Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 530
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2015           .                                

       The Committee on Fiscal Policy (Legg) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) is added to section 1001.41,
    6  Florida Statutes, to read:
    7         1001.41 General powers of district school board.—The
    8  district school board, after considering recommendations
    9  submitted by the district school superintendent, shall exercise
   10  the following general powers:
   11         (8) Adopt a strategic plan consistent with the school
   12  board’s mission and long-term goals.
   13         Section 2. Subsection (6) and paragraphs (a) and (b) of
   14  subsection (18) of section 1001.42, Florida Statutes, are
   15  amended to read:
   16         1001.42 Powers and duties of district school board.—The
   17  district school board, acting as a board, shall exercise all
   18  powers and perform all duties listed below:
   21  ADMINISTRATORS.—Adopt policies establishing standards of ethical
   22  conduct for instructional personnel, administrative personnel,
   23  and school officers administrators. The policies must require
   24  all instructional personnel, administrative personnel, and
   25  school officers administrators, as defined in s. 1012.01, to
   26  complete training on the standards; establish the duty of
   27  instructional personnel, administrative personnel, and school
   28  officers administrators to report, and procedures for reporting,
   29  alleged misconduct by other instructional or administrative
   30  personnel and school officers school administrators which
   31  affects the health, safety, or welfare of a student; and include
   32  an explanation of the liability protections provided under ss.
   33  39.203 and 768.095. A district school board, or any of its
   34  employees, may not enter into a confidentiality agreement
   35  regarding terminated or dismissed instructional or
   36  administrative personnel or school officers administrators, or
   37  instructional or administrative personnel or school officers
   38  administrators who resign in lieu of termination, based in whole
   39  or in part on misconduct that affects the health, safety, or
   40  welfare of a student, and may not provide instructional or
   41  administrative personnel or school officers administrators with
   42  employment references or discuss the instructional or
   43  administrative personnel’s or school officers’ administrators’
   44  performance with prospective employers in another educational
   45  setting, without disclosing the instructional or administrative
   46  personnel’s or school officers’ administrators’ misconduct. Any
   47  part of an agreement or contract that has the purpose or effect
   48  of concealing misconduct by instructional or administrative
   49  personnel or school officers administrators which affects the
   50  health, safety, or welfare of a student is void, is contrary to
   51  public policy, and may not be enforced.
   53  Maintain a system of school improvement and education
   54  accountability as provided by statute and State Board of
   55  Education rule. This system of school improvement and education
   56  accountability shall be consistent with, and implemented
   57  through, the district’s continuing system of planning and
   58  budgeting required by this section and ss. 1008.385, 1010.01,
   59  and 1011.01. This system of school improvement and education
   60  accountability shall comply with the provisions of ss. 1008.33,
   61  1008.34, 1008.345, and 1008.385 and include the following:
   62         (a) School improvement plans.—
   63         1. The district school board shall annually approve and
   64  require implementation of a new, amended, or continuation school
   65  improvement plan for each school in the district. If a school
   66  has a significant gap in achievement on statewide, standardized
   67  assessments administered pursuant to s. 1008.22 by one or more
   68  student subgroups, as defined in the federal Elementary and
   69  Secondary Education Act (ESEA), 20 U.S.C. s.
   70  6311(b)(2)(C)(v)(II); has not significantly increased the
   71  percentage of students passing statewide, standardized
   72  assessments; has not significantly increased the percentage of
   73  students demonstrating Learning Gains, as defined in s. 1008.34
   74  and as calculated under s. 1008.34(3)(b), who passed statewide,
   75  standardized assessments; or has significantly lower graduation
   76  rates for a subgroup when compared to the state’s graduation
   77  rate, that school’s improvement plan shall include strategies
   78  for improving these results. The state board shall adopt rules
   79  establishing thresholds and for determining compliance with this
   80  subparagraph.
   81         2. A school that includes any of grades 6, 7, or 8 shall
   82  include annually in its school improvement plan information and
   83  data on the school’s early warning system required under
   84  paragraph (b), including a list of the early warning indicators
   85  used in the system, the number of students identified by the
   86  system as exhibiting two or more early warning indicators, the
   87  number of students by grade level that exhibit each early
   88  warning indicator, and a description of all intervention
   89  strategies employed by the school to improve the academic
   90  performance of students identified by the early warning system.
   91  In addition, a school that includes any of grades 6, 7, or 8
   92  shall describe in its school improvement plan the strategies
   93  used by the school to implement and evaluate the instructional
   94  practices for middle grades emphasized by the district’s
   95  professional development system pursuant to s. 1012.98(4)(b)9.
   96         (b) Early warning system.—
   97         1. A school that includes any of grades 6, 7, or 8 shall
   98  implement an early warning system to identify students in grades
   99  6, 7, and 8 who need additional support to improve academic
  100  performance and stay engaged in school. The early warning system
  101  must include the following early warning indicators:
  102         a. Attendance below 90 percent, regardless of whether
  103  absence is excused or a result of out-of-school suspension.
  104         b. One or more suspensions, whether in school or out of
  105  school.
  106         c. Course failure in English Language Arts or mathematics.
  107         d. A Level 1 score on the statewide, standardized
  108  assessments in English Language Arts or mathematics.
  110  A school district may identify additional early warning
  111  indicators for use in a school’s early warning system.
  112         2. A school-based team responsible for implementing the
  113  requirements of this paragraph shall monitor the data from the
  114  early warning system in subparagraph (a)2. When a student
  115  exhibits two or more early warning indicators, the team must the
  116  school’s child study team under s. 1003.02 or a school-based
  117  team formed for the purpose of implementing the requirements of
  118  this paragraph shall convene to determine appropriate
  119  intervention strategies for the student unless the student is
  120  already being served by an intervention program. The school
  121  shall provide at least 10 days’ written notice of the meeting to
  122  the student’s parent, indicating the meeting’s purpose, time,
  123  and location, and provide the parent the opportunity to
  124  participate. Data and information relating to the indicators
  125  must be used to inform any intervention strategies provided to a
  126  student identified under this paragraph.
  127         Section 3. Subsections (4) through (9) of section 1006.147,
  128  Florida Statutes, are amended to read:
  129         1006.147 Bullying and harassment prohibited.—
  130         (4) Each school district shall adopt, review, and revise at
  131  least every 3 years a policy prohibiting bullying and harassment
  132  of a student or employee of a public K-12 educational
  133  institution. Each school district’s policy shall be in
  134  substantial conformity with the Department of Education’s model
  135  policy. The school district bullying and harassment policy shall
  136  afford all students the same protection regardless of their
  137  status under the law. The school district may establish separate
  138  discrimination policies that include categories of students. The
  139  school district shall involve students, parents, teachers,
  140  administrators, school staff, school volunteers, community
  141  representatives, and local law enforcement agencies in the
  142  process of adopting, reviewing, and revising the policy. The
  143  school district policy must be implemented by each school
  144  principal in a manner that is ongoing throughout the school year
  145  and integrated with the a school’s curriculum, bullying
  146  prevention and intervention program, a school’s discipline
  147  policies, and other violence prevention efforts. The school
  148  district policy must contain, at a minimum, the following
  149  components:
  150         (a) A statement prohibiting bullying and harassment.
  151         (b) A definition of bullying and a definition of harassment
  152  that include the definitions listed in this section.
  153         (c) A description of the type of behavior expected from
  154  each student and employee of a public K-12 educational
  155  institution.
  156         (d) The consequences for a student or employee of a public
  157  K-12 educational institution who commits an act of bullying or
  158  harassment.
  159         (e) The consequences for a student or employee of a public
  160  K-12 educational institution who is found to have wrongfully and
  161  intentionally accused another of an act of bullying or
  162  harassment.
  163         (f) A procedure for receiving mandatory reports of
  164  reporting an alleged act of bullying or harassment, including
  165  provisions that permit a person to anonymously report such an
  166  act. However, this paragraph does not permit formal disciplinary
  167  action to be based solely on an anonymous report.
  168         (g) A procedure for the prompt investigation of a report of
  169  bullying or harassment and the persons responsible for the
  170  investigation. The investigation of a reported act of bullying
  171  or harassment is deemed to be a school-related activity and
  172  begins with a report of such an act. Incidents that require a
  173  reasonable investigation when reported to appropriate school
  174  authorities shall include alleged incidents of bullying or
  175  harassment allegedly committed against a child while the child
  176  is en route to school aboard a school bus or at a school bus
  177  stop.
  178         (h) A process to investigate whether a reported act of
  179  bullying or harassment is within the scope of the district
  180  school system and, if not, a process for referral of such an act
  181  to the appropriate jurisdiction. Computers without web-filtering
  182  software or computers with web-filtering software that is
  183  disabled shall be used when complaints of cyberbullying are
  184  investigated.
  185         (i) A procedure for providing immediate notification to the
  186  parents of a victim of bullying or harassment and the parents of
  187  the perpetrator of an act of bullying or harassment, as well as
  188  notification to all local agencies where criminal charges may be
  189  pursued against the perpetrator.
  190         (j) A procedure to refer victims and perpetrators of
  191  bullying or harassment for counseling.
  192         (k) A procedure for including incidents of bullying or
  193  harassment in the school’s report of data concerning school
  194  safety and discipline required under s. 1006.09(6). The report
  195  must include each incident of bullying or harassment and the
  196  resulting consequences, including discipline and referrals. The
  197  report must include in a separate section each alleged reported
  198  incident of bullying or harassment that does not meet the
  199  criteria of a prohibited act under this section with
  200  recommendations regarding such incidents. The Department of
  201  Education shall aggregate information contained in the reports.
  202         (l) A list of programs authorized by the school district
  203  that provide procedure for providing instruction to students,
  204  parents, teachers, school administrators, counseling staff, and
  205  school volunteers on identifying, preventing, and responding to
  206  bullying or harassment, including instruction on recognizing
  207  behaviors that lead to bullying and harassment and taking
  208  appropriate preventive action based on those observations.
  209         (m) A procedure for regularly reporting to a victim’s
  210  parents the actions taken to protect the victim.
  211         (n) A procedure for publicizing the policy, which must
  212  include its publication in the code of student conduct required
  213  under s. 1006.07(2) and in all employee handbooks.
  214         (o) A procedure for investigating anonymous reports of
  215  bullying or harassment made by parents through the school
  216  district’s online portal maintained pursuant to subsection (5).
  217         (5) Each school district shall maintain an online portal
  218  accessible by a student’s parent for the purpose of anonymously
  219  reporting alleged incidents of bullying or harassment. The
  220  parent is not required to leave his or her name and contact
  221  information, but may do so if he or she chooses. The student’s
  222  school shall investigate the reported incident and, if the
  223  parent’s name and contact information are included, notify the
  224  parent regarding the progress of the investigation.
  225         (6)(5) A school employee, school volunteer, student, or
  226  parent who promptly reports in good faith an act of bullying or
  227  harassment to the appropriate school official designated in the
  228  school district’s policy and who makes this report in compliance
  229  with the procedures set forth in the policy is immune from a
  230  cause of action for damages arising out of the reporting itself
  231  or any failure to remedy the reported incident.
  232         (7)(6)(a) The physical location or time of access of a
  233  computer-related incident cannot be raised as a defense in any
  234  disciplinary action initiated under this section.
  235         (b) This section does not apply to any person who uses data
  236  or computer software that is accessed through a computer,
  237  computer system, or computer network when acting within the
  238  scope of his or her lawful employment or investigating a
  239  violation of this section in accordance with school district
  240  policy.
  241         (7) Distribution of safe schools funds provided to a school
  242  district shall be contingent upon and payable to the school
  243  district upon the school district’s compliance with all
  244  reporting procedures contained in this section.
  245         (8) On or before January 1 of each year, the Commissioner
  246  of Education shall report to the Governor, the President of the
  247  Senate, and the Speaker of the House of Representatives on the
  248  implementation of this section. The report shall include data
  249  collected pursuant to paragraph (4)(k).
  250         (8)(9) Nothing in this section shall be construed to
  251  abridge the rights of students or school employees that are
  252  protected by the First Amendment to the Constitution of the
  253  United States.
  254         Section 4. Paragraph (b) of subsection (2) of section
  255  1006.283, Florida Statutes, is amended to read:
  256         1006.283 District school board instructional materials
  257  review process.—
  258         (2)
  259         (b) District school board rules must also:
  260         1. Identify, by subject area, a review cycle for
  261  instructional materials.
  262         2. Specify the qualifications for an instructional
  263  materials reviewer and the process for selecting reviewers; list
  264  a reviewer’s duties and responsibilities, including compliance
  265  with the requirements of s. 1006.31; and provide that all
  266  instructional materials recommended by a reviewer be accompanied
  267  by the reviewer’s statement that the materials align with the
  268  state standards pursuant to s. 1003.41 and the requirements of
  269  s. 1006.31.
  270         3. State the requirements for an affidavit to be made by
  271  each district instructional materials reviewer which
  272  substantially meet the requirements of s. 1006.30.
  273         4. Comply with s. 1006.32, relating to prohibited acts.
  274         5. Establish a process that certifies the accuracy of
  275  instructional materials.
  276         6. Incorporate applicable requirements of s. 1006.31, which
  277  relates to the duties of instructional materials reviewers.
  278         7. Incorporate applicable requirements of s. 1006.38,
  279  relating to the duties, responsibilities, and requirements of
  280  publishers of instructional materials.
  281         8. Establish the process by which instructional materials
  282  are adopted by the district school board, which must include:
  283         a. A process to allow student editions of recommended
  284  instructional materials to be accessed and viewed online by the
  285  public at least 20 calendar days before the school board hearing
  286  and public meeting as specified in this subparagraph. This
  287  process must include reasonable safeguards against the
  288  unauthorized use, reproduction, and distribution of
  289  instructional materials considered for adoption.
  290         b. An open, noticed school board hearing to receive public
  291  comment on the recommended instructional materials.
  292         c. An open, noticed public meeting to approve an annual
  293  instructional materials plan to identify any instructional
  294  materials that will be purchased through the district school
  295  board instructional materials review process pursuant to this
  296  section. This public meeting must be held on a different date
  297  than the school board hearing.
  298         d. Notice requirements for the school board hearing and the
  299  public meeting that must specifically state which instructional
  300  materials are being reviewed and the manner in which the
  301  instructional materials can be accessed for public review.
  302         9. Establish the process by which the district school board
  303  shall receive public comment on, and review, the recommended
  304  instructional materials.
  305         10. Establish the process by which instructional materials
  306  will be purchased, including advertising, bidding, and
  307  purchasing requirements.
  308         11. Establish the process by which the school district will
  309  notify parents of their ability to access their children’s
  310  instructional materials and homework assignments through the
  311  district’s local instructional improvement system and by which
  312  the school district will encourage parents to access the system.
  313  This notification must be displayed prominently on the school
  314  district’s website and provided annually in written format to
  315  all parents of enrolled students.
  316         Section 5. This act shall take effect July 1, 2015.
  318  ================= T I T L E  A M E N D M E N T ================
  319  And the title is amended as follows:
  320         Delete everything before the enacting clause
  321  and insert:
  322                        A bill to be entitled                      
  323         An act relating to school district policy; amending s.
  324         1001.41, F.S.; requiring district school boards to
  325         adopt a strategic plan; amending s. 1001.42, F.S.;
  326         revising provisions relating to standards of ethical
  327         conduct to apply to administrative personnel and
  328         school officers; requiring a school to monitor and
  329         evaluate its instructional practices and intervention
  330         strategies relating to the early warning system;
  331         amending s. 1006.147, F.S.; requiring school districts
  332         to review and revise their bullying and harassment
  333         policies at specified intervals; specifying that a
  334         school district policy require a school to implement
  335         the policy in a certain manner and integrate it with
  336         the school’s bullying prevention and intervention
  337         program; requiring such a policy to include mandatory
  338         reporting procedures and a list of authorized programs
  339         that provide bullying and harassment identification,
  340         prevention, and response instruction; requiring each
  341         school district to maintain an online portal
  342         accessible by a student’s parent to anonymously report
  343         incidents of bullying or harassment; deleting
  344         provisions relating to safe schools funds and data
  345         reporting requirements; amending s. 1006.283, F.S.;
  346         requiring school districts to notify parents of their
  347         ability to access homework assignments through a local
  348         instructional improvement system; providing an
  349         effective date.