Florida Senate - 2017 SB 1064
By Senator Powell
30-00892-17 20171064__
1 A bill to be entitled
2 An act relating to student discipline; creating s.
3 1006.01, F.S.; providing definitions; amending s.
4 1006.07, F.S.; revising the duties of the district
5 school boards relating to student discipline and
6 school safety; requiring school districts to adopt
7 standards for intervention, rather than a code of
8 student conduct, which standards include specified
9 requirements; requiring a school district to
10 meaningfully involve parents, students, teachers, and
11 the community in creating and applying certain
12 policies; requiring a school district to fund and
13 support the implementation of school-based restorative
14 justice practices; requiring a school district to hire
15 staff members to improve the school climate and
16 safety; requiring a school district to annually survey
17 parents, students, and teachers regarding school
18 safety and discipline issues; amending s. 1006.12,
19 F.S.; revising the qualifications of a school resource
20 officer and a school safety officer; authorizing a
21 school resource officer and a school safety officer to
22 arrest a student only for certain violations of law;
23 requiring a school resource officer and a school
24 safety officer to immediately notify the principal or
25 the principal’s designee if the officer arrests a
26 student in a school-related incident; prohibiting an
27 officer from arresting or referring a student to the
28 criminal justice system or juvenile justice system for
29 petty acts of misconduct; providing an exception;
30 requiring written documentation of an arrest or
31 referral to the criminal justice system or juvenile
32 justice system; requiring each law enforcement agency
33 that serves a school district to enter into a
34 cooperative agreement with the district school board,
35 ensure the training of school resource officers and
36 school safety officers as specified, and develop
37 minimum qualifications for the selection of such
38 officers; amending s. 1006.13, F.S.; requiring each
39 district school board to adopt a policy on referrals
40 to the criminal justice system or the juvenile justice
41 system, rather than a policy of zero-tolerance for
42 crime and victimization; revising and providing
43 requirements for a policy on referrals to the criminal
44 justice system or the juvenile justice system;
45 providing that a school’s authority and discretion to
46 use other disciplinary consequences and interventions
47 is not limited by specified provisions; conforming
48 terminology; requiring each district school board, in
49 collaboration with students, educators, parents, and
50 stakeholders, to enter into cooperative agreements
51 with a county sheriff’s office and a local police
52 department for specified purposes; revising the
53 requirements for these agreements; requiring each
54 school district to annually review the cost,
55 effectiveness, and necessity of its school safety
56 programs and to submit findings to the Department of
57 Education; requiring a school district to arrange and
58 pay for transportation for a student in certain
59 circumstances; requiring, rather than encouraging, a
60 school district to use alternatives to expulsion or
61 referral to a law enforcement agency unless the use of
62 such alternatives poses a threat to school safety;
63 requiring each school district to submit to the
64 department its policies and agreements by a specified
65 date each year; requiring the department to develop by
66 a specified date a model policy for referrals to the
67 criminal justice system or the juvenile justice
68 system; requiring the Commissioner of Education to
69 report by a specified date each year to the Governor
70 and the Legislature on the implementation of policies
71 on referrals to law enforcement agencies; amending ss.
72 1002.20, 1002.23, 1002.33, 1003.02, 1003.32, 1003.53,
73 1003.57, 1006.09, 1006.10, 1006.147, 1006.15,
74 1006.195, 1007.271, and 1012.98, F.S.; conforming
75 cross-references and provisions to changes made by the
76 act; providing an effective date.
77
78 Be It Enacted by the Legislature of the State of Florida:
79
80 Section 1. Section 1006.01, Florida Statutes, is created to
81 read:
82 1006.01 Definitions.—As used in part I of this chapter, the
83 term:
84 (1) “Exclusionary consequence” means a consequence of a
85 student’s serious breach of the standards for intervention, as
86 provided in s. 1006.07(2), which results in the student being
87 barred from attending school.
88 (2) “Exclusionary discipline” means a disciplinary,
89 punitive practice that removes a student from instruction time
90 in his or her regular classrooms and may include in-school
91 suspension during class time, out-of-school suspension, transfer
92 to an alternative school, or expulsion. Absences due to
93 exclusionary discipline are considered excused absences.
94 (3) “Restorative circle” means a common space where at
95 least one individual guides a discussion in which each
96 participant has an equal opportunity to speak and in which
97 participants take turns speaking about a topic and using a
98 talking piece, a physical object that is used to assist
99 communication between participants.
100 (4) “Restorative group conferencing” means an intervention
101 in which a facilitator leads the individuals who were involved
102 in an incident, whether they were harmed or caused the harm, as
103 well as their families or other supporters, in a face-to-face
104 process designed to address the harm, resolve any conflict, and
105 prevent recurrence of the harm based on the ideas of restorative
106 justice practices and mutual accountability.
107 (5) “Restorative justice” means an intervening approach to
108 justice which addresses root causes of harm that is a result of
109 unjust behavior; emphasizes repair of the harm; and gives equal
110 attention to accountability, growth, community safety, the
111 harmed student’s needs, and the student offender’s needs.
112 Section 2. Section 1006.07, Florida Statutes, is amended to
113 read:
114 1006.07 District school board duties relating to student
115 discipline and school safety.—The district school board shall
116 provide for the proper accounting for all students;, for the
117 attendance and control of students at school; for the creation
118 of a safe and effective learning environment, regardless of the
119 student’s race, ethnicity, religion, disability, sexual
120 orientation, or gender identity;, and for the proper attention
121 to health, safety, and other matters relating to the welfare of
122 students, including the use of:
123 (1) INTERVENTIONS FOR AND DISCIPLINE CONTROL OF STUDENTS.
124 Each school district shall:
125 (a) Adopt rules for the control, discipline, in-school
126 suspension, suspension, and expulsion of students and decide all
127 cases recommended for expulsion. Suspension hearings are exempt
128 exempted from the provisions of chapter 120. Expulsion hearings
129 are shall be governed by ss. 120.569 and 120.57(2) and are
130 exempt from s. 286.011. However, the student’s parent must be
131 given notice of the provisions of s. 286.011 and may elect to
132 have the hearing held in compliance with that section. The
133 district school board may prohibit the use of corporal
134 punishment, if the district school board adopts or has adopted a
135 written program of alternative control or discipline. In order
136 to fulfill the paramount duty of this state to make adequate
137 provisions for the education of all children residing within its
138 borders in accordance with s. 1, Art. IX of the State
139 Constitution, the district school board shall make every effort
140 to reduce exclusionary discipline for minor misbehavior.
141 (b) Require each student at the time of initial
142 registration for school in the school district to note previous
143 school expulsions, arrests resulting in a charge, and juvenile
144 justice actions the student has had, and have the authority as
145 the district school board of a receiving school district to
146 honor the final order of expulsion or dismissal of a student by
147 any in-state or out-of-state public district school board or
148 private school, or lab school, for an act that which would have
149 been grounds for expulsion according to the receiving district
150 school board’s standards for intervention code of student
151 conduct, in accordance with the following procedures:
152 1. A final order of expulsion shall be recorded in the
153 records of the receiving school district.
154 2. The expelled student applying for admission to the
155 receiving school district shall be advised of the final order of
156 expulsion.
157 3. The district school superintendent of the receiving
158 school district may recommend to the district school board that
159 the final order of expulsion be waived and the student be
160 admitted to the school district, or that the final order of
161 expulsion be honored and the student not be admitted to the
162 school district. If the student is admitted by the district
163 school board, with or without the recommendation of the district
164 school superintendent, the student may be placed in an
165 appropriate educational program at the direction of the district
166 school board.
167 (2) STANDARDS FOR INTERVENTION CODE OF STUDENT CONDUCT.
168 Each school district shall adopt clear standards for
169 intervention, formerly known as a code of student conduct, which
170 create a safe, supportive, and positive school climate and
171 address misbehavior with interventions and consequences aimed at
172 understanding and addressing the causes of misbehavior,
173 resolving conflicts, meeting students’ needs, keeping students
174 in school, and teaching them to respond in age-appropriate ways
175 a code of student conduct for elementary schools and a code of
176 student conduct for middle and high schools and distribute the
177 appropriate code to all teachers, school personnel, students,
178 and parents, at the beginning of every school year. The process
179 for adopting standards for intervention must include meaningful
180 involvement among parents, students, teachers, and the
181 community. The standards for intervention must be organized and
182 written in language that is understandable to students and
183 parents and translated into all languages represented by the
184 students and their parents; discussed at the beginning of every
185 school year in student classes, school advisory council
186 meetings, and parent and teacher association or organization
187 meetings; made available at the beginning of every school year
188 in the student handbook or similar publication distributed to
189 all teachers, school personnel, students, and parents; and
190 posted on the school district’s website. The standards for
191 intervention must Each code shall be organized and written in
192 language that is understandable to students and parents and
193 shall be discussed at the beginning of every school year in
194 student classes, school advisory council meetings, and parent
195 and teacher association or organization meetings. Each code
196 shall be based on the rules governing student conduct and
197 discipline adopted by the district school board and shall be
198 made available in the student handbook or similar publication.
199 Each code shall include, but need is not be limited to, the
200 following:
201 (a) Consistent policies and specific grounds for
202 disciplinary action, including in-school suspension, out-of
203 school suspension, expulsion, intervention, support, and any
204 disciplinary action that may be imposed for the possession or
205 use of alcohol on school property or while attending a school
206 function or for the illegal use, sale, or possession of
207 controlled substances as defined in chapter 893.
208 (b) Procedures to be followed for acts requiring
209 discipline, including corporal punishment.
210 (c) A discipline chart or matrix indicating that a student
211 is not subject to exclusionary discipline for unexcused
212 tardiness, lateness, absence, or truancy; for violation of the
213 school dress code or rules regarding school uniforms; or for
214 behavior infractions that do not endanger the physical safety of
215 other students or staff members, including, but not limited to,
216 insubordination, defiance, disobedience, disrespect, or minor
217 classroom disruptions. The discipline chart or matrix must also:
218 1. Provide guidance on appropriate interventions and
219 consequences to be applied to behaviors or behavior categories
220 as provided in subparagraph 2. The school district may define
221 specific interventions and provide a list of interventions that
222 must be used and documented before exclusionary discipline is
223 considered unless a behavior poses a serious threat to school
224 safety. The interventions may include, but need not be limited
225 to:
226 a. Having a private conversation with the student about his
227 or her behavior and underlying issues that may have precipitated
228 the behavior.
229 b. Providing an opportunity for the student’s anger, fear,
230 or anxiety to subside.
231 c. Providing restorative justice practices using a
232 schoolwide approach of informal and formal techniques to foster
233 a sense of school community and to manage conflict by repairing
234 harm and restoring positive relationships.
235 d. Providing reflective activities, such as requiring the
236 student to write an essay about his or her behavior.
237 e. Participating in skill building and conflict resolution
238 activities, such as social-emotional cognitive skill building,
239 restorative circles, and restorative group conferencing.
240 f. Revoking student privileges.
241 g. Referring a student to a school counselor or social
242 worker.
243 h. Speaking to a student’s parent.
244 i. Referring a student to intervention outside the school
245 setting.
246 j. Ordering in-school detention or in-school suspension
247 during lunch, after school, or on the weekends.
248 2. Outline specific behaviors or behavior categories. Each
249 behavior or behavior category must include clear maximum
250 consequences to prevent inappropriate exclusionary consequences
251 for minor misbehavior and petty acts of misconduct and set clear
252 requirements that must be satisfied before the school imposes
253 exclusionary discipline. The chart or matrix must show that
254 exclusionary discipline is a last resort to be used only in
255 cases of serious misconduct when in-school interventions and
256 consequences that do not lead to exclusionary consequences are
257 insufficient. The following behaviors, which must be accompanied
258 by appropriate intervention services, such as substance abuse
259 counseling, anger management counseling, or restorative justice
260 practices, may result in exclusionary discipline and in
261 notification of a law enforcement agency if the behavior is a
262 felony or a serious threat to school safety:
263 a. Illegal sale of a controlled substance, as defined in
264 chapter 893, by a student on school property or in attendance at
265 a school function.
266 b. Violation of the district school board’s sexual
267 harassment policy.
268 c. Possession, display, transmission, use, or sale of a
269 firearm or weapon, as defined in s. 790.001 or 18 U.S.C. s. 921,
270 or an object that is used as, or is intended to function as, a
271 weapon, while on school property or in attendance at a school
272 function.
273 d. Making a threat or intimidation using any pointed or
274 sharp object or the use of any substance or object as a weapon
275 with the threat or intent to inflict bodily harm.
276 e. Making a threat or a false report, as provided in ss.
277 790.162 and 790.163, respectively.
278 f. Homicide.
279 g. Sexual battery.
280 h. Armed robbery.
281 i. Aggravated battery.
282 j. Battery or aggravated battery on a teacher, other school
283 personnel, or district school board personnel.
284 k. Kidnapping.
285 l. Arson.
286 (d) A glossary of clearly defined terms and behaviors.
287 (e) An explanation of the responsibilities, dignity, and
288 rights of and respect for students, including, but not limited
289 to, a student’s right not to be discriminated against based on
290 race, ethnicity, religion, disability, sexual orientation, or
291 gender identity; a student’s right to participate in student
292 publications, school programs, and school activities; and a
293 student’s right to exercise free speech, to assemble, and to
294 maintain privacy.
295 (f) An explanation of the school’s dress code or rules
296 regarding school uniforms and notice that students have the
297 right to dress in accordance with their stated gender within the
298 constraints of the school’s dress code.
299 (g) Notice that violation of transportation policies of a
300 district school board by a student, including disruptive
301 behavior on a school bus or at a school bus stop, is grounds for
302 disciplinary action by the school.
303 (h) Notice that a student who is determined to have brought
304 a firearm or weapon, as defined in s. 790.001 or 18 U.S.C. s.
305 921, to school, to a school function, or onto school-sponsored
306 transportation, or to have possessed a firearm or weapon at
307 school, will be expelled from the student’s regular school for
308 at least 1 full year and referred to the criminal justice system
309 or juvenile justice system. A district school superintendent may
310 consider the requirement of 1-year expulsion on a case-by-case
311 basis and may request the district school board to modify the
312 requirement by assigning the student to a disciplinary program
313 or second chance school if:
314 1. The request for modification is in writing; and
315 2. The modification is determined to be in the best
316 interest of the student and the school district.
317 (i) Notice that a student who is determined to have made a
318 threat or false report, as provided in ss. 790.162 and 790.163,
319 respectively, involving the school’s or school personnel’s
320 property, school transportation, or a school-sponsored activity
321 may be expelled from the student’s regular school for at least 1
322 full year, with continuing educational services, and referred to
323 the criminal justice system or juvenile justice system. A
324 district school superintendent may consider the requirement of a
325 1-year expulsion on a case-by-case basis and may request the
326 district school board to modify the requirement by assigning the
327 student to a disciplinary program or second chance school if:
328 1. The request for modification is in writing; and
329 2. The modification is determined to be in the best
330 interest of the student and the school district.
331 (j) A clear and complete explanation of due process rights
332 afforded to a student, including a student with a disability,
333 and the types of exclusionary discipline to which a student may
334 be subjected.
335 (c) An explanation of the responsibilities and rights of
336 students with regard to attendance, respect for persons and
337 property, knowledge and observation of rules of conduct, the
338 right to learn, free speech and student publications, assembly,
339 privacy, and participation in school programs and activities.
340 (d)1. An explanation of the responsibilities of each
341 student with regard to appropriate dress, respect for self and
342 others, and the role that appropriate dress and respect for self
343 and others has on an orderly learning environment. Each district
344 school board shall adopt a dress code policy that prohibits a
345 student, while on the grounds of a public school during the
346 regular school day, from wearing clothing that exposes underwear
347 or body parts in an indecent or vulgar manner or that disrupts
348 the orderly learning environment.
349 2. Any student who violates the dress policy described in
350 subparagraph 1. is subject to the following disciplinary
351 actions:
352 a. For a first offense, a student shall be given a verbal
353 warning and the school principal shall call the student’s parent
354 or guardian.
355 b. For a second offense, the student is ineligible to
356 participate in any extracurricular activity for a period of time
357 not to exceed 5 days and the school principal shall meet with
358 the student’s parent or guardian.
359 c. For a third or subsequent offense, a student shall
360 receive an in-school suspension pursuant to s. 1003.01(5) for a
361 period not to exceed 3 days, the student is ineligible to
362 participate in any extracurricular activity for a period not to
363 exceed 30 days, and the school principal shall call the
364 student’s parent or guardian and send the parent or guardian a
365 written letter regarding the student’s in-school suspension and
366 ineligibility to participate in extracurricular activities.
367 (e) Notice that illegal use, possession, or sale of
368 controlled substances, as defined in chapter 893, by any student
369 while the student is upon school property or in attendance at a
370 school function is grounds for disciplinary action by the school
371 and may also result in criminal penalties being imposed.
372 (f) Notice that use of a wireless communications device
373 includes the possibility of the imposition of disciplinary
374 action by the school or criminal penalties if the device is used
375 in a criminal act. A student may possess a wireless
376 communications device while the student is on school property or
377 in attendance at a school function. Each district school board
378 shall adopt rules governing the use of a wireless communications
379 device by a student while the student is on school property or
380 in attendance at a school function.
381 (g) Notice that the possession of a firearm or weapon as
382 defined in chapter 790 by any student while the student is on
383 school property or in attendance at a school function is grounds
384 for disciplinary action and may also result in criminal
385 prosecution. Simulating a firearm or weapon while playing or
386 wearing clothing or accessories that depict a firearm or weapon
387 or express an opinion regarding a right guaranteed by the Second
388 Amendment to the United States Constitution is not grounds for
389 disciplinary action or referral to the criminal justice or
390 juvenile justice system under this section or s. 1006.13.
391 Simulating a firearm or weapon while playing includes, but is
392 not limited to:
393 1. Brandishing a partially consumed pastry or other food
394 item to simulate a firearm or weapon.
395 2. Possessing a toy firearm or weapon that is 2 inches or
396 less in overall length.
397 3. Possessing a toy firearm or weapon made of plastic snap
398 together building blocks.
399 4. Using a finger or hand to simulate a firearm or weapon.
400 5. Vocalizing an imaginary firearm or weapon.
401 6. Drawing a picture, or possessing an image, of a firearm
402 or weapon.
403 7. Using a pencil, pen, or other writing or drawing utensil
404 to simulate a firearm or weapon.
405
406 However, a student may be subject to disciplinary action if
407 simulating a firearm or weapon while playing substantially
408 disrupts student learning, causes bodily harm to another person,
409 or places another person in reasonable fear of bodily harm. The
410 severity of consequences imposed upon a student, including
411 referral to the criminal justice or juvenile justice system,
412 must be proportionate to the severity of the infraction and
413 consistent with district school board policies for similar
414 infractions. If a student is disciplined for such conduct, the
415 school principal or his or her designee must call the student’s
416 parent. Disciplinary action resulting from a student’s clothing
417 or accessories shall be determined pursuant to paragraph (d)
418 unless the wearing of the clothing or accessory causes a
419 substantial disruption to student learning, in which case the
420 infraction may be addressed in a manner that is consistent with
421 district school board policies for similar infractions. This
422 paragraph does not prohibit a public school from adopting a
423 school uniform policy.
424 (h) Notice that violence against any district school board
425 personnel by a student is grounds for in-school suspension, out
426 of-school suspension, expulsion, or imposition of other
427 disciplinary action by the school and may also result in
428 criminal penalties being imposed.
429 (i) Notice that violation of district school board
430 transportation policies, including disruptive behavior on a
431 school bus or at a school bus stop, by a student is grounds for
432 suspension of the student’s privilege of riding on a school bus
433 and may be grounds for disciplinary action by the school and may
434 also result in criminal penalties being imposed.
435 (j) Notice that violation of the district school board’s
436 sexual harassment policy by a student is grounds for in-school
437 suspension, out-of-school suspension, expulsion, or imposition
438 of other disciplinary action by the school and may also result
439 in criminal penalties being imposed.
440 (k) Policies to be followed for the assignment of violent
441 or disruptive students to an alternative educational program.
442 (l) Notice that any student who is determined to have
443 brought a firearm or weapon, as defined in chapter 790, to
444 school, to any school function, or onto any school-sponsored
445 transportation, or to have possessed a firearm at school, will
446 be expelled, with or without continuing educational services,
447 from the student’s regular school for a period of not less than
448 1 full year and referred to the criminal justice or juvenile
449 justice system. District school boards may assign the student to
450 a disciplinary program or second chance school for the purpose
451 of continuing educational services during the period of
452 expulsion. District school superintendents may consider the 1
453 year expulsion requirement on a case-by-case basis and request
454 the district school board to modify the requirement by assigning
455 the student to a disciplinary program or second chance school if
456 the request for modification is in writing and it is determined
457 to be in the best interest of the student and the school system.
458 (m) Notice that any student who is determined to have made
459 a threat or false report, as defined by ss. 790.162 and 790.163,
460 respectively, involving school or school personnel’s property,
461 school transportation, or a school-sponsored activity will be
462 expelled, with or without continuing educational services, from
463 the student’s regular school for a period of not less than 1
464 full year and referred for criminal prosecution. District school
465 boards may assign the student to a disciplinary program or
466 second chance school for the purpose of continuing educational
467 services during the period of expulsion. District school
468 superintendents may consider the 1-year expulsion requirement on
469 a case-by-case basis and request the district school board to
470 modify the requirement by assigning the student to a
471 disciplinary program or second chance school if it is determined
472 to be in the best interest of the student and the school system.
473 (3) COMMUNITY INVOLVEMENT IN POLICY CREATION STUDENT CRIME
474 WATCH PROGRAM.—Each school district shall ensure the meaningful
475 involvement of parents, students, teachers, and the community in
476 creating and applying policies regarding student discipline and
477 school safety By resolution of the district school board,
478 implement a student crime watch program to promote
479 responsibility among students and to assist in the control of
480 criminal behavior within the schools.
481 (4) EMERGENCY DRILLS AND; EMERGENCY PROCEDURES.—Each school
482 district shall:
483 (a) Formulate and prescribe policies and procedures for
484 emergency drills and for actual emergencies, including, but not
485 limited to, fires, natural disasters, and bomb threats, for all
486 the public schools of the district which comprise grades K-12.
487 District school board policies must shall include commonly used
488 alarm system responses for specific types of emergencies and
489 verification by each school that drills have been provided as
490 required by law and fire protection codes. The emergency
491 response agency that is responsible for notifying the school
492 district for each type of emergency must be listed in the
493 district’s emergency response policy.
494 (b) Establish model emergency management and emergency
495 preparedness procedures, including emergency notification
496 procedures pursuant to paragraph (a), for the following life
497 threatening emergencies:
498 1. Weapon-use and hostage situations.
499 2. Hazardous materials or toxic chemical spills.
500 3. Weather emergencies, including hurricanes, tornadoes,
501 and severe storms.
502 4. Exposure as a result of a manmade emergency.
503 (5) EDUCATIONAL SERVICES IN DETENTION FACILITIES.—Each
504 school district shall offer educational services to minors who
505 have not graduated from high school and eligible students with
506 disabilities under the age of 22 who have not graduated with a
507 standard diploma or its equivalent who are detained in a county
508 or municipal detention facility as defined in s. 951.23. These
509 educational services must shall be based upon the estimated
510 length of time the student will be in the facility and the
511 student’s current level of functioning. A county sheriff or
512 chief correctional officer, or his or her designee, shall notify
513 the district school superintendent, superintendents or his or
514 her designee, when their designees shall be notified by the
515 county sheriff or chief correctional officer, or his or her
516 designee, upon the assignment of a student under the age of 21
517 is assigned to the facility. A cooperative agreement with the
518 district school board and applicable law enforcement units shall
519 develop a cooperative agreement be developed to address the
520 notification requirement and the provision of educational
521 services to such these students.
522 (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
523 district shall use the Safety and Security Best Practices
524 developed by the Office of Program Policy Analysis and
525 Government Accountability to conduct a self-assessment of the
526 school districts’ current safety and security practices. Based
527 on these self-assessment findings, the district school
528 superintendent shall provide recommendations to the district
529 school board which identify strategies and activities that the
530 district school board should implement in order to improve
531 school safety and security. Annually Each district school board
532 must annually receive the self-assessment results at a publicly
533 noticed district school board meeting to provide the public an
534 opportunity to hear the district school board members discuss
535 and take action on the report findings. Each district school
536 superintendent shall report the self-assessment results and
537 school board action to the commissioner within 30 days after the
538 district school board meeting.
539 (7) RESTORATIVE JUSTICE PRACTICES.—Each school district
540 shall provide funding for, train school staff members on, and
541 support the implementation of school-based restorative justice
542 practices. Schools shall use these practices to foster a sense
543 of school community and to resolve conflict by encouraging the
544 reporting of harm and by restoring positive relationships. There
545 are various ways to use these practices in the schools and in
546 the juvenile justice system where students and educators work
547 together to set academic goals, develop core values for the
548 classroom, and resolve conflicts. Many types of restorative
549 justice practices, such as restorative circles, may be used to
550 promote a positive learning environment and to confront issues
551 as they arise. Some common restorative circles that schools use
552 for discipline may include, but need not be limited to:
553 (a) Discipline circles that address the harm that occurred,
554 repair the harm, and develop solutions to prevent recurrence of
555 the harm among the parties involved.
556 (b) Proactive behavior management circles that use role
557 play to develop positive behavioral models for students.
558 (8) SUPPORT STAFF.—Each school district shall provide
559 funding to hire staff members to improve school climate and
560 safety, such as social workers, counselors, and restorative
561 justice coordinators, at the nationally recommended ratio of 250
562 students to 1 counselor in order to reduce dependency on school
563 safety officers, school resource officers, and other school
564 resources.
565 (9) SURVEYS.—Each school district shall annually survey
566 parents, students, and teachers regarding school safety and
567 disciplinary issues.
568 Section 3. Section 1006.12, Florida Statutes, is amended to
569 read:
570 1006.12 School resource officers and school safety
571 officers.—
572 (1) A district school board boards may establish a school
573 resource officer program programs, through a cooperative
574 agreement with a law enforcement agency agencies or in
575 accordance with subsection (2).
576 (a) Each school resource officer must officers shall be a
577 certified law enforcement officer officers, as defined in s.
578 943.10(1), and have been who are employed for at least 2 years
579 by a law enforcement agency as defined in s. 943.10(4). The
580 powers and duties of a law enforcement officer shall continue
581 throughout the employee’s tenure as a school resource officer.
582 (b) A school resource officer officers shall abide by
583 district school board policies and shall consult with and
584 coordinate activities through the school principal, but is shall
585 be responsible to the law enforcement agency in all matters
586 relating to employment, subject to agreements between the a
587 district school board and the a law enforcement agency. A school
588 resource officer’s activities that conducted by the school
589 resource officer which are part of the regular instructional
590 program of the school are shall be under the direction of the
591 school principal.
592 (c) A school resource officer may arrest a student only for
593 a violation of law which constitutes a serious threat to school
594 safety and only after consultation with the school principal or
595 the principal’s designee, documented attempts at intervention or
596 in-school consequences, and pursuant to the standards for
597 intervention and the cooperative agreement as described in ss.
598 1006.07 and 1006.13, respectively. If a school resource officer
599 arrests a student in a school-related incident, the officer
600 shall immediately notify the principal or the principal’s
601 designee. A school resource officer may not arrest or otherwise
602 refer a student to the criminal justice system or the juvenile
603 justice system for a petty act of misconduct unless it is
604 determined that the failure to do so would endanger the physical
605 safety of other students or staff at the school. Such
606 determination must be documented in a written report to the
607 principal or the principal’s designee which includes a
608 description of the behavior at issue and an explanation of why
609 an arrest or referral was necessary.
610 (2)(a) Each school safety officer must officers shall be a
611 law enforcement officer officers, as defined in s. 943.10(1),
612 certified under the provisions of chapter 943 and have been
613 employed for at least 2 years by either a law enforcement agency
614 or by the district school board. If the officer is employed by
615 the district school board, the district school board is the
616 employing agency for purposes of chapter 943, and must comply
617 with the provisions of that chapter.
618 (b) A district school board may commission one or more
619 school safety officers for the protection and safety of school
620 personnel, property, and students within the school district.
621 The district school superintendent may recommend and the
622 district school board may appoint one or more school safety
623 officers.
624 (c) A school safety officer may has and shall exercise the
625 power to make arrests for violations of law on district school
626 board property and to arrest persons, whether on or off such
627 property, who violate any law on such property under the same
628 conditions that deputy sheriffs are authorized to make arrests.
629 A school safety officer may arrest a student only for a
630 violation of law which constitutes a serious threat to school
631 safety and only after consultation with the school principal or
632 the principal’s designee, documented attempts at intervention or
633 in-school consequences, and pursuant to the standards for
634 intervention and the cooperative agreement as described in ss.
635 1006.07 and 1006.13, respectively. If a school safety officer
636 arrests a student in a school-related incident, the officer
637 shall immediately notify the principal or the principal’s
638 designee. A school safety officer may not arrest or otherwise
639 refer a student to the criminal justice system or the juvenile
640 justice system for a petty act of misconduct unless it is
641 determined that the failure to do so would endanger the physical
642 safety of other students or staff at the school. Such
643 determination must be documented in a written report to the
644 principal or the principal’s designee which includes a
645 description of the behavior at issue and an explanation of why
646 an arrest or referral was necessary A school safety officer has
647 the authority to carry weapons when performing his or her
648 official duties.
649 (d) A district school board may enter into mutual aid
650 agreements with one or more law enforcement agencies as provided
651 in chapter 23. A school safety officer’s salary may be paid
652 jointly by the district school board and the law enforcement
653 agency, as mutually agreed to.
654 (3) Each law enforcement agency serving a school district
655 shall do the following:
656 (a) Enter into a cooperative agreement with the district
657 school board pursuant to s. 1006.13.
658 (b) Ensure that each school resource officer and school
659 safety officer is trained to use appropriate and positive
660 interactions with students in different stages of mental,
661 emotional, and physical development, and to implement the range
662 of interventions and school-based consequences that should be
663 used to avoid an arrest. Training must include, but is not
664 limited to, the following:
665 1. Child and adolescent development and psychology;
666 2. Teaching students to respond in age-appropriate ways;
667 3. Cultural differences and unconscious bias;
668 4. Restorative justice practices;
669 5. Rights of students with disabilities and appropriate
670 responses to their behaviors;
671 6. Practices that improve the school climate; and
672 7. The creation of safe environments for lesbian, gay,
673 bisexual, and transgender students.
674 (c) Establish the following minimum qualifications for the
675 selection of school resource officers and school safety
676 officers:
677 1. Proficiency in verbal, written, and interpersonal skills
678 that include public speaking;
679 2. Knowledge and experience in matters involving cultural
680 diversity and sensitivity;
681 3. Training in best practices for working with students as
682 specified in paragraph (b);
683 4. Commitment to serving as a positive role model for
684 students;
685 5. Passion for and desire to interact positively with
686 students; and
687 6. An employment record with no history of excessive force
688 or racial bias.
689 Section 4. Section 1006.13, Florida Statutes, is amended to
690 read:
691 1006.13 Policy on referrals to the criminal justice system
692 or the juvenile justice system of zero tolerance for crime and
693 victimization.—
694 (1) It is the intent of the Legislature to promote a safe
695 and supportive learning environment in schools, to protect
696 students and staff from conduct that poses a serious threat to
697 school safety, and to encourage schools to use alternatives to
698 expulsion or referral to law enforcement agencies by addressing
699 disruptive behavior through restitution, civil citation, teen
700 court, neighborhood restorative justice, or similar programs.
701 The Legislature finds that referrals to the criminal justice
702 system or the juvenile justice system zero-tolerance policies
703 are not intended to be rigorously applied to petty acts of
704 misconduct and misdemeanors, including, but not limited to,
705 minor fights or disturbances. The Legislature finds that zero
706 tolerance policies on referrals to the criminal justice system
707 or the juvenile justice system must apply equally to all
708 students regardless of their economic status, race, or
709 disability.
710 (2) Each district school board shall adopt a policy on
711 referrals to the criminal justice system or the juvenile justice
712 system which of zero tolerance that:
713 (a) Clearly limits the role of law enforcement intervention
714 to serious threats to school safety and delineates clear roles
715 in which school principals or their designees, under the
716 constraints of the standards for intervention as described in s.
717 1006.07 and other district policies, are the final
718 decisionmakers on disciplinary consequences, including referrals
719 to law enforcement agencies.
720 (b) Defines criteria for reporting to a law enforcement
721 agency any act that occurs whenever or wherever students are
722 within the jurisdiction of the district school board and that
723 poses a serious threat to school safety. An act that does not
724 pose a serious threat to school safety must be handled within
725 the school’s disciplinary system.
726 (c)(b) Defines acts that pose a serious threat to school
727 safety, including, but not limited to, those acts or behaviors
728 specified in s. 1006.07(2)(c)2.
729 (d)(c) Defines petty acts of misconduct, including, but not
730 limited to, behavior that could amount to the misdemeanor
731 criminal charge of disorderly conduct, disturbing a school
732 function, loitering, simple assault or battery, affray, theft of
733 less than $300, trespassing, vandalism of less than $1,000,
734 criminal mischief, and other behavior that does not pose a
735 serious threat to school safety.
736 (e) Specifies that students may not be arrested or
737 otherwise referred to the criminal justice system or the
738 juvenile justice system for petty acts of misconduct unless it
739 is determined that the failure to do so would endanger the
740 physical safety of other students or staff at the school. Such
741 determination must be documented in a written report that
742 includes a description of the behavior at issue and an
743 explanation of why an arrest or referral was necessary.
744 (f)(d) Minimizes the victimization of students, staff, or
745 volunteers, including taking all steps necessary to protect the
746 victim of any violent crime from any further victimization.
747 (g)(e) Establishes a procedure that provides each student
748 with the opportunity for a review of the disciplinary action
749 imposed pursuant to s. 1006.07.
750 (h) Establishes data-sharing protocols so that each school
751 district receives, at least twice a year, a report on the number
752 of school-based arrests of students. All data must be
753 disaggregated by race, ethnicity, gender, school, offense, and
754 the name of the law enforcement officer involved, and match the
755 school district’s records on grade, disability, and status as a
756 limited English proficient student.
757 (3) This section does not limit a school’s authority and
758 discretion under law to use other disciplinary consequences and
759 interventions as appropriate to address school-based incidents.
760 (4)(3) The policy on referrals to the criminal justice
761 system or the juvenile justice system Zero-tolerance policies
762 must require a student who is students found to have committed
763 one of the following offenses to be expelled, with or without
764 continuing educational services, from the student’s regular
765 school for a period of not less than 1 full year, and to be
766 referred to the criminal justice system or juvenile justice
767 system:.
768 (a) Bringing a firearm or weapon, as defined in s. 790.001
769 or 18 U.S.C. s. 921 chapter 790, to school, to any school
770 function, or onto any school-sponsored transportation or
771 possessing a firearm at school.
772 (b) Making a threat or false report, as provided in defined
773 by ss. 790.162 and 790.163, respectively, involving school or
774 school personnel’s property, school transportation, or a school
775 sponsored activity.
776
777 A district school board boards may assign the student to a
778 disciplinary program for the purpose of continuing educational
779 services during the period of expulsion. A district school
780 superintendent superintendents may consider the 1-year expulsion
781 requirement on a case-by-case basis and request the district
782 school board to modify the requirement by assigning the student
783 to a disciplinary program or second chance school if the request
784 for modification is in writing and it is determined to be in the
785 best interest of the student and the school system. If a student
786 committing any of the offenses in this subsection is a student
787 who has a disability, the district school board shall comply
788 with applicable State Board of Education rules.
789 (5)(4)(a) Each district school board, in collaboration with
790 students, educators, parents, and stakeholders, shall enter into
791 cooperative agreements with the county sheriff’s office and
792 local police department specifying guidelines for ensuring that
793 acts that pose a serious threat to school safety, whether
794 committed by a student or adult, are reported to a law
795 enforcement agency. Such agreements must:
796 (a)(b) The agreements must Include the role of school
797 safety officers and school resource officers, if applicable, in
798 handling reported incidents that pose a serious threat to school
799 safety and, circumstances in which school officials may handle
800 incidents without filing a report with a law enforcement agency,
801 and a procedure for ensuring that school personnel properly
802 report appropriate delinquent acts and crimes.
803 (b)(c) Clarify that Zero-tolerance policies do not require
804 the reporting of petty acts of misconduct and misdemeanors may
805 not be reported to a law enforcement agency, including, but not
806 limited to, disorderly conduct, disturbing disrupting a school
807 function, loitering, simple assault or battery, affray, theft of
808 less than $300, trespassing, and vandalism of less than $1,000,
809 criminal mischief, and other misdemeanors that do not pose a
810 serious threat to school safety.
811 (c)(d) Clarify the role of the school principal in ensuring
812 shall ensure that all school personnel are properly informed of
813 as to their responsibilities regarding crime reporting, that
814 appropriate delinquent acts and crimes are properly reported,
815 and that actions taken in cases with special circumstances are
816 properly taken and documented.
817 (d) Specify training for each school resource officer and
818 school safety officer on school grounds to foster appropriate
819 and positive interactions with students in different stages of
820 mental, emotional, and physical development, and to implement
821 the range of interventions and school-based consequences that
822 should be used to avoid an arrest. Training must include, but is
823 not limited to, the following:
824 1. Child and adolescent development and psychology;
825 2. Teaching students to respond in age-appropriate ways;
826 3. Cultural differences and unconscious bias;
827 4. Restorative justice practices;
828 5. Rights of students with disabilities and appropriate
829 responses to their behaviors;
830 6. Practices that improve the school climate; and
831 7. The creation of safe environments for lesbian, gay,
832 bisexual, and transgender students.
833 (e) Include clear guidelines for selecting school resource
834 officers and school safety officers, who must meet the following
835 minimum qualifications:
836 1. Proficiency in verbal, written, and interpersonal skills
837 that include public speaking;
838 2. Knowledge and experience in matters involving cultural
839 diversity and sensitivity;
840 3. Training in best practices for working with students as
841 specified in paragraph (d);
842 4. Commitment to serving as a positive role model for
843 students;
844 5. Passion for and desire to interact positively with
845 students; and
846 6. An employment record with no history of excessive force
847 or racial bias.
848 (f) Require a school district to annually review the cost
849 and effectiveness of its school safety programs, including the
850 use of school safety officers, school resource officers, and
851 other security measures, to report its findings to the
852 Department of Education by August 1 of each school year, and to
853 use these findings to reevaluate and improve school safety
854 programs.
855 (6)(5) Notwithstanding any other provision of law, each
856 district school board shall adopt rules providing that a any
857 student found to have committed an any offense in s. 784.081(1),
858 (2), or (3) shall be expelled or placed in an alternative school
859 setting or other program, as appropriate. Upon being charged
860 with the offense, and pending disposition, the student shall be
861 removed from the classroom immediately and placed in an
862 alternative school setting pending disposition.
863 (7)(a)(6)(a) Notwithstanding any provision of law
864 prohibiting the disclosure of the identity of a minor, if a
865 whenever any student who is attending a public school is
866 adjudicated guilty of or delinquent for, or is found to have
867 committed, regardless of whether adjudication is withheld, or
868 pleads guilty or nolo contendere to, a felony violation of:
869 1. Chapter 782, relating to homicide;
870 2. Chapter 784, relating to assault, battery, and culpable
871 negligence;
872 3. Chapter 787, relating to kidnapping, false imprisonment,
873 luring or enticing a child, and custody offenses;
874 4. Chapter 794, relating to sexual battery;
875 5. Chapter 800, relating to lewdness and indecent exposure;
876 6. Chapter 827, relating to abuse of children;
877 7. Section 812.13, relating to robbery;
878 8. Section 812.131, relating to robbery by sudden
879 snatching;
880 9. Section 812.133, relating to carjacking; or
881 10. Section 812.135, relating to home-invasion robbery,
882
883 and, before or at the time of such adjudication, withholding of
884 adjudication, or plea, the student offender was attending a
885 school attended by the victim or a sibling of the victim of the
886 offense, the Department of Juvenile Justice shall notify the
887 appropriate district school board of the adjudication or plea,
888 the requirements of in this paragraph, and whether the student
889 offender is prohibited from attending that school or riding on a
890 school bus if whenever the victim or a sibling of the victim is
891 attending the same school or riding on the same school bus,
892 except as provided pursuant to a written disposition order under
893 s. 985.455(2). Upon receipt of such notice, the district school
894 board shall take appropriate action to effectuate the provisions
895 in paragraph (b).
896 (b) Each district school board shall adopt a cooperative
897 agreement with the Department of Juvenile Justice which
898 establishes guidelines for ensuring that a any no contact order
899 entered by a court is reported and enforced and that all of the
900 necessary steps are taken to protect the victim of the offense.
901 Any student offender described in paragraph (a), who is not
902 exempt exempted as provided in paragraph (a), may not attend the
903 any school attended by the victim or a sibling of the victim of
904 the offense or ride on a school bus on which the victim or a
905 sibling of the victim is riding. The district school board shall
906 allow the student offender shall be permitted by the district
907 school board to attend another school within the district in
908 which the student offender resides, only if the other school is
909 not attended by the victim or sibling of the victim. Another
910 district school board may allow of the offense; or the student
911 offender may be permitted by another district school board to
912 attend a school in that district if the student offender is
913 unable to attend any school in the district in which the student
914 offender resides.
915 (c) If the student offender is unable to attend any other
916 school in the district in which the student offender resides and
917 is prohibited from attending a school in another school
918 district, the district school board in the school district in
919 which the student offender resides shall take every reasonable
920 precaution to keep the student offender separated from the
921 victim while on school grounds or on school transportation. The
922 steps to be taken by a district school board to keep the student
923 offender separated from the victim must include, but are not
924 limited to, in-school suspension of the student offender and the
925 scheduling of classes, lunch, or other school activities of the
926 victim and the student offender so as not to coincide.
927 (d) The student offender, or the parents of the student
928 offender if the student offender is a juvenile, shall arrange
929 and pay for transportation associated with or required by the
930 student’s offender’s attending another school or that would be
931 required as a consequence of the prohibition against riding on a
932 school bus on which the victim or a sibling of the victim is
933 riding. If the student is experiencing homelessness as described
934 in s. 1003.01(12) or belongs to a family whose income does not
935 exceed 150 percent of the federal poverty level, the school
936 district shall arrange and pay for the transportation. However,
937 The student offender or the parents of the student offender may
938 not be charged for existing modes of transportation which that
939 can be used by the student offender at no additional cost to the
940 district school board.
941 (8)(7) Any disciplinary or prosecutorial action taken
942 against a student who violates the a zero-tolerance policy on
943 referrals to the criminal justice system or the juvenile justice
944 system must be based on the particular circumstances of the
945 student’s misconduct.
946 (9)(8) A school district shall districts are encouraged to
947 use alternatives to expulsion or referral to a law enforcement
948 agency agencies unless the use of such alternatives will pose a
949 threat to school safety. By August 1 of each year, a school
950 district shall provide to the department all policies and
951 agreements adopted or implemented pursuant to this section.
952 (10) To assist a school district in developing policies
953 that ensure students are not arrested or otherwise referred to
954 the criminal justice system or the juvenile justice system for
955 petty acts of misconduct, the department shall, by March 1,
956 2018, in collaboration with students, educators, parents, and
957 stakeholders, develop and provide to each school district a
958 model policy.
959 (11) On or before January 1 of each year, the Commissioner
960 of Education shall report to the Governor, the President of the
961 Senate, and the Speaker of the House of Representatives on the
962 implementation of this section. The report must include data
963 regarding school-based arrests and referrals of students to law
964 enforcement agencies.
965 Section 5. Subsection (5) of section 1002.20, Florida
966 Statutes, is amended to read:
967 1002.20 K-12 student and parent rights.—Parents of public
968 school students must receive accurate and timely information
969 regarding their child’s academic progress and must be informed
970 of ways they can help their child to succeed in school. K-12
971 students and their parents are afforded numerous statutory
972 rights including, but not limited to, the following:
973 (5) SAFETY.—In accordance with the provisions of s.
974 1006.13(7) s. 1006.13(6), students who have been victims of
975 certain felony offenses by other students, as well as the
976 siblings of the student victims, have the right to be kept
977 separated from the student offender both at school and during
978 school transportation.
979 Section 6. Subsection (5) of section 1002.23, Florida
980 Statutes, is amended to read:
981 1002.23 Family and School Partnership for Student
982 Achievement Act.—
983 (5) Each school district shall develop and disseminate a
984 parent guide to successful student achievement, consistent with
985 the guidelines of the Department of Education, which addresses
986 what parents need to know about their child’s educational
987 progress and how parents can help their child to succeed in
988 school. The guide must:
989 (a) Be understandable to students and parents;
990 (b) Be distributed to all parents, students, and school
991 personnel at the beginning of each school year;
992 (c) Be discussed at the beginning of each school year in
993 meetings of students, parents, and teachers;
994 (d) Include information concerning services, opportunities,
995 choices, academic standards, and student assessment; and
996 (e) Provide information on the importance of student health
997 and available immunizations and vaccinations, including, but not
998 limited to:
999 1. A recommended immunization schedule in accordance with
1000 United States Centers for Disease Control and Prevention
1001 recommendations.
1002 2. Detailed information regarding the causes, symptoms, and
1003 transmission of meningococcal disease and the availability,
1004 effectiveness, known contraindications, and appropriate age for
1005 the administration of any required or recommended vaccine
1006 against meningococcal disease, in accordance with the
1007 recommendations of the Advisory Committee on Immunization
1008 Practices of the United States Centers for Disease Control and
1009 Prevention.
1010
1011 The parent guide described in this subsection may be included as
1012 a part of the standards for intervention under s. 1006.07 code
1013 of student conduct that is required in s. 1006.07(2).
1014 Section 7. Paragraph (a) of subsection (7) of section
1015 1002.33, Florida Statutes, is amended to read:
1016 1002.33 Charter schools.—
1017 (7) CHARTER.—The major issues involving the operation of a
1018 charter school shall be considered in advance and written into
1019 the charter. The charter shall be signed by the governing board
1020 of the charter school and the sponsor, following a public
1021 hearing to ensure community input.
1022 (a) The charter shall address and criteria for approval of
1023 the charter shall be based on:
1024 1. The school’s mission, the students to be served, and the
1025 ages and grades to be included.
1026 2. The focus of the curriculum, the instructional methods
1027 to be used, any distinctive instructional techniques to be
1028 employed, and identification and acquisition of appropriate
1029 technologies needed to improve educational and administrative
1030 performance which include a means for promoting safe, ethical,
1031 and appropriate uses of technology which comply with legal and
1032 professional standards.
1033 a. The charter shall ensure that reading is a primary focus
1034 of the curriculum and that resources are provided to identify
1035 and provide specialized instruction for students who are reading
1036 below grade level. The curriculum and instructional strategies
1037 for reading must be consistent with the Next Generation Sunshine
1038 State Standards and grounded in scientifically based reading
1039 research.
1040 b. In order to provide students with access to diverse
1041 instructional delivery models, to facilitate the integration of
1042 technology within traditional classroom instruction, and to
1043 provide students with the skills they need to compete in the
1044 21st century economy, the Legislature encourages instructional
1045 methods for blended learning courses consisting of both
1046 traditional classroom and online instructional techniques.
1047 Charter schools may implement blended learning courses which
1048 combine traditional classroom instruction and virtual
1049 instruction. Students in a blended learning course must be full
1050 time students of the charter school and receive the online
1051 instruction in a classroom setting at the charter school.
1052 Instructional personnel certified pursuant to s. 1012.55 who
1053 provide virtual instruction for blended learning courses may be
1054 employees of the charter school or may be under contract to
1055 provide instructional services to charter school students. At a
1056 minimum, such instructional personnel must hold an active state
1057 or school district adjunct certification under s. 1012.57 for
1058 the subject area of the blended learning course. The funding and
1059 performance accountability requirements for blended learning
1060 courses are the same as those for traditional courses.
1061 3. The current incoming baseline standard of student
1062 academic achievement, the outcomes to be achieved, and the
1063 method of measurement that will be used. The criteria listed in
1064 this subparagraph shall include a detailed description of:
1065 a. How the baseline student academic achievement levels and
1066 prior rates of academic progress will be established.
1067 b. How these baseline rates will be compared to rates of
1068 academic progress achieved by these same students while
1069 attending the charter school.
1070 c. To the extent possible, how these rates of progress will
1071 be evaluated and compared with rates of progress of other
1072 closely comparable student populations.
1073
1074 The district school board is required to provide academic
1075 student performance data to charter schools for each of their
1076 students coming from the district school system, as well as
1077 rates of academic progress of comparable student populations in
1078 the district school system.
1079 4. The methods used to identify the educational strengths
1080 and needs of students and how well educational goals and
1081 performance standards are met by students attending the charter
1082 school. The methods shall provide a means for the charter school
1083 to ensure accountability to its constituents by analyzing
1084 student performance data and by evaluating the effectiveness and
1085 efficiency of its major educational programs. Students in
1086 charter schools shall, at a minimum, participate in the
1087 statewide assessment program created under s. 1008.22.
1088 5. In secondary charter schools, a method for determining
1089 that a student has satisfied the requirements for graduation in
1090 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
1091 6. A method for resolving conflicts between the governing
1092 board of the charter school and the sponsor.
1093 7. The admissions procedures and dismissal procedures,
1094 including the school’s standards for intervention code of
1095 student conduct. Admission or dismissal must not be based on a
1096 student’s academic performance.
1097 8. The ways by which the school will achieve a
1098 racial/ethnic balance reflective of the community it serves or
1099 within the racial/ethnic range of other public schools in the
1100 same school district.
1101 9. The financial and administrative management of the
1102 school, including a reasonable demonstration of the professional
1103 experience or competence of those individuals or organizations
1104 applying to operate the charter school or those hired or
1105 retained to perform such professional services and the
1106 description of clearly delineated responsibilities and the
1107 policies and practices needed to effectively manage the charter
1108 school. A description of internal audit procedures and
1109 establishment of controls to ensure that financial resources are
1110 properly managed must be included. Both public sector and
1111 private sector professional experience shall be equally valid in
1112 such a consideration.
1113 10. The asset and liability projections required in the
1114 application which are incorporated into the charter and shall be
1115 compared with information provided in the annual report of the
1116 charter school.
1117 11. A description of procedures that identify various risks
1118 and provide for a comprehensive approach to reduce the impact of
1119 losses; plans to ensure the safety and security of students and
1120 staff; plans to identify, minimize, and protect others from
1121 violent or disruptive student behavior; and the manner in which
1122 the school will be insured, including whether or not the school
1123 will be required to have liability insurance, and, if so, the
1124 terms and conditions thereof and the amounts of coverage.
1125 12. The term of the charter which shall provide for
1126 cancellation of the charter if insufficient progress has been
1127 made in attaining the student achievement objectives of the
1128 charter and if it is not likely that such objectives can be
1129 achieved before expiration of the charter. The initial term of a
1130 charter shall be for 4 or 5 years. In order to facilitate access
1131 to long-term financial resources for charter school
1132 construction, charter schools that are operated by a
1133 municipality or other public entity as provided by law are
1134 eligible for up to a 15-year charter, subject to approval by the
1135 district school board. A charter lab school is eligible for a
1136 charter for a term of up to 15 years. In addition, to facilitate
1137 access to long-term financial resources for charter school
1138 construction, charter schools that are operated by a private,
1139 not-for-profit, s. 501(c)(3) status corporation are eligible for
1140 up to a 15-year charter, subject to approval by the district
1141 school board. Such long-term charters remain subject to annual
1142 review and may be terminated during the term of the charter, but
1143 only according to the provisions set forth in subsection (8).
1144 13. The facilities to be used and their location. The
1145 sponsor may not require a charter school to have a certificate
1146 of occupancy or a temporary certificate of occupancy for such a
1147 facility earlier than 15 calendar days before the first day of
1148 school.
1149 14. The qualifications to be required of the teachers and
1150 the potential strategies used to recruit, hire, train, and
1151 retain qualified staff to achieve best value.
1152 15. The governance structure of the school, including the
1153 status of the charter school as a public or private employer as
1154 required in paragraph (12)(i).
1155 16. A timetable for implementing the charter which
1156 addresses the implementation of each element thereof and the
1157 date by which the charter shall be awarded in order to meet this
1158 timetable.
1159 17. In the case of an existing public school that is being
1160 converted to charter status, alternative arrangements for
1161 current students who choose not to attend the charter school and
1162 for current teachers who choose not to teach in the charter
1163 school after conversion in accordance with the existing
1164 collective bargaining agreement or district school board rule in
1165 the absence of a collective bargaining agreement. However,
1166 alternative arrangements may shall not be required for current
1167 teachers who choose not to teach in a charter lab school, except
1168 as authorized by the employment policies of the state university
1169 which grants the charter to the lab school.
1170 18. Full disclosure of the identity of all relatives
1171 employed by the charter school who are related to the charter
1172 school owner, president, chairperson of the governing board of
1173 directors, superintendent, governing board member, principal,
1174 assistant principal, or any other person employed by the charter
1175 school who has equivalent decisionmaking authority. For the
1176 purpose of this subparagraph, the term “relative” means father,
1177 mother, son, daughter, brother, sister, uncle, aunt, first
1178 cousin, nephew, niece, husband, wife, father-in-law, mother-in
1179 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
1180 stepfather, stepmother, stepson, stepdaughter, stepbrother,
1181 stepsister, half brother, or half sister.
1182 19. Implementation of the activities authorized under s.
1183 1002.331 by the charter school when it satisfies the eligibility
1184 requirements for a high-performing charter school. A high
1185 performing charter school shall notify its sponsor in writing by
1186 March 1 if it intends to increase enrollment or expand grade
1187 levels the following school year. The written notice shall
1188 specify the amount of the enrollment increase and the grade
1189 levels that will be added, as applicable.
1190 Section 8. Subsection (1) of section 1003.02, Florida
1191 Statutes, is amended to read:
1192 1003.02 District school board operation and control of
1193 public K-12 education within the school district.—As provided in
1194 part II of chapter 1001, district school boards are
1195 constitutionally and statutorily charged with the operation and
1196 control of public K-12 education within their school district.
1197 The district school boards must establish, organize, and operate
1198 their public K-12 schools and educational programs, employees,
1199 and facilities. Their responsibilities include staff
1200 development, public K-12 school student education including
1201 education for exceptional students and students in juvenile
1202 justice programs, special programs, adult education programs,
1203 and career education programs. Additionally, district school
1204 boards must:
1205 (1) Provide for the proper accounting for all students of
1206 school age, for the attendance and discipline control of
1207 students at school, and for proper attention to health, safety,
1208 and other matters relating to the welfare of students in the
1209 following areas:
1210 (a) Admission, classification, promotion, and graduation of
1211 students.—Adopt rules for admitting, classifying, promoting, and
1212 graduating students to or from the various schools of the
1213 district.
1214 (b) Enforcement of attendance laws.—Provide for the
1215 enforcement of all laws and rules relating to the attendance of
1216 students at school. District school boards are authorized to
1217 establish policies that allow accumulated unexcused tardies,
1218 regardless of when they occur during the school day, and early
1219 departures from school to be recorded as unexcused absences.
1220 District school boards are also authorized to establish policies
1221 that require referral to a school’s child study team for
1222 students who have fewer absences than the number required by s.
1223 1003.26(1)(b).
1224 (c) Discipline Control of students.—
1225 1. Adopt rules for the control, attendance, discipline, in
1226 school suspension, suspension, and expulsion of students and
1227 decide all cases recommended for expulsion.
1228 2. Maintain standards for intervention a code of student
1229 conduct as provided in chapter 1006.
1230 (d) Courses of study and instructional materials.—
1231 1. Provide adequate instructional materials for all
1232 students as follows and in accordance with the requirements of
1233 chapter 1006, in the core courses of mathematics, language arts,
1234 social studies, science, reading, and literature, except for
1235 instruction for which the school advisory council approves the
1236 use of a program that does not include a textbook as a major
1237 tool of instruction.
1238 2. Adopt courses of study for use in the schools of the
1239 district.
1240 3. Provide for proper requisitioning, distribution,
1241 accounting, storage, care, and use of all instructional
1242 materials as may be needed, and ensure that instructional
1243 materials used in the district are consistent with the district
1244 goals and objectives and the course descriptions approved by the
1245 State Board of Education, as well as with the state and school
1246 district performance standards required by law and state board
1247 rule.
1248 (e) Transportation.—Make provision for the transportation
1249 of students to the public schools or school activities they are
1250 required or expected to attend, efficiently and economically, in
1251 accordance with the requirements of chapter 1006, which function
1252 may be accomplished, in whole or part, by means of an interlocal
1253 agreement under s. 163.01.
1254 (f) Facilities and school plant.—
1255 1. Approve and adopt a districtwide school facilities
1256 program, in accordance with the requirements of chapter 1013.
1257 2. Approve plans for locating, planning, constructing,
1258 sanitating, insuring, maintaining, protecting, and condemning
1259 school property as prescribed in chapter 1013.
1260 3. Approve and adopt a districtwide school building
1261 program.
1262 4. Select and purchase school sites, playgrounds, and
1263 recreational areas located at centers at which schools are to be
1264 constructed, of adequate size to meet the needs of projected
1265 students to be accommodated.
1266 5. Approve the proposed purchase of any site, playground,
1267 or recreational area for which school district funds are to be
1268 used.
1269 6. Expand existing sites.
1270 7. Rent buildings when necessary, which function may be
1271 accomplished, in whole or part, by means of an interlocal
1272 agreement under s. 163.01.
1273 8. Enter into leases or lease-purchase arrangements, in
1274 accordance with the requirements and conditions provided in s.
1275 1013.15(2).
1276 9. Provide for the proper supervision of construction.
1277 10. Make or contract for additions, alterations, and
1278 repairs on buildings and other school properties.
1279 11. Ensure that all plans and specifications for buildings
1280 provide adequately for the safety and well-being of students, as
1281 well as for economy of construction.
1282 12. Provide adequately for the proper maintenance and
1283 upkeep of school plants, which function may be accomplished, in
1284 whole or part, by means of an interlocal agreement under s.
1285 163.01.
1286 13. Carry insurance on every school building in all school
1287 plants including contents, boilers, and machinery, except
1288 buildings of three classrooms or less which are of frame
1289 construction and located in a tenth class public protection zone
1290 as defined by the Florida Inspection and Rating Bureau, and on
1291 all school buses and other property under the control of the
1292 district school board or title to which is vested in the
1293 district school board, except as exceptions may be authorized
1294 under rules of the State Board of Education.
1295 14. Condemn and prohibit the use for public school purposes
1296 of any building under the control of the district school board.
1297 (g) School operation.—
1298 1. Provide for the operation of all public schools as free
1299 schools for a term of 180 days or the equivalent on an hourly
1300 basis as specified by rules of the State Board of Education;
1301 determine district school funds necessary in addition to state
1302 funds to operate all schools for the minimum term; and arrange
1303 for the levying of district school taxes necessary to provide
1304 the amount needed from district sources.
1305 2. Prepare, adopt, and timely submit to the Department of
1306 Education, as required by law and by rules of the State Board of
1307 Education, the annual school budget, so as to promote the
1308 improvement of the district school system.
1309 (h) Records and reports.—
1310 1. Keep all necessary records and make all needed and
1311 required reports, as required by law or by rules of the State
1312 Board of Education.
1313 2. At regular intervals require reports to be made by
1314 principals or teachers in all public schools to the parents of
1315 the students enrolled and in attendance at their schools,
1316 apprising them of the academic and other progress being made by
1317 the student and giving other useful information.
1318 (i) Parental notification of acceleration options.—At the
1319 beginning of each school year, notify parents of students in or
1320 entering high school of the opportunity and benefits of advanced
1321 placement, International Baccalaureate, Advanced International
1322 Certificate of Education, dual enrollment, and Florida Virtual
1323 School courses and options for early graduation under s.
1324 1003.4281.
1325 (j) Return on investment.—Notify the parent of a student
1326 who earns an industry certification that articulates for
1327 postsecondary credit of the estimated cost savings to the parent
1328 before the student’s high school graduation versus the cost of
1329 acquiring such certification after high school graduation, which
1330 would include the tuition and fees associated with available
1331 postsecondary credits. Also, the student and the parent must be
1332 informed of any additional industry certifications available to
1333 the student.
1334 Section 9. Section 1003.32, Florida Statutes, is amended to
1335 read:
1336 1003.32 Authority of teacher; responsibility for discipline
1337 control of students; district school board and principal
1338 duties.—Subject to law and to the rules of the district school
1339 board, each teacher or other member of the staff of any school
1340 shall have such authority for the control and discipline of
1341 students as may be assigned to him or her by the principal or
1342 the principal’s designated representative and shall keep good
1343 order in the classroom and in other places in which he or she is
1344 assigned to be in charge of students.
1345 (1) In accordance with this section and within the
1346 framework of the district school board’s standards for
1347 intervention code of student conduct, teachers and other
1348 instructional personnel shall have the authority to undertake
1349 any of the following actions in managing student behavior and
1350 ensuring the safety of all students in their classes and school
1351 and their opportunity to learn in an orderly and disciplined
1352 classroom:
1353 (a) Establish classroom rules of conduct.
1354 (b) Establish and implement consequences, designed to
1355 change behavior, for infractions of classroom rules.
1356 (c) Have disobedient, disrespectful, violent, abusive,
1357 uncontrollable, or disruptive students removed from the
1358 classroom for behavior management intervention.
1359 (d) Have violent, abusive, uncontrollable, or disruptive
1360 students directed for information or assistance from appropriate
1361 school or district school board personnel.
1362 (e) Assist in enforcing school rules on school property,
1363 during school-sponsored transportation, and during school
1364 sponsored activities.
1365 (f) Request and receive information as to the disposition
1366 of any referrals to the administration for violation of
1367 classroom or school rules.
1368 (g) Request and receive immediate assistance in classroom
1369 management if a student becomes uncontrollable or in case of
1370 emergency.
1371 (h) Request and receive training and other assistance to
1372 improve skills in classroom management, violence prevention,
1373 conflict resolution, and related areas.
1374 (i) Press charges if there is a reason to believe that a
1375 crime has been committed on school property, during school
1376 sponsored transportation, or during school-sponsored activities.
1377 (j) Use reasonable force, according to standards adopted by
1378 the State Board of Education, to protect himself or herself or
1379 others from injury.
1380 (k) Use corporal punishment according to school board
1381 policy and at least the following procedures, if a teacher feels
1382 that corporal punishment is necessary:
1383 1. The use of corporal punishment shall be approved in
1384 principle by the principal before it is used, but approval is
1385 not necessary for each specific instance in which it is used.
1386 The principal shall prepare guidelines for administering such
1387 punishment which identify the types of punishable offenses, the
1388 conditions under which the punishment shall be administered, and
1389 the specific personnel on the school staff authorized to
1390 administer the punishment.
1391 2. A teacher or principal may administer corporal
1392 punishment only in the presence of another adult who is informed
1393 beforehand, and in the student’s presence, of the reason for the
1394 punishment.
1395 3. A teacher or principal who has administered punishment
1396 shall, upon request, provide the student’s parent with a written
1397 explanation of the reason for the punishment and the name of the
1398 other adult who was present.
1399 (2) Teachers and other instructional personnel shall:
1400 (a) Set and enforce reasonable classroom rules that treat
1401 all students equitably.
1402 (b) Seek professional development to improve classroom
1403 management skills when data show that they are not effective in
1404 handling minor classroom disruptions.
1405 (c) Maintain an orderly and disciplined classroom with a
1406 positive and effective learning environment that maximizes
1407 learning and minimizes disruption.
1408 (d) Work with parents and other school personnel to solve
1409 discipline problems in their classrooms.
1410 (3) A teacher may send a student to the principal’s office
1411 to maintain effective discipline in the classroom and may
1412 recommend an appropriate consequence consistent with the
1413 standards for intervention student code of conduct under s.
1414 1006.07. The principal shall respond by employing the teacher’s
1415 recommended consequence or a more serious disciplinary action if
1416 the student’s history of disruptive behavior warrants it. If the
1417 principal determines that a lesser disciplinary action is
1418 appropriate, the principal should consult with the teacher
1419 before prior to taking disciplinary action.
1420 (4) A teacher may remove from class a student whose
1421 behavior the teacher determines interferes with the teacher’s
1422 ability to communicate effectively with the students in the
1423 class or with the ability of the student’s classmates to learn.
1424 Each district school board, each district school superintendent,
1425 and each school principal shall support the authority of
1426 teachers to remove disobedient, violent, abusive,
1427 uncontrollable, or disruptive students from the classroom.
1428 (5) If a teacher removes a student from class under
1429 subsection (4), the principal may place the student in another
1430 appropriate classroom, in in-school suspension, or in a dropout
1431 prevention and academic intervention program as provided by s.
1432 1003.53; or the principal may recommend the student for out-of
1433 school suspension or expulsion, as appropriate. The student may
1434 be prohibited from attending or participating in school
1435 sponsored or school-related activities. The principal may not
1436 return the student to that teacher’s class without the teacher’s
1437 consent unless the committee established under subsection (6)
1438 determines that such placement is the best or only available
1439 alternative. The teacher and the placement review committee must
1440 render decisions within 5 days of the removal of the student
1441 from the classroom.
1442 (6)(a) Each school shall establish a placement review
1443 committee to determine placement of a student when a teacher
1444 withholds consent to the return of a student to the teacher’s
1445 class. A school principal must notify each teacher in that
1446 school about the availability, the procedures, and the criteria
1447 for the placement review committee as outlined in this section.
1448 (b) The principal must report on a quarterly basis to the
1449 district school superintendent and district school board each
1450 incidence of a teacher’s withholding consent for a removed
1451 student to return to the teacher’s class and the disposition of
1452 the incident, and the superintendent must annually report these
1453 data to the department.
1454 (c) The Commissioner of Education shall annually review
1455 each school district’s compliance with this section, and success
1456 in achieving orderly classrooms, and shall use all appropriate
1457 enforcement actions up to and including the withholding of
1458 disbursements from the Educational Enhancement Trust Fund until
1459 full compliance is verified.
1460 (d) Placement review committee membership must include at
1461 least the following:
1462 1. Two teachers, one selected by the school’s faculty and
1463 one selected by the teacher who has removed the student.
1464 2. One member from the school’s staff who is selected by
1465 the principal.
1466
1467 The teacher who withheld consent to readmitting the student may
1468 not serve on the committee. The teacher and the placement review
1469 committee must render decisions within 5 days after the removal
1470 of the student from the classroom. If the placement review
1471 committee’s decision is contrary to the decision of the teacher
1472 to withhold consent to the return of the removed student to the
1473 teacher’s class, the teacher may appeal the committee’s decision
1474 to the district school superintendent.
1475 (7) Any teacher who removes 25 percent of his or her total
1476 class enrollment shall be required to complete professional
1477 development to improve classroom management skills.
1478 (8) Each teacher or other member of the staff of any school
1479 who knows or has reason to suspect that any person has
1480 committed, or has made a credible threat to commit, a crime of
1481 violence on school property shall report such knowledge or
1482 suspicion in accordance with the provisions of s. 1006.13. Each
1483 district school superintendent and each school principal shall
1484 fully support good faith reporting in accordance with the
1485 provisions of this subsection and s. 1006.13. Any person who
1486 makes a report required by this subsection in good faith shall
1487 be immune from civil or criminal liability for making the
1488 report.
1489 (9) When knowledgeable of the likely risk of physical
1490 violence in the schools, the district school board shall take
1491 reasonable steps to ensure that teachers, other school staff,
1492 and students are not at undue risk of violence or harm.
1493 Section 10. Paragraphs (c) and (d) of subsection (1) of
1494 section 1003.53, Florida Statutes, are amended to read:
1495 1003.53 Dropout prevention and academic intervention.—
1496 (1)
1497 (c) A student shall be identified as being eligible to
1498 receive services funded through the dropout prevention and
1499 academic intervention program based upon one of the following
1500 criteria:
1501 1. The student is academically unsuccessful as evidenced by
1502 low test scores, retention, failing grades, low grade point
1503 average, falling behind in earning credits, or not meeting the
1504 state or district proficiency levels in reading, mathematics, or
1505 writing.
1506 2. The student has a pattern of excessive absenteeism or
1507 has been identified as a habitual truant.
1508 3. The student has a history of disruptive behavior in
1509 school or has committed an offense that warrants out-of-school
1510 suspension or expulsion from school according to the district
1511 school board’s standards for intervention code of student
1512 conduct. For the purposes of this program, “disruptive behavior”
1513 is behavior that:
1514 a. Interferes with the student’s own learning or the
1515 educational process of others and requires attention and
1516 assistance beyond that which the traditional program can provide
1517 or results in frequent conflicts of a disruptive nature while
1518 the student is under the jurisdiction of the school either in or
1519 out of the classroom; or
1520 b. Severely threatens the general welfare of students or
1521 others with whom the student comes into contact.
1522 4. The student is identified by a school’s early warning
1523 system pursuant to s. 1001.42(18)(b).
1524 (d)1. “Second chance schools” means district school board
1525 programs provided through cooperative agreements between the
1526 Department of Juvenile Justice, private providers, state or
1527 local law enforcement agencies, or other state agencies for
1528 students who have been disruptive or violent or who have
1529 committed serious offenses. As partnership programs, second
1530 chance schools are eligible for waivers by the Commissioner of
1531 Education from State Board of Education rules that prevent the
1532 provision of appropriate educational services to violent,
1533 severely disruptive, or delinquent students in small
1534 nontraditional settings or in court-adjudicated settings.
1535 2. District school boards seeking to enter into a
1536 partnership with a private entity or public entity to operate a
1537 second chance school for disruptive students may apply to the
1538 Department of Education for startup grants. These grants must be
1539 available for 1 year and must be used to offset the startup
1540 costs for implementing such programs off public school campuses.
1541 General operating funds must be generated through the
1542 appropriate programs of the Florida Education Finance Program.
1543 Grants approved under this program shall be for the full
1544 operation of the school by a private nonprofit or for-profit
1545 provider or the public entity. This program must operate under
1546 rules adopted by the State Board of Education and be implemented
1547 to the extent funded by the Legislature.
1548 3. A student enrolled in a sixth, seventh, eighth, ninth,
1549 or tenth grade class may be assigned to a second chance school
1550 if the student meets the following criteria:
1551 a. The student is a habitual truant as defined in s.
1552 1003.01.
1553 b. The student’s excessive absences have detrimentally
1554 affected the student’s academic progress and the student may
1555 have unique needs that a traditional school setting may not
1556 meet.
1557 c. The student’s high incidences of truancy have been
1558 directly linked to a lack of motivation.
1559 d. The student has been identified as at risk of dropping
1560 out of school.
1561 4. A student who is habitually truant may be assigned to a
1562 second chance school only if the case staffing committee,
1563 established pursuant to s. 984.12, determines that such
1564 placement could be beneficial to the student and the criteria
1565 included in subparagraph 3. are met.
1566 5. A student may be assigned to a second chance school if
1567 the district school board in which the student resides has a
1568 second chance school and if the student meets one of the
1569 following criteria:
1570 a. The student habitually exhibits disruptive behavior in
1571 violation of the standards for intervention code of student
1572 conduct adopted by the district school board.
1573 b. The student interferes with the student’s own learning
1574 or the educational process of others and requires attention and
1575 assistance beyond that which the traditional program can
1576 provide, or, while the student is under the jurisdiction of the
1577 school either in or out of the classroom, frequent conflicts of
1578 a disruptive nature occur.
1579 c. The student has committed a serious offense which
1580 warrants suspension or expulsion from school according to the
1581 district school board’s standards for intervention code of
1582 student conduct. For the purposes of this program, “serious
1583 offense” is behavior which:
1584 (I) Threatens the general welfare of students or others
1585 with whom the student comes into contact;
1586 (II) Includes violence;
1587 (III) Includes possession of weapons or drugs; or
1588 (IV) Is harassment or verbal abuse of school personnel or
1589 other students.
1590 6. Prior to assignment of students to second chance
1591 schools, district school boards are encouraged to use
1592 alternative programs, such as in-school suspension, which
1593 provide instruction and counseling leading to improved student
1594 behavior, a reduction in the incidence of truancy, and the
1595 development of more effective interpersonal skills.
1596 7. Students assigned to second chance schools must be
1597 evaluated by the district school board’s child study team before
1598 placement in a second chance school. The study team shall ensure
1599 that students are not eligible for placement in a program for
1600 emotionally disturbed children.
1601 8. Students who exhibit academic and social progress and
1602 who wish to return to a traditional school shall complete a
1603 character development and law education program and demonstrate
1604 preparedness to reenter the regular school setting prior to
1605 reentering a traditional school.
1606 Section 11. Paragraph (h) of subsection (1) of section
1607 1003.57, Florida Statutes, is amended to read:
1608 1003.57 Exceptional students instruction.—
1609 (1)
1610 (h) School personnel may consider any unique circumstances
1611 on a case-by-case basis when determining whether a change in
1612 placement is appropriate for a student who has a disability and
1613 violates a district school board’s standards for intervention
1614 code of student conduct. School personnel may remove and place
1615 such student in an interim alternative educational setting for
1616 not more than 45 school days, without regard to whether the
1617 behavior is determined to be a manifestation of the student’s
1618 disability, if the student:
1619 1. Carries a weapon to or possesses a weapon at school, on
1620 school premises, or at a school function under the jurisdiction
1621 of the school district;
1622 2. Knowingly possesses or uses illegal drugs, or sells or
1623 solicits the sale of a controlled substance, while at school, on
1624 school premises, or at a school function under the jurisdiction
1625 of the school district; or
1626 3. Has inflicted serious bodily injury upon another person
1627 while at school, on school premises, or at a school function
1628 under the jurisdiction of the school district.
1629 Section 12. Paragraph (c) of subsection (1) and subsection
1630 (4) of section 1006.09, Florida Statutes, are amended to read:
1631 1006.09 Duties of school principal relating to student
1632 discipline and school safety.—
1633 (1)
1634 (c) The principal or the principal’s designee may recommend
1635 to the district school superintendent the expulsion of any
1636 student who has committed a serious breach of conduct,
1637 including, but not limited to, willful disobedience, open
1638 defiance of authority of a member of his or her staff, violence
1639 against persons or property, or any other act which
1640 substantially disrupts the orderly conduct of the school. A
1641 recommendation of expulsion or assignment to a second chance
1642 school may also be made for any student found to have
1643 intentionally made false accusations that jeopardize the
1644 professional reputation, employment, or professional
1645 certification of a teacher or other member of the school staff,
1646 according to the district school board’s standards for
1647 intervention board code of student conduct. Any recommendation
1648 of expulsion must shall include a detailed report by the
1649 principal or the principal’s designated representative on the
1650 alternative measures taken prior to the recommendation of
1651 expulsion.
1652 (4) When a student has been the victim of a violent crime
1653 perpetrated by another student who attends the same school, the
1654 school principal shall make full and effective use of the
1655 provisions of subsection (2) and s. 1006.13(7) s. 1006.13(6). A
1656 school principal who fails to comply with this subsection is
1657 shall be ineligible for any portion of the performance pay or
1658 the differentiated pay under s. 1012.22. However, if any party
1659 responsible for notification fails to properly notify the
1660 school, the school principal is shall be eligible for the
1661 performance pay or differentiated pay.
1662 Section 13. Subsection (2) of section 1006.10, Florida
1663 Statutes, is amended to read:
1664 1006.10 Authority of school bus drivers and district school
1665 boards relating to student discipline and student safety on
1666 school buses.—
1667 (2) The district school board shall require a system of
1668 progressive discipline of transported students for actions that
1669 which are prohibited by the standards for intervention code of
1670 student conduct. Disciplinary actions, including suspension of
1671 students from riding on district school board owned or
1672 contracted school buses, shall be subject to district school
1673 board policies and procedures and may be imposed by the
1674 principal or the principal’s designee. The principal or the
1675 principal’s designee may delegate any disciplinary authority to
1676 school bus drivers except for suspension of students from riding
1677 the bus.
1678 Section 14. Paragraph (n) of subsection (4) of section
1679 1006.147, Florida Statutes, is amended to read:
1680 1006.147 Bullying and harassment prohibited.—
1681 (4) Each school district shall adopt and review at least
1682 every 3 years a policy prohibiting bullying and harassment of a
1683 student or employee of a public K-12 educational institution.
1684 Each school district’s policy shall be in substantial conformity
1685 with the Department of Education’s model policy. The school
1686 district bullying and harassment policy shall afford all
1687 students the same protection regardless of their status under
1688 the law. The school district may establish separate
1689 discrimination policies that include categories of students. The
1690 school district shall involve students, parents, teachers,
1691 administrators, school staff, school volunteers, community
1692 representatives, and local law enforcement agencies in the
1693 process of adopting and reviewing the policy. The school
1694 district policy must be implemented by each school principal in
1695 a manner that is ongoing throughout the school year and
1696 integrated with the school’s curriculum, bullying prevention and
1697 intervention program, discipline policies, and other violence
1698 prevention efforts. The school district policy must contain, at
1699 a minimum, the following components:
1700 (n) A procedure for publicizing the policy, which must
1701 include its publication in the standards for intervention code
1702 of student conduct required under s. 1006.07 s. 1006.07(2) and
1703 in all employee handbooks.
1704 Section 15. Paragraph (a) of subsection (3) of section
1705 1006.15, Florida Statutes, is amended to read:
1706 1006.15 Student standards for participation in
1707 interscholastic and intrascholastic extracurricular student
1708 activities; regulation.—
1709 (3)(a) As used in this section and s. 1006.20, the term
1710 “eligible to participate” includes, but is not limited to, a
1711 student participating in tryouts, off-season conditioning,
1712 summer workouts, preseason conditioning, in-season practice, or
1713 contests. The term does not mean that a student must be placed
1714 on any specific team for interscholastic or intrascholastic
1715 extracurricular activities. To be eligible to participate in
1716 interscholastic extracurricular student activities, a student
1717 must:
1718 1. Maintain a grade point average of 2.0 or above on a 4.0
1719 scale, or its equivalent, in the previous semester or a
1720 cumulative grade point average of 2.0 or above on a 4.0 scale,
1721 or its equivalent, in the courses required by s. 1002.3105(5) or
1722 s. 1003.4282.
1723 2. Execute and fulfill the requirements of an academic
1724 performance contract between the student, the district school
1725 board, the appropriate governing association, and the student’s
1726 parents, if the student’s cumulative grade point average falls
1727 below 2.0, or its equivalent, on a 4.0 scale in the courses
1728 required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
1729 contract must require that the student attend summer school, or
1730 its graded equivalent, between grades 9 and 10 or grades 10 and
1731 11, as necessary.
1732 3. Have a cumulative grade point average of 2.0 or above on
1733 a 4.0 scale, or its equivalent, in the courses required by s.
1734 1002.3105(5) or s. 1003.4282 during his or her junior or senior
1735 year.
1736 4. Maintain satisfactory conduct, including adherence to
1737 the school’s appropriate dress code and other standards for
1738 intervention under s. 1006.07 codes of student conduct policies
1739 described in s. 1006.07(2). If a student is convicted of, or is
1740 found to have committed, a felony or a delinquent act that would
1741 have been a felony if committed by an adult, regardless of
1742 whether adjudication is withheld, the student’s participation in
1743 interscholastic extracurricular activities is contingent upon
1744 established and published district school board policy.
1745 Section 16. Paragraphs (a) and (b) of subsection (1) of
1746 section 1006.195, Florida Statutes, are amended to read:
1747 1006.195 District school board, charter school authority
1748 and responsibility to establish student eligibility regarding
1749 participation in interscholastic and intrascholastic
1750 extracurricular activities.—Notwithstanding any provision to the
1751 contrary in ss. 1006.15, 1006.18, and 1006.20, regarding student
1752 eligibility to participate in interscholastic and
1753 intrascholastic extracurricular activities:
1754 (1)(a) A district school board must establish, through its
1755 standards for intervention code of student conduct, student
1756 eligibility standards and related student disciplinary actions
1757 regarding student participation in interscholastic and
1758 intrascholastic extracurricular activities. The standards for
1759 intervention code of student conduct must provide that:
1760 1. A student not currently suspended from interscholastic
1761 or intrascholastic extracurricular activities, or suspended or
1762 expelled from school, pursuant to a district school board’s
1763 suspension or expulsion powers provided in law, including ss.
1764 1006.07, 1006.08, and 1006.09, is eligible to participate in
1765 interscholastic and intrascholastic extracurricular activities.
1766 2. A student may not participate in a sport if the student
1767 participated in that same sport at another school during that
1768 school year, unless the student meets the criteria in s.
1769 1006.15(3)(h).
1770 3. A student’s eligibility to participate in any
1771 interscholastic or intrascholastic extracurricular activity may
1772 not be affected by any alleged recruiting violation until final
1773 disposition of the allegation pursuant to s. 1006.20(2)(b).
1774 (b) Students who participate in interscholastic and
1775 intrascholastic extracurricular activities for, but are not
1776 enrolled in, a public school pursuant to s. 1006.15(3)(c)-(e)
1777 and (8), are subject to the district school board’s standards
1778 for intervention code of student conduct for the limited purpose
1779 of establishing and maintaining the student’s eligibility to
1780 participate at the school.
1781 Section 17. Paragraph (b) of subsection (5) of section
1782 1007.271, Florida Statutes, is amended to read:
1783 1007.271 Dual enrollment programs.—
1784 (5)
1785 (b) Each president, or designee, of a postsecondary
1786 institution offering a college credit dual enrollment course
1787 must:
1788 1. Provide a copy of the institution’s current faculty or
1789 adjunct faculty handbook to all faculty members teaching a dual
1790 enrollment course.
1791 2. Provide to all faculty members teaching a dual
1792 enrollment course a copy of the institution’s current student
1793 handbook, which may include, but is not limited to, information
1794 on registration policies, the standards for intervention student
1795 code of conduct, grading policies, and critical dates.
1796 3. Designate an individual or individuals to observe all
1797 faculty members teaching a dual enrollment course, regardless of
1798 the location of instruction.
1799 4. Use the same criteria to evaluate faculty members
1800 teaching a dual enrollment course as the criteria used to
1801 evaluate all other faculty members.
1802 5. Provide course plans and objectives to all faculty
1803 members teaching a dual enrollment course.
1804 Section 18. Paragraph (b) of subsection (4) of section
1805 1012.98, Florida Statutes, is amended to read:
1806 1012.98 School Community Professional Development Act.—
1807 (4) The Department of Education, school districts, schools,
1808 Florida College System institutions, and state universities
1809 share the responsibilities described in this section. These
1810 responsibilities include the following:
1811 (b) Each school district shall develop a professional
1812 development system as specified in subsection (3). The system
1813 shall be developed in consultation with teachers, teacher
1814 educators of Florida College System institutions and state
1815 universities, business and community representatives, and local
1816 education foundations, consortia, and professional
1817 organizations. The professional development system must:
1818 1. Be approved by the department. All substantial revisions
1819 to the system shall be submitted to the department for review
1820 for continued approval.
1821 2. Be based on analyses of student achievement data and
1822 instructional strategies and methods that support rigorous,
1823 relevant, and challenging curricula for all students. Schools
1824 and districts, in developing and refining the professional
1825 development system, shall also review and monitor school
1826 discipline data; school environment surveys; assessments of
1827 parental satisfaction; performance appraisal data of teachers,
1828 managers, and administrative personnel; and other performance
1829 indicators to identify school and student needs that can be met
1830 by improved professional performance.
1831 3. Provide inservice activities coupled with followup
1832 support appropriate to accomplish district-level and school
1833 level improvement goals and standards. The inservice activities
1834 for instructional personnel shall focus on analysis of student
1835 achievement data, ongoing formal and informal assessments of
1836 student achievement, identification and use of enhanced and
1837 differentiated instructional strategies that emphasize rigor,
1838 relevance, and reading in the content areas, enhancement of
1839 subject content expertise, integrated use of classroom
1840 technology that enhances teaching and learning, classroom
1841 management, parent involvement, and school safety.
1842 4. Include a master plan for inservice activities, pursuant
1843 to rules of the State Board of Education, for all district
1844 employees from all fund sources. The master plan shall be
1845 updated annually by September 1, must be based on input from
1846 teachers and district and school instructional leaders, and must
1847 use the latest available student achievement data and research
1848 to enhance rigor and relevance in the classroom. Each district
1849 inservice plan must be aligned to and support the school-based
1850 inservice plans and school improvement plans pursuant to s.
1851 1001.42(18). Each district inservice plan must provide a
1852 description of the training that middle grades instructional
1853 personnel and school administrators receive on the district’s
1854 standards for intervention code of student conduct adopted
1855 pursuant to s. 1006.07; integrated digital instruction and
1856 competency-based instruction and CAPE Digital Tool certificates
1857 and CAPE industry certifications; classroom management; student
1858 behavior and interaction; extended learning opportunities for
1859 students; and instructional leadership. District plans must be
1860 approved by the district school board annually in order to
1861 ensure compliance with subsection (1) and to allow for
1862 dissemination of research-based best practices to other
1863 districts. District school boards must submit verification of
1864 their approval to the Commissioner of Education no later than
1865 October 1, annually. Each school principal may establish and
1866 maintain an individual professional development plan for each
1867 instructional employee assigned to the school as a seamless
1868 component to the school improvement plans developed pursuant to
1869 s. 1001.42(18). An individual professional development plan must
1870 be related to specific performance data for the students to whom
1871 the teacher is assigned, define the inservice objectives and
1872 specific measurable improvements expected in student performance
1873 as a result of the inservice activity, and include an evaluation
1874 component that determines the effectiveness of the professional
1875 development plan.
1876 5. Include inservice activities for school administrative
1877 personnel that address updated skills necessary for
1878 instructional leadership and effective school management
1879 pursuant to s. 1012.986.
1880 6. Provide for systematic consultation with regional and
1881 state personnel designated to provide technical assistance and
1882 evaluation of local professional development programs.
1883 7. Provide for delivery of professional development by
1884 distance learning and other technology-based delivery systems to
1885 reach more educators at lower costs.
1886 8. Provide for the continuous evaluation of the quality and
1887 effectiveness of professional development programs in order to
1888 eliminate ineffective programs and strategies and to expand
1889 effective ones. Evaluations must consider the impact of such
1890 activities on the performance of participating educators and
1891 their students’ achievement and behavior.
1892 9. For middle grades, emphasize:
1893 a. Interdisciplinary planning, collaboration, and
1894 instruction.
1895 b. Alignment of curriculum and instructional materials to
1896 the state academic standards adopted pursuant to s. 1003.41.
1897 c. Use of small learning communities; problem-solving,
1898 inquiry-driven research and analytical approaches for students;
1899 strategies and tools based on student needs; competency-based
1900 instruction; integrated digital instruction; and project-based
1901 instruction.
1902
1903 Each school that includes any of grades 6, 7, or 8 must include
1904 in its school improvement plan, required under s. 1001.42(18), a
1905 description of the specific strategies used by the school to
1906 implement each item listed in this subparagraph.
1907 Section 19. This act shall take effect July 1, 2017.