Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 590
       
       
       
       
       
       
                                Ì227004oÎ227004                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/22/2021 10:59 AM       .                                
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       Senators Harrell and Gibson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 97 - 189
    4  and insert:
    5  established under ss. 1002.20(3) and 1002.33(9), as applicable.
    6  For purposes of this subparagraph, “a reasonable attempt to
    7  notify” means the exercise of reasonable diligence and care by
    8  the principal or the principal’s designee to make contact with
    9  the student’s parent, guardian, or other known emergency contact
   10  whom the student’s parent or guardian has authorized to receive
   11  notification of an involuntary examination. At a minimum, the
   12  principal or the principal’s designee must take the following
   13  actions:
   14         a. Use available methods of communication to contact the
   15  student’s parent, guardian, or other known emergency contact,
   16  including but not limited to, telephone calls, text messages, e
   17  mails, and voice mail messages following the decision to
   18  initiate an involuntary examination of the student.
   19         b. Document the method and number of attempts made to
   20  contact the student’s parent, guardian, or other known emergency
   21  contact, and the outcome of each attempt.
   22  
   23  A principal or his or her designee who successfully notifies any
   24  other known emergency contact may share only the information
   25  necessary to alert such contact that the parent or caregiver
   26  must be contacted. All such information must be in compliance
   27  with federal and state law.
   28         Section 2. Subsection (4) of section 394.463, Florida
   29  Statutes, is amended to read:
   30         394.463 Involuntary examination.—
   31         (4) DATA ANALYSIS.—Using data collected under paragraph
   32  (2)(a), the department shall, at a minimum, analyze data on both
   33  the initiation of involuntary examinations of children and the
   34  initiation of involuntary examinations of students who are
   35  removed from a school, identify any patterns or trends and cases
   36  in which involuntary examinations are repeatedly initiated on
   37  the same child or student, study root causes for such patterns,
   38  trends, or repeated involuntary examinations, and make
   39  recommendations to encourage the use of for encouraging
   40  alternatives to eliminate and eliminating inappropriate
   41  initiations of such examinations. The department shall submit a
   42  report on its findings and recommendations to the Governor, the
   43  President of the Senate, and the Speaker of the House of
   44  Representatives by November 1 of each odd-numbered odd numbered
   45  year.
   46         Section 3. Subsection (7) of section 1001.212, Florida
   47  Statutes, is amended to read:
   48         1001.212 Office of Safe Schools.—There is created in the
   49  Department of Education the Office of Safe Schools. The office
   50  is fully accountable to the Commissioner of Education. The
   51  office shall serve as a central repository for best practices,
   52  training standards, and compliance oversight in all matters
   53  regarding school safety and security, including prevention
   54  efforts, intervention efforts, and emergency preparedness
   55  planning. The office shall:
   56         (7) Provide data to support the evaluation of mental health
   57  services pursuant to s. 1004.44. Such data must include, for
   58  each school, the number of involuntary examinations as defined
   59  in s. 394.455 which are initiated at the school, on school
   60  transportation, or at a school-sponsored activity and the number
   61  of children for whom an examination is initiated.
   62         Section 4. Paragraph (l) of subsection (3) of section
   63  1002.20, Florida Statutes, is amended, and subsection (25) is
   64  added to that section, to read:
   65         1002.20 K-12 student and parent rights.—Parents of public
   66  school students must receive accurate and timely information
   67  regarding their child’s academic progress and must be informed
   68  of ways they can help their child to succeed in school. K-12
   69  students and their parents are afforded numerous statutory
   70  rights including, but not limited to, the following:
   71         (3) HEALTH ISSUES.—
   72         (l) Notification of involuntary examinations.—
   73         1. Except as provided in subparagraph 2., the public school
   74  principal or the principal’s designee shall make a reasonable
   75  attempt to immediately notify the parent of a student before the
   76  student who is removed from school, school transportation, or a
   77  school-sponsored activity to be and taken to a receiving
   78  facility for an involuntary examination pursuant to s. 394.463.
   79  For purposes of this subparagraph, “a reasonable attempt to
   80  notify” means the exercise of reasonable diligence and care by
   81  the principal or the principal’s designee to make contact with
   82  the student’s parent, guardian, or other known emergency contact
   83  whom the student’s parent or guardian has authorized to receive
   84  notification of an involuntary examination. At a minimum, the
   85  principal or the principal’s designee must take the following
   86  actions:
   87         a.Use available methods of communication to contact the
   88  student’s parent, guardian, or other known emergency contact,
   89  including but not limited to, telephone calls, text messages, e
   90  mails, and voice mail messages following the decision to
   91  initiate an involuntary examination of the student.
   92         b.Document the method and number of attempts made to
   93  contact the student’s parent, guardian, or other known emergency
   94  contact, and the outcome of each attempt.
   95  
   96  A principal or his or her designee who successfully notifies any
   97  other known emergency contact may share only the information
   98  necessary to alert such contact that the parent or caregiver
   99  must be contacted. All such information must be in compliance
  100  with federal and state law.
  101         2. The principal or the principal’s designee may delay the
  102  required notification for no more than 24 hours after the
  103  student is removed if:
  104         a. The principal or the principal’s designee deems the
  105  delay to be in the student’s best interest and if a report has
  106  been submitted to the central abuse hotline, pursuant to s.
  107  39.201, based upon knowledge or suspicion of abuse, abandonment,
  108  or neglect; or
  109         b. The principal or principal’s designee reasonably
  110  believes that such delay is necessary to avoid jeopardizing the
  111  health and safety of the student.
  112         3. Before a principal or his or her designee contacts a law
  113  enforcement officer, he or she must verify that de-escalation
  114  strategies have been utilized and outreach to a mobile response
  115  team has been initiated unless the principal or the principal’s
  116  designee reasonably believes that any delay in removing the
  117  student will increase the likelihood of harm to the student or
  118  others. This requirement does not supersede the authority of a
  119  law enforcement officer to act under s. 394.463.
  120  
  121  Each district school board shall develop a policy and procedures
  122  for notification under this paragraph.
  123         (25)SAFE SCHOOLS.—
  124         (a)School safety and emergency incidents.—Parents of
  125  public school students have a right to timely notification of
  126  threats, unlawful acts, and significant emergencies pursuant to
  127  s. 1006.07(4) and (7).
  128         (b)School environmental safety incident reporting.—Parents
  129  of public school students have a right to access school safety
  130  and discipline incidents as reported pursuant to s. 1006.07(9).
  131         Section 5. Paragraph (q) of subsection (9) of section
  132  1002.33, Florida Statutes, is amended, and paragraph (r) is
  133  added to that subsection, to read:
  134         1002.33 Charter schools.—
  135         (9) CHARTER SCHOOL REQUIREMENTS.—
  136         (q)1. The charter school principal or the principal’s
  137  designee shall make a reasonable attempt to immediately notify
  138  the parent of a student before the student who is removed from
  139  school, school transportation, or a school-sponsored activity to
  140  be and taken to a receiving facility for an involuntary
  141  examination pursuant to s. 394.463. For purposes of this
  142  subparagraph, “a reasonable attempt to notify” means the
  143  exercise of reasonable diligence and care by the principal or
  144  the principal’s designee to make contact with the student’s
  145  parent, guardian, or other known emergency contact whom the
  146  student’s parent or guardian has authorized to receive
  147  notification of an involuntary examination. At a minimum, the
  148  principal or the principal’s designee must take the following
  149  actions:
  150         a.Use available methods of communication to contact the
  151  student’s parent, guardian, or other known emergency contact,
  152  including but not limited to, telephone calls, text messages, e
  153  mails, and voice mail messages following the decision to
  154  initiate an involuntary examination of the student.
  155         b.Document the method and number of attempts made to
  156  contact the student’s parent, guardian, or other known emergency
  157  contact, and the outcome of each attempt.
  158  
  159  A principal or his or her designee who successfully notifies any
  160  other known emergency contact may share only the information
  161  necessary to alert such contact that the parent or caregiver
  162  must be contacted. All such information must be in compliance
  163  with federal and state law.
  164  
  165  ================= T I T L E  A M E N D M E N T ================
  166  And the title is amended as follows:
  167         Delete lines 5 - 15
  168  and insert:
  169         before an involuntary examination of a minor; defining
  170         the term “a reasonable attempt to notify”; requiring a
  171         principal or his or her designee who successfully
  172         notifies any known emergency contact to share only the
  173         information necessary to alert such contact that the
  174         parent or caregiver must be contacted; requiring all
  175         such information to be in compliance with federal and
  176         state law; amending s. 394.463, F.S.; revising data
  177         reporting requirements for the Department of Children
  178         and Families; amending s. 1001.212, F.S.; revising
  179         data reporting requirements for the Office of Safe
  180         Schools; amending s. 1002.20, F.S.; revising parent
  181         notification requirements; providing an exception;
  182         defining the term “a reasonable attempt to notify”;
  183         requiring a principal or his or her designee who
  184         successfully notifies any known emergency contact to
  185         share only the information necessary to alert such
  186         contact that the parent or caregiver must be
  187         contacted; requiring all such information to be in
  188         compliance with federal and state law; providing that
  189         parents of public school students have a right to
  190         access school safety and discipline incidents as
  191         reported; amending s. 1002.33, F.S.; revising parent
  192         notification requirements; defining the term “a
  193         reasonable attempt to notify”; requiring a principal
  194         or his or her designee who successfully notifies any
  195         known emergency contact to share only the information
  196         necessary to alert such contact that the parent or
  197         caregiver must be contacted; requiring all such
  198         information to be in compliance with federal and state
  199         law; providing an exception;