Florida Senate - 2009 SB 406
By Senator Sobel
31-00540-09 2009406__
1 A bill to be entitled
2 An act relating to school safety; amending s. 1006.13,
3 F.S.; revising a provision relating to a policy of
4 zero tolerance to include the victimization of
5 teachers and other school personnel; clarifying a
6 provision that requires students who have committed
7 certain felony offenses to be expelled; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Paragraph (b) of subsection (1) and subsection
13 (2) of section 1006.13, Florida Statutes, are amended to read:
14 1006.13 Policy of zero tolerance for crime and
15 victimization.—
16 (1) Each district school board shall adopt a policy of zero
17 tolerance for:
18 (b) Victimization of students, teachers, and other school
19 personnel, including taking all steps necessary to protect the
20 victim of any violent crime from any further victimization.
21 (2) The zero tolerance policy shall require students found
22 to have committed one of the following felony offenses to be
23 expelled, with or without continuing educational services, from
24 the student's regular school for a period of not less than 1
25 full year, and to be referred to the criminal justice or
26 juvenile justice system.
27 (a) Bringing a firearm or weapon, as defined in chapter
28 790, to school, to any school function, or onto any school
29 sponsored transportation or possessing a firearm at school.
30 (b) Making a threat or false report, as defined by ss.
31 790.162 and 790.163, respectively, involving school or school
32 personnel's property, school transportation, or a school
33 sponsored activity.
34 District school boards may assign the student to a disciplinary
35 program for the purpose of continuing educational services
36 during the period of expulsion. District school superintendents
37 may consider the 1-year expulsion requirement on a case-by-case
38 basis and request the district school board to modify the
39 requirement by assigning the student to a disciplinary program
40 or second chance school if the request for modification is in
41 writing and it is determined to be in the best interest of the
42 student and the school system. If a student committing any of
43 the offenses in this subsection is a student with a disability,
44 the district school board shall comply with applicable State
45 Board of Education rules.
46 Section 2. This act shall take effect July 1, 2009.