Florida Senate - 2018                                     SB 496
       By Senator Baxley
       12-00569-18                                            2018496__
    1                        A bill to be entitled                      
    2         An act relating to out-of-school suspension; amending
    3         s. 1002.20, F.S.; authorizing a parent to give public
    4         testimony regarding a district school board’s
    5         suspension policy at a specified meeting; amending s.
    6         1006.07, F.S.; requiring a district school board to
    7         review its rules authorizing suspension during a
    8         specified timeframe at a district school board
    9         meeting; requiring the board to take public testimony
   10         at the meeting; providing that the rules expire under
   11         certain circumstances; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Paragraph (a) of subsection (4) of section
   16  1002.20, Florida Statutes, is amended to read:
   17         1002.20 K-12 student and parent rights.—Parents of public
   18  school students must receive accurate and timely information
   19  regarding their child’s academic progress and must be informed
   20  of ways they can help their child to succeed in school. K-12
   21  students and their parents are afforded numerous statutory
   22  rights including, but not limited to, the following:
   23         (4) DISCIPLINE.—
   24         (a) Suspension of public school student.—In accordance with
   25  the provisions of s. 1006.09(1)-(4):
   26         1. A student may be suspended only as provided by rule of
   27  the district school board. A good faith effort must be made to
   28  immediately inform the parent by telephone of the student’s
   29  suspension and the reason. Each suspension and the reason must
   30  be reported in writing within 24 hours to the parent by United
   31  States mail. A good faith effort must be made to use parental
   32  assistance before suspension unless the situation requires
   33  immediate suspension.
   34         2. A student with a disability may only be recommended for
   35  suspension or expulsion in accordance with State Board of
   36  Education rules.
   37         3. A parent may give public testimony at a district school
   38  board meeting that reviews the board’s rules authorizing
   39  suspension, also referred to as out-of-school suspension, as
   40  provided in s. 1006.07(1)(a).
   41         Section 2. Paragraph (a) of subsection (1) of section
   42  1006.07, Florida Statutes, is amended to read:
   43         1006.07 District school board duties relating to student
   44  discipline and school safety.—The district school board shall
   45  provide for the proper accounting for all students, for the
   46  attendance and control of students at school, and for proper
   47  attention to health, safety, and other matters relating to the
   48  welfare of students, including:
   49         (1) CONTROL OF STUDENTS.—
   50         (a) Adopt rules for the control, discipline, in-school
   51  suspension, suspension, and expulsion of students and decide all
   52  cases recommended for expulsion. Once every 3 years, the
   53  district school board shall review its rules authorizing
   54  suspension, also referred to as out-of-school-suspension, as a
   55  form of discipline during a district school board meeting held
   56  pursuant to s. 1001.372. The review must include school district
   57  data regarding the disability status, race, gender, and rate of
   58  recidivism of each student in the school district who has
   59  received suspension since the district school board’s last
   60  review. The district school board shall take public testimony at
   61  the meeting. If such a meeting is not held in accordance with
   62  this paragraph, the board’s rules authorizing suspension expire.
   63  All suspension hearings are exempted from the provisions of
   64  chapter 120. Expulsion hearings shall be governed by ss. 120.569
   65  and 120.57(2) and are exempt from s. 286.011. However, the
   66  student’s parent must be given notice of the provisions of s.
   67  286.011 and may elect to have the hearing held in compliance
   68  with that section. The district school board may prohibit the
   69  use of corporal punishment, if the district school board adopts
   70  or has adopted a written program of alternative control or
   71  discipline.
   72         Section 3. This act shall take effect July 1, 2018.