Florida Senate - 2017 SB 438 By Senator Baxley 12-00460A-17 2017438__ 1 A bill to be entitled 2 An act relating to out-of-school suspension; amending 3 s. 1002.20, F.S.; authorizing a parent to give public 4 testimony regarding a district school board’s out-of 5 school suspension policy at a specified meeting; 6 amending s. 1006.07, F.S.; requiring a district school 7 board to review its rules authorizing out-of-school 8 suspension during a specified timeframe at a district 9 school board meeting; requiring the board to take 10 public testimony at the meeting; providing that the 11 rules expire under certain circumstances; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Paragraph (a) of subsection (4) of section 17 1002.20, Florida Statutes, is amended to read: 18 1002.20 K-12 student and parent rights.—Parents of public 19 school students must receive accurate and timely information 20 regarding their child’s academic progress and must be informed 21 of ways they can help their child to succeed in school. K-12 22 students and their parents are afforded numerous statutory 23 rights including, but not limited to, the following: 24 (4) DISCIPLINE.— 25 (a) Suspension of public school student.—In accordance with 26 the provisions of s. 1006.09(1)-(4): 27 1. A student may be suspended only as provided by rule of 28 the district school board. A good faith effort must be made to 29 immediately inform the parent by telephone of the student’s 30 suspension and the reason. Each suspension and the reason must 31 be reported in writing within 24 hours to the parent by United 32 States mail. A good faith effort must be made to use parental 33 assistance before suspension unless the situation requires 34 immediate suspension. 35 2. A student with a disability may only be recommended for 36 suspension or expulsion in accordance with State Board of 37 Education rules. 38 3. A parent may give public testimony at a district school 39 board meeting that reviews the board’s rules authorizing out-of 40 school suspension as provided in s. 1006.07(1)(a). 41 Section 2. Paragraph (a) of subsection (1) of section 42 1006.07, Florida Statutes, is amended to read: 43 1006.07 District school board duties relating to student 44 discipline and school safety.—The district school board shall 45 provide for the proper accounting for all students, for the 46 attendance and control of students at school, and for proper 47 attention to health, safety, and other matters relating to the 48 welfare of students, including: 49 (1) CONTROL OF STUDENTS.— 50 (a) Adopt rules for the control, discipline, in-school 51 suspension, suspension, and expulsion of students and decide all 52 cases recommended for expulsion. Once every 3 years, the 53 district school board shall review its rules authorizing out-of 54 school suspension as a form of discipline during a district 55 school board meeting held pursuant to s. 1001.372. The review 56 must include school district data regarding the disability 57 status, race, gender, and rate of recidivism of each student in 58 the school district who has received out-of-school suspension 59 since the district school board’s last review. The district 60 school board shall take public testimony at the meeting. If such 61 a meeting is not held in accordance with this paragraph, the 62 board’s rules authorizing out-of-school suspension expire. 63 Suspension hearings are exempted from the provisions of chapter 64 120. Expulsion hearings shall be governed by ss. 120.569 and 65 120.57(2) and are exempt from s. 286.011. However, the student’s 66 parent must be given notice of the provisions of s. 286.011 and 67 may elect to have the hearing held in compliance with that 68 section. The district school board may prohibit the use of 69 corporal punishment, if the district school board adopts or has 70 adopted a written program of alternative control or discipline. 71 Section 3. This act shall take effect July 1, 2017.