Bill Text: FL S0858 | 2021 | Regular Session | Introduced
Bill Title: Corporal Punishment in Public Schools
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Education [S0858 Detail]
Download: Florida-2021-S0858-Introduced.html
Florida Senate - 2021 SB 858 By Senator Taddeo 40-00183A-21 2021858__ 1 A bill to be entitled 2 An act relating to corporal punishment in public 3 schools; providing a short title; amending s. 1002.20, 4 F.S.; specifying that only school principals, and not 5 teachers, may administer corporal punishment to public 6 school students; requiring school principals to notify 7 students’ parents in writing and receive written 8 consent before administering corporal punishment; 9 requiring school principals who have administered 10 corporal punishment to provide parents with written 11 explanations of the punishment; amending s. 1003.01, 12 F.S.; revising the definition of the term “corporal 13 punishment”; conforming a provision to changes made by 14 the act; amending s. 1003.32, F.S.; authorizing 15 teachers and other instructional personnel to request 16 that principals administer corporal punishment; 17 prohibiting principals from administering corporal 18 punishment unless they have taken specified actions; 19 prohibiting principals from administering corporal 20 punishment to students with disabilities; conforming 21 provisions to changes made by the act; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. This act may be cited as the “Sofia Taddeo 27 Goldstein Act.” 28 Section 2. Paragraph (c) of subsection (4) of section 29 1002.20, Florida Statutes, is amended to read: 30 1002.20 K-12 student and parent rights.—Parents of public 31 school students must receive accurate and timely information 32 regarding their child’s academic progress and must be informed 33 of ways they can help their child to succeed in school. K-12 34 students and their parents are afforded numerous statutory 35 rights including, but not limited to, the following: 36 (4) DISCIPLINE.— 37 (c) Corporal punishment.— 38 1. In accordance withthe provisions ofs. 1003.32, 39 corporal punishment of a public school student may only be 40 administered by ateacher orschool principal within guidelines 41 prepared byofthe school principal and according to district 42 school board policy. The school principal must notify the 43 student’s parent in writing, and the student’s parent must 44 provide written consent, before the principal administers the 45 punishment. Another adult must be present and must be informed 46 in the student’s presence of the reason for the punishment. A 47Upon request, the teacher orschool principal who has 48 administered corporal punishment must provide the parent with a 49 written explanation of the reason for the punishment and the 50 name of the other adult who was present. 51 2. A district school board having a policy authorizing the 52 use of corporal punishment as a form of discipline shall review 53 its policy on corporal punishment once every 3 years during a 54 district school board meeting held pursuant to s. 1001.372. The 55 district school board shall take public testimony at the board 56 meeting. If such board meeting is not held in accordance with 57 this subparagraph, the portion of the district school board’s 58 policy authorizing corporal punishment expires. 59 Section 3. Subsection (7) of section 1003.01, Florida 60 Statutes, is amended to read: 61 1003.01 Definitions.—As used in this chapter, the term: 62 (7) “Corporal punishment” means the moderate use of 63 physical force or physical contact by ateacher orprincipal as 64 may be necessary to maintain discipline or to enforce school 65 rule through the use of a paddle. However, the term “corporal 66 punishment” does not include the use of such reasonable force by 67 ateacher orprincipal as may be necessary for self-protection 68 or to protect other students from disruptive students. 69 Section 4. Paragraph (k) of subsection (1) of section 70 1003.32, Florida Statutes, is amended to read: 71 1003.32 Authority of teacher; responsibility for control of 72 students; district school board and principal duties.—Subject to 73 law and to the rules of the district school board, each teacher 74 or other member of the staff of any school shall have such 75 authority for the control and discipline of students as may be 76 assigned to him or her by the principal or the principal’s 77 designated representative and shall keep good order in the 78 classroom and in other places in which he or she is assigned to 79 be in charge of students. 80 (1) In accordance with this section and within the 81 framework of the district school board’s code of student 82 conduct, teachers and other instructional personnel shall have 83 the authority to undertake any of the following actions in 84 managing student behavior and ensuring the safety of all 85 students in their classes and school and their opportunity to 86 learn in an orderly and disciplined classroom: 87 (k) Request the principal to administerUsecorporal 88 punishment according to school board policy and at least the 89 following procedures, if a teacher feels that corporal 90 punishment is necessary: 91 1.The use of corporal punishment shall be approved in92principle by the principal before it is used, butapproval is93not necessary for each specific instance in which it is used.94 The principal shall prepare guidelines for administering such 95 punishment which identify the types of punishable offenses and,96 the conditions under which the punishment mayshallbe 97 administered,and the specific personnel on the school staff98authorized to administer the punishment. 99 2. Ateacher orprincipal may administer corporal 100 punishment only in the presence of another adult who is informed 101 beforehand, and in the student’s presence, of the reason for the 102 punishment. 103 3. A principal may not administer corporal punishment to a 104 student unless the principal has notified the student’s parent 105 in writing and received written consent from the student’s 106 parent before the principal administers the punishment. However, 107 a principal may not administer corporal punishment to a student 108 with any disability as that term is defined in s. 1002.51(2). 109 4. Ateacher orprincipal who has administered corporal 110 punishment shall, upon request,provide the student’s parent 111 with a written explanation of the reason for the punishment and 112 the name of the other adult who was present. 113 Section 5. This act shall take effect July 1, 2021.