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