, each school district
  236  shall provide its policy related to zero tolerance to the
  237  department to ensure compliance.
  238         Section 2. This act shall take effect July 1, 2012.