Florida Senate - 2019                                    SB 1120
       By Senator Taddeo
       40-00032-19                                           20191120__
    1                        A bill to be entitled                      
    2         An act relating to corporal punishment in public
    3         schools; amending s. 1002.20, F.S.; prohibiting public
    4         school employees from using corporal punishment on a
    5         public school student; defining the term “corporal
    6         punishment”; amending s. 1003.32, F.S.; removing
    7         corporal punishment as an option for teachers and
    8         other instructional personnel to use to manage student
    9         behavior; amending ss. 414.1251, 1001.11, 1002.01,
   10         1002.3105, 1002.385, 1002.42, 1002.43, 1003.01,
   11         1003.03, 1003.21, 1003.26, 1003.52, 1006.07,
   12         1012.2315, and 1012.28, F.S.; conforming cross
   13         references and conforming provisions to changes made
   14         by the act; providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Paragraph (b) of subsection (2) and paragraph
   19  (c) of subsection (4) of section 1002.20, Florida Statutes, are
   20  amended to read:
   21         1002.20 K-12 student and parent rights.—Parents of public
   22  school students must receive accurate and timely information
   23  regarding their child’s academic progress and must be informed
   24  of ways they can help their child to succeed in school. K-12
   25  students and their parents are afforded numerous statutory
   26  rights including, but not limited to, the following:
   27         (2) ATTENDANCE.—
   28         (b) Regular school attendance.—Parents of students who have
   29  attained the age of 6 years by February 1 of any school year but
   30  who have not attained the age of 16 years must comply with the
   31  compulsory school attendance laws. Parents have the option to
   32  comply with the school attendance laws by attendance of the
   33  student in a public school; a parochial, religious, or
   34  denominational school; a private school; a home education
   35  program; or a private tutoring program, in accordance with s.
   36  1003.01(12) the provisions of s. 1003.01(13).
   37         (4) DISCIPLINE.—
   38         (c) Corporal punishment.—
   39         1.A public school employee may not use In accordance with
   40  the provisions of s. 1003.32, corporal punishment on of a public
   41  school student. As used in this paragraph, the term corporal
   42  punishment” means the use of physical force or physical contact
   43  to discipline a student or to enforce school rules. However, the
   44  term does not include the use of reasonable force by a public
   45  school employee acting in self-defense or in the protection of
   46  other students from disruptive students may only be administered
   47  by a teacher or school principal within guidelines of the school
   48  principal and according to district school board policy. Another
   49  adult must be present and must be informed in the student’s
   50  presence of the reason for the punishment. Upon request, the
   51  teacher or school principal must provide the parent with a
   52  written explanation of the reason for the punishment and the
   53  name of the other adult who was present.
   54         2. A district school board having a policy authorizing the
   55  use of corporal punishment as a form of discipline shall review
   56  its policy on corporal punishment once every 3 years during a
   57  district school board meeting held pursuant to s. 1001.372. The
   58  district school board shall take public testimony at the board
   59  meeting. If such board meeting is not held in accordance with
   60  this subparagraph, the portion of the district school board’s
   61  policy authorizing corporal punishment expires.
   62         Section 2. Paragraph (k) of subsection (1) of section
   63  1003.32, Florida Statutes, is amended to read:
   64         1003.32 Authority of teacher; responsibility for control of
   65  students; district school board and principal duties.—Subject to
   66  law and to the rules of the district school board, each teacher
   67  or other member of the staff of any school shall have such
   68  authority for the control and discipline of students as may be
   69  assigned to him or her by the principal or the principal’s
   70  designated representative and shall keep good order in the
   71  classroom and in other places in which he or she is assigned to
   72  be in charge of students.
   73         (1) In accordance with this section and within the
   74  framework of the district school board’s code of student
   75  conduct, teachers and other instructional personnel shall have
   76  the authority to undertake any of the following actions in
   77  managing student behavior and ensuring the safety of all
   78  students in their classes and school and their opportunity to
   79  learn in an orderly and disciplined classroom:
   80         (k) Use corporal punishment according to school board
   81  policy and at least the following procedures, if a teacher feels
   82  that corporal punishment is necessary:
   83         1. The use of corporal punishment shall be approved in
   84  principle by the principal before it is used, but approval is
   85  not necessary for each specific instance in which it is used.
   86  The principal shall prepare guidelines for administering such
   87  punishment which identify the types of punishable offenses, the
   88  conditions under which the punishment shall be administered, and
   89  the specific personnel on the school staff authorized to
   90  administer the punishment.
   91         2. A teacher or principal may administer corporal
   92  punishment only in the presence of another adult who is informed
   93  beforehand, and in the student’s presence, of the reason for the
   94  punishment.
   95         3. A teacher or principal who has administered punishment
   96  shall, upon request, provide the student’s parent with a written
   97  explanation of the reason for the punishment and the name of the
   98  other adult who was present.
   99         Section 3. Subsection (1) of section 414.1251, Florida
  100  Statutes, is amended to read:
  101         414.1251 Learnfare program.—
  102         (1) The department shall reduce the temporary cash
  103  assistance for a participant’s eligible dependent child or for
  104  an eligible teenage participant who has not been exempted from
  105  education participation requirements, if the eligible dependent
  106  child or eligible teenage participant has been identified either
  107  as a habitual truant, pursuant to s. 1003.01(7) s. 1003.01(8),
  108  or as a dropout, pursuant to s. 1003.01(8) s. 1003.01(9). For a
  109  student who has been identified as a habitual truant, the
  110  temporary cash assistance must be reinstated after a subsequent
  111  grading period in which the child’s attendance has substantially
  112  improved. For a student who has been identified as a dropout,
  113  the temporary cash assistance must be reinstated after the
  114  student enrolls in a public school, receives a high school
  115  diploma or its equivalency, enrolls in preparation for the high
  116  school equivalency examination, or enrolls in other educational
  117  activities approved by the district school board. Good cause
  118  exemptions from the rule of unexcused absences include the
  119  following:
  120         (a) The student is expelled from school and alternative
  121  schooling is not available.
  122         (b) No licensed day care is available for a child of teen
  123  parents subject to Learnfare.
  124         (c) Prohibitive transportation problems exist (e.g., to and
  125  from day care).
  127  Within 10 days after sanction notification, the participant
  128  parent of a dependent child or the teenage participant may file
  129  an internal fair hearings process review procedure appeal, and a
  130  no sanction may not shall be imposed until the appeal is
  131  resolved.
  132         Section 4. Subsection (7) of section 1001.11, Florida
  133  Statutes, is amended to read:
  134         1001.11 Commissioner of Education; other duties.—
  135         (7) The commissioner shall make prominently available on
  136  the department’s website the following: links to the Internet
  137  based clearinghouse for professional development regarding
  138  physical education; the school wellness and physical education
  139  policies and other resources required under s. 1003.453; and
  140  other Internet sites that provide professional development for
  141  elementary teachers of physical education as defined in s.
  142  1003.01 s. 1003.01(16). These links must provide elementary
  143  teachers with information concerning current physical education
  144  and nutrition philosophy and best practices that result in
  145  student participation in physical activities that promote
  146  lifelong physical and mental well-being.
  147         Section 5. Section 1002.01, Florida Statutes, is amended to
  148  read:
  149         1002.01 Definitions.—
  150         (1) A “home education program” means the sequentially
  151  progressive instruction of a student directed by his or her
  152  parent in order to satisfy the attendance requirements of ss.
  153  1002.41, 1003.01(12) 1003.01(13), and 1003.21(1).
  154         (2) A “private school” is a nonpublic school defined as an
  155  individual, association, copartnership, or corporation, or
  156  department, division, or section of such organizations, that
  157  designates itself as an educational center that includes
  158  kindergarten or a higher grade or as an elementary, secondary,
  159  business, technical, or trade school below college level or any
  160  organization that provides instructional services that meet the
  161  intent of s. 1003.01(12) s. 1003.01(13) or that gives
  162  preemployment or supplementary training in technology or in
  163  fields of trade or industry or that offers academic, literary,
  164  or career training below college level, or any combination of
  165  the above, including an institution that performs the functions
  166  of the above schools through correspondence or extension, except
  167  those licensed under the provisions of chapter 1005. A private
  168  school may be a parochial, religious, denominational, for
  169  profit, or nonprofit school. This definition does not include
  170  home education programs conducted in accordance with s. 1002.41.
  171         Section 6. Paragraph (d) of subsection (3) of section
  172  1002.3105, Florida Statutes, is amended to read:
  173         1002.3105 Academically Challenging Curriculum to Enhance
  174  Learning (ACCEL) options.—
  175         (3) STUDENT ELIGIBILITY CONSIDERATIONS.—When establishing
  176  student eligibility requirements, principals and school
  177  districts must consider, at a minimum:
  178         (d) Recommendations from one or more of the student’s
  179  teachers in core-curricula courses as defined in s. 1003.01 s.
  180  1003.01(14)(a)-(e).
  181         Section 7. Paragraph (h) of subsection (5) and paragraph
  182  (a) of subsection (11) of section 1002.385, Florida Statutes,
  183  are amended to read:
  184         1002.385 The Gardiner Scholarship.—
  185         (5) AUTHORIZED USES OF PROGRAM FUNDS.—Program funds must be
  186  used to meet the individual educational needs of an eligible
  187  student and may be spent for the following purposes:
  188         (h) Tuition and fees for part-time tutoring services
  189  provided by a person who holds a valid Florida educator’s
  190  certificate pursuant to s. 1012.56; a person who holds an
  191  adjunct teaching certificate pursuant to s. 1012.57; a person
  192  who has a bachelor’s degree or a graduate degree in the subject
  193  area in which instruction is given; or a person who has
  194  demonstrated a mastery of subject area knowledge pursuant to s.
  195  1012.56(5). As used in this paragraph, the term “part-time
  196  tutoring services” does not qualify as regular school attendance
  197  as defined in s. 1003.01(12)(e) s. 1003.01(13)(e).
  199  A provider of any services receiving payments pursuant to this
  200  subsection may not share, refund, or rebate any moneys from the
  201  Gardiner Scholarship with the parent or participating student in
  202  any manner. A parent, student, or provider of any services may
  203  not bill an insurance company, Medicaid, or any other agency for
  204  the same services that are paid for using Gardiner Scholarship
  205  funds.
  207  PARTICIPATION.—A parent who applies for program participation
  208  under this section is exercising his or her parental option to
  209  determine the appropriate placement or the services that best
  210  meet the needs of his or her child. The scholarship award for a
  211  student is based on a matrix that assigns the student to support
  212  Level III services. If a parent receives an IEP and a matrix of
  213  services from the school district pursuant to subsection (7),
  214  the amount of the payment shall be adjusted as needed, when the
  215  school district completes the matrix.
  216         (a) To satisfy or maintain program eligibility, including
  217  eligibility to receive and spend program payments, the parent
  218  must sign an agreement with the organization and annually submit
  219  a notarized, sworn compliance statement to the organization to:
  220         1. Affirm that the student is enrolled in a program that
  221  meets regular school attendance requirements as provided in s.
  222  1003.01(12)(b)-(d) s. 1003.01(13)(b)-(d).
  223         2. Affirm that the program funds are used only for
  224  authorized purposes serving the student’s educational needs, as
  225  described in subsection (5).
  226         3. Affirm that the parent is responsible for the education
  227  of his or her student by, as applicable:
  228         a. Requiring the student to take an assessment in
  229  accordance with paragraph (8)(b);
  230         b. Providing an annual evaluation in accordance with s.
  231  1002.41(1)(f); or
  232         c. Requiring the child to take any preassessments and
  233  postassessments selected by the provider if the child is 4 years
  234  of age and is enrolled in a program provided by an eligible
  235  Voluntary Prekindergarten Education Program provider. A student
  236  with disabilities for whom a preassessment and postassessment is
  237  not appropriate is exempt from this requirement. A participating
  238  provider shall report a student’s scores to the parent.
  239         4. Affirm that the student remains in good standing with
  240  the provider or school if those options are selected by the
  241  parent.
  243  A parent who fails to comply with this subsection forfeits the
  244  Gardiner Scholarship.
  245         Section 8. Subsection (7) of section 1002.42, Florida
  246  Statutes, is amended to read:
  247         1002.42 Private schools.—
  248         (7) ATTENDANCE REQUIREMENTS.—Attendance of a student at a
  249  private, parochial, religious, or denominational school
  250  satisfies the attendance requirements of ss. 1003.01(12) ss.
  251  1003.01(13) and 1003.21(1).
  252         Section 9. Subsection (1) of section 1002.43, Florida
  253  Statutes, is amended to read:
  254         1002.43 Private tutoring programs.—
  255         (1) Regular school attendance as defined in s. 1003.01 s.
  256  1003.01(13) may be achieved by attendance in a private tutoring
  257  program if the person tutoring the student meets the following
  258  requirements:
  259         (a) Holds a valid Florida certificate to teach the subjects
  260  or grades in which instruction is given.
  261         (b) Keeps all records and makes all reports required by the
  262  state and district school board and makes regular reports on the
  263  attendance of students in accordance with the provisions of s.
  264  1003.23(2).
  265         (c) Requires students to be in actual attendance for the
  266  minimum length of time prescribed by s. 1011.60(2).
  267         Section 10. Subsections (7) and (14) of section 1003.01,
  268  Florida Statutes, are amended to read:
  269         1003.01 Definitions.—As used in this chapter, the term:
  270         (7) “Corporal punishment” means the moderate use of
  271  physical force or physical contact by a teacher or principal as
  272  may be necessary to maintain discipline or to enforce school
  273  rule. However, the term “corporal punishment” does not include
  274  the use of such reasonable force by a teacher or principal as
  275  may be necessary for self-protection or to protect other
  276  students from disruptive students.
  277         (13)(14) “Core-curricula courses” means:
  278         (a) Courses in language arts/reading, mathematics, social
  279  studies, and science in prekindergarten through grade 3,
  280  excluding extracurricular courses pursuant to subsection (14)
  281  (15);
  282         (b) Courses in grades 4 through 8 in subjects that are
  283  measured by state assessment at any grade level and courses
  284  required for middle school promotion, excluding extracurricular
  285  courses pursuant to subsection (14) (15);
  286         (c) Courses in grades 9 through 12 in subjects that are
  287  measured by state assessment at any grade level and courses that
  288  are specifically identified by name in statute as required for
  289  high school graduation and that are not measured by state
  290  assessment, excluding extracurricular courses pursuant to
  291  subsection (14) (15);
  292         (d) Exceptional student education courses; and
  293         (e) English for Speakers of Other Languages courses.
  295  The term is limited in meaning and used for the sole purpose of
  296  designating classes that are subject to the maximum class size
  297  requirements established in s. 1, Art. IX of the State
  298  Constitution. This term does not include courses offered under
  299  ss. 1002.321(4)(e), 1002.33(7)(a)2.b., 1002.37, 1002.45, and
  300  1003.499.
  301         Section 11. Subsection (6) of section 1003.03, Florida
  302  Statutes, is amended to read:
  303         1003.03 Maximum class size.—
  304         (6) COURSES FOR COMPLIANCE.—Consistent with s. 1003.01(13)
  305  s. 1003.01(14), the Department of Education shall identify from
  306  the Course Code Directory the core-curricula courses for the
  307  purpose of satisfying the maximum class size requirement in this
  308  section. The department may adopt rules to implement this
  309  subsection, if necessary.
  310         Section 12. Subsection (4) of section 1003.21, Florida
  311  Statutes, is amended to read:
  312         1003.21 School attendance.—
  313         (4) Before admitting a child to kindergarten, the principal
  314  shall require evidence that the child has attained the age at
  315  which he or she should be admitted in accordance with the
  316  provisions of subparagraph (1)(a)2. The district school
  317  superintendent may require evidence of the age of any child who
  318  is being enrolled in public school and who the district school
  319  superintendent believes to be within the limits of compulsory
  320  attendance as provided for by law; however, the district school
  321  superintendent may not require evidence from any child who meets
  322  regular attendance requirements by attending a school or program
  323  listed in s. 1003.01(12)(b)-(e) s. 1003.01(13)(b)-(e). If the
  324  first prescribed evidence is not available, the next evidence
  325  obtainable in the order set forth below shall be accepted:
  326         (a) A duly attested transcript of the child’s birth record
  327  filed according to law with a public officer charged with the
  328  duty of recording births;
  329         (b) A duly attested transcript of a certificate of baptism
  330  showing the date of birth and place of baptism of the child,
  331  accompanied by an affidavit sworn to by the parent;
  332         (c) An insurance policy on the child’s life that has been
  333  in force for at least 2 years;
  334         (d) A bona fide contemporary religious record of the
  335  child’s birth accompanied by an affidavit sworn to by the
  336  parent;
  337         (e) A passport or certificate of arrival in the United
  338  States showing the age of the child;
  339         (f) A transcript of record of age shown in the child’s
  340  school record of at least 4 years prior to application, stating
  341  date of birth; or
  342         (g) If none of these evidences can be produced, an
  343  affidavit of age sworn to by the parent, accompanied by a
  344  certificate of age signed by a public health officer or by a
  345  public school physician, or, if these are not available in the
  346  county, by a licensed practicing physician designated by the
  347  district school board, which states that the health officer or
  348  physician has examined the child and believes that the age as
  349  stated in the affidavit is substantially correct. Children and
  350  youths who are experiencing homelessness and children who are
  351  known to the department, as defined in s. 39.0016, shall be
  352  given temporary exemption from this section for 30 school days.
  353         Section 13. Paragraph (f) of subsection (1) of section
  354  1003.26, Florida Statutes, is amended to read:
  355         1003.26 Enforcement of school attendance.—The Legislature
  356  finds that poor academic performance is associated with
  357  nonattendance and that school districts must take an active role
  358  in promoting and enforcing attendance as a means of improving
  359  student performance. It is the policy of the state that each
  360  district school superintendent be responsible for enforcing
  361  school attendance of all students subject to the compulsory
  362  school age in the school district and supporting enforcement of
  363  school attendance by local law enforcement agencies. The
  364  responsibility includes recommending policies and procedures to
  365  the district school board that require public schools to respond
  366  in a timely manner to every unexcused absence, and every absence
  367  for which the reason is unknown, of students enrolled in the
  368  schools. District school board policies shall require the parent
  369  of a student to justify each absence of the student, and that
  370  justification will be evaluated based on adopted district school
  371  board policies that define excused and unexcused absences. The
  372  policies must provide that public schools track excused and
  373  unexcused absences and contact the home in the case of an
  374  unexcused absence from school, or an absence from school for
  375  which the reason is unknown, to prevent the development of
  376  patterns of nonattendance. The Legislature finds that early
  377  intervention in school attendance is the most effective way of
  378  producing good attendance habits that will lead to improved
  379  student learning and achievement. Each public school shall
  380  implement the following steps to promote and enforce regular
  381  school attendance:
  382         (1) CONTACT, REFER, AND ENFORCE.—
  383         (f)1. If the parent of a child who has been identified as
  384  exhibiting a pattern of nonattendance enrolls the child in a
  385  home education program pursuant to chapter 1002, the district
  386  school superintendent shall provide the parent a copy of s.
  387  1002.41 and the accountability requirements of this paragraph.
  388  The district school superintendent shall also refer the parent
  389  to a home education review committee composed of the district
  390  contact for home education programs and at least two home
  391  educators selected by the parent from a district list of all
  392  home educators who have conducted a home education program for
  393  at least 3 years and who have indicated a willingness to serve
  394  on the committee. The home education review committee shall
  395  review the portfolio of the student, as defined by s. 1002.41,
  396  every 30 days during the district’s regular school terms until
  397  the committee is satisfied that the home education program is in
  398  compliance with s. 1002.41(1)(d). The first portfolio review
  399  must occur within the first 30 calendar days of the
  400  establishment of the program. The provisions of subparagraph 2.
  401  do not apply once the committee determines the home education
  402  program is in compliance with s. 1002.41(1)(d).
  403         2. If the parent fails to provide a portfolio to the
  404  committee, the committee must shall notify the district school
  405  superintendent. The district school superintendent shall then
  406  terminate the home education program and require the parent to
  407  enroll the child in an attendance option that meets the
  408  definition of “regular school attendance” under s.
  409  1003.01(12)(a), (b), (c), or (e) s. 1003.01(13)(a), (b), (c), or
  410  (e), within 3 days. Upon termination of a home education program
  411  pursuant to this subparagraph, the parent is shall not be
  412  eligible to reenroll the child in a home education program for
  413  180 calendar days. Failure of a parent to enroll the child in an
  414  attendance option as required by this subparagraph after
  415  termination of the home education program pursuant to this
  416  subparagraph shall constitute noncompliance with the compulsory
  417  attendance requirements of s. 1003.21 and may result in criminal
  418  prosecution under s. 1003.27(2). Nothing contained herein shall
  419  restrict the ability of the district school superintendent, or
  420  the ability of his or her designee, to review the portfolio
  421  pursuant to s. 1002.41(1)(e).
  422         Section 14. Subsection (4) of section 1003.52, Florida
  423  Statutes, is amended to read:
  424         1003.52 Educational services in Department of Juvenile
  425  Justice programs.—
  426         (4) Educational services shall be provided at times of the
  427  day most appropriate for the juvenile justice program. School
  428  programming in juvenile justice detention, prevention, day
  429  treatment, and residential programs shall be made available by
  430  the local school district during the juvenile justice school
  431  year, as provided in s. 1003.01(10) s. 1003.01(11). In addition,
  432  students in juvenile justice education programs shall have
  433  access to courses offered pursuant to ss. 1002.37, 1002.45, and
  434  1003.498. The Department of Education and the school districts
  435  shall adopt policies necessary to provide such access.
  436         Section 15. Paragraph (a) of subsection (1) and paragraph
  437  (b) of subsection (2) of section 1006.07, Florida Statutes, are
  438  amended to read:
  439         1006.07 District school board duties relating to student
  440  discipline and school safety.—The district school board shall
  441  provide for the proper accounting for all students, for the
  442  attendance and control of students at school, and for proper
  443  attention to health, safety, and other matters relating to the
  444  welfare of students, including:
  445         (1) CONTROL OF STUDENTS.—
  446         (a) Adopt rules for the control, discipline, in-school
  447  suspension, suspension, and expulsion of students and decide all
  448  cases recommended for expulsion. Suspension hearings are exempt
  449  exempted from the provisions of chapter 120. Expulsion hearings
  450  shall be governed by ss. 120.569 and 120.57(2) and are exempt
  451  from s. 286.011. However, the student’s parent must be given
  452  notice of the provisions of s. 286.011 and may elect to have the
  453  hearing held in compliance with that section. The district
  454  school board may prohibit the use of corporal punishment, if the
  455  district school board adopts or has adopted a written program of
  456  alternative control or discipline.
  457         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  458  conduct for elementary schools and a code of student conduct for
  459  middle and high schools and distribute the appropriate code to
  460  all teachers, school personnel, students, and parents, at the
  461  beginning of every school year. Each code shall be organized and
  462  written in language that is understandable to students and
  463  parents and shall be discussed at the beginning of every school
  464  year in student classes, school advisory council meetings, and
  465  parent and teacher association or organization meetings. Each
  466  code shall be based on the rules governing student conduct and
  467  discipline adopted by the district school board and shall be
  468  made available in the student handbook or similar publication.
  469  Each code shall include, but is not limited to:
  470         (b) Procedures to be followed for acts requiring
  471  discipline, including corporal punishment.
  472         Section 16. Paragraph (c) of subsection (6) of section
  473  1012.2315, Florida Statutes, is amended to read:
  474         1012.2315 Assignment of teachers.—
  477         (c) For a student enrolling in an extracurricular course as
  478  defined in s. 1003.01 s. 1003.01(15), a parent may choose to
  479  have the student taught by a teacher who received a performance
  480  evaluation of “needs improvement” or “unsatisfactory” in the
  481  preceding school year if the student and the student’s parent
  482  receive an explanation of the impact of teacher effectiveness on
  483  student learning and the principal receives written consent from
  484  the parent.
  485         Section 17. Subsection (5) of section 1012.28, Florida
  486  Statutes, is amended to read:
  487         1012.28 Public school personnel; duties of school
  488  principals.—
  489         (5) Each school principal shall perform such duties as may
  490  be assigned by the district school superintendent, pursuant to
  491  the rules of the district school board. Such rules shall
  492  include, but are not limited to, rules relating to
  493  administrative responsibility, instructional leadership in
  494  implementing the Sunshine State Standards and the overall
  495  educational program of the school to which the school principal
  496  is assigned, submission of personnel recommendations to the
  497  district school superintendent, administrative responsibility
  498  for records and reports, administration of corporal punishment,
  499  and student suspension.
  500         Section 18. This act shall take effect July 1, 2019.