CS/HB 997

1
A bill to be entitled
2An act relating to student discipline and school safety;
3amending s. 1002.20, F.S.; requiring that a district
4school board review its policy allowing corporal
5punishment once every 3 years during a district school
6board meeting; requiring that the district school board
7take public testimony during such meeting; providing for
8the expiration of the district school board's corporal
9punishment policy if meeting requirements are not met;
10conforming a cross-reference; amending s. 1006.09, F.S.;
11conforming a cross-reference; amending s. 1006.13, F.S.;
12providing legislative intent relating to the district
13school board policies of zero tolerance for crime and
14victimization; revising the content of district school
15board policies of zero tolerance; revising criteria for
16reporting acts to law enforcement; requiring disciplinary
17or prosecutorial action taken against a student who
18violates a zero tolerance policy to be based on the
19particular circumstances of the student's misconduct;
20encouraging school districts to use alternatives to
21expulsion or referral to law enforcement under certain
22circumstances; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Paragraph (c) of subsection (4) and subsection
27(5) of section 1002.20, Florida Statutes, are amended to read:
28     1002.20  K-12 student and parent rights.--Parents of public
29school students must receive accurate and timely information
30regarding their child's academic progress and must be informed
31of ways they can help their child to succeed in school. K-12
32students and their parents are afforded numerous statutory
33rights including, but not limited to, the following:
34     (4)  DISCIPLINE.--
35     (c)  Corporal punishment.--In accordance with the
36provisions of s. 1003.32, corporal punishment of a public school
37student may only be administered by a teacher or school
38principal within guidelines of the school principal and
39according to district school board policy. Another adult must be
40present and must be informed in the student's presence of the
41reason for the punishment. Upon request, the teacher or school
42principal must provide the parent with a written explanation of
43the reason for the punishment and the name of the other adult
44who was present. A district school board that has a policy
45allowing the use of corporal punishment as a form of discipline
46shall review its policy on corporal punishment once every 3
47years during a district school board meeting held pursuant to s.
481001.372. The district school board must take public testimony
49at the board meeting. If such board meeting is not held in
50accordance with this paragraph, the portion of the district
51school board's policy which allows corporal punishment shall
52expire.
53     (5)  SAFETY.--In accordance with the provisions of s.
541006.13(6)(5), students who have been victims of certain felony
55offenses by other students, as well as the siblings of the
56student victims, have the right to be kept separated from the
57student offender both at school and during school
58transportation.
59     Section 2.  Subsection (4) of section 1006.09, Florida
60Statutes, is amended to read:
61     1006.09  Duties of school principal relating to student
62discipline and school safety.--
63     (4)  When a student has been the victim of a violent crime
64perpetrated by another student who attends the same school, the
65school principal shall make full and effective use of the
66provisions of subsection (2) and s. 1006.13(6)(5). A school
67principal who fails to comply with this subsection shall be
68ineligible for any portion of the performance pay policy
69incentive or the differentiated pay under s. 1012.22. However,
70if any party responsible for notification fails to properly
71notify the school, the school principal shall be eligible for
72the incentive or differentiated pay.
73     Section 3.  Section 1006.13, Florida Statutes, is amended
74to read:
75     1006.13  Policy of zero tolerance for crime and
76victimization.--
77     (1)  It is the intent of the Legislature to promote a safe
78and supportive learning environment in schools, to protect
79students, staff, and volunteers from conduct that poses a
80serious threat to school safety, and to encourage schools to use
81alternatives to expulsion or referral to law enforcement in
82addressing disruptive behavior, including restitution, civil
83citation, teen court, neighborhood restorative justice, or
84similar programs. Zero tolerance policies are not intended to
85rigorously apply to petty acts of misconduct and misdemeanors
86such as minor fights or disturbances. Zero tolerance policies
87should apply equally regardless of economic status, race, or
88disability.
89     (2)(1)  Each district school board shall adopt a policy of
90zero tolerance that for:
91     (a)  Defines criteria for reporting to a law enforcement
92agency an act that occurs Crime and substance abuse, including
93the reporting of delinquent acts and crimes occurring whenever
94and wherever students are under the jurisdiction of the district
95school board.
96     (b)  Defines acts that pose a serious threat to school
97safety.
98     (c)  Defines petty acts of misconduct.
99     (d)(b)  Minimizes the victimization of students, staff, and
100volunteers, including taking all steps necessary to protect the
101victim of any violent crime from any further victimization.
102     (e)  Establishes a procedure that provides each student
103with the opportunity for a review of a disciplinary action
104imposed pursuant to s. 1006.07.
105     (3)(2)  The zero tolerance policy shall require students
106found to have committed one of the following offenses to be
107expelled, with or without continuing educational services, from
108the student's regular school for a period of not less than 1
109full year, and to be referred to the criminal justice or
110juvenile justice system.
111     (a)  Bringing a firearm or weapon, as defined in chapter
112790, to school, to any school function, or onto any school-
113sponsored transportation or possessing a firearm at school.
114     (b)  Making a threat or false report, as defined by ss.
115790.162 and 790.163, respectively, involving school or school
116personnel's property, school transportation, or a school-
117sponsored activity.
118
119District school boards may assign the student to a disciplinary
120program for the purpose of continuing educational services
121during the period of expulsion. District school superintendents
122may consider the 1-year expulsion requirement on a case-by-case
123basis and request the district school board to modify the
124requirement by assigning the student to a disciplinary program
125or second chance school if the request for modification is in
126writing and it is determined to be in the best interest of the
127student and the school system. If a student committing any of
128the offenses in this subsection is a student with a disability,
129the district school board shall comply with applicable State
130Board of Education rules.
131     (4)(a)(3)  Each district school board shall enter into
132agreements with the county sheriff's office and local police
133department specifying guidelines for ensuring that acts that
134pose a serious threat to school safety felonies and violent
135misdemeanors, whether committed by a student or adult, and
136delinquent acts that would be felonies or violent misdemeanors
137if committed by an adult, are reported to law enforcement. Each
138district school board shall adopt a cooperative agreement,
139pursuant to s. 1003.52(13) with the Department of Juvenile
140Justice, that specifies guidelines for ensuring that all no
141contact orders entered by the court are reported and enforced
142and that all steps necessary are taken to protect the victim of
143any such crime. Such
144     (b)  The agreements shall include the role of school
145resource officers, if applicable, in handling reported
146incidents, special circumstances in which school officials may
147handle incidents without filing a report to law enforcement, and
148a procedure for ensuring that school personnel properly report
149appropriate delinquent acts and crimes.
150     (c)  Zero tolerance does not require reporting to law
151enforcement petty acts of misconduct and misdemeanors,
152including, but not limited to, disorderly conduct, disrupting a
153school function, simple assault or battery, affray, theft of
154less than $300, trespassing, and vandalism of less than $1,000.
155     (d)  The school principal shall be responsible for ensuring
156that all school personnel are properly informed as to their
157responsibilities regarding crime reporting, that appropriate
158delinquent acts and crimes are properly reported, and that
159actions taken in cases with special circumstances are properly
160taken and documented.
161     (5)(4)  Notwithstanding any other provision of law, each
162district school board shall adopt rules providing that any
163student found to have committed a violation of s. 784.081(1),
164(2), or (3) shall be expelled or placed in an alternative school
165setting or other program, as appropriate. Upon being charged
166with the offense, the student shall be removed from the
167classroom immediately and placed in an alternative school
168setting pending disposition.
169     (6)(5)(a)  Notwithstanding any provision of law prohibiting
170the disclosure of the identity of a minor, whenever any student
171who is attending public school is adjudicated guilty of or
172delinquent for, or is found to have committed, regardless of
173whether adjudication is withheld, or pleads guilty or nolo
174contendere to, a felony violation of:
175     1.  Chapter 782, relating to homicide;
176     2.  Chapter 784, relating to assault, battery, and culpable
177negligence;
178     3.  Chapter 787, relating to kidnapping, false
179imprisonment, luring or enticing a child, and custody offenses;
180     4.  Chapter 794, relating to sexual battery;
181     5.  Chapter 800, relating to lewdness and indecent
182exposure;
183     6.  Chapter 827, relating to abuse of children;
184     7.  Section 812.13, relating to robbery;
185     8.  Section 812.131, relating to robbery by sudden
186snatching;
187     9.  Section 812.133, relating to carjacking; or
188     10.  Section 812.135, relating to home-invasion robbery,
189
190and, before or at the time of such adjudication, withholding of
191adjudication, or plea, the offender was attending a school
192attended by the victim or a sibling of the victim of the
193offense, the Department of Juvenile Justice shall notify the
194appropriate district school board of the adjudication or plea,
195the requirements of this paragraph, and whether the offender is
196prohibited from attending that school or riding on a school bus
197whenever the victim or a sibling of the victim is attending the
198same school or riding on the same school bus, except as provided
199pursuant to a written disposition order under s. 985.455(2).
200Upon receipt of such notice, the district school board shall
201take appropriate action to effectuate the provisions of
202paragraph (b).
203     (b)  Each district school board shall adopt a cooperative
204agreement with the Department of Juvenile Justice that specifies
205guidelines for ensuring that all no contact orders entered by
206the court are reported and enforced and that all necessary steps
207are taken to protect the victim of the offense. Any offender
208described in paragraph (a), who is not exempted as provided in
209paragraph (a), shall not attend any school attended by the
210victim or a sibling of the victim of the offense or ride on a
211school bus on which the victim or a sibling of the victim is
212riding. The offender shall be permitted by the district school
213board to attend another school within the district in which the
214offender resides, provided the other school is not attended by
215the victim or sibling of the victim of the offense; or the
216offender may be permitted by another district school board to
217attend a school in that district if the offender is unable to
218attend any school in the district in which the offender resides.
219     (c)  If the offender is unable to attend any other school
220in the district in which the offender resides and is prohibited
221from attending school in another school district, the district
222school board in the school district in which the offender
223resides shall take every reasonable precaution to keep the
224offender separated from the victim while on school grounds or on
225school transportation. The steps to be taken by a district
226school board to keep the offender separated from the victim
227shall include, but are not limited to, in-school suspension of
228the offender and the scheduling of classes, lunch, or other
229school activities of the victim and the offender so as not to
230coincide.
231     (d)  The offender, or the parents of the offender if the
232offender is a juvenile, shall be responsible for arranging and
233paying for transportation associated with or required by the
234offender's attending another school or that would be required as
235a consequence of the prohibition against riding on a school bus
236on which the victim or a sibling of the victim is riding.
237However, the offender or the parents of the offender shall not
238be charged for existing modes of transportation that can be used
239by the offender at no additional cost to the district school
240board.
241     (7)  Any disciplinary or prosecutorial action taken against
242a student who violates a zero tolerance policy must be based on
243the particular circumstances of the student's misconduct.
244     (8)  School districts are encouraged to use alternatives to
245expulsion or referral to law enforcement agencies unless the use
246of such alternatives will pose a threat to school safety.
247     Section 4.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.