Bill Amendment: FL S0590 | 2021 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: School Safety
Status: 2021-07-06 - Chapter No. 2021-176 [S0590 Detail]
Download: Florida-2021-S0590-Senate_Floor_Amendment_227004.html
Bill Title: School Safety
Status: 2021-07-06 - Chapter No. 2021-176 [S0590 Detail]
Download: Florida-2021-S0590-Senate_Floor_Amendment_227004.html
Florida Senate - 2021 SENATOR AMENDMENT Bill No. CS for SB 590 Ì227004oÎ227004 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senators Harrell and Gibson moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 97 - 189 4 and insert: 5 established under ss. 1002.20(3) and 1002.33(9), as applicable. 6 For purposes of this subparagraph, “a reasonable attempt to 7 notify” means the exercise of reasonable diligence and care by 8 the principal or the principal’s designee to make contact with 9 the student’s parent, guardian, or other known emergency contact 10 whom the student’s parent or guardian has authorized to receive 11 notification of an involuntary examination. At a minimum, the 12 principal or the principal’s designee must take the following 13 actions: 14 a. Use available methods of communication to contact the 15 student’s parent, guardian, or other known emergency contact, 16 including but not limited to, telephone calls, text messages, e 17 mails, and voice mail messages following the decision to 18 initiate an involuntary examination of the student. 19 b. Document the method and number of attempts made to 20 contact the student’s parent, guardian, or other known emergency 21 contact, and the outcome of each attempt. 22 23 A principal or his or her designee who successfully notifies any 24 other known emergency contact may share only the information 25 necessary to alert such contact that the parent or caregiver 26 must be contacted. All such information must be in compliance 27 with federal and state law. 28 Section 2. Subsection (4) of section 394.463, Florida 29 Statutes, is amended to read: 30 394.463 Involuntary examination.— 31 (4) DATA ANALYSIS.—Using data collected under paragraph 32 (2)(a), the department shall, at a minimum, analyze data on both 33 the initiation of involuntary examinations of children and the 34 initiation of involuntary examinations of students who are 35 removed from a school, identify any patterns or trends and cases 36 in which involuntary examinations are repeatedly initiated on 37 the same child or student, study root causes for such patterns, 38 trends, or repeated involuntary examinations, and make 39 recommendations to encourage the use offor encouraging40 alternatives to eliminateandeliminatinginappropriate 41 initiations of such examinations. The department shall submit a 42 report on its findings and recommendations to the Governor, the 43 President of the Senate, and the Speaker of the House of 44 Representatives by November 1 of each odd-numberedodd numbered45 year. 46 Section 3. Subsection (7) of section 1001.212, Florida 47 Statutes, is amended to read: 48 1001.212 Office of Safe Schools.—There is created in the 49 Department of Education the Office of Safe Schools. The office 50 is fully accountable to the Commissioner of Education. The 51 office shall serve as a central repository for best practices, 52 training standards, and compliance oversight in all matters 53 regarding school safety and security, including prevention 54 efforts, intervention efforts, and emergency preparedness 55 planning. The office shall: 56 (7) Provide data to support the evaluation of mental health 57 services pursuant to s. 1004.44. Such data must include, for 58 each school, the number of involuntary examinations as defined 59 in s. 394.455 which are initiated at the school, on school 60 transportation, or at a school-sponsored activity and the number 61 of children for whom an examination is initiated. 62 Section 4. Paragraph (l) of subsection (3) of section 63 1002.20, Florida Statutes, is amended, and subsection (25) is 64 added to that section, to read: 65 1002.20 K-12 student and parent rights.—Parents of public 66 school students must receive accurate and timely information 67 regarding their child’s academic progress and must be informed 68 of ways they can help their child to succeed in school. K-12 69 students and their parents are afforded numerous statutory 70 rights including, but not limited to, the following: 71 (3) HEALTH ISSUES.— 72 (l) Notification of involuntary examinations.— 73 1. Except as provided in subparagraph 2., the public school 74 principal or the principal’s designee shall make a reasonable 75 attempt toimmediatelynotify the parent of a student before the 76 studentwhois removed from school, school transportation, or a 77 school-sponsored activity to beandtaken to a receiving 78 facility for an involuntary examination pursuant to s. 394.463. 79 For purposes of this subparagraph, “a reasonable attempt to 80 notify” means the exercise of reasonable diligence and care by 81 the principal or the principal’s designee to make contact with 82 the student’s parent, guardian, or other known emergency contact 83 whom the student’s parent or guardian has authorized to receive 84 notification of an involuntary examination. At a minimum, the 85 principal or the principal’s designee must take the following 86 actions: 87 a. Use available methods of communication to contact the 88 student’s parent, guardian, or other known emergency contact, 89 including but not limited to, telephone calls, text messages, e 90 mails, and voice mail messages following the decision to 91 initiate an involuntary examination of the student. 92 b. Document the method and number of attempts made to 93 contact the student’s parent, guardian, or other known emergency 94 contact, and the outcome of each attempt. 95 96 A principal or his or her designee who successfully notifies any 97 other known emergency contact may share only the information 98 necessary to alert such contact that the parent or caregiver 99 must be contacted. All such information must be in compliance 100 with federal and state law. 101 2. The principal or the principal’s designee may delay the 102 required notification for no more than 24 hours after the 103 student is removed if: 104 a. The principal or the principal’s designee deems the 105 delay to be in the student’s best interest andifa report has 106 been submitted to the central abuse hotline, pursuant to s. 107 39.201, based upon knowledge or suspicion of abuse, abandonment, 108 or neglect; or 109 b. The principal or principal’s designee reasonably 110 believes that such delay is necessary to avoid jeopardizing the 111 health and safety of the student. 112 3. Before a principal or his or her designee contacts a law 113 enforcement officer, he or she must verify that de-escalation 114 strategies have been utilized and outreach to a mobile response 115 team has been initiated unless the principal or the principal’s 116 designee reasonably believes that any delay in removing the 117 student will increase the likelihood of harm to the student or 118 others. This requirement does not supersede the authority of a 119 law enforcement officer to act under s. 394.463. 120 121 Each district school board shall develop a policy and procedures 122 for notification under this paragraph. 123 (25) SAFE SCHOOLS.— 124 (a) School safety and emergency incidents.—Parents of 125 public school students have a right to timely notification of 126 threats, unlawful acts, and significant emergencies pursuant to 127 s. 1006.07(4) and (7). 128 (b) School environmental safety incident reporting.—Parents 129 of public school students have a right to access school safety 130 and discipline incidents as reported pursuant to s. 1006.07(9). 131 Section 5. Paragraph (q) of subsection (9) of section 132 1002.33, Florida Statutes, is amended, and paragraph (r) is 133 added to that subsection, to read: 134 1002.33 Charter schools.— 135 (9) CHARTER SCHOOL REQUIREMENTS.— 136 (q)1. The charter school principal or the principal’s 137 designee shall make a reasonable attempt toimmediatelynotify 138 the parent of a student before the studentwhois removed from 139 school, school transportation, or a school-sponsored activity to 140 beandtaken to a receiving facility for an involuntary 141 examination pursuant to s. 394.463. For purposes of this 142 subparagraph, “a reasonable attempt to notify” means the 143 exercise of reasonable diligence and care by the principal or 144 the principal’s designee to make contact with the student’s 145 parent, guardian, or other known emergency contact whom the 146 student’s parent or guardian has authorized to receive 147 notification of an involuntary examination. At a minimum, the 148 principal or the principal’s designee must take the following 149 actions: 150 a. Use available methods of communication to contact the 151 student’s parent, guardian, or other known emergency contact, 152 including but not limited to, telephone calls, text messages, e 153 mails, and voice mail messages following the decision to 154 initiate an involuntary examination of the student. 155 b. Document the method and number of attempts made to 156 contact the student’s parent, guardian, or other known emergency 157 contact, and the outcome of each attempt. 158 159 A principal or his or her designee who successfully notifies any 160 other known emergency contact may share only the information 161 necessary to alert such contact that the parent or caregiver 162 must be contacted. All such information must be in compliance 163 with federal and state law. 164 165 ================= T I T L E A M E N D M E N T ================ 166 And the title is amended as follows: 167 Delete lines 5 - 15 168 and insert: 169 before an involuntary examination of a minor; defining 170 the term “a reasonable attempt to notify”; requiring a 171 principal or his or her designee who successfully 172 notifies any known emergency contact to share only the 173 information necessary to alert such contact that the 174 parent or caregiver must be contacted; requiring all 175 such information to be in compliance with federal and 176 state law; amending s. 394.463, F.S.; revising data 177 reporting requirements for the Department of Children 178 and Families; amending s. 1001.212, F.S.; revising 179 data reporting requirements for the Office of Safe 180 Schools; amending s. 1002.20, F.S.; revising parent 181 notification requirements; providing an exception; 182 defining the term “a reasonable attempt to notify”; 183 requiring a principal or his or her designee who 184 successfully notifies any known emergency contact to 185 share only the information necessary to alert such 186 contact that the parent or caregiver must be 187 contacted; requiring all such information to be in 188 compliance with federal and state law; providing that 189 parents of public school students have a right to 190 access school safety and discipline incidents as 191 reported; amending s. 1002.33, F.S.; revising parent 192 notification requirements; defining the term “a 193 reasonable attempt to notify”; requiring a principal 194 or his or her designee who successfully notifies any 195 known emergency contact to share only the information 196 necessary to alert such contact that the parent or 197 caregiver must be contacted; requiring all such 198 information to be in compliance with federal and state 199 law; providing an exception;