Florida Senate - 2022                                    SB 1072
       
       
        
       By Senator Jones
       
       
       
       
       
       35-00123-22                                           20221072__
    1                        A bill to be entitled                      
    2         An act relating to school discipline report cards;
    3         amending s. 1001.212, F.S.; requiring the Office of
    4         Safe Schools, beginning with a certain school year, to
    5         develop and publish on its website school discipline
    6         report cards based on data collected through school
    7         environmental safety incident reports; specifying
    8         requirements for the reports; amending ss. 1001.10,
    9         1006.1493, and 1006.07, F.S.; conforming cross
   10         references; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsections (9) through (15) of section
   15  1001.212, Florida Statutes, are redesignated as subsections (10)
   16  through (16), respectively, a new subsection (9) is added to
   17  that section, and present subsection (13) of that section is
   18  amended, to read:
   19         1001.212 Office of Safe Schools.—There is created in the
   20  Department of Education the Office of Safe Schools. The office
   21  is fully accountable to the Commissioner of Education. The
   22  office shall serve as a central repository for best practices,
   23  training standards, and compliance oversight in all matters
   24  regarding school safety and security, including prevention
   25  efforts, intervention efforts, and emergency preparedness
   26  planning. The office shall:
   27         (9) Beginning with the 2023-2024 school year, develop and
   28  publish on its website school discipline report cards based on
   29  data collected through school environmental safety incident
   30  reports pursuant to subsection (8). The report cards must show
   31  data at the school, school district, and state levels and must
   32  do all the following:
   33         (a)Allow data to be broken down by type of incident or
   34  type of discipline imposed.
   35         (b)Allow data to be broken down by sex, race, English
   36  language learner status, and disability.
   37         (c)Allow comparison of a school’s demographic data with
   38  the demographic data of the school district in which the school
   39  is located and the demographic data of this state.
   40         (d)Allow comparison of data by school, school district,
   41  and state levels.
   42         (14)(13) Establish the Statewide Threat Assessment Database
   43  Workgroup, composed of members appointed by the department, to
   44  complement the work of the department and the Department of Law
   45  Enforcement associated with the centralized integrated data
   46  repository and data analytics resources initiative and make
   47  recommendations regarding the development of a statewide threat
   48  assessment database. The database must allow authorized public
   49  school personnel to enter information related to any threat
   50  assessment conducted at their respective schools using the
   51  instrument developed by the office pursuant to subsection (13)
   52  (12), and must provide such information to authorized personnel
   53  in each school district and public school and to appropriate
   54  stakeholders. By December 31, 2019, the workgroup shall provide
   55  a report to the office with recommendations that include, but
   56  need not be limited to:
   57         (a) Threat assessment data that should be required to be
   58  entered into the database.
   59         (b) School district and public school personnel who should
   60  be allowed to input student records to the database and view
   61  such records.
   62         (c) Database design and functionality, to include data
   63  security.
   64         (d) Restrictions and authorities on information sharing,
   65  including:
   66         1. Section 1002.22 and other applicable state laws.
   67         2. The Family Educational Rights and Privacy Act (FERPA),
   68  20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance
   69  Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6,
   70  45 C.F.R. part 164, subpart E; and other applicable federal
   71  laws.
   72         3. The appropriateness of interagency agreements that will
   73  allow law enforcement to view database records.
   74         (e) The cost to develop and maintain a statewide online
   75  database.
   76         (f) An implementation plan and timeline for the workgroup
   77  recommendations.
   78         Section 2. Subsection (9) of section 1001.10, Florida
   79  Statutes, is amended to read:
   80         1001.10 Commissioner of Education; general powers and
   81  duties.—
   82         (9) The commissioner shall review the report of the School
   83  Hardening and Harm Mitigation Workgroup regarding hardening and
   84  harm mitigation strategies and recommendations submitted by the
   85  Office of Safe Schools, pursuant to s. 1001.212(12) s.
   86  1001.212(11). By September 1, 2020, the commissioner shall
   87  submit a summary of such recommendations to the Governor, the
   88  President of the Senate, and the Speaker of the House of
   89  Representatives.
   90         Section 3. Subsection (2) of section 1006.1493, Florida
   91  Statutes, is amended to read:
   92         1006.1493 Florida Safe Schools Assessment Tool.—
   93         (2) The FSSAT must help school officials identify threats,
   94  vulnerabilities, and appropriate safety controls for the schools
   95  that they supervise, pursuant to the security risk assessment
   96  requirements of s. 1006.07(6).
   97         (a) At a minimum, the FSSAT must address all of the
   98  following components:
   99         1. School emergency and crisis preparedness planning;
  100         2. Security, crime, and violence prevention policies and
  101  procedures;
  102         3. Physical security measures;
  103         4. Professional development training needs;
  104         5. An examination of support service roles in school
  105  safety, security, and emergency planning;
  106         6. School security and school police staffing, operational
  107  practices, and related services;
  108         7. School and community collaboration on school safety; and
  109         8. A return on investment analysis of the recommended
  110  physical security controls.
  111         (b) The department shall require by contract that the
  112  security consulting firm:
  113         1. Generate written automated reports on assessment
  114  findings for review by the department and school and district
  115  officials;
  116         2. Provide training to the department and school officials
  117  in the use of the FSSAT and other areas of importance identified
  118  by the department;
  119         3. Advise in the development and implementation of
  120  templates, formats, guidance, and other resources necessary to
  121  facilitate the implementation of this section at state,
  122  district, school, and local levels; and
  123         4. Review recommendations of the School Hardening and Harm
  124  Mitigation Workgroup established under s. 1001.212(12) s.
  125  1001.212(11) to address physical security measures identified by
  126  the FSSAT.
  127         Section 4. Subsection (7) of section 1006.07, Florida
  128  Statutes, is amended to read:
  129         1006.07 District school board duties relating to student
  130  discipline and school safety.—The district school board shall
  131  provide for the proper accounting for all students, for the
  132  attendance and control of students at school, and for proper
  133  attention to health, safety, and other matters relating to the
  134  welfare of students, including:
  135         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  136  shall adopt policies for the establishment of threat assessment
  137  teams at each school whose duties include the coordination of
  138  resources and assessment and intervention with individuals whose
  139  behavior may pose a threat to the safety of school staff or
  140  students consistent with the model policies developed by the
  141  Office of Safe Schools. Such policies must include procedures
  142  for referrals to mental health services identified by the school
  143  district pursuant to s. 1012.584(4), when appropriate, and
  144  procedures for behavioral threat assessments in compliance with
  145  the instrument developed pursuant to s. 1001.212(13) s.
  146  1001.212(12).
  147         (a) A threat assessment team shall include persons with
  148  expertise in counseling, instruction, school administration, and
  149  law enforcement. The threat assessment teams shall identify
  150  members of the school community to whom threatening behavior
  151  should be reported and provide guidance to students, faculty,
  152  and staff regarding recognition of threatening or aberrant
  153  behavior that may represent a threat to the community, school,
  154  or self. Upon the availability of the behavioral threat
  155  assessment instrument developed pursuant to s. 1001.212(13) s.
  156  1001.212(12), the threat assessment team shall use that
  157  instrument.
  158         (b) Upon a preliminary determination that a student poses a
  159  threat of violence or physical harm to himself or herself or
  160  others, a threat assessment team shall immediately report its
  161  determination to the superintendent or his or her designee. The
  162  superintendent or his or her designee shall immediately attempt
  163  to notify the student’s parent or legal guardian. Nothing in
  164  this subsection shall preclude school district personnel from
  165  acting immediately to address an imminent threat.
  166         (c) Upon a preliminary determination by the threat
  167  assessment team that a student poses a threat of violence to
  168  himself or herself or others or exhibits significantly
  169  disruptive behavior or need for assistance, authorized members
  170  of the threat assessment team may obtain criminal history record
  171  information pursuant to s. 985.04(1). A member of a threat
  172  assessment team may not disclose any criminal history record
  173  information obtained pursuant to this section or otherwise use
  174  any record of an individual beyond the purpose for which such
  175  disclosure was made to the threat assessment team.
  176         (d) Notwithstanding any other provision of law, all state
  177  and local agencies and programs that provide services to
  178  students experiencing or at risk of an emotional disturbance or
  179  a mental illness, including the school districts, school
  180  personnel, state and local law enforcement agencies, the
  181  Department of Juvenile Justice, the Department of Children and
  182  Families, the Department of Health, the Agency for Health Care
  183  Administration, the Agency for Persons with Disabilities, the
  184  Department of Education, the Statewide Guardian Ad Litem Office,
  185  and any service or support provider contracting with such
  186  agencies, may share with each other records or information that
  187  are confidential or exempt from disclosure under chapter 119 if
  188  the records or information are reasonably necessary to ensure
  189  access to appropriate services for the student or to ensure the
  190  safety of the student or others. All such state and local
  191  agencies and programs shall communicate, collaborate, and
  192  coordinate efforts to serve such students.
  193         (e) If an immediate mental health or substance abuse crisis
  194  is suspected, school personnel shall follow policies established
  195  by the threat assessment team to engage behavioral health crisis
  196  resources. Behavioral health crisis resources, including, but
  197  not limited to, mobile crisis teams and school resource officers
  198  trained in crisis intervention, shall provide emergency
  199  intervention and assessment, make recommendations, and refer the
  200  student for appropriate services. Onsite school personnel shall
  201  report all such situations and actions taken to the threat
  202  assessment team, which shall contact the other agencies involved
  203  with the student and any known service providers to share
  204  information and coordinate any necessary followup actions. Upon
  205  the student’s transfer to a different school, the threat
  206  assessment team shall verify that any intervention services
  207  provided to the student remain in place until the threat
  208  assessment team of the receiving school independently determines
  209  the need for intervention services.
  210         (f) Each threat assessment team established pursuant to
  211  this subsection shall report quantitative data on its activities
  212  to the Office of Safe Schools in accordance with guidance from
  213  the office and shall utilize the threat assessment database
  214  developed pursuant to s. 1001.212(14) s. 1001.212(13) upon the
  215  availability of the database.
  216         Section 5. This act shall take effect July 1, 2022.