Florida Senate - 2021                                    SB 1284
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01584A-21                                          20211284__
    1                        A bill to be entitled                      
    2         An act relating to the reporting of school safety
    3         issues; providing a short title; amending s. 1001.212,
    4         F.S.; requiring data from a specified hotline to be
    5         included in a certain centralized integrated data
    6         repository; requiring the Office of Safe Schools to
    7         establish and operate a hotline for specified
    8         purposes; requiring the office to award grants through
    9         a specified program; amending s. 1006.07, F.S.;
   10         requiring threat assessment teams to report all
   11         threats and incidents to the school principal;
   12         requiring school principals to report certain threats
   13         and incidents to the district school superintendent,
   14         the office, and all school personnel and parents;
   15         providing requirements for such reports; requiring
   16         threat assessment teams to provide specified training
   17         to all school personnel; requiring training curriculum
   18         to be annually approved by the district school safety
   19         specialist and the office; providing requirements for
   20         school personnel; requiring the office to take
   21         specified actions under certain conditions; providing
   22         for a loss of or a reduction in specified grant
   23         funding for noncompliant schools; creating s.
   24         1006.1494, F.S.; establishing the Safe Schools Grant
   25         Program; providing for funding and administration of
   26         the program; requiring the office to establish an
   27         application process and determine school eligibility;
   28         providing for the award of grants to eligible schools;
   29         providing for the office to prorate the amounts of
   30         such grants; providing that schools lose grant
   31         eligibility for specified periods of time under
   32         certain circumstances; requiring the State Board of
   33         Education to adopt rules to administer the program;
   34         providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. This act may be cited as the “Parents Need to
   39  Know Act”.
   40         Section 2. Paragraph (f) of subsection (6) and subsections
   41  (8) and (9) of section 1001.212, Florida Statutes, are amended
   42  to read:
   43         1001.212 Office of Safe Schools.—There is created in the
   44  Department of Education the Office of Safe Schools. The office
   45  is fully accountable to the Commissioner of Education. The
   46  office shall serve as a central repository for best practices,
   47  training standards, and compliance oversight in all matters
   48  regarding school safety and security, including prevention
   49  efforts, intervention efforts, and emergency preparedness
   50  planning. The office shall:
   51         (6) Coordinate with the Department of Law Enforcement to
   52  provide a centralized integrated data repository and data
   53  analytics resources to improve access to timely, complete, and
   54  accurate information integrating data from, at a minimum, but
   55  not limited to, the following data sources by August 1, 2019:
   56         (f) School environmental safety incident reports and
   57  records from reports to the hotline collected under subsection
   58  (8); and
   59  
   60  Data that is exempt or confidential and exempt from public
   61  records requirements retains its exempt or confidential and
   62  exempt status when incorporated into the centralized integrated
   63  data repository. To maintain the confidentiality requirements
   64  attached to the information provided to the centralized
   65  integrated data repository by the various state and local
   66  agencies, data governance and security shall ensure compliance
   67  with all applicable state and federal data privacy requirements
   68  through the use of user authorization and role-based security,
   69  data anonymization and aggregation and auditing capabilities. To
   70  maintain the confidentiality requirements attached to the
   71  information provided to the centralized integrated data
   72  repository by the various state and local agencies, each source
   73  agency providing data to the repository shall be the sole
   74  custodian of the data for the purpose of any request for
   75  inspection or copies thereof under chapter 119. The department
   76  shall only allow access to data from the source agencies in
   77  accordance with rules adopted by the respective source agencies
   78  and the requirements of the Federal Bureau of Investigation
   79  Criminal Justice Information Services security policy, where
   80  applicable.
   81         (8)(a) Provide technical assistance to school districts and
   82  charter school governing boards for school environmental safety
   83  incident reporting as required under s. 1006.07(9).
   84         (b)Establish and operate a hotline for parents to report
   85  school safety issues and for school district or school personnel
   86  to report a threat assessment team’s or principal’s
   87  noncompliance with s. 1006.07(7)(f). Such reports may be made
   88  via a single statewide toll-free telephone number or a web-based
   89  report.
   90         (c)The office shall Collect data through school
   91  environmental safety incident reports and the hotline on
   92  incidents involving any person which occur on school premises,
   93  on school transportation, and at off-campus, school-sponsored
   94  events and noncompliance with s. 1006.07(7)(f).
   95         (d)The office shall Review and evaluate school district
   96  reports to ensure compliance with reporting requirements. Upon
   97  notification by the department that a superintendent has failed
   98  to comply with the requirements of s. 1006.07(9), the district
   99  school board shall withhold further payment of his or her salary
  100  as authorized under s. 1001.42(13)(b) and impose other
  101  appropriate sanctions that the commissioner or state board by
  102  law may impose.
  103         (9) Award grants to schools through the Safe Schools Grant
  104  Program under s. 1006.1494 to improve the safety and security of
  105  school buildings based upon recommendations of the security risk
  106  assessment developed pursuant to subsection (1).
  107         Section 3. Subsections (7) and (9) of section 1006.07,
  108  Florida Statutes, are amended to read:
  109         1006.07 District school board duties relating to student
  110  discipline and school safety.—The district school board shall
  111  provide for the proper accounting for all students, for the
  112  attendance and control of students at school, and for proper
  113  attention to health, safety, and other matters relating to the
  114  welfare of students, including:
  115         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  116  shall adopt policies for the establishment of threat assessment
  117  teams at each school whose duties include the coordination of
  118  resources and assessment and intervention with individuals whose
  119  behavior may pose a threat to the safety of school staff or
  120  students consistent with the model policies developed by the
  121  Office of Safe Schools and the reporting of such threats as
  122  required by this subsection. Such policies must include
  123  procedures for referrals to mental health services identified by
  124  the school district pursuant to s. 1012.584(4), when
  125  appropriate, and procedures for behavioral threat assessments in
  126  compliance with the instrument developed pursuant to s.
  127  1001.212(12).
  128         (a) A threat assessment team shall include persons with
  129  expertise in counseling, instruction, school administration, and
  130  law enforcement. The threat assessment teams shall identify
  131  members of the school community to whom threatening behavior
  132  should be reported and provide guidance to students, faculty,
  133  and staff regarding recognition of threatening or aberrant
  134  behavior that may represent a threat to the community, school,
  135  or self. Upon the availability of the behavioral threat
  136  assessment instrument developed pursuant to s. 1001.212(12), the
  137  threat assessment team shall use that instrument.
  138         (b) Upon a preliminary determination that a student poses a
  139  threat of violence or physical harm to himself or herself or
  140  others, a threat assessment team shall immediately report its
  141  determination to the superintendent or his or her designee. The
  142  superintendent or his or her designee shall immediately attempt
  143  to notify the student’s parent or legal guardian. Nothing in
  144  this subsection shall preclude school district personnel from
  145  acting immediately to address an imminent threat.
  146         (c) Upon a preliminary determination by the threat
  147  assessment team that a student poses a threat of violence to
  148  himself or herself or others or exhibits significantly
  149  disruptive behavior or need for assistance, authorized members
  150  of the threat assessment team may obtain criminal history record
  151  information pursuant to s. 985.04(1). A member of a threat
  152  assessment team may not disclose any criminal history record
  153  information obtained pursuant to this section or otherwise use
  154  any record of an individual beyond the purpose for which such
  155  disclosure was made to the threat assessment team.
  156         (d) Notwithstanding any other provision of law, all state
  157  and local agencies and programs that provide services to
  158  students experiencing or at risk of an emotional disturbance or
  159  a mental illness, including the school districts, school
  160  personnel, state and local law enforcement agencies, the
  161  Department of Juvenile Justice, the Department of Children and
  162  Families, the Department of Health, the Agency for Health Care
  163  Administration, the Agency for Persons with Disabilities, the
  164  Department of Education, the Statewide Guardian Ad Litem Office,
  165  and any service or support provider contracting with such
  166  agencies, may share with each other records or information that
  167  are confidential or exempt from disclosure under chapter 119 if
  168  the records or information are reasonably necessary to ensure
  169  access to appropriate services for the student or to ensure the
  170  safety of the student or others. All such state and local
  171  agencies and programs shall communicate, collaborate, and
  172  coordinate efforts to serve such students.
  173         (e) If an immediate mental health or substance abuse crisis
  174  is suspected, school personnel shall follow policies established
  175  by the threat assessment team to engage behavioral health crisis
  176  resources. Behavioral health crisis resources, including, but
  177  not limited to, mobile crisis teams and school resource officers
  178  trained in crisis intervention, shall provide emergency
  179  intervention and assessment, make recommendations, and refer the
  180  student for appropriate services. Onsite school personnel shall
  181  report all such situations and actions taken to the threat
  182  assessment team, which shall contact the other agencies involved
  183  with the student and any known service providers to share
  184  information and coordinate any necessary followup actions. Upon
  185  the student’s transfer to a different school, the threat
  186  assessment team shall verify that any intervention services
  187  provided to the student remain in place until the threat
  188  assessment team of the receiving school independently determines
  189  the need for intervention services.
  190         (f)1.Each threat assessment team must report any threat or
  191  incident to the school principal as soon as reasonably possible.
  192         2.Each school principal must report a threat or incident
  193  that affects the safety of a school; affects the health, safety,
  194  or welfare of a student or school personnel; or involves a
  195  violent criminal act on school grounds or at a school-sponsored
  196  event within 24 hours after the discovery of the threat or
  197  incident, including what actions were taken in response to the
  198  threat or incident and what actions a parent may take if he or
  199  she has continued concerns regarding the threat or incident.
  200  Notwithstanding any other provision of law, each report must
  201  include any threat or incident that involves a student with a
  202  disability. The reports may not include identifying information,
  203  including the names, of students or school personnel.
  204         a.The school principal must report a threat or incident
  205  under subparagraph 2. to all of the following:
  206         (I)The district school superintendent pursuant to
  207  subsection (9).
  208         (II)The Office of Safe Schools.
  209         (III)All school personnel employed by such school.
  210         (IV)Parents of all students enrolled at such school.
  211         b. A threat or incident that must be reported by the
  212  school principal under subparagraph 2. includes, but is not
  213  limited to, all of the following:
  214         (I)The possession of a weapon of any kind on any portion
  215  of school grounds, including lockers, fields, easements, and
  216  motor vehicles. This sub-sub-subparagraph does not apply to a
  217  person who legally carries a weapon onto school grounds.
  218         (II)A threat of murder or maiming against a student or
  219  school personnel.
  220         (III)An incident of trespassing. The report must include
  221  information on how the trespasser gained access to school
  222  grounds.
  223         (IV)An allegation of sexual assault.
  224         (V)An allegation of misconduct by school personnel that
  225  affects the health, safety, or welfare of a student.
  226         (VI)An incident of violence in which a person was provided
  227  medical care by a paramedic or was transported to a hospital.
  228         (VII)A failure to secure the perimeter of school grounds,
  229  even if the perimeter was not breached. The report must include
  230  the length of time during which the perimeter was unsecured.
  231         3.Each threat assessment team shall provide training to
  232  all school personnel regarding the requirements of this
  233  paragraph. The training curriculum must be annually approved by
  234  the district school safety specialist and the Office of Safe
  235  Schools. Each member of school personnel must affirm that he or
  236  she received such training and understands what threats or
  237  incidents must be reported and to whom, including who to contact
  238  on the threat assessment team, and the method for reporting such
  239  threats or incidents, including the hotline telephone number or
  240  website address provided by the office under s. 1001.212. If a
  241  member of school personnel contacts the office with questions
  242  regarding this paragraph, the office must provide guidance as
  243  necessary.
  244         4.If a threat assessment team or school principal fails to
  245  meet the requirements of this paragraph, the office shall
  246  investigate such failure. For purposes of the Safe Schools Grant
  247  Program under s. 1006.1494, the office shall annually establish
  248  each school’s eligibility for a Safe Schools grant. If 5 percent
  249  or more of the schools within a school district fail to comply
  250  with this paragraph at least once within a 7-year period, the
  251  school district must retrain all staff personnel within the
  252  school district and shall have the amount of Safe Schools grant
  253  funds under s. 1006.1494 for which its schools are eligible
  254  reduced pursuant to that section. The office shall calculate the
  255  percentage of schools within each school district that fail to
  256  comply with this paragraph at the end of each school year.
  257         5.Every 5 years, the office must audit each school
  258  district for compliance with this paragraph. The audit must
  259  include school visits, reviews of actual referrals submitted by
  260  teachers to ensure that such referrals are handled correctly,
  261  and interviews with school personnel and school district staff
  262  to ensure proper training and compliance with this paragraph.
  263  Such interviews must be conducted randomly.
  264         (g)(f) Each threat assessment team established pursuant to
  265  this subsection shall report quantitative data on its activities
  266  to the Office of Safe Schools in accordance with guidance from
  267  the office and shall utilize the threat assessment database
  268  developed pursuant to s. 1001.212(13) upon the availability of
  269  the database.
  270         (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
  271  district school board shall adopt policies to ensure the
  272  accurate and timely reporting of incidents related to school
  273  safety and discipline, including reporting threats or incidents
  274  of violent criminal acts on school grounds or at school
  275  sponsored events to the district school superintendent, the
  276  office, all school personnel, and all parents pursuant to
  277  subparagraph (7)(f)2. The district school superintendent is
  278  responsible for school environmental safety incident reporting.
  279  A district school superintendent who fails to comply with this
  280  subsection is subject to the penalties specified in law,
  281  including, but not limited to, s. 1001.42(13)(b) or s.
  282  1001.51(12)(b), as applicable. The State Board of Education
  283  shall adopt rules establishing the requirements for the school
  284  environmental safety incident report.
  285         Section 4. Section 1006.1494, Florida Statutes, is created
  286  to read:
  287         1006.1494Safe Schools Grant Program.—There is established
  288  the Safe Schools Grant Program, a lottery-funded program, to be
  289  administered by the Office of Safe Schools within the Department
  290  of Education. Funding for such program shall be annually
  291  allocated from the Education Enhancement Trust Fund.
  292         (1)The office shall establish an application process for
  293  awarding a grant under this section. Each eligible school shall
  294  receive a grant pursuant to this section. The amount of each
  295  grant shall be based on the size of the school’s enrollment. The
  296  office shall prorate the amount of each grant to ensure that all
  297  eligible schools that apply receive a grant. Subject to
  298  available funds, the office may award bonus grants to schools
  299  that have successfully complied with s. 1006.07(7)(f) for 3 or
  300  more consecutive years.
  301         (2)Annually, the office shall determine each school’s
  302  eligibility for a grant by ensuring compliance with s.
  303  1006.07(7)(f). A school that does not comply with s.
  304  1006.07(7)(f) shall lose its grant eligibility as follows:
  305         (a)First noncompliance within a 7-year period: the office
  306  shall perform an audit of the last 6 months of activity for the
  307  school’s threat assessment team.
  308         (b)Second noncompliance within a 7-year period: the school
  309  shall lose its eligibility to receive a grant under this section
  310  for a period of 1 year.
  311         (c)Third noncompliance within a 7-year period: the school
  312  shall lose its eligibility to receive a grant under this section
  313  for a period of 3 years.
  314         (d)Fourth or subsequent noncompliance within a 7-year
  315  period: the school shall lose its eligibility to receive a grant
  316  under this section for a period of 5 years.
  317  
  318  If 5 percent or more of the schools within a school district
  319  fail to comply at least once within a 7-year period, the school
  320  district must retrain all staff personnel within the school
  321  district and shall have the amount of grant funds for which its
  322  schools are eligible reduced by 30 percent. Any reduction in the
  323  amount of funding for which such schools are eligible shall be
  324  applied to the following school year.
  325         (3)The State Board of Education shall adopt rules to
  326  administer this section.
  327         Section 5. This act shall take effect July 1, 2021.