Florida Senate - 2018 SB 1626
By Senator Powell
30-01508-18 20181626__
1 A bill to be entitled
2 An act relating to student discipline; creating s.
3 1006.01, F.S.; defining terms; amending s. 1006.07,
4 F.S.; revising the duties of the district school
5 boards relating to student discipline and school
6 safety; requiring school districts to adopt standards
7 for intervention, rather than a code of student
8 conduct, which standards include specified
9 requirements; requiring a school district to ensure
10 the meaningful involvement of certain individuals and
11 the community in creating and applying certain
12 policies; requiring each 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 1007.271, and 1012.98, F.S.; conforming cross
75 references and provisions to changes made by the act;
76 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 are a result of
109 unjust behavior; which emphasizes repair of the harm; and which
110 gives equal attention to accountability, growth, community
111 safety, the harmed student’s needs, and the student offender’s
112 needs.
113 Section 2. Section 1006.07, Florida Statutes, is amended to
114 read:
115 1006.07 District school board duties relating to student
116 discipline and school safety.—The district school board shall
117 provide for the proper accounting for all students;, for the
118 attendance and control of students at school; for the creation
119 of a safe and effective learning environment, regardless of the
120 student’s race, ethnicity, religion, disability, sexual
121 orientation, or gender identity;, and for the proper attention
122 to health, safety, and other matters relating to the welfare of
123 students, including the use of:
124 (1) INTERVENTIONS FOR AND DISCIPLINE CONTROL OF STUDENTS.
125 Each school district shall:
126 (a) Adopt rules for the control, discipline, in-school
127 suspension, suspension, and expulsion of students and decide all
128 cases recommended for expulsion. Suspension hearings are exempt
129 exempted from the provisions of chapter 120. Expulsion hearings
130 are shall be governed by ss. 120.569 and 120.57(2) and are
131 exempt from s. 286.011. However, the student’s parent must be
132 given notice of the provisions of s. 286.011 and may elect to
133 have the hearing held in compliance with that section. The
134 district school board may prohibit the use of corporal
135 punishment, if the district school board adopts or has adopted a
136 written program of alternative control or discipline. In order
137 to fulfill the paramount duty of this state to make adequate
138 provisions for the education of all children residing within its
139 borders in accordance with s. 1, Art. IX of the State
140 Constitution, the district school board shall make every effort
141 to reduce exclusionary discipline for minor misbehavior.
142 (b) Require each student at the time of initial
143 registration for school in the school district to note previous
144 school expulsions, arrests resulting in a charge, and juvenile
145 justice actions the student has had, and have the authority as
146 the district school board of a receiving school district to
147 honor the final order of expulsion or dismissal of a student by
148 any in-state or out-of-state public district school board or
149 private school, or lab school, for an act that which would have
150 been grounds for expulsion according to the receiving district
151 school board’s standards for intervention code of student
152 conduct, in accordance with the following procedures:
153 1. A final order of expulsion shall be recorded in the
154 records of the receiving school district.
155 2. The expelled student applying for admission to the
156 receiving school district shall be advised of the final order of
157 expulsion.
158 3. The district school superintendent of the receiving
159 school district may recommend to the district school board that
160 the final order of expulsion be waived and the student be
161 admitted to the school district, or that the final order of
162 expulsion be honored and the student not be admitted to the
163 school district. If the student is admitted by the district
164 school board, with or without the recommendation of the district
165 school superintendent, the student may be placed in an
166 appropriate educational program at the direction of the district
167 school board.
168 (2) STANDARDS FOR INTERVENTION CODE OF STUDENT CONDUCT.
169 Each school district shall adopt clear standards for
170 intervention, formerly known as a code of student conduct, which
171 create a safe, supportive, and positive school climate and
172 address misbehavior with interventions and consequences aimed at
173 understanding and addressing the causes of misbehavior,
174 resolving conflicts, meeting students’ needs, keeping students
175 in school, and teaching them to respond in age-appropriate ways
176 a code of student conduct for elementary schools and a code of
177 student conduct for middle and high schools and distribute the
178 appropriate code to all teachers, school personnel, students,
179 and parents, at the beginning of every school year. The process
180 for adopting standards for intervention must include meaningful
181 involvement among parents, students, teachers, and the
182 community. The standards for intervention must be organized and
183 written in language that is understandable to students and
184 parents and translated into all languages represented by the
185 students and their parents; discussed at the beginning of every
186 school year in student classes, school advisory council
187 meetings, and parent and teacher association or organization
188 meetings; made available at the beginning of every school year
189 in the student handbook or similar publication distributed to
190 all teachers, school personnel, students, and parents; and
191 posted on the school district’s website. The standards for
192 intervention must Each code shall be organized and written in
193 language that is understandable to students and parents and
194 shall be discussed at the beginning of every school year in
195 student classes, school advisory council meetings, and parent
196 and teacher association or organization meetings. Each code
197 shall be based on the rules governing student conduct and
198 discipline adopted by the district school board and shall be
199 made available in the student handbook or similar publication.
200 Each code shall include, but need is not be limited to, the
201 following:
202 (a) Consistent policies and specific grounds for
203 disciplinary action, including in-school suspension, out-of
204 school suspension, expulsion, intervention, support, and any
205 disciplinary action that may be imposed for the possession or
206 use of alcohol on school property or while attending a school
207 function or for the illegal use, sale, or possession of
208 controlled substances as defined in chapter 893.
209 (b) Procedures to be followed for acts requiring
210 discipline, including corporal punishment.
211 (c) A discipline chart or matrix indicating that a student
212 is not subject to exclusionary discipline for unexcused
213 tardiness, lateness, absence, or truancy; for violation of the
214 school dress code or rules regarding school uniforms; or for
215 behavior infractions that do not endanger the physical safety of
216 other students or staff members, including, but not limited to,
217 insubordination, defiance, disobedience, disrespect, or minor
218 classroom disruptions. The discipline chart or matrix must also:
219 1. Provide guidance on appropriate interventions and
220 consequences to be applied to behaviors or behavior categories
221 as provided in subparagraph 2. The school district may define
222 specific interventions and provide a list of interventions that
223 must be used and documented before exclusionary discipline is
224 considered unless a behavior poses a serious threat to school
225 safety. The interventions may include, but need not be limited
226 to:
227 a. Having a private conversation with the student about his
228 or her behavior and underlying issues that may have precipitated
229 the behavior.
230 b. Providing an opportunity for the student’s anger, fear,
231 or anxiety to subside.
232 c. Providing restorative justice practices using a
233 schoolwide approach of informal and formal techniques to foster
234 a sense of school community and to manage conflict by repairing
235 harm and restoring positive relationships.
236 d. Providing reflective activities, such as requiring the
237 student to write an essay about his or her behavior.
238 e. Participating in skill building and conflict resolution
239 activities, such as social-emotional cognitive skill building,
240 restorative circles, and restorative group conferencing.
241 f. Revoking student privileges.
242 g. Referring the student to a school counselor or social
243 worker.
244 h. Speaking to the student’s parent.
245 i. Referring the student to intervention outside the school
246 setting.
247 j. Ordering in-school detention or in-school suspension
248 during lunch, after school, or on weekends.
249 2. Outline specific behaviors or behavior categories. Each
250 behavior or behavior category must include clear maximum
251 consequences to prevent inappropriate exclusionary consequences
252 for minor misbehavior and petty acts of misconduct and set clear
253 requirements that must be satisfied before the school imposes
254 exclusionary discipline. The chart or matrix must show that
255 exclusionary discipline is a last resort to be used only in
256 cases of serious misconduct when in-school interventions and
257 consequences that do not lead to exclusionary consequences are
258 insufficient. The following behaviors, which must be accompanied
259 by such appropriate intervention services as substance abuse
260 counseling, anger management counseling, or restorative justice
261 practices, may result in exclusionary discipline and in
262 notification of a law enforcement agency if the behavior is a
263 felony or a serious threat to school safety:
264 a. Illegal sale of a controlled substance, as defined in
265 chapter 893, by a student on school property or in attendance at
266 a school function.
267 b. Violation of the district school board’s sexual
268 harassment policy.
269 c. Possession, display, transmission, use, or sale of a
270 firearm or weapon, as defined in s. 790.001 or 18 U.S.C. s. 921,
271 or an object that is used as, or is intended to function as, a
272 weapon, while on school property or in attendance at a school
273 function.
274 d. Making a threat or intimidation using any pointed or
275 sharp object or the use of any substance or object as a weapon
276 with the threat or intent to inflict bodily harm.
277 e. Making a threat or a false report, as provided in ss.
278 790.162 and 790.163, respectively.
279 f. Homicide.
280 g. Sexual battery.
281 h. Armed robbery.
282 i. Aggravated battery.
283 j. Battery or aggravated battery on a teacher, other school
284 personnel, or district school board personnel.
285 k. Kidnapping.
286 l. Arson.
287 (d) A glossary of clearly defined terms and behaviors.
288 (e) An explanation of the responsibilities, dignity, and
289 rights of and respect for students, including, but not limited
290 to, a student’s right not to be discriminated against based on
291 race, ethnicity, religion, disability, sexual orientation, or
292 gender identity; a student’s right to participate in student
293 publications, school programs, and school activities; and a
294 student’s right to exercise free speech, to assemble, and to
295 maintain privacy.
296 (f) An explanation of the school’s dress code or rules
297 regarding school uniforms and notice that students have the
298 right to dress in accordance with their stated gender within the
299 constraints of the school’s dress code.
300 (g) Notice that violation of transportation policies of a
301 district school board by a student, including disruptive
302 behavior on a school bus or at a school bus stop, is grounds for
303 disciplinary action by the school.
304 (h) Notice that a student who is determined to have brought
305 a firearm or weapon, as defined in s. 790.001 or 18 U.S.C. s.
306 921, to school, to a school function, or onto school-sponsored
307 transportation, or to have possessed a firearm or weapon at
308 school, will be expelled from the student’s regular school for
309 at least 1 full year and referred to the criminal justice system
310 or juvenile justice system. A district school superintendent may
311 consider the requirement of 1-year expulsion on a case-by-case
312 basis and may request the district school board to modify the
313 requirement by assigning the student to a disciplinary program
314 or second chance school if:
315 1. The request for modification is in writing; and
316 2. The modification is determined to be in the best
317 interest of the student and the school district.
318 (i) Notice that a student who is determined to have made a
319 threat or false report, as provided in ss. 790.162 and 790.163,
320 respectively, involving the school’s or school personnel’s
321 property, school transportation, or a school-sponsored activity
322 may be expelled from the student’s regular school for at least 1
323 full year, with continuing educational services, and referred to
324 the criminal justice system or juvenile justice system. A
325 district school superintendent may consider the requirement of a
326 1-year expulsion on a case-by-case basis and may request the
327 district school board to modify the requirement by assigning the
328 student to a disciplinary program or second chance school if:
329 1. The request for modification is in writing; and
330 2. The modification is determined to be in the best
331 interest of the student and the school district.
332 (j) A clear and complete explanation of due process rights
333 afforded to a student, including a student with a disability,
334 and the types of exclusionary discipline to which a student may
335 be subjected.
336 (c) An explanation of the responsibilities and rights of
337 students with regard to attendance, respect for persons and
338 property, knowledge and observation of rules of conduct, the
339 right to learn, free speech and student publications, assembly,
340 privacy, and participation in school programs and activities.
341 (d)1. An explanation of the responsibilities of each
342 student with regard to appropriate dress, respect for self and
343 others, and the role that appropriate dress and respect for self
344 and others has on an orderly learning environment. Each district
345 school board shall adopt a dress code policy that prohibits a
346 student, while on the grounds of a public school during the
347 regular school day, from wearing clothing that exposes underwear
348 or body parts in an indecent or vulgar manner or that disrupts
349 the orderly learning environment.
350 2. Any student who violates the dress policy described in
351 subparagraph 1. is subject to the following disciplinary
352 actions:
353 a. For a first offense, a student shall be given a verbal
354 warning and the school principal shall call the student’s parent
355 or guardian.
356 b. For a second offense, the student is ineligible to
357 participate in any extracurricular activity for a period of time
358 not to exceed 5 days and the school principal shall meet with
359 the student’s parent or guardian.
360 c. For a third or subsequent offense, a student shall
361 receive an in-school suspension pursuant to s. 1003.01(5) for a
362 period not to exceed 3 days, the student is ineligible to
363 participate in any extracurricular activity for a period not to
364 exceed 30 days, and the school principal shall call the
365 student’s parent or guardian and send the parent or guardian a
366 written letter regarding the student’s in-school suspension and
367 ineligibility to participate in extracurricular activities.
368 (e) Notice that illegal use, possession, or sale of
369 controlled substances, as defined in chapter 893, by any student
370 while the student is upon school property or in attendance at a
371 school function is grounds for disciplinary action by the school
372 and may also result in criminal penalties being imposed.
373 (f) Notice that use of a wireless communications device
374 includes the possibility of the imposition of disciplinary
375 action by the school or criminal penalties if the device is used
376 in a criminal act. A student may possess a wireless
377 communications device while the student is on school property or
378 in attendance at a school function. Each district school board
379 shall adopt rules governing the use of a wireless communications
380 device by a student while the student is on school property or
381 in attendance at a school function.
382 (g) Notice that the possession of a firearm or weapon as
383 defined in chapter 790 by any student while the student is on
384 school property or in attendance at a school function is grounds
385 for disciplinary action and may also result in criminal
386 prosecution. Simulating a firearm or weapon while playing or
387 wearing clothing or accessories that depict a firearm or weapon
388 or express an opinion regarding a right guaranteed by the Second
389 Amendment to the United States Constitution is not grounds for
390 disciplinary action or referral to the criminal justice or
391 juvenile justice system under this section or s. 1006.13.
392 Simulating a firearm or weapon while playing includes, but is
393 not limited to:
394 1. Brandishing a partially consumed pastry or other food
395 item to simulate a firearm or weapon.
396 2. Possessing a toy firearm or weapon that is 2 inches or
397 less in overall length.
398 3. Possessing a toy firearm or weapon made of plastic snap
399 together building blocks.
400 4. Using a finger or hand to simulate a firearm or weapon.
401 5. Vocalizing an imaginary firearm or weapon.
402 6. Drawing a picture, or possessing an image, of a firearm
403 or weapon.
404 7. Using a pencil, pen, or other writing or drawing utensil
405 to simulate a firearm or weapon.
406
407 However, a student may be subject to disciplinary action if
408 simulating a firearm or weapon while playing substantially
409 disrupts student learning, causes bodily harm to another person,
410 or places another person in reasonable fear of bodily harm. The
411 severity of consequences imposed upon a student, including
412 referral to the criminal justice or juvenile justice system,
413 must be proportionate to the severity of the infraction and
414 consistent with district school board policies for similar
415 infractions. If a student is disciplined for such conduct, the
416 school principal or his or her designee must call the student’s
417 parent. Disciplinary action resulting from a student’s clothing
418 or accessories shall be determined pursuant to paragraph (d)
419 unless the wearing of the clothing or accessory causes a
420 substantial disruption to student learning, in which case the
421 infraction may be addressed in a manner that is consistent with
422 district school board policies for similar infractions. This
423 paragraph does not prohibit a public school from adopting a
424 school uniform policy.
425 (h) Notice that violence against any district school board
426 personnel by a student is grounds for in-school suspension, out
427 of-school suspension, expulsion, or imposition of other
428 disciplinary action by the school and may also result in
429 criminal penalties being imposed.
430 (i) Notice that violation of district school board
431 transportation policies, including disruptive behavior on a
432 school bus or at a school bus stop, by a student is grounds for
433 suspension of the student’s privilege of riding on a school bus
434 and may be grounds for disciplinary action by the school and may
435 also result in criminal penalties being imposed.
436 (j) Notice that violation of the district school board’s
437 sexual harassment policy by a student is grounds for in-school
438 suspension, out-of-school suspension, expulsion, or imposition
439 of other disciplinary action by the school and may also result
440 in criminal penalties being imposed.
441 (k) Policies to be followed for the assignment of violent
442 or disruptive students to an alternative educational program.
443 (l) Notice that any student who is determined to have
444 brought a firearm or weapon, as defined in chapter 790, to
445 school, to any school function, or onto any school-sponsored
446 transportation, or to have possessed a firearm at school, will
447 be expelled, with or without continuing educational services,
448 from the student’s regular school for a period of not less than
449 1 full year and referred to the criminal justice or juvenile
450 justice system. District school boards may assign the student to
451 a disciplinary program or second chance school for the purpose
452 of continuing educational services during the period of
453 expulsion. District school superintendents may consider the 1
454 year expulsion requirement on a case-by-case basis and request
455 the district school board to modify the requirement by assigning
456 the student to a disciplinary program or second chance school if
457 the request for modification is in writing and it is determined
458 to be in the best interest of the student and the school system.
459 (m) Notice that any student who is determined to have made
460 a threat or false report, as defined by ss. 790.162 and 790.163,
461 respectively, involving school or school personnel’s property,
462 school transportation, or a school-sponsored activity will be
463 expelled, with or without continuing educational services, from
464 the student’s regular school for a period of not less than 1
465 full year and referred for criminal prosecution. District school
466 boards may assign the student to a disciplinary program or
467 second chance school for the purpose of continuing educational
468 services during the period of expulsion. District school
469 superintendents may consider the 1-year expulsion requirement on
470 a case-by-case basis and request the district school board to
471 modify the requirement by assigning the student to a
472 disciplinary program or second chance school if it is determined
473 to be in the best interest of the student and the school system.
474 (3) COMMUNITY INVOLVEMENT IN POLICY CREATION STUDENT CRIME
475 WATCH PROGRAM.—Each school district shall ensure the meaningful
476 involvement of parents, students, teachers, and the community in
477 creating and applying policies regarding student discipline and
478 school safety By resolution of the district school board,
479 implement a student crime watch program to promote
480 responsibility among students and to assist in the control of
481 criminal behavior within the schools.
482 (4) EMERGENCY DRILLS AND; EMERGENCY PROCEDURES.—Each school
483 district shall:
484 (a) Formulate and prescribe policies and procedures for
485 emergency drills and for actual emergencies, including, but not
486 limited to, fires, natural disasters, and bomb threats, for all
487 the public schools of the district which comprise grades K-12.
488 District school board policies must shall include commonly used
489 alarm system responses for specific types of emergencies and
490 verification by each school that drills have been provided as
491 required by law and fire protection codes. The emergency
492 response agency that is responsible for notifying the school
493 district for each type of emergency must be listed in the
494 district’s emergency response policy.
495 (b) Establish model emergency management and emergency
496 preparedness procedures, including emergency notification
497 procedures pursuant to paragraph (a), for the following life
498 threatening emergencies:
499 1. Weapon-use and hostage situations.
500 2. Hazardous materials or toxic chemical spills.
501 3. Weather emergencies, including hurricanes, tornadoes,
502 and severe storms.
503 4. Exposure as a result of a manmade emergency.
504 (5) EDUCATIONAL SERVICES IN DETENTION FACILITIES.—Each
505 school district shall offer educational services to minors who
506 have not graduated from high school and eligible students with
507 disabilities under the age of 22 who have not graduated with a
508 standard diploma or its equivalent who are detained in a county
509 or municipal detention facility as defined in s. 951.23. These
510 educational services must shall be based upon the estimated
511 length of time the student will be in the facility and the
512 student’s current level of functioning. A county sheriff or
513 chief correctional officer, or his or her designee, shall notify
514 the district school superintendent, superintendents or his or
515 her designee, when their designees shall be notified by the
516 county sheriff or chief correctional officer, or his or her
517 designee, upon the assignment of a student under the age of 21
518 is assigned to the facility. A cooperative agreement with the
519 district school board and applicable law enforcement units shall
520 develop a cooperative agreement be developed to address the
521 notification requirement and the provision of educational
522 services to such these students.
523 (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
524 district shall use the Safety and Security Best Practices
525 developed by the Office of Program Policy Analysis and
526 Government Accountability to conduct a self-assessment of the
527 school districts’ current safety and security practices. Based
528 on these self-assessment findings, the district school
529 superintendent shall provide recommendations to the district
530 school board which identify strategies and activities that the
531 district school board should implement in order to improve
532 school safety and security. Annually Each district school board
533 must annually receive the self-assessment results at a publicly
534 noticed district school board meeting to provide the public an
535 opportunity to hear the district school board members discuss
536 and take action on the report findings. Each district school
537 superintendent shall report the self-assessment results and
538 school board action to the commissioner within 30 days after the
539 district school board meeting.
540 (7) RESTORATIVE JUSTICE PRACTICES.—Each school district
541 shall provide funding for, train school staff members on, and
542 support the implementation of school-based restorative justice
543 practices. Schools shall use these practices to foster a sense
544 of school community and to resolve conflict by encouraging the
545 reporting of harm and by restoring positive relationships. These
546 practices should be used for students and educators to work
547 together to set academic goals, develop core values for the
548 classroom, and resolve conflicts. Restorative justice practices,
549 such as restorative circles, may be used to promote a positive
550 learning environment and to confront issues as they arise. Some
551 common restorative circles that schools use for discipline may
552 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 2019, 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 terms and conditions for the operation of
1018 a charter school shall be set forth by the sponsor and the
1019 applicant in a written contractual agreement, called a charter.
1020 The sponsor and the governing board of the charter school shall
1021 use the standard charter contract pursuant to subsection (21),
1022 which shall incorporate the approved application and any addenda
1023 approved with the application. Any term or condition of a
1024 proposed charter contract that differs from the standard charter
1025 contract adopted by rule of the State Board of Education shall
1026 be presumed a limitation on charter school flexibility. The
1027 sponsor may not impose unreasonable rules or regulations that
1028 violate the intent of giving charter schools greater flexibility
1029 to meet educational goals. The charter shall be signed by the
1030 governing board of the charter school and the sponsor, following
1031 a public hearing to ensure community input.
1032 (a) The charter shall address and criteria for approval of
1033 the charter shall be based on:
1034 1. The school’s mission, the students to be served, and the
1035 ages and grades to be included.
1036 2. The focus of the curriculum, the instructional methods
1037 to be used, any distinctive instructional techniques to be
1038 employed, and identification and acquisition of appropriate
1039 technologies needed to improve educational and administrative
1040 performance which include a means for promoting safe, ethical,
1041 and appropriate uses of technology which comply with legal and
1042 professional standards.
1043 a. The charter shall ensure that reading is a primary focus
1044 of the curriculum and that resources are provided to identify
1045 and provide specialized instruction for students who are reading
1046 below grade level. The curriculum and instructional strategies
1047 for reading must be consistent with the Next Generation Sunshine
1048 State Standards and grounded in scientifically based reading
1049 research.
1050 b. In order to provide students with access to diverse
1051 instructional delivery models, to facilitate the integration of
1052 technology within traditional classroom instruction, and to
1053 provide students with the skills they need to compete in the
1054 21st century economy, the Legislature encourages instructional
1055 methods for blended learning courses consisting of both
1056 traditional classroom and online instructional techniques.
1057 Charter schools may implement blended learning courses which
1058 combine traditional classroom instruction and virtual
1059 instruction. Students in a blended learning course must be full
1060 time students of the charter school pursuant to s.
1061 1011.61(1)(a)1. Instructional personnel certified pursuant to s.
1062 1012.55 who provide virtual instruction for blended learning
1063 courses may be employees of the charter school or may be under
1064 contract to provide instructional services to charter school
1065 students. At a minimum, such instructional personnel must hold
1066 an active state or school district adjunct certification under
1067 s. 1012.57 for the subject area of the blended learning course.
1068 The funding and performance accountability requirements for
1069 blended learning courses are the same as those for traditional
1070 courses.
1071 3. The current incoming baseline standard of student
1072 academic achievement, the outcomes to be achieved, and the
1073 method of measurement that will be used. The criteria listed in
1074 this subparagraph shall include a detailed description of:
1075 a. How the baseline student academic achievement levels and
1076 prior rates of academic progress will be established.
1077 b. How these baseline rates will be compared to rates of
1078 academic progress achieved by these same students while
1079 attending the charter school.
1080 c. To the extent possible, how these rates of progress will
1081 be evaluated and compared with rates of progress of other
1082 closely comparable student populations.
1083
1084 The district school board is required to provide academic
1085 student performance data to charter schools for each of their
1086 students coming from the district school system, as well as
1087 rates of academic progress of comparable student populations in
1088 the district school system.
1089 4. The methods used to identify the educational strengths
1090 and needs of students and how well educational goals and
1091 performance standards are met by students attending the charter
1092 school. The methods shall provide a means for the charter school
1093 to ensure accountability to its constituents by analyzing
1094 student performance data and by evaluating the effectiveness and
1095 efficiency of its major educational programs. Students in
1096 charter schools shall, at a minimum, participate in the
1097 statewide assessment program created under s. 1008.22.
1098 5. In secondary charter schools, a method for determining
1099 that a student has satisfied the requirements for graduation in
1100 s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
1101 6. A method for resolving conflicts between the governing
1102 board of the charter school and the sponsor.
1103 7. The admissions procedures and dismissal procedures,
1104 including the school’s standards for intervention code of
1105 student conduct. Admission or dismissal must not be based on a
1106 student’s academic performance.
1107 8. The ways by which the school will achieve a
1108 racial/ethnic balance reflective of the community it serves or
1109 within the racial/ethnic range of other public schools in the
1110 same school district.
1111 9. The financial and administrative management of the
1112 school, including a reasonable demonstration of the professional
1113 experience or competence of those individuals or organizations
1114 applying to operate the charter school or those hired or
1115 retained to perform such professional services and the
1116 description of clearly delineated responsibilities and the
1117 policies and practices needed to effectively manage the charter
1118 school. A description of internal audit procedures and
1119 establishment of controls to ensure that financial resources are
1120 properly managed must be included. Both public sector and
1121 private sector professional experience shall be equally valid in
1122 such a consideration.
1123 10. The asset and liability projections required in the
1124 application which are incorporated into the charter and shall be
1125 compared with information provided in the annual report of the
1126 charter school.
1127 11. A description of procedures that identify various risks
1128 and provide for a comprehensive approach to reduce the impact of
1129 losses; plans to ensure the safety and security of students and
1130 staff; plans to identify, minimize, and protect others from
1131 violent or disruptive student behavior; and the manner in which
1132 the school will be insured, including whether or not the school
1133 will be required to have liability insurance, and, if so, the
1134 terms and conditions thereof and the amounts of coverage.
1135 12. The term of the charter which shall provide for
1136 cancellation of the charter if insufficient progress has been
1137 made in attaining the student achievement objectives of the
1138 charter and if it is not likely that such objectives can be
1139 achieved before expiration of the charter. The initial term of a
1140 charter shall be for 4 or 5 years. In order to facilitate access
1141 to long-term financial resources for charter school
1142 construction, charter schools that are operated by a
1143 municipality or other public entity as provided by law are
1144 eligible for up to a 15-year charter, subject to approval by the
1145 district school board. A charter lab school is eligible for a
1146 charter for a term of up to 15 years. In addition, to facilitate
1147 access to long-term financial resources for charter school
1148 construction, charter schools that are operated by a private,
1149 not-for-profit, s. 501(c)(3) status corporation are eligible for
1150 up to a 15-year charter, subject to approval by the district
1151 school board. Such long-term charters remain subject to annual
1152 review and may be terminated during the term of the charter, but
1153 only according to the provisions set forth in subsection (8).
1154 13. The facilities to be used and their location. The
1155 sponsor may not require a charter school to have a certificate
1156 of occupancy or a temporary certificate of occupancy for such a
1157 facility earlier than 15 calendar days before the first day of
1158 school.
1159 14. The qualifications to be required of the teachers and
1160 the potential strategies used to recruit, hire, train, and
1161 retain qualified staff to achieve best value.
1162 15. The governance structure of the school, including the
1163 status of the charter school as a public or private employer as
1164 required in paragraph (12)(i).
1165 16. A timetable for implementing the charter which
1166 addresses the implementation of each element thereof and the
1167 date by which the charter shall be awarded in order to meet this
1168 timetable.
1169 17. In the case of an existing public school that is being
1170 converted to charter status, alternative arrangements for
1171 current students who choose not to attend the charter school and
1172 for current teachers who choose not to teach in the charter
1173 school after conversion in accordance with the existing
1174 collective bargaining agreement or district school board rule in
1175 the absence of a collective bargaining agreement. However,
1176 alternative arrangements may shall not be required for current
1177 teachers who choose not to teach in a charter lab school, except
1178 as authorized by the employment policies of the state university
1179 which grants the charter to the lab school.
1180 18. Full disclosure of the identity of all relatives
1181 employed by the charter school who are related to the charter
1182 school owner, president, chairperson of the governing board of
1183 directors, superintendent, governing board member, principal,
1184 assistant principal, or any other person employed by the charter
1185 school who has equivalent decisionmaking authority. For the
1186 purpose of this subparagraph, the term “relative” means father,
1187 mother, son, daughter, brother, sister, uncle, aunt, first
1188 cousin, nephew, niece, husband, wife, father-in-law, mother-in
1189 law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
1190 stepfather, stepmother, stepson, stepdaughter, stepbrother,
1191 stepsister, half brother, or half sister.
1192 19. Implementation of the activities authorized under s.
1193 1002.331 by the charter school when it satisfies the eligibility
1194 requirements for a high-performing charter school. A high
1195 performing charter school shall notify its sponsor in writing by
1196 March 1 if it intends to increase enrollment or expand grade
1197 levels the following school year. The written notice shall
1198 specify the amount of the enrollment increase and the grade
1199 levels that will be added, as applicable.
1200 Section 8. Subsection (1) of section 1003.02, Florida
1201 Statutes, is amended to read:
1202 1003.02 District school board operation and control of
1203 public K-12 education within the school district.—As provided in
1204 part II of chapter 1001, district school boards are
1205 constitutionally and statutorily charged with the operation and
1206 control of public K-12 education within their school district.
1207 The district school boards must establish, organize, and operate
1208 their public K-12 schools and educational programs, employees,
1209 and facilities. Their responsibilities include staff
1210 development, public K-12 school student education including
1211 education for exceptional students and students in juvenile
1212 justice programs, special programs, adult education programs,
1213 and career education programs. Additionally, district school
1214 boards must:
1215 (1) Provide for the proper accounting for all students of
1216 school age, for the attendance and discipline control of
1217 students at school, and for proper attention to health, safety,
1218 and other matters relating to the welfare of students in the
1219 following areas:
1220 (a) Admission, classification, promotion, and graduation of
1221 students.—Adopt rules for admitting, classifying, promoting, and
1222 graduating students to or from the various schools of the
1223 district.
1224 (b) Enforcement of attendance laws.—Provide for the
1225 enforcement of all laws and rules relating to the attendance of
1226 students at school. District school boards are authorized to
1227 establish policies that allow accumulated unexcused tardies,
1228 regardless of when they occur during the school day, and early
1229 departures from school to be recorded as unexcused absences.
1230 District school boards are also authorized to establish policies
1231 that require referral to a school’s child study team for
1232 students who have fewer absences than the number required by s.
1233 1003.26(1)(b).
1234 (c) Discipline Control of students.—
1235 1. Adopt rules for the control, attendance, discipline, in
1236 school suspension, suspension, and expulsion of students and
1237 decide all cases recommended for expulsion.
1238 2. Maintain standards for intervention a code of student
1239 conduct as provided in chapter 1006.
1240 (d) Courses of study and instructional materials.—
1241 1. Provide adequate instructional materials for all
1242 students as follows and in accordance with the requirements of
1243 chapter 1006, in the core courses of mathematics, language arts,
1244 social studies, science, reading, and literature, except for
1245 instruction for which the school advisory council approves the
1246 use of a program that does not include a textbook as a major
1247 tool of instruction.
1248 2. Adopt courses of study for use in the schools of the
1249 district.
1250 3. Provide for proper requisitioning, distribution,
1251 accounting, storage, care, and use of all instructional
1252 materials as may be needed, and ensure that instructional
1253 materials used in the district are consistent with the district
1254 goals and objectives and the course descriptions approved by the
1255 State Board of Education, as well as with the state and school
1256 district performance standards required by law and state board
1257 rule.
1258 (e) Transportation.—Make provision for the transportation
1259 of students to the public schools or school activities they are
1260 required or expected to attend, efficiently and economically, in
1261 accordance with the requirements of chapter 1006, which function
1262 may be accomplished, in whole or part, by means of an interlocal
1263 agreement under s. 163.01.
1264 (f) Facilities and school plant.—
1265 1. Approve and adopt a districtwide school facilities
1266 program, in accordance with the requirements of chapter 1013.
1267 2. Approve plans for locating, planning, constructing,
1268 sanitating, insuring, maintaining, protecting, and condemning
1269 school property as prescribed in chapter 1013.
1270 3. Approve and adopt a districtwide school building
1271 program.
1272 4. Select and purchase school sites, playgrounds, and
1273 recreational areas located at centers at which schools are to be
1274 constructed, of adequate size to meet the needs of projected
1275 students to be accommodated.
1276 5. Approve the proposed purchase of any site, playground,
1277 or recreational area for which school district funds are to be
1278 used.
1279 6. Expand existing sites.
1280 7. Rent buildings when necessary, which function may be
1281 accomplished, in whole or part, by means of an interlocal
1282 agreement under s. 163.01.
1283 8. Enter into leases or lease-purchase arrangements, in
1284 accordance with the requirements and conditions provided in s.
1285 1013.15(2).
1286 9. Provide for the proper supervision of construction.
1287 10. Make or contract for additions, alterations, and
1288 repairs on buildings and other school properties.
1289 11. Ensure that all plans and specifications for buildings
1290 provide adequately for the safety and well-being of students, as
1291 well as for economy of construction.
1292 12. Provide adequately for the proper maintenance and
1293 upkeep of school plants, which function may be accomplished, in
1294 whole or part, by means of an interlocal agreement under s.
1295 163.01.
1296 13. Carry insurance on every school building in all school
1297 plants including contents, boilers, and machinery, except
1298 buildings of three classrooms or less which are of frame
1299 construction and located in a tenth class public protection zone
1300 as defined by the Florida Inspection and Rating Bureau, and on
1301 all school buses and other property under the control of the
1302 district school board or title to which is vested in the
1303 district school board, except as exceptions may be authorized
1304 under rules of the State Board of Education.
1305 14. Condemn and prohibit the use for public school purposes
1306 of any building under the control of the district school board.
1307 (g) School operation.—
1308 1. Provide for the operation of all public schools as free
1309 schools for a term of 180 days or the equivalent on an hourly
1310 basis as specified by rules of the State Board of Education;
1311 determine district school funds necessary in addition to state
1312 funds to operate all schools for the minimum term; and arrange
1313 for the levying of district school taxes necessary to provide
1314 the amount needed from district sources.
1315 2. Prepare, adopt, and timely submit to the Department of
1316 Education, as required by law and by rules of the State Board of
1317 Education, the annual school budget, so as to promote the
1318 improvement of the district school system.
1319 (h) Records and reports.—
1320 1. Keep all necessary records and make all needed and
1321 required reports, as required by law or by rules of the State
1322 Board of Education.
1323 2. At regular intervals require reports to be made by
1324 principals or teachers in all public schools to the parents of
1325 the students enrolled and in attendance at their schools,
1326 apprising them of the academic and other progress being made by
1327 the student and giving other useful information.
1328 (i) Parental notification of acceleration options.—At the
1329 beginning of each school year, notify parents of students in or
1330 entering high school of the opportunity and benefits of advanced
1331 placement, International Baccalaureate, Advanced International
1332 Certificate of Education, dual enrollment, and Florida Virtual
1333 School courses and options for early graduation under s.
1334 1003.4281.
1335 (j) Return on investment.—Notify the parent of a student
1336 who earns an industry certification that articulates for
1337 postsecondary credit of the estimated cost savings to the parent
1338 before the student’s high school graduation versus the cost of
1339 acquiring such certification after high school graduation, which
1340 would include the tuition and fees associated with available
1341 postsecondary credits. Also, the student and the parent must be
1342 informed of any additional industry certifications available to
1343 the student.
1344 Section 9. Section 1003.32, Florida Statutes, is amended to
1345 read:
1346 1003.32 Authority of teacher; responsibility for discipline
1347 control of students; district school board and principal
1348 duties.—Subject to law and to the rules of the district school
1349 board, each teacher or other member of the staff of any school
1350 shall have such authority for the control and discipline of
1351 students as may be assigned to him or her by the principal or
1352 the principal’s designated representative and shall keep good
1353 order in the classroom and in other places in which he or she is
1354 assigned to be in charge of students.
1355 (1) In accordance with this section and within the
1356 framework of the district school board’s standards for
1357 intervention code of student conduct, teachers and other
1358 instructional personnel shall have the authority to undertake
1359 any of the following actions in managing student behavior and
1360 ensuring the safety of all students in their classes and school
1361 and their opportunity to learn in an orderly and disciplined
1362 classroom:
1363 (a) Establish classroom rules of conduct.
1364 (b) Establish and implement consequences, designed to
1365 change behavior, for infractions of classroom rules.
1366 (c) Have disobedient, disrespectful, violent, abusive,
1367 uncontrollable, or disruptive students removed from the
1368 classroom for behavior management intervention.
1369 (d) Have violent, abusive, uncontrollable, or disruptive
1370 students directed for information or assistance from appropriate
1371 school or district school board personnel.
1372 (e) Assist in enforcing school rules on school property,
1373 during school-sponsored transportation, and during school
1374 sponsored activities.
1375 (f) Request and receive information as to the disposition
1376 of any referrals to the administration for violation of
1377 classroom or school rules.
1378 (g) Request and receive immediate assistance in classroom
1379 management if a student becomes uncontrollable or in case of
1380 emergency.
1381 (h) Request and receive training and other assistance to
1382 improve skills in classroom management, violence prevention,
1383 conflict resolution, and related areas.
1384 (i) Press charges if there is a reason to believe that a
1385 crime has been committed on school property, during school
1386 sponsored transportation, or during school-sponsored activities.
1387 (j) Use reasonable force, according to standards adopted by
1388 the State Board of Education, to protect himself or herself or
1389 others from injury.
1390 (k) Use corporal punishment according to school board
1391 policy and at least the following procedures, if a teacher feels
1392 that corporal punishment is necessary:
1393 1. The use of corporal punishment shall be approved in
1394 principle by the principal before it is used, but approval is
1395 not necessary for each specific instance in which it is used.
1396 The principal shall prepare guidelines for administering such
1397 punishment which identify the types of punishable offenses, the
1398 conditions under which the punishment shall be administered, and
1399 the specific personnel on the school staff authorized to
1400 administer the punishment.
1401 2. A teacher or principal may administer corporal
1402 punishment only in the presence of another adult who is informed
1403 beforehand, and in the student’s presence, of the reason for the
1404 punishment.
1405 3. A teacher or principal who has administered punishment
1406 shall, upon request, provide the student’s parent with a written
1407 explanation of the reason for the punishment and the name of the
1408 other adult who was present.
1409 (2) Teachers and other instructional personnel shall:
1410 (a) Set and enforce reasonable classroom rules that treat
1411 all students equitably.
1412 (b) Seek professional development to improve classroom
1413 management skills when data show that they are not effective in
1414 handling minor classroom disruptions.
1415 (c) Maintain an orderly and disciplined classroom with a
1416 positive and effective learning environment that maximizes
1417 learning and minimizes disruption.
1418 (d) Work with parents and other school personnel to solve
1419 discipline problems in their classrooms.
1420 (3) A teacher may send a student to the principal’s office
1421 to maintain effective discipline in the classroom and may
1422 recommend an appropriate consequence consistent with the
1423 standards for intervention student code of conduct under s.
1424 1006.07. The principal shall respond by employing the teacher’s
1425 recommended consequence or a more serious disciplinary action if
1426 the student’s history of disruptive behavior warrants it. If the
1427 principal determines that a lesser disciplinary action is
1428 appropriate, the principal should consult with the teacher
1429 before prior to taking disciplinary action.
1430 (4) A teacher may remove from class a student whose
1431 behavior the teacher determines interferes with the teacher’s
1432 ability to communicate effectively with the students in the
1433 class or with the ability of the student’s classmates to learn.
1434 Each district school board, each district school superintendent,
1435 and each school principal shall support the authority of
1436 teachers to remove disobedient, violent, abusive,
1437 uncontrollable, or disruptive students from the classroom.
1438 (5) If a teacher removes a student from class under
1439 subsection (4), the principal may place the student in another
1440 appropriate classroom, in in-school suspension, or in a dropout
1441 prevention and academic intervention program as provided by s.
1442 1003.53; or the principal may recommend the student for out-of
1443 school suspension or expulsion, as appropriate. The student may
1444 be prohibited from attending or participating in school
1445 sponsored or school-related activities. The principal may not
1446 return the student to that teacher’s class without the teacher’s
1447 consent unless the committee established under subsection (6)
1448 determines that such placement is the best or only available
1449 alternative. The teacher and the placement review committee must
1450 render decisions within 5 days of the removal of the student
1451 from the classroom.
1452 (6)(a) Each school shall establish a placement review
1453 committee to determine placement of a student when a teacher
1454 withholds consent to the return of a student to the teacher’s
1455 class. A school principal must notify each teacher in that
1456 school about the availability, the procedures, and the criteria
1457 for the placement review committee as outlined in this section.
1458 (b) The principal must report on a quarterly basis to the
1459 district school superintendent and district school board each
1460 incidence of a teacher’s withholding consent for a removed
1461 student to return to the teacher’s class and the disposition of
1462 the incident, and the superintendent must annually report these
1463 data to the department.
1464 (c) The Commissioner of Education shall annually review
1465 each school district’s compliance with this section, and success
1466 in achieving orderly classrooms, and shall use all appropriate
1467 enforcement actions up to and including the withholding of
1468 disbursements from the Educational Enhancement Trust Fund until
1469 full compliance is verified.
1470 (d) Placement review committee membership must include at
1471 least the following:
1472 1. Two teachers, one selected by the school’s faculty and
1473 one selected by the teacher who has removed the student.
1474 2. One member from the school’s staff who is selected by
1475 the principal.
1476
1477 The teacher who withheld consent to readmitting the student may
1478 not serve on the committee. The teacher and the placement review
1479 committee must render decisions within 5 days after the removal
1480 of the student from the classroom. If the placement review
1481 committee’s decision is contrary to the decision of the teacher
1482 to withhold consent to the return of the removed student to the
1483 teacher’s class, the teacher may appeal the committee’s decision
1484 to the district school superintendent.
1485 (7) Any teacher who removes 25 percent of his or her total
1486 class enrollment shall be required to complete professional
1487 development to improve classroom management skills.
1488 (8) Each teacher or other member of the staff of any school
1489 who knows or has reason to suspect that any person has
1490 committed, or has made a credible threat to commit, a crime of
1491 violence on school property shall report such knowledge or
1492 suspicion in accordance with the provisions of s. 1006.13. Each
1493 district school superintendent and each school principal shall
1494 fully support good faith reporting in accordance with the
1495 provisions of this subsection and s. 1006.13. Any person who
1496 makes a report required by this subsection in good faith shall
1497 be immune from civil or criminal liability for making the
1498 report.
1499 (9) When knowledgeable of the likely risk of physical
1500 violence in the schools, the district school board shall take
1501 reasonable steps to ensure that teachers, other school staff,
1502 and students are not at undue risk of violence or harm.
1503 Section 10. Paragraphs (c) and (d) of subsection (1) of
1504 section 1003.53, Florida Statutes, are amended to read:
1505 1003.53 Dropout prevention and academic intervention.—
1506 (1)
1507 (c) A student shall be identified as being eligible to
1508 receive services funded through the dropout prevention and
1509 academic intervention program based upon one of the following
1510 criteria:
1511 1. The student is academically unsuccessful as evidenced by
1512 low test scores, retention, failing grades, low grade point
1513 average, falling behind in earning credits, or not meeting the
1514 state or district proficiency levels in reading, mathematics, or
1515 writing.
1516 2. The student has a pattern of excessive absenteeism or
1517 has been identified as a habitual truant.
1518 3. The student has a history of disruptive behavior in
1519 school or has committed an offense that warrants out-of-school
1520 suspension or expulsion from school according to the district
1521 school board’s standards for intervention code of student
1522 conduct. For the purposes of this program, “disruptive behavior”
1523 is behavior that:
1524 a. Interferes with the student’s own learning or the
1525 educational process of others and requires attention and
1526 assistance beyond that which the traditional program can provide
1527 or results in frequent conflicts of a disruptive nature while
1528 the student is under the jurisdiction of the school either in or
1529 out of the classroom; or
1530 b. Severely threatens the general welfare of students or
1531 others with whom the student comes into contact.
1532 4. The student is identified by a school’s early warning
1533 system pursuant to s. 1001.42(18)(b).
1534 (d)1. “Second chance schools” means district school board
1535 programs provided through cooperative agreements between the
1536 Department of Juvenile Justice, private providers, state or
1537 local law enforcement agencies, or other state agencies for
1538 students who have been disruptive or violent or who have
1539 committed serious offenses. As partnership programs, second
1540 chance schools are eligible for waivers by the Commissioner of
1541 Education from State Board of Education rules that prevent the
1542 provision of appropriate educational services to violent,
1543 severely disruptive, or delinquent students in small
1544 nontraditional settings or in court-adjudicated settings.
1545 2. District school boards seeking to enter into a
1546 partnership with a private entity or public entity to operate a
1547 second chance school for disruptive students may apply to the
1548 Department of Education for startup grants. These grants must be
1549 available for 1 year and must be used to offset the startup
1550 costs for implementing such programs off public school campuses.
1551 General operating funds must be generated through the
1552 appropriate programs of the Florida Education Finance Program.
1553 Grants approved under this program shall be for the full
1554 operation of the school by a private nonprofit or for-profit
1555 provider or the public entity. This program must operate under
1556 rules adopted by the State Board of Education and be implemented
1557 to the extent funded by the Legislature.
1558 3. A student enrolled in a sixth, seventh, eighth, ninth,
1559 or tenth grade class may be assigned to a second chance school
1560 if the student meets the following criteria:
1561 a. The student is a habitual truant as defined in s.
1562 1003.01.
1563 b. The student’s excessive absences have detrimentally
1564 affected the student’s academic progress and the student may
1565 have unique needs that a traditional school setting may not
1566 meet.
1567 c. The student’s high incidences of truancy have been
1568 directly linked to a lack of motivation.
1569 d. The student has been identified as at risk of dropping
1570 out of school.
1571 4. A student who is habitually truant may be assigned to a
1572 second chance school only if the case staffing committee,
1573 established pursuant to s. 984.12, determines that such
1574 placement could be beneficial to the student and the criteria
1575 included in subparagraph 3. are met.
1576 5. A student may be assigned to a second chance school if
1577 the district school board in which the student resides has a
1578 second chance school and if the student meets one of the
1579 following criteria:
1580 a. The student habitually exhibits disruptive behavior in
1581 violation of the standards for intervention code of student
1582 conduct adopted by the district school board.
1583 b. The student interferes with the student’s own learning
1584 or the educational process of others and requires attention and
1585 assistance beyond that which the traditional program can
1586 provide, or, while the student is under the jurisdiction of the
1587 school either in or out of the classroom, frequent conflicts of
1588 a disruptive nature occur.
1589 c. The student has committed a serious offense which
1590 warrants suspension or expulsion from school according to the
1591 district school board’s standards for intervention code of
1592 student conduct. For the purposes of this program, “serious
1593 offense” is behavior which:
1594 (I) Threatens the general welfare of students or others
1595 with whom the student comes into contact;
1596 (II) Includes violence;
1597 (III) Includes possession of weapons or drugs; or
1598 (IV) Is harassment or verbal abuse of school personnel or
1599 other students.
1600 6. Prior to assignment of students to second chance
1601 schools, district school boards are encouraged to use
1602 alternative programs, such as in-school suspension, which
1603 provide instruction and counseling leading to improved student
1604 behavior, a reduction in the incidence of truancy, and the
1605 development of more effective interpersonal skills.
1606 7. Students assigned to second chance schools must be
1607 evaluated by the district school board’s child study team before
1608 placement in a second chance school. The study team shall ensure
1609 that students are not eligible for placement in a program for
1610 emotionally disturbed children.
1611 8. Students who exhibit academic and social progress and
1612 who wish to return to a traditional school shall complete a
1613 character development and law education program and demonstrate
1614 preparedness to reenter the regular school setting prior to
1615 reentering a traditional school.
1616 Section 11. Paragraph (h) of subsection (1) of section
1617 1003.57, Florida Statutes, is amended to read:
1618 1003.57 Exceptional students instruction.—
1619 (1)
1620 (h) School personnel may consider any unique circumstances
1621 on a case-by-case basis when determining whether a change in
1622 placement is appropriate for a student who has a disability and
1623 violates a district school board’s standards for intervention
1624 code of student conduct. School personnel may remove and place
1625 such student in an interim alternative educational setting for
1626 not more than 45 school days, without regard to whether the
1627 behavior is determined to be a manifestation of the student’s
1628 disability, if the student:
1629 1. Carries a weapon to or possesses a weapon at school, on
1630 school premises, or at a school function under the jurisdiction
1631 of the school district;
1632 2. Knowingly possesses or uses illegal drugs, or sells or
1633 solicits the sale of a controlled substance, while at school, on
1634 school premises, or at a school function under the jurisdiction
1635 of the school district; or
1636 3. Has inflicted serious bodily injury upon another person
1637 while at school, on school premises, or at a school function
1638 under the jurisdiction of the school district.
1639 Section 12. Paragraph (c) of subsection (1) and subsection
1640 (4) of section 1006.09, Florida Statutes, are amended to read:
1641 1006.09 Duties of school principal relating to student
1642 discipline and school safety.—
1643 (1)
1644 (c) The principal or the principal’s designee may recommend
1645 to the district school superintendent the expulsion of any
1646 student who has committed a serious breach of conduct,
1647 including, but not limited to, willful disobedience, open
1648 defiance of authority of a member of his or her staff, violence
1649 against persons or property, or any other act which
1650 substantially disrupts the orderly conduct of the school. A
1651 recommendation of expulsion or assignment to a second chance
1652 school may also be made for any student found to have
1653 intentionally made false accusations that jeopardize the
1654 professional reputation, employment, or professional
1655 certification of a teacher or other member of the school staff,
1656 according to the district school board’s standards for
1657 intervention board code of student conduct. Any recommendation
1658 of expulsion must shall include a detailed report by the
1659 principal or the principal’s designated representative on the
1660 alternative measures taken prior to the recommendation of
1661 expulsion.
1662 (4) When a student has been the victim of a violent crime
1663 perpetrated by another student who attends the same school, the
1664 school principal shall make full and effective use of the
1665 provisions of subsection (2) and s. 1006.13(7) s. 1006.13(6). A
1666 school principal who fails to comply with this subsection is
1667 shall be ineligible for any portion of the performance pay or
1668 the differentiated pay under s. 1012.22. However, if any party
1669 responsible for notification fails to properly notify the
1670 school, the school principal is shall be eligible for the
1671 performance pay or differentiated pay.
1672 Section 13. Subsection (2) of section 1006.10, Florida
1673 Statutes, is amended to read:
1674 1006.10 Authority of school bus drivers and district school
1675 boards relating to student discipline and student safety on
1676 school buses.—
1677 (2) The district school board shall require a system of
1678 progressive discipline of transported students for actions which
1679 are prohibited by the standards for intervention code of student
1680 conduct. Disciplinary actions, including suspension of students
1681 from riding on district school board owned or contracted school
1682 buses, shall be subject to district school board policies and
1683 procedures and may be imposed by the principal or the
1684 principal’s designee. The principal or the principal’s designee
1685 may delegate any disciplinary authority to school bus drivers
1686 except for suspension of students from riding the bus.
1687 Section 14. Paragraph (n) of subsection (4) of section
1688 1006.147, Florida Statutes, is amended to read:
1689 1006.147 Bullying and harassment prohibited.—
1690 (4) Each school district shall adopt and review at least
1691 every 3 years a policy prohibiting bullying and harassment of a
1692 student or employee of a public K-12 educational institution.
1693 Each school district’s policy shall be in substantial conformity
1694 with the Department of Education’s model policy. The school
1695 district bullying and harassment policy shall afford all
1696 students the same protection regardless of their status under
1697 the law. The school district may establish separate
1698 discrimination policies that include categories of students. The
1699 school district shall involve students, parents, teachers,
1700 administrators, school staff, school volunteers, community
1701 representatives, and local law enforcement agencies in the
1702 process of adopting and reviewing the policy. The school
1703 district policy must be implemented by each school principal in
1704 a manner that is ongoing throughout the school year and
1705 integrated with the school’s curriculum, bullying prevention and
1706 intervention program, discipline policies, and other violence
1707 prevention efforts. The school district policy must contain, at
1708 a minimum, the following components:
1709 (n) A procedure for publicizing the policy, which must
1710 include its publication in the standards for intervention code
1711 of student conduct required under s. 1006.07 s. 1006.07(2) and
1712 in all employee handbooks.
1713 Section 15. Paragraph (a) of subsection (3) of section
1714 1006.15, Florida Statutes, is amended to read:
1715 1006.15 Student standards for participation in
1716 interscholastic and intrascholastic extracurricular student
1717 activities; regulation.—
1718 (3)(a) As used in this section and s. 1006.20, the term
1719 “eligible to participate” includes, but is not limited to, a
1720 student participating in tryouts, off-season conditioning,
1721 summer workouts, preseason conditioning, in-season practice, or
1722 contests. The term does not mean that a student must be placed
1723 on any specific team for interscholastic or intrascholastic
1724 extracurricular activities. To be eligible to participate in
1725 interscholastic extracurricular student activities, a student
1726 must:
1727 1. Maintain a grade point average of 2.0 or above on a 4.0
1728 scale, or its equivalent, in the previous semester or a
1729 cumulative grade point average of 2.0 or above on a 4.0 scale,
1730 or its equivalent, in the courses required by s. 1002.3105(5) or
1731 s. 1003.4282.
1732 2. Execute and fulfill the requirements of an academic
1733 performance contract between the student, the district school
1734 board, the appropriate governing association, and the student’s
1735 parents, if the student’s cumulative grade point average falls
1736 below 2.0, or its equivalent, on a 4.0 scale in the courses
1737 required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
1738 contract must require that the student attend summer school, or
1739 its graded equivalent, between grades 9 and 10 or grades 10 and
1740 11, as necessary.
1741 3. Have a cumulative grade point average of 2.0 or above on
1742 a 4.0 scale, or its equivalent, in the courses required by s.
1743 1002.3105(5) or s. 1003.4282 during his or her junior or senior
1744 year.
1745 4. Maintain satisfactory conduct, including adherence to
1746 the school’s appropriate dress code and other standards for
1747 intervention under s. 1006.07 codes of student conduct policies
1748 described in s. 1006.07(2). If a student is convicted of, or is
1749 found to have committed, a felony or a delinquent act that would
1750 have been a felony if committed by an adult, regardless of
1751 whether adjudication is withheld, the student’s participation in
1752 interscholastic extracurricular activities is contingent upon
1753 established and published district school board policy.
1754 Section 16. Paragraph (b) of subsection (5) of section
1755 1007.271, Florida Statutes, is amended to read:
1756 1007.271 Dual enrollment programs.—
1757 (5)
1758 (b) Each president, or designee, of a postsecondary
1759 institution offering a college credit dual enrollment course
1760 must:
1761 1. Provide a copy of the institution’s current faculty or
1762 adjunct faculty handbook to all faculty members teaching a dual
1763 enrollment course.
1764 2. Provide to all faculty members teaching a dual
1765 enrollment course a copy of the institution’s current student
1766 handbook, which may include, but is not limited to, information
1767 on registration policies, the standards for intervention student
1768 code of conduct, grading policies, and critical dates.
1769 3. Designate an individual or individuals to observe all
1770 faculty members teaching a dual enrollment course, regardless of
1771 the location of instruction.
1772 4. Use the same criteria to evaluate faculty members
1773 teaching a dual enrollment course as the criteria used to
1774 evaluate all other faculty members.
1775 5. Provide course plans and objectives to all faculty
1776 members teaching a dual enrollment course.
1777 Section 17. Paragraph (b) of subsection (4) of section
1778 1012.98, Florida Statutes, is amended to read:
1779 1012.98 School Community Professional Development Act.—
1780 (4) The Department of Education, school districts, schools,
1781 Florida College System institutions, and state universities
1782 share the responsibilities described in this section. These
1783 responsibilities include the following:
1784 (b) Each school district shall develop a professional
1785 development system as specified in subsection (3). The system
1786 shall be developed in consultation with teachers, teacher
1787 educators of Florida College System institutions and state
1788 universities, business and community representatives, and local
1789 education foundations, consortia, and professional
1790 organizations. The professional development system must:
1791 1. Be approved by the department. All substantial revisions
1792 to the system shall be submitted to the department for review
1793 for continued approval.
1794 2. Be based on analyses of student achievement data and
1795 instructional strategies and methods that support rigorous,
1796 relevant, and challenging curricula for all students. Schools
1797 and districts, in developing and refining the professional
1798 development system, shall also review and monitor school
1799 discipline data; school environment surveys; assessments of
1800 parental satisfaction; performance appraisal data of teachers,
1801 managers, and administrative personnel; and other performance
1802 indicators to identify school and student needs that can be met
1803 by improved professional performance.
1804 3. Provide inservice activities coupled with followup
1805 support appropriate to accomplish district-level and school
1806 level improvement goals and standards. The inservice activities
1807 for instructional personnel shall focus on analysis of student
1808 achievement data, ongoing formal and informal assessments of
1809 student achievement, identification and use of enhanced and
1810 differentiated instructional strategies that emphasize rigor,
1811 relevance, and reading in the content areas, enhancement of
1812 subject content expertise, integrated use of classroom
1813 technology that enhances teaching and learning, classroom
1814 management, parent involvement, and school safety.
1815 4. Provide inservice activities and support targeted to the
1816 individual needs of new teachers participating in the
1817 professional development certification and education competency
1818 program under s. 1012.56(8)(a).
1819 5. Include a master plan for inservice activities, pursuant
1820 to rules of the State Board of Education, for all district
1821 employees from all fund sources. The master plan shall be
1822 updated annually by September 1, must be based on input from
1823 teachers and district and school instructional leaders, and must
1824 use the latest available student achievement data and research
1825 to enhance rigor and relevance in the classroom. Each district
1826 inservice plan must be aligned to and support the school-based
1827 inservice plans and school improvement plans pursuant to s.
1828 1001.42(18). Each district inservice plan must provide a
1829 description of the training that middle grades instructional
1830 personnel and school administrators receive on the district’s
1831 standards for intervention code of student conduct adopted
1832 pursuant to s. 1006.07; integrated digital instruction and
1833 competency-based instruction and CAPE Digital Tool certificates
1834 and CAPE industry certifications; classroom management; student
1835 behavior and interaction; extended learning opportunities for
1836 students; and instructional leadership. District plans must be
1837 approved by the district school board annually in order to
1838 ensure compliance with subsection (1) and to allow for
1839 dissemination of research-based best practices to other
1840 districts. District school boards must submit verification of
1841 their approval to the Commissioner of Education no later than
1842 October 1, annually. Each school principal may establish and
1843 maintain an individual professional development plan for each
1844 instructional employee assigned to the school as a seamless
1845 component to the school improvement plans developed pursuant to
1846 s. 1001.42(18). An individual professional development plan must
1847 be related to specific performance data for the students to whom
1848 the teacher is assigned, define the inservice objectives and
1849 specific measurable improvements expected in student performance
1850 as a result of the inservice activity, and include an evaluation
1851 component that determines the effectiveness of the professional
1852 development plan.
1853 6. Include inservice activities for school administrative
1854 personnel that address updated skills necessary for
1855 instructional leadership and effective school management
1856 pursuant to s. 1012.986.
1857 7. Provide for systematic consultation with regional and
1858 state personnel designated to provide technical assistance and
1859 evaluation of local professional development programs.
1860 8. Provide for delivery of professional development by
1861 distance learning and other technology-based delivery systems to
1862 reach more educators at lower costs.
1863 9. Provide for the continuous evaluation of the quality and
1864 effectiveness of professional development programs in order to
1865 eliminate ineffective programs and strategies and to expand
1866 effective ones. Evaluations must consider the impact of such
1867 activities on the performance of participating educators and
1868 their students’ achievement and behavior.
1869 10. For middle grades, emphasize:
1870 a. Interdisciplinary planning, collaboration, and
1871 instruction.
1872 b. Alignment of curriculum and instructional materials to
1873 the state academic standards adopted pursuant to s. 1003.41.
1874 c. Use of small learning communities; problem-solving,
1875 inquiry-driven research and analytical approaches for students;
1876 strategies and tools based on student needs; competency-based
1877 instruction; integrated digital instruction; and project-based
1878 instruction.
1879
1880 Each school that includes any of grades 6, 7, or 8 must include
1881 in its school improvement plan, required under s. 1001.42(18), a
1882 description of the specific strategies used by the school to
1883 implement each item listed in this subparagraph.
1884 11. Provide training to reading coaches, classroom
1885 teachers, and school administrators in effective methods of
1886 identifying characteristics of conditions such as dyslexia and
1887 other causes of diminished phonological processing skills;
1888 incorporating instructional techniques into the general
1889 education setting which are proven to improve reading
1890 performance for all students; and using predictive and other
1891 data to make instructional decisions based on individual student
1892 needs. The training must help teachers integrate phonemic
1893 awareness; phonics, word study, and spelling; reading fluency;
1894 vocabulary, including academic vocabulary; and text
1895 comprehension strategies into an explicit, systematic, and
1896 sequential approach to reading instruction, including
1897 multisensory intervention strategies. Each district must provide
1898 all elementary grades instructional personnel access to training
1899 sufficient to meet the requirements of s. 1012.585(3)(f).
1900 Section 18. This act shall take effect July 1, 2018.