Florida Senate - 2014                                    SB 1244
       
       
        
       By Senator Thompson
       
       
       
       
       
       12-00633B-14                                          20141244__
    1                        A bill to be entitled                      
    2         An act relating to zero-tolerance policies; amending
    3         s. 1006.13, F.S.; revising the intent of the
    4         Legislature to require schools to use alternatives to
    5         expulsion or referral to law enforcement agencies;
    6         requiring each district school board to adopt rules
    7         requiring that a student found to have committed
    8         certain offenses be placed in an alternative school
    9         setting or other program, rather than expelled;
   10         conforming provisions to changes made by the act;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (1), (5), and (8) of section
   16  1006.13, Florida Statutes, are amended to read:
   17         1006.13 Policy of zero tolerance for crime and
   18  victimization.—
   19         (1) It is the intent of the Legislature to promote a safe
   20  and supportive learning environment in schools, to protect
   21  students and staff from conduct that poses a serious threat to
   22  school safety, and to require encourage schools to use
   23  alternatives to expulsion or referral to law enforcement
   24  agencies, except when there is a threat to school safety, by
   25  addressing disruptive behavior through restitution, civil
   26  citation, teen court, neighborhood restorative justice, or
   27  similar programs. The Legislature finds that zero-tolerance
   28  policies are not intended to be rigorously applied to petty acts
   29  of misconduct and misdemeanors, including, but not limited to,
   30  minor fights or disturbances. The Legislature finds that zero
   31  tolerance policies must apply equally to all students regardless
   32  of their economic status, race, or disability.
   33         (5) Notwithstanding any other provision of law, each
   34  district school board shall adopt rules requiring providing that
   35  a any student found to have committed an any offense in s.
   36  784.081(1), (2), or (3) shall be expelled or placed in an
   37  alternative school setting or other program, when as
   38  appropriate. Upon being charged with the offense, the student
   39  shall be removed from the classroom immediately and placed in an
   40  alternative school setting pending disposition.
   41         (8) Except as provided in subsection (3), school districts
   42  shall are encouraged to use alternatives to expulsion or
   43  referral to law enforcement agencies unless the use of such
   44  alternatives will pose a threat to school safety.
   45         Section 2. This act shall take effect July 1, 2014.