Senate Bill sb2166

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    Florida Senate - 2001                                  SB 2166

    By Senator Silver





    38-1256A-01

  1                      A bill to be entitled

  2         An act relating to school safety; creating the

  3         "Safe Passage Act"; creating s. 229.8349, F.S.;

  4         providing legislative findings and intent;

  5         providing for safety audits of school districts

  6         and safety and security programs, district

  7         plans and procedures, and safety and security

  8         practices; requiring a public review of audit

  9         recommendations; requiring an action plan to

10         address audit recommendations; providing for

11         appeal of a school district failure to adopt or

12         implement an action plan; providing for school

13         safety hotlines; requiring reporting of

14         offenses against school property or persons on

15         school property; providing penalties for

16         failure to report known or suspected threats;

17         providing penalties for false reports of

18         threats; providing immunity from liability for

19         good-faith reporting of suspected threats;

20         requiring a record of hotline calls and a

21         review of the record; providing for rules;

22         amending s. 235.06, F.S.; providing for the

23         State Fire Marshal to adopt rules for

24         firesafety in educational facilities; providing

25         for firesafety inspections by personnel or the

26         local fire control authority or the State Fire

27         Marshal; providing responsibilities of local

28         fire control authorities with respect to

29         firesafety in educational facilities; amending

30         s. 633.01, F.S.; prescribing duty of the State

31         Fire Marshal to adopt rules relating to

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  1         firesafety of occupants of educational

  2         facilities; providing an effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Section 229.8349, Florida Statutes, is

  7  created to read:

  8         229.8349  School safety accountability program.--

  9         (1)  SHORT TITLE.--This section may be cited as the

10  "Safe Passage Act."

11         (2)  FINDINGS.--The Legislature finds that:

12         (a)  The safety of our students, teachers, and staff is

13  as important to our children's welfare as academic

14  performance.

15         (b)  A school atmosphere characterized by fear,

16  violence, and intimidation adversely affects learning,

17  teaching, and students' mental well-being, socialization, and

18  adaptation.

19         (c)  A school atmosphere characterized by safety and

20  security promotes learning, teaching, and emotional health and

21  well-being.

22         (3)  INTENT.--It is the intent of the Legislature to

23  foster a safe learning environment in each public school in

24  the state serving all or portions of grades K-12. To enhance

25  children's safe passage through Florida's K-12 public

26  education system, a school safety accountability program is

27  created. The Commissioner of Education may offer school

28  districts technical assistance to promote successful

29  implementation of this school safety accountability program.

30         (4)  BEST SAFETY AND SECURITY PRACTICES.--"Best safety

31  and security practices" are those practices identified in this

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  1  section which have been developed pursuant to s. 230.23025 by

  2  the Office of Program Policy Analysis and Government

  3  Accountability and the Office of the Auditor General and

  4  approved by the Commissioner of Education in consultation with

  5  the Partnership for School Safety and Security established in

  6  s. 229.8347. The Department of Education shall provide

  7  Internet access to Best Safety and Security Practices, which

  8  shall be used by school advisory councils for school

  9  improvement plans required by s. 230.23(6).

10         (5)  DESIGNATION OF SCHOOL DISTRICTS.--Each school

11  district shall be subject to a safety audit on a 5-year cycle

12  as provided by the Legislature in the General Appropriations

13  Act. No later than December 31 of each year, the Commissioner

14  of Education shall recommend to the President of the Senate

15  and the Speaker of the House of Representatives the school

16  districts that are proposed to undergo audits during the next

17  fiscal year. The Legislature shall annually designate in the

18  General Appropriations Act those school districts that will

19  receive a fully funded safety audit.

20         (6)  SAFETY AUDITS.--

21         (a)  School districts shall be subject to a

22  state-funded, mandatory audit to be conducted by professional,

23  third-party auditors under state contract with the Department

24  of Education. At least one member of the audit team must have

25  expertise in school psychology, social work, or guidance

26  counseling and one member of the audit team must have

27  expertise in law enforcement. The audit shall gather evidence

28  of the extent to which the district and schools within the

29  district have adopted and effectively implemented best safety

30  and security practices, including, without limitation, the

31  following:

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  1         1.  The school district ensures that it has a safety

  2  and security program that has clear direction and is effective

  3  in meeting its intended purpose in a cost-efficient manner by

  4  adoption and implementation of the following practices:

  5         a.  The district has established and implemented

  6  accountability mechanisms to ensure the performance,

  7  efficiency, and effectiveness of the safety and security

  8  program.

  9         b.  The district regularly reviews the organizational

10  structure and staffing levels of the safety and security

11  program and minimizes administrative layers and processes.

12         2.  The school district has comprehensive plans and

13  procedures to promote the safety and security of students and

14  employees, including, without limitation, the following best

15  safety and security practices:

16         a.  The district has a written comprehensive plan that

17  includes district-wide emergency and safety procedures and

18  identifies those responsible for them.

19         b.  The district has developed a checklist for each

20  school that provides step-by-step crisis response procedures.

21         c.  The district identifies district and school

22  personnel who need school safety training and provides those

23  personnel with appropriate training.

24         3.  The school district endeavors to identify,

25  minimize, and protect students, teachers, administrators,

26  resource officers, and other personnel from the effects of

27  disruptive or violent student behavior by adoption and

28  implementation of best safety and security practices,

29  including, without limitation, the following:

30

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  1         a.  Each school has in place a state-of-the-art threat

  2  assessment methodology for students, teachers, administrators,

  3  resource officers, and other personnel.

  4         b.  The district identifies and implements parent and

  5  community outreach strategies to promote safety in the home

  6  and community.

  7         c.  The district conducts a needs assessment to

  8  determine the need for violence and drug prevention programs

  9  and, based on identified needs, implements appropriate

10  programs.

11         d.  The district and each school have behavioral and

12  disciplinary policies that are well-defined and

13  well-communicated to students, parents, teachers,

14  administrators, resource officers, and other personnel.

15         e.  The school board adopts curricula and programs

16  aimed at protecting students, teachers, administrators,

17  resource officers, and other personnel to include, without

18  limitation, training of students, teachers, administrators,

19  resource officers, and other personnel in the assessment and

20  management of threats; anger management; and dispute

21  resolution through mediation.

22         4.  School facilities and equipment are safe and in

23  good working condition by adoption and implementation of best

24  safety and security practices, including, without limitation,

25  the following:

26         a.  The district can demonstrate that each school in

27  the district has performed an annual self-assessment of all

28  relevant health and safety issues.

29         b.  The district ensures that playgrounds are properly

30  constructed, maintained, and supervised so as to minimize the

31  risk of injury.

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  1         c.  Each school has appropriate equipment to protect

  2  the safety and security of property and records.

  3         d.  The district provides appropriate safety equipment

  4  and information to prevent injuries to students and others.

  5         (b)  The school board shall conduct a public hearing to

  6  review the audit recommendations and adopt within 60 calendar

  7  days of issuance of the audit report an action plan

  8  identifying those steps required to be taken at the district

  9  and school levels in order to address the recommendations. The

10  school board shall institute the action plan and cause the

11  plan to be instituted at the school level and shall submit a

12  written report to the Commissioner of Education no later than

13  July 1 of the following year. The follow-up report shall

14  describe in detail the changes that were made and, by specific

15  reference to the audit, whether such changes that occurred at

16  the district and K-12 school levels corrected deficiencies

17  noted in the audit report and otherwise addressed audit

18  recommendations. The Department of Education shall provide

19  Internet access to all school district audit followup reports.

20         (7)  CITIZEN APPEAL.--

21         (a)  If the district school board fails to vote on

22  whether to adopt an action plan for implementation or the

23  school district fails to implement the action plan after

24  voting to implement the action plan any citizen who is a

25  resident of the school district may submit a written appeal to

26  the State Board of Education.

27         (b)  An appeal on the grounds that the school district

28  has failed to vote whether to adopt an action plan may be

29  filed not less than 90 days following the school district

30  receipt of the audit report.

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  1         (c)  An appeal on the grounds that the school district

  2  has failed to implement the action plan may be filed not less

  3  than 180 days following the receipt of the audit report.

  4         (d)  The State Board of Education must, by majority

  5  vote, accept or reject the decision of the district school

  6  board no later than 60 days after an appeal is filed. The

  7  State Board of Education shall remand the appeal to the

  8  district school board with its written recommendations for

  9  district school board actions.

10         (e)  Upon receipt and evaluation of the appeal, the

11  Commissioner of Education may contact the school district,

12  assess the situation, urge the school district to commence

13  implementation, and offer technical assistance, if needed.

14         (8)  SCHOOL SAFETY HOTLINE.--

15         (a)  By September 1, 2001, each school district shall

16  create and maintain a toll-free school safety hotline to

17  provide a means for students, parents, school staff, and other

18  persons to anonymously report activity that affects the safety

19  and well-being of the school's population. School districts

20  shall adopt policies to encourage use of the toll-free school

21  safety hotline.

22         (b)  Any adult person who knows of, or has reasonable

23  cause to suspect, an alleged offense directly threatening the

24  safety or well-being of a person or property within a school

25  or at a school-sponsored function shall report such knowledge

26  or suspicion to a toll-free school safety hotline. Any person

27  who knowingly and willfully fails to do so, or who knowingly

28  and willfully prevents another person from doing so, is guilty

29  of a misdemeanor of the first degree, punishable as provided

30  in s. 775.082 or s. 775.083.

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  1         (c)  The department may impose a fine, not to exceed

  2  $1,000 for each violation, upon a person who knowingly and

  3  willfully makes a false report of an alleged offense directly

  4  threatening the safety or well-being of a person or property

  5  within a school.

  6         (d)  Any person reporting in good faith to the

  7  toll-free school safety hotline any suspected or alleged

  8  offense is immune from any civil or criminal liability that

  9  might otherwise result by reason of such action.

10         (e)  The toll-free school safety hotline shall be

11  operated in a manner that ensures that a designated local law

12  enforcement official and a designated school official are

13  notified of a complaint received through the hotline if the

14  complaint concerns that school. A complaint that concerns an

15  alleged offense directly threatening the safety or well-being

16  of a person or property within a school must be reported to

17  the designated official of the affected school as soon as

18  possible after the complaint is made, and the designated

19  official must conduct an investigation and take appropriate

20  action in a timely manner. Nothing herein shall affect the

21  district's obligations under section 231.262(1)(c), Florida

22  Statutes, with respect to timely investigation and reporting

23  of complaints against certificateholders.

24         (f)  A record of calls shall be maintained. A summary

25  report of the calls shall be periodically provided to the

26  school district, parents, school staff, local law enforcement,

27  and the Department of Education. The Department of Education

28  shall provide Internet access to all safety hotline reports.

29         (g)  There shall not be an award or monetary benefit

30  for reporting an incident through the toll-free school safety

31  hotline.

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  1         (9)  RULES.--The State Board of Education shall adopt

  2  rules pursuant to sections 120.536(1) and 120.54, Florida

  3  Statutes, to implement the provision of this section. For

  4  purposes of rule development, the Commissioner of Education,

  5  in conjunction with the Partnership for School Safety and

  6  Security established in section 229.8347, Florida Statutes,

  7  shall hold public workshops in various regions of the state,

  8  to be determined by the commissioner, so as to encourage the

  9  involvement of the public, parents, educators, students, and

10  other stakeholders. The commissioner's determination of the

11  location of such workshops is not subject to review pursuant

12  to sections 120.569 and 120.57, Florida Statutes.

13         Section 2.  Section 235.06, Florida Statutes, is

14  amended to read:

15         235.06  Safety and sanitation standards and inspection

16  of property.--The Commissioner of Education shall adopt and

17  administer rules prescribing standards for the safety and

18  health of occupants of educational and ancillary plants as a

19  part of the State Uniform Building Code for Public Educational

20  Facilities Construction as provided in s. 235.26, except that

21  the State Fire Marshal shall adopt and administer the rules

22  prescribing firesafety standards the provisions of chapter 633

23  to the contrary notwithstanding. These standards must be used

24  by all public agencies when inspecting public educational and

25  ancillary plants. In accordance with such standards, each

26  board shall prescribe policies and procedures establishing a

27  comprehensive program of safety and sanitation for the

28  protection of occupants of public educational and ancillary

29  plants.  Such policies must contain procedures for periodic

30  inspections as prescribed herein and for withdrawal of any

31  educational and ancillary plant, or portion thereof, from use

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  1  until unsafe or unsanitary conditions are corrected or

  2  removed.

  3         (1)  PERIODIC INSPECTION OF PROPERTY BY THE BOARD.--

  4         (a)  Each board shall provide for periodic inspection

  5  of each educational and ancillary plant at least once during

  6  each fiscal year to determine compliance with standards of

  7  sanitation and casualty safety prescribed by in the rules of

  8  the commissioner or State Fire Marshal.

  9         (b)  Firesafety inspections of each educational and

10  ancillary plant must be made annually by persons certified by

11  the Division of State Fire Marshal to be eligible to conduct

12  firesafety inspections in public educational and ancillary

13  plants. The board shall submit a copy of the firesafety

14  inspection report to the State Fire Marshal and, if there is a

15  local fire control authority that conducts firesafety

16  inspections, to the local fire control authority.

17         (c)  In each firesafety inspection report, the board

18  shall include a plan of action and a schedule for the

19  correction of each deficiency which have been formulated in

20  consultation with the local fire control authority.  If

21  immediate life-threatening deficiencies are noted in any

22  inspection, the board shall either take action to promptly

23  correct the deficiencies or withdraw the educational or

24  ancillary plant from use until such time as the deficiencies

25  are corrected.

26         (2)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

27  AGENCIES.--

28         (a)  A safety or sanitation inspection of any

29  educational or ancillary plant may be made at any time by the

30  Department of Education or any other state or local agency

31  authorized or required to conduct such inspections by either

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  1  general or special law.  Each agency conducting inspections

  2  shall use the standards adopted by the Commissioner of

  3  Education or State Fire Marshall in lieu of, and to the

  4  exclusion of, any other inspection standards prescribed either

  5  by statute or administrative rule, the provisions of chapter

  6  633 to the contrary notwithstanding. The agency shall submit a

  7  copy of the inspection report to the board.

  8         (b)  If an educational or ancillary plant is located in

  9  a county, municipality, or special fire control district that

10  conducts firesafety inspections, at least one firesafety

11  inspection of that plant must be conducted each fiscal year by

12  the county, municipality, or district using the standards

13  adopted by the State Fire Marshal; and at least one firesafety

14  inspection of an educational or ancillary plant not located in

15  a county, municipality, or special fire control district that

16  conducts firesafety inspections must be conducted each fiscal

17  year by personnel of the State Fire Marshal. The board shall

18  cooperate with the inspecting authority when a firesafety

19  inspection is made by a governmental authority under this

20  paragraph. In addition to school board inspections, the

21  applicable local fire control authority shall also annually

22  inspect educational facilities within its fire control

23  district, using the standards adopted by the Commissioner of

24  Education. Reports shall be filed with the school board, and a

25  copy shall be on file with the local site administrator.

26         (3)  CORRECTIVE ACTION.--Upon failure of the board to

27  take corrective action within a reasonable time, the agency

28  making the inspection may request the State Fire Marshal or

29  local fire control authority commissioner to:

30         (a)  Order that appropriate action be taken to correct

31  all deficiencies in accordance with a schedule determined

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  1  jointly by the inspecting authority and the board; in

  2  developing the schedule, consideration must be given to the

  3  seriousness of the deficiencies and the ability of the board

  4  to obtain the necessary funds; or

  5         (b)  After 30 calendar days' notice to the board, order

  6  all or a portion of the educational or ancillary plant

  7  withdrawn from use until the deficiencies are corrected.

  8         (4)  ADDITIONAL STANDARDS.--The State Fire Marshal

  9  shall adopt and administer rules prescribing the following

10  standards for the safety and health of occupants of

11  educational and ancillary plants.

12         (a)  The designation of serious life safety hazards

13  including, but not limited to, nonfunctional fire alarm

14  systems, nonfunctional fire sprinkler systems, doors with

15  padlocks or other locks or devices that preclude egress at any

16  time, inadequate exits, hazardous electrical system

17  conditions, potential structural failure, and storage

18  conditions that create a fire hazard. Other conditions may be

19  identified as serious by the inspection authority.

20         (b)  The occupant load in number of persons for whom

21  means of egress and other requirements are to be provided must

22  be determined on the basis of the following occupant load

23  factors or the maximum probable population of any room or

24  section under consideration, whichever is greater:

25         1.  Classrooms: one person for each 20 net square feet.

26         2.  Shops, laboratories, and similar vocational rooms:

27  one person for each 50 net square feet.

28         (c)  The proper placement of functional smoke and heat

29  detectors and accessible, unexpired fire extinguishers.

30         (d)  The maintenance of fire doors without doorstops or

31  wedges improperly holding them open.

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  1         (5)  IMMEDIATE SAFETY HAZARDS.--When a firesafety

  2  inspection of an educational plant discloses a violation of

  3  rules and standards constituting an immediate hazard to the

  4  safety of students or staff, the inspector, whether acting on

  5  behalf of the Department of Education, the State Fire Marshal,

  6  or a local fire control authority, may order the plant closed

  7  until the violation has been corrected.

  8         Section 3.  Subsection (7) is added to section 633.01,

  9  Florida Statutes, to read:

10         633.01  State Fire Marshal; powers and duties; rules.--

11         (7)  The State Fire Marshal shall adopt and administer

12  rules prescribing standards for the firesafety of occupants of

13  educational and ancillary facilities in accordance with ss.

14  235.06 and 235.26.

15         Section 4.  This act shall take effect July 1, 2001.

16

17            *****************************************

18                          SENATE SUMMARY

19    Creates the Safe Passage Act, which provides for audits
      of school safety and safety and security plans,
20    practices, facilities, and equipment. Requires district
      school boards to review independent, third-party audits
21    and formulate plans to correct safety deficiencies.
      Provides for remedies in cases of school board inaction.
22    Requires persons having actual or suspected knowledge of
      danger to persons at school facilities or to school
23    property to report it, on pain of criminal penalties.
      Immunizes persons providing information in good faith
24    from liability. Transfers responsibility for the adoption
      and administration of rules prescribing firesafety
25    standards from the Commissioner of Education to the State
      Fire Marshal.
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