Bill Amendment: FL H7029 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Code of Student Conduct
Status: 2014-06-20 - Chapter No. 2014-219 [H7029 Detail]
Download: Florida-2014-H7029-Senate_Floor_Amendment_Delete_All_184228.html
Bill Title: Code of Student Conduct
Status: 2014-06-20 - Chapter No. 2014-219 [H7029 Detail]
Download: Florida-2014-H7029-Senate_Floor_Amendment_Delete_All_184228.html
Florida Senate - 2014 SENATOR AMENDMENT Bill No. HB 7029 Ì1842284Î184228 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/23/2014 11:12 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Bullard moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 1006.07, Florida Statutes, is amended to 6 read: 7 1006.07 District school board duties relating to student 8 discipline and school safety.—The district school board shall 9 provide for the proper accounting for all students, for the 10 attendanceand controlof students at school, for the creation 11 of a safe and effective learning environment, and for the proper 12 attention to health, safety, and other matters relating to the 13 welfare of students, including the use of: 14 (1) INTERVENTIONS FOR AND DISCIPLINECONTROLOF STUDENTS.— 15 (a) Adopt rules for interventions and forthe control, 16 discipline,in-school suspension, suspension,and exclusionary 17 disciplineexpulsionof students and decide all cases 18 recommended for expulsion. As used in this section, the term 19 “exclusionary discipline” means a practice that removes a 20 student from instruction time in the student’s regular 21 classrooms, including in-school suspension, out-of-school 22 suspension, transfer to an alternative school, and expulsion. 23 Suspension hearings are exempted fromthe provisions ofchapter 24 120. Expulsion hearings shall be governed by ss. 120.569 and 25 120.57(2) and are exempt from s. 286.011. However, the student’s 26 parent must be given notice ofthe provisions ofs. 286.011 and 27 may elect to have the hearing held in compliance with that 28 section. The district school board may prohibit the use of 29 corporal punishment,if the district school board adopts or has 30 adopted a written program of alternative control or discipline. 31 In order to fulfill the paramount duty of this state to make 32 adequate provisions for the education of all children residing 33 within its borders in accordance with s. 1, Art. IX of the State 34 Constitution, the district school board shall make every effort 35 to reduce exclusionary discipline for minor misbehavior. 36 (b) Require each student at the time of initial 37 registration for school in the school district to note previous 38 school expulsions, arrests resulting in a charge, and juvenile 39 justice actions the student has had, and have the authority as 40 the district school board of a receiving school district to 41 honor the final order of expulsion or dismissal of a student by 42 any in-state or out-of-state public district school board or 43 private school, or lab school, for an act which would have been 44 grounds for expulsion according to the receiving district school 45 board’s code of student conduct, in accordance with the 46 following procedures: 47 1. A final order of expulsion shall be recorded in the 48 records of the receiving school district. 49 2. The expelled student applying for admission to the 50 receiving school district shall be advised of the final order of 51 expulsion. 52 3. The district school superintendent of the receiving 53 school district may recommend to the district school board that 54 the final order of expulsion be waived and the student be 55 admitted to the school district, or that the final order of 56 expulsion be honored and the student not be admitted to the 57 school district. If the student is admitted by the district 58 school board, with or without the recommendation of the district 59 school superintendent, the student may be placed in an 60 appropriate educational program at the direction of the district 61 school board. 62 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student 63 conduct for elementary schools and a code of student conduct for 64 middle and high schools and distribute the appropriate code to 65 all teachers, school personnel, students, and parents, at the 66 beginning of every school year. Each code must include 67 appropriate interventions and shall be organized and written in 68 language that is understandable to students and parents and 69 shall be discussed at the beginning of every school year in 70 student classes, school advisory council meetings, and parent 71 and teacher association or organization meetings. Each code 72 shall be based on the rules governing student conduct and 73 discipline adopted by the district school board and shall be 74 made available in the student handbook or similar publication. 75 Each code shall include, but is not limited to: 76 (a) Consistent policies and specific grounds for 77 disciplinary action, including exclusionary disciplinein-school78suspension, out-of-school suspension, expulsion,and any 79 disciplinary action that may be imposed for the possession or 80 use of alcohol on school property or while attending a school 81 function or for the illegal use, sale, or possession of 82 controlled substances as defined in chapter 893. 83 (b) Procedures to be followed for acts requiring 84 discipline, including corporal punishment. 85 (c) A discipline chart or matrix that indicates that a 86 student is not subject to exclusionary discipline for unexcused 87 tardiness, lateness, absence, or truancy; for violation of the 88 school dress code or rules regarding school uniforms; or for 89 behavior infractions that do not endanger the physical safety of 90 other students or staff members, including, but not limited to, 91 insubordination, defiance, disobedience, disrespect, or minor 92 classroom disruptions. The discipline chart or matrix must also: 93 1. Provide guidance on appropriate interventions and 94 consequences to be applied to behaviors or behavior categories 95 as provided in subparagraph 2. The school district may define 96 specific interventions and provide a list of interventions that 97 must be used and documented before exclusionary discipline is 98 considered unless a behavior poses a serious threat to school 99 safety. The interventions may include, but are not limited to: 100 a. Having a private conversation with the student about his 101 or her behavior and underlying issues that may have precipitated 102 the behavior. 103 b. Providing an opportunity for the student’s anger, fear, 104 or anxiety to subside. 105 c. Providing reflective activities, such as requiring the 106 student to write an essay about his or her behavior. 107 d. Participating in skill building and conflict resolution 108 activities, such as social-emotional cognitive skill building, 109 restorative circles, and restorative group conferencing. 110 e. Revoking student privileges. 111 f. Referring a student to a school counselor or social 112 worker. 113 g. Speaking to a student’s parent. 114 h. Referring a student to intervention outside the school 115 setting. 116 i. Ordering in-school detention or in-school suspension 117 during lunch, after school, or on the weekend. 118 2. Outline specific behaviors or behavior categories. Each 119 behavior or behavior category must include clear maximum 120 consequences to prevent inappropriate exclusionary consequences 121 for minor misbehavior and set clear requirements that must be 122 satisfied before imposing exclusionary discipline. The chart or 123 matrix must show that exclusionary discipline is a last resort 124 to be used only in cases of serious misconduct if in-school 125 interventions and consequences that do not lead to exclusionary 126 consequences are insufficient. 127 (d) A glossary of clearly defined terms and behaviors. 128 (e)(c)An explanation of the responsibilities, dignity, and 129 rights of and respect for students, including, but not limited 130 to, a student’s right not to be discriminated against based on 131 race, ethnicity, religion, disability, sexual orientation, or 132 gender identity; a student’s right to participate inwith regard133to attendance, respect for persons and property, knowledge and134observation of rules of conduct, the right to learn, free speech135andstudent publications,assembly, privacy, and participation136inschool programs, and school activities; and a student’s right 137 to exercise free speech, to assemble, and to maintain privacy. 138 (f) An explanation of the school’s dress code or rules 139 regarding school uniforms. 140(d)1. An explanation of the responsibilities of each141student with regard to appropriate dress, respect for self and142others, and the role that appropriate dress and respect for self143and others has on an orderly learning environment. Each district144school board shall adopt a dress code policy that prohibits a145student, while on the grounds of a public school during the146regular school day, from wearing clothing that exposes underwear147or body parts in an indecent or vulgar manner or that disrupts148the orderly learning environment.1492. Any student who violates the dress policy described in150subparagraph 1. is subject to the following disciplinary151actions:152a. For a first offense, a student shall be given a verbal153warning and the school principal shall call the student’s parent154or guardian.155b. For a second offense, the student is ineligible to156participate in any extracurricular activity for a period of time157not to exceed 5 days and the school principal shall meet with158the student’s parent or guardian.159c. For a third or subsequent offense, a student shall160receive an in-school suspension pursuant to s. 1003.01(5) for a161period not to exceed 3 days, the student is ineligible to162participate in any extracurricular activity for a period not to163exceed 30 days, and the school principal shall call the164student’s parent or guardian and send the parent or guardian a165written letter regarding the student’s in-school suspension and166ineligibility to participate in extracurricular activities.167(e) Notice that illegal use, possession, or sale of168controlled substances, as defined in chapter 893, by any student169while the student is upon school property or in attendance at a170school function is grounds for disciplinary action by the school171and may also result in criminal penalties being imposed.172 (g)(f)Notice that use of a wireless communications device 173 includes the possibility of the imposition of disciplinary 174 action by the school or criminal penalties if the device is used 175 in a criminal act. A student may possess a wireless 176 communications device while the student is on school property or 177 in attendance at a school function. Each district school board 178 shall adopt rules governing the use of a wireless communications 179 device by a student while the student is on school property or 180 in attendance at a school function. 181(g) Notice that the possession of a firearm or weapon as182defined in chapter 790 by any student while the student is on183school property or in attendance at a school function is grounds184for disciplinary action and may also result in criminal185prosecution.186 (h) Notice that violence against any district school board 187 personnel by a student is grounds for exclusionary discipline 188in-school suspension, out-of-school suspension, expulsion,or 189 imposition of other disciplinary action by the school and may 190 also result in criminal penalties being imposed. 191 (i) Notice that violation ofdistrict school board192 transportation policies of a district school board, including 193 disruptive behavior on a school bus or at a school bus stop,by194a studentis grounds forsuspension of the student’s privilege195of riding on a school bus and may be grounds fordisciplinary 196 action by the schooland may also result in criminal penalties197being imposed. 198 (j) Notice that a student who is determined to have brought 199 a weapon or firearm, as defined in s. 790.001 or 18 U.S.C. s. 200 921, to school, to a school function, or onto school-sponsored 201 transportation, or to have possessed a weapon or firearm at 202 school, will be expelled from the student’s regular school for 203 at least 1 full year and referred to the criminal justice system 204 or juvenile justice system. 205 1. A district school superintendent may consider the 206 requirement of 1-year expulsion on a case-by-case basis and may 207 request the district school board to modify the requirement by 208 assigning the student to a disciplinary program or second chance 209 school if: 210 a. The request for modification is in writing; and 211 b. The modification is determined to be in the best 212 interest of the student and the school district. 213 2.a. Simulating a firearm or weapon while playing or 214 wearing clothing or accessories that depict a firearm or weapon 215 or expressing an opinion regarding a right guaranteed by the 216 Second Amendment to the United States Constitution is not 217 grounds for disciplinary action or referral to the criminal 218 justice or juvenile justice system under this section or s. 219 1006.13. Simulating a firearm or weapon while playing includes, 220 but is not limited to: 221 (I) Brandishing a partially consumed pastry or other food 222 item to simulate a firearm or weapon. 223 (II) Possessing a toy firearm or weapon that is 2 inches or 224 less in overall length. 225 (III) Possessing a toy firearm or weapon made of plastic 226 snap-together building blocks. 227 (IV) Using a finger or hand to simulate a firearm or 228 weapon. 229 (V) Vocalizing sounds of an imaginary firearm or weapon. 230 (VI) Drawing a picture or possessing an image of a firearm 231 or weapon. 232 (VII) Using a pencil, pen, or other writing or drawing 233 utensil to simulate a firearm or weapon. 234 b. A student may be subject to disciplinary action if 235 simulating a firearm or weapon while playing substantially 236 disrupts student learning, causes bodily harm to another person, 237 or places another person in reasonable fear of bodily harm. The 238 severity of consequences imposed upon a student, including 239 referral to the criminal justice or juvenile justice system, 240 must be proportionate to the severity of the infraction and 241 consistent with district school board policies for similar 242 infractions. If a student is disciplined for such conduct, the 243 school principal or his or her designee must call the student’s 244 parent. Disciplinary action resulting from a student’s clothing 245 or accessories shall be determined pursuant to paragraph (f) 246 unless the wearing of the clothing or accessory causes a 247 substantial disruption to student learning, in which case the 248 infraction may be addressed in a manner that is consistent with 249 district school board policies for similar infractions. This 250 paragraph does not prohibit a public school from adopting a 251 school uniform policy. 252 (k)(j)Notice that violation of the district school board’s 253 sexual harassment policy by a student is grounds for 254 exclusionary disciplinein-school suspension, out-of-school255suspension, expulsion,or imposition of other disciplinary 256 action by the school and may also result in criminal penalties 257 being imposed. 258(k) Policies to be followed for the assignment of violent259or disruptive students to an alternative educational program.260(l) Notice that any student who is determined to have261brought a firearm or weapon, as defined in chapter 790, to262school, to any school function, or onto any school-sponsored263transportation, or to have possessed a firearm at school, will264be expelled, with or without continuing educational services,265from the student’s regular school for a period of not less than2661 full year and referred to the criminal justice or juvenile267justice system. District school boards may assign the student to268a disciplinary program or second chance school for the purpose269of continuing educational services during the period of270expulsion. District school superintendents may consider the 1271year expulsion requirement on a case-by-case basis and request272the district school board to modify the requirement by assigning273the student to a disciplinary program or second chance school if274the request for modification is in writing and it is determined275to be in the best interest of the student and the school system.276 (l)(m)Notice that any student who is determined to have 277 made a threat or false report, as provided indefined byss. 278 790.162 and 790.163, respectively, involving the school’sschool279 or school personnel’s property, school transportation, or a 280 school-sponsored activity maywillbe expelled, withor without281 continuing educational services, from the student’s regular 282 school for at leasta period of not less than1 full year and 283 referred to theforcriminal justice system or juvenile justice 284 systemprosecution. The code of student conduct must also 285 provide notice that a district school superintendentboards may286assign the student to a disciplinary program or second chance287school for the purpose of continuing educational services during288the period of expulsion. District school superintendentsmay 289 consider the requirement of a 1-year expulsionrequirementon a 290 case-by-case basis and may request the district school board to 291 modify the requirement by assigning the student to a 292 disciplinary program or second chance school if the request for 293 modification is in writing and the modificationitis determined 294 to be in the best interest of the student and the school system. 295 (m) A clear and complete explanation of due process rights 296 afforded to a student, including a student with a disability, 297 and the types of exclusionary discipline to which a student may 298 be subjected. 299 (3) STUDENT CRIME WATCH PROGRAM.—By resolution of the 300 district school board, implement a student crime watch program 301 to promote responsibility among students and to assist in the 302 control of criminal behavior within the schools. 303 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.— 304 (a) Formulate and prescribe policies and procedures for 305 emergency drills and for actual emergencies, including, but not 306 limited to, fires, natural disasters, and bomb threats, for all 307 the public schools of the district which comprise grades K-12. 308 District school board policies shall include commonly used alarm 309 system responses for specific types of emergencies and 310 verification by each school that drills have been provided as 311 required by law and fire protection codes. The emergency 312 response agency that is responsible for notifying the school 313 district for each type of emergency must be listed in the 314 district’s emergency response policy. 315 (b) Establish model emergency management and emergency 316 preparedness procedures, including emergency notification 317 procedures pursuant to paragraph (a), for the following life 318 threatening emergencies: 319 1. Weapon-use and hostage situations. 320 2. Hazardous materials or toxic chemical spills. 321 3. Weather emergencies, including hurricanes, tornadoes, 322 and severe storms. 323 4. Exposure as a result of a manmade emergency. 324 (5) EDUCATIONAL SERVICES IN DETENTION FACILITIES.—Offer 325 educational services to minors who have not graduated from high 326 school and eligible students with disabilities under the age of 327 22 who have not graduated with a standard diploma or its 328 equivalent who are detained in a county or municipal detention 329 facility as defined in s. 951.23. These educational services 330 shall be based upon the estimated length of time the student 331 will be in the facility and the student’s current level of 332 functioning. District school superintendents or their designees 333 shall be notified by the county sheriff or chief correctional 334 officer, or his or her designee, upon the assignment of a 335 student under the age of 21 to the facility. A cooperative 336 agreement with the district school board and applicable law 337 enforcement units shall be developed to address the notification 338 requirement and the provision of educational services to these 339 students. 340 (6) SAFETY AND SECURITY BEST PRACTICES.—Use the Safety and 341 Security Best Practices developed by the Office of Program 342 Policy Analysis and Government Accountability to conduct a self 343 assessment of the school districts’ current safety and security 344 practices. Based on these self-assessment findings, the district 345 school superintendent shall provide recommendations to the 346 district school board which identify strategies and activities 347 that the district school board should implement in order to 348 improve school safety and security. Annually each district 349 school board must receive the self-assessment results at a 350 publicly noticed district school board meeting to provide the 351 public an opportunity to hear the district school board members 352 discuss and take action on the report findings. Each district 353 school superintendent shall report the self-assessment results 354 and school board action to the commissioner within 30 days after 355 the district school board meeting. 356 Section 2. This act shall take effect July 1, 2014. 357 358 ================= T I T L E A M E N D M E N T ================ 359 And the title is amended as follows: 360 Delete everything before the enacting clause 361 and insert: 362 A bill to be entitled 363 An act relating to student discipline and school 364 safety; amending s. 1006.07, F.S.; revising district 365 school board duties relating to student discipline and 366 school safety; requiring district school boards to 367 adopt rules for interventions and exclusionary 368 discipline; defining the term “exclusionary 369 discipline”; encouraging district school boards to 370 reduce exclusionary discipline for minor misbehavior; 371 revising the contents of the student code of conduct; 372 providing an effective date.