Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 590
Ì832246)Î832246
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Harrell) recommended the
following:
1 Senate Amendment
2
3 Delete lines 79 - 163
4 and insert:
5 19. A reasonable attempt to notify Immediate notification
6 to a student’s parent, guardian, or caregiver before if the
7 student is removed from school, school transportation, or a
8 school-sponsored activity to be and taken to a receiving
9 facility for an involuntary examination pursuant to s. 394.463,
10 including and subject to the requirements and exceptions
11 established under ss. 1002.20(3) and 1002.33(9), as applicable.
12 Section 2. Subsection (4) of section 394.463, Florida
13 Statutes, is amended to read:
14 394.463 Involuntary examination.—
15 (4) DATA ANALYSIS.—Using data collected under paragraph
16 (2)(a), the department shall, at a minimum, analyze data on both
17 the initiation of involuntary examinations of children and the
18 initiation of involuntary examinations of students who are
19 removed from a school, identify any patterns or trends and cases
20 in which involuntary examinations are repeatedly initiated on
21 the same child or student, study root causes for such patterns,
22 trends, or repeated involuntary examinations, and make
23 recommendations to encourage the use of for encouraging
24 alternatives to eliminate and eliminating inappropriate
25 initiations of such examinations. The department shall submit a
26 report on its findings and recommendations to the Governor, the
27 President of the Senate, and the Speaker of the House of
28 Representatives by November 1 of each odd-numbered odd numbered
29 year.
30 Section 3. Subsection (7) of section 1001.212, Florida
31 Statutes, is amended to read:
32 1001.212 Office of Safe Schools.—There is created in the
33 Department of Education the Office of Safe Schools. The office
34 is fully accountable to the Commissioner of Education. The
35 office shall serve as a central repository for best practices,
36 training standards, and compliance oversight in all matters
37 regarding school safety and security, including prevention
38 efforts, intervention efforts, and emergency preparedness
39 planning. The office shall:
40 (7) Provide data to support the evaluation of mental health
41 services pursuant to s. 1004.44. Such data must include, for
42 each school, the number of involuntary examinations as defined
43 in s. 394.455 which are initiated at the school, on school
44 transportation, or at a school-sponsored activity and the number
45 of children for whom an examination is initiated.
46 Section 4. Paragraph (l) of subsection (3) of section
47 1002.20, Florida Statutes, is amended to read:
48 1002.20 K-12 student and parent rights.—Parents of public
49 school students must receive accurate and timely information
50 regarding their child’s academic progress and must be informed
51 of ways they can help their child to succeed in school. K-12
52 students and their parents are afforded numerous statutory
53 rights including, but not limited to, the following:
54 (3) HEALTH ISSUES.—
55 (l) Notification of involuntary examinations.—
56 1. Except as provided in subparagraph 2., the public school
57 principal or the principal’s designee shall make a reasonable
58 attempt to immediately notify the parent of a student before the
59 student who is removed from school, school transportation, or a
60 school-sponsored activity to be and taken to a receiving
61 facility for an involuntary examination pursuant to s. 394.463.
62 2. The principal or the principal’s designee may delay the
63 required notification for no more than 24 hours after the
64 student is removed if:
65 a. The principal or the principal’s designee deems the
66 delay to be in the student’s best interest and if a report has
67 been submitted to the central abuse hotline, pursuant to s.
68 39.201, based upon knowledge or suspicion of abuse, abandonment,
69 or neglect; or
70 b. The principal or principal’s designee reasonably
71 believes that such delay is necessary to avoid jeopardizing the
72 health and safety of the student.
73 3. Before a principal or his or her designee contacts a law
74 enforcement officer, he or she must verify that deescalation de
75 escalation strategies have been utilized and outreach to a
76 mobile response team has been initiated unless the principal or
77 the principal’s designee reasonably believes that any delay in
78 removing the student will increase the likelihood of harm to the
79 student or others. This requirement does not supersede the
80 authority of a law enforcement officer to act under s. 394.463.
81
82 Each district school board shall develop a policy and procedures
83 for notification under this paragraph.
84 Section 5. Paragraph (q) of subsection (9) of section
85 1002.33, Florida Statutes, is amended to read:
86 1002.33 Charter schools.—
87 (9) CHARTER SCHOOL REQUIREMENTS.—
88 (q)1. The charter school principal or the principal’s
89 designee shall make a reasonable attempt to immediately notify
90 the parent of a student before