Bill Text: FL S1626 | 2018 | Regular Session | Introduced


Bill Title: Student Discipline

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Education [S1626 Detail]

Download: Florida-2018-S1626-Introduced.html
       Florida Senate - 2018                                    SB 1626
       
       
        
       By Senator Powell
       
       
       
       
       
       30-01508-18                                           20181626__
    1                        A bill to be entitled                      
    2         An act relating to student discipline; creating s.
    3         1006.01, F.S.; defining terms; amending s. 1006.07,
    4         F.S.; revising the duties of the district school
    5         boards relating to student discipline and school
    6         safety; requiring school districts to adopt standards
    7         for intervention, rather than a code of student
    8         conduct, which standards include specified
    9         requirements; requiring a school district to ensure
   10         the meaningful involvement of certain individuals and
   11         the community in creating and applying certain
   12         policies; requiring each school district to fund and
   13         support the implementation of school-based restorative
   14         justice practices; requiring a school district to hire
   15         staff members to improve the school climate and
   16         safety; requiring a school district to annually survey
   17         parents, students, and teachers regarding school
   18         safety and discipline issues; amending s. 1006.12,
   19         F.S.; revising the qualifications of a school resource
   20         officer and a school safety officer; authorizing a
   21         school resource officer and a school safety officer to
   22         arrest a student only for certain violations of law;
   23         requiring a school resource officer and a school
   24         safety officer to immediately notify the principal or
   25         the principal’s designee if the officer arrests a
   26         student in a school-related incident; prohibiting an
   27         officer from arresting or referring a student to the
   28         criminal justice system or juvenile justice system for
   29         petty acts of misconduct; providing an exception;
   30         requiring written documentation of an arrest or
   31         referral to the criminal justice system or juvenile
   32         justice system; requiring each law enforcement agency
   33         that serves a school district to enter into a
   34         cooperative agreement with the district school board,
   35         ensure the training of school resource officers and
   36         school safety officers as specified, and develop
   37         minimum qualifications for the selection of such
   38         officers; amending s. 1006.13, F.S.; requiring each
   39         district school board to adopt a policy on referrals
   40         to the criminal justice system or the juvenile justice
   41         system, rather than a policy of zero tolerance for
   42         crime and victimization; revising and providing
   43         requirements for a policy on referrals to the criminal
   44         justice system or the juvenile justice system;
   45         providing that a school’s authority and discretion to
   46         use other disciplinary consequences and interventions
   47         is not limited by specified provisions; conforming
   48         terminology; requiring each district school board, in
   49         collaboration with students, educators, parents, and
   50         stakeholders, to enter into cooperative agreements
   51         with a county sheriff’s office and a local police
   52         department for specified purposes; revising the
   53         requirements for these agreements; requiring each
   54         school district to annually review the cost,
   55         effectiveness, and necessity of its school safety
   56         programs and to submit findings to the Department of
   57         Education; requiring a school district to arrange and
   58         pay for transportation for a student in certain
   59         circumstances; requiring, rather than encouraging, a
   60         school district to use alternatives to expulsion or
   61         referral to a law enforcement agency unless the use of
   62         such alternatives poses a threat to school safety;
   63         requiring each school district to submit to the
   64         department its policies and agreements by a specified
   65         date each year; requiring the department to develop by
   66         a specified date a model policy for referrals to the
   67         criminal justice system or the juvenile justice
   68         system; requiring the Commissioner of Education to
   69         report by a specified date each year to the Governor
   70         and the Legislature on the implementation of policies
   71         on referrals to law enforcement agencies; amending ss.
   72         1002.20, 1002.23, 1002.33, 1003.02, 1003.32, 1003.53,
   73         1003.57, 1006.09, 1006.10, 1006.147, 1006.15,
   74         1007.271, and 1012.98, F.S.; conforming cross
   75         references and provisions to changes made by the act;
   76         providing an effective date.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Section 1006.01, Florida Statutes, is created to
   81  read:
   82         1006.01Definitions.—As used in part I of this chapter, the
   83  term:
   84         (1)“Exclusionary consequence” means a consequence of a
   85  student’s serious breach of the standards for intervention, as
   86  provided in s. 1006.07(2), which results in the student being
   87  barred from attending school.
   88         (2)“Exclusionary discipline” means a disciplinary,
   89  punitive practice that removes a student from instruction time
   90  in his or her regular classrooms and may include in-school
   91  suspension during class time, out-of-school suspension, transfer
   92  to an alternative school, or expulsion. Absences due to
   93  exclusionary discipline are considered excused absences.
   94         (3)“Restorative circle” means a common space where at
   95  least one individual guides a discussion in which each
   96  participant has an equal opportunity to speak and in which
   97  participants take turns speaking about a topic and using a
   98  talking piece, a physical object that is used to assist
   99  communication between participants.
  100         (4)“Restorative group conferencing” means an intervention
  101  in which a facilitator leads the individuals who were involved
  102  in an incident, whether they were harmed or caused the harm, as
  103  well as their families or other supporters, in a face-to-face
  104  process designed to address the harm, resolve any conflict, and
  105  prevent recurrence of the harm based on the ideas of restorative
  106  justice practices and mutual accountability.
  107         (5)“Restorative justice” means an intervening approach to
  108  justice which addresses root causes of harm that are a result of
  109  unjust behavior; which emphasizes repair of the harm; and which
  110  gives equal attention to accountability, growth, community
  111  safety, the harmed student’s needs, and the student offender’s
  112  needs.
  113         Section 2. Section 1006.07, Florida Statutes, is amended to
  114  read:
  115         1006.07 District school board duties relating to student
  116  discipline and school safety.—The district school board shall
  117  provide for the proper accounting for all students;, for the
  118  attendance and control of students at school; for the creation
  119  of a safe and effective learning environment, regardless of the
  120  student’s race, ethnicity, religion, disability, sexual
  121  orientation, or gender identity;, and for the proper attention
  122  to health, safety, and other matters relating to the welfare of
  123  students, including the use of:
  124         (1) INTERVENTIONS FOR AND DISCIPLINE CONTROL OF STUDENTS.
  125  Each school district shall:
  126         (a) Adopt rules for the control, discipline, in-school
  127  suspension, suspension, and expulsion of students and decide all
  128  cases recommended for expulsion. Suspension hearings are exempt
  129  exempted from the provisions of chapter 120. Expulsion hearings
  130  are shall be governed by ss. 120.569 and 120.57(2) and are
  131  exempt from s. 286.011. However, the student’s parent must be
  132  given notice of the provisions of s. 286.011 and may elect to
  133  have the hearing held in compliance with that section. The
  134  district school board may prohibit the use of corporal
  135  punishment, if the district school board adopts or has adopted a
  136  written program of alternative control or discipline. In order
  137  to fulfill the paramount duty of this state to make adequate
  138  provisions for the education of all children residing within its
  139  borders in accordance with s. 1, Art. IX of the State
  140  Constitution, the district school board shall make every effort
  141  to reduce exclusionary discipline for minor misbehavior.
  142         (b) Require each student at the time of initial
  143  registration for school in the school district to note previous
  144  school expulsions, arrests resulting in a charge, and juvenile
  145  justice actions the student has had, and have the authority as
  146  the district school board of a receiving school district to
  147  honor the final order of expulsion or dismissal of a student by
  148  any in-state or out-of-state public district school board or
  149  private school, or lab school, for an act that which would have
  150  been grounds for expulsion according to the receiving district
  151  school board’s standards for intervention code of student
  152  conduct, in accordance with the following procedures:
  153         1. A final order of expulsion shall be recorded in the
  154  records of the receiving school district.
  155         2. The expelled student applying for admission to the
  156  receiving school district shall be advised of the final order of
  157  expulsion.
  158         3. The district school superintendent of the receiving
  159  school district may recommend to the district school board that
  160  the final order of expulsion be waived and the student be
  161  admitted to the school district, or that the final order of
  162  expulsion be honored and the student not be admitted to the
  163  school district. If the student is admitted by the district
  164  school board, with or without the recommendation of the district
  165  school superintendent, the student may be placed in an
  166  appropriate educational program at the direction of the district
  167  school board.
  168         (2) STANDARDS FOR INTERVENTION CODE OF STUDENT CONDUCT.
  169  Each school district shall adopt clear standards for
  170  intervention, formerly known as a code of student conduct, which
  171  create a safe, supportive, and positive school climate and
  172  address misbehavior with interventions and consequences aimed at
  173  understanding and addressing the causes of misbehavior,
  174  resolving conflicts, meeting students’ needs, keeping students
  175  in school, and teaching them to respond in age-appropriate ways
  176  a code of student conduct for elementary schools and a code of
  177  student conduct for middle and high schools and distribute the
  178  appropriate code to all teachers, school personnel, students,
  179  and parents, at the beginning of every school year. The process
  180  for adopting standards for intervention must include meaningful
  181  involvement among parents, students, teachers, and the
  182  community. The standards for intervention must be organized and
  183  written in language that is understandable to students and
  184  parents and translated into all languages represented by the
  185  students and their parents; discussed at the beginning of every
  186  school year in student classes, school advisory council
  187  meetings, and parent and teacher association or organization
  188  meetings; made available at the beginning of every school year
  189  in the student handbook or similar publication distributed to
  190  all teachers, school personnel, students, and parents; and
  191  posted on the school district’s website. The standards for
  192  intervention must Each code shall be organized and written in
  193  language that is understandable to students and parents and
  194  shall be discussed at the beginning of every school year in
  195  student classes, school advisory council meetings, and parent
  196  and teacher association or organization meetings. Each code
  197  shall be based on the rules governing student conduct and
  198  discipline adopted by the district school board and shall be
  199  made available in the student handbook or similar publication.
  200  Each code shall include, but need is not be limited to, the
  201  following:
  202         (a) Consistent policies and specific grounds for
  203  disciplinary action, including in-school suspension, out-of
  204  school suspension, expulsion, intervention, support, and any
  205  disciplinary action that may be imposed for the possession or
  206  use of alcohol on school property or while attending a school
  207  function or for the illegal use, sale, or possession of
  208  controlled substances as defined in chapter 893.
  209         (b) Procedures to be followed for acts requiring
  210  discipline, including corporal punishment.
  211         (c)A discipline chart or matrix indicating that a student
  212  is not subject to exclusionary discipline for unexcused
  213  tardiness, lateness, absence, or truancy; for violation of the
  214  school dress code or rules regarding school uniforms; or for
  215  behavior infractions that do not endanger the physical safety of
  216  other students or staff members, including, but not limited to,
  217  insubordination, defiance, disobedience, disrespect, or minor
  218  classroom disruptions. The discipline chart or matrix must also:
  219         1.Provide guidance on appropriate interventions and
  220  consequences to be applied to behaviors or behavior categories
  221  as provided in subparagraph 2. The school district may define
  222  specific interventions and provide a list of interventions that
  223  must be used and documented before exclusionary discipline is
  224  considered unless a behavior poses a serious threat to school
  225  safety. The interventions may include, but need not be limited
  226  to:
  227         a.Having a private conversation with the student about his
  228  or her behavior and underlying issues that may have precipitated
  229  the behavior.
  230         b.Providing an opportunity for the student’s anger, fear,
  231  or anxiety to subside.
  232         c.Providing restorative justice practices using a
  233  schoolwide approach of informal and formal techniques to foster
  234  a sense of school community and to manage conflict by repairing
  235  harm and restoring positive relationships.
  236         d.Providing reflective activities, such as requiring the
  237  student to write an essay about his or her behavior.
  238         e.Participating in skill building and conflict resolution
  239  activities, such as social-emotional cognitive skill building,
  240  restorative circles, and restorative group conferencing.
  241         f.Revoking student privileges.
  242         g.Referring the student to a school counselor or social
  243  worker.
  244         h.Speaking to the student’s parent.
  245         i.Referring the student to intervention outside the school
  246  setting.
  247         j.Ordering in-school detention or in-school suspension
  248  during lunch, after school, or on weekends.
  249         2.Outline specific behaviors or behavior categories. Each
  250  behavior or behavior category must include clear maximum
  251  consequences to prevent inappropriate exclusionary consequences
  252  for minor misbehavior and petty acts of misconduct and set clear
  253  requirements that must be satisfied before the school imposes
  254  exclusionary discipline. The chart or matrix must show that
  255  exclusionary discipline is a last resort to be used only in
  256  cases of serious misconduct when in-school interventions and
  257  consequences that do not lead to exclusionary consequences are
  258  insufficient. The following behaviors, which must be accompanied
  259  by such appropriate intervention services as substance abuse
  260  counseling, anger management counseling, or restorative justice
  261  practices, may result in exclusionary discipline and in
  262  notification of a law enforcement agency if the behavior is a
  263  felony or a serious threat to school safety:
  264         a.Illegal sale of a controlled substance, as defined in
  265  chapter 893, by a student on school property or in attendance at
  266  a school function.
  267         b.Violation of the district school board’s sexual
  268  harassment policy.
  269         c.Possession, display, transmission, use, or sale of a
  270  firearm or weapon, as defined in s. 790.001 or 18 U.S.C. s. 921,
  271  or an object that is used as, or is intended to function as, a
  272  weapon, while on school property or in attendance at a school
  273  function.
  274         d.Making a threat or intimidation using any pointed or
  275  sharp object or the use of any substance or object as a weapon
  276  with the threat or intent to inflict bodily harm.
  277         e.Making a threat or a false report, as provided in ss.
  278  790.162 and 790.163, respectively.
  279         f.Homicide.
  280         g.Sexual battery.
  281         h.Armed robbery.
  282         i.Aggravated battery.
  283         j.Battery or aggravated battery on a teacher, other school
  284  personnel, or district school board personnel.
  285         k.Kidnapping.
  286         l.Arson.
  287         (d)A glossary of clearly defined terms and behaviors.
  288         (e)An explanation of the responsibilities, dignity, and
  289  rights of and respect for students, including, but not limited
  290  to, a student’s right not to be discriminated against based on
  291  race, ethnicity, religion, disability, sexual orientation, or
  292  gender identity; a student’s right to participate in student
  293  publications, school programs, and school activities; and a
  294  student’s right to exercise free speech, to assemble, and to
  295  maintain privacy.
  296         (f)An explanation of the school’s dress code or rules
  297  regarding school uniforms and notice that students have the
  298  right to dress in accordance with their stated gender within the
  299  constraints of the school’s dress code.
  300         (g)Notice that violation of transportation policies of a
  301  district school board by a student, including disruptive
  302  behavior on a school bus or at a school bus stop, is grounds for
  303  disciplinary action by the school.
  304         (h)Notice that a student who is determined to have brought
  305  a firearm or weapon, as defined in s. 790.001 or 18 U.S.C. s.
  306  921, to school, to a school function, or onto school-sponsored
  307  transportation, or to have possessed a firearm or weapon at
  308  school, will be expelled from the student’s regular school for
  309  at least 1 full year and referred to the criminal justice system
  310  or juvenile justice system. A district school superintendent may
  311  consider the requirement of 1-year expulsion on a case-by-case
  312  basis and may request the district school board to modify the
  313  requirement by assigning the student to a disciplinary program
  314  or second chance school if:
  315         1.The request for modification is in writing; and
  316         2.The modification is determined to be in the best
  317  interest of the student and the school district.
  318         (i)Notice that a student who is determined to have made a
  319  threat or false report, as provided in ss. 790.162 and 790.163,
  320  respectively, involving the school’s or school personnel’s
  321  property, school transportation, or a school-sponsored activity
  322  may be expelled from the student’s regular school for at least 1
  323  full year, with continuing educational services, and referred to
  324  the criminal justice system or juvenile justice system. A
  325  district school superintendent may consider the requirement of a
  326  1-year expulsion on a case-by-case basis and may request the
  327  district school board to modify the requirement by assigning the
  328  student to a disciplinary program or second chance school if:
  329         1.The request for modification is in writing; and
  330         2.The modification is determined to be in the best
  331  interest of the student and the school district.
  332         (j)A clear and complete explanation of due process rights
  333  afforded to a student, including a student with a disability,
  334  and the types of exclusionary discipline to which a student may
  335  be subjected.
  336         (c)An explanation of the responsibilities and rights of
  337  students with regard to attendance, respect for persons and
  338  property, knowledge and observation of rules of conduct, the
  339  right to learn, free speech and student publications, assembly,
  340  privacy, and participation in school programs and activities.
  341         (d)1.An explanation of the responsibilities of each
  342  student with regard to appropriate dress, respect for self and
  343  others, and the role that appropriate dress and respect for self
  344  and others has on an orderly learning environment. Each district
  345  school board shall adopt a dress code policy that prohibits a
  346  student, while on the grounds of a public school during the
  347  regular school day, from wearing clothing that exposes underwear
  348  or body parts in an indecent or vulgar manner or that disrupts
  349  the orderly learning environment.
  350         2.Any student who violates the dress policy described in
  351  subparagraph 1. is subject to the following disciplinary
  352  actions:
  353         a.For a first offense, a student shall be given a verbal
  354  warning and the school principal shall call the student’s parent
  355  or guardian.
  356         b.For a second offense, the student is ineligible to
  357  participate in any extracurricular activity for a period of time
  358  not to exceed 5 days and the school principal shall meet with
  359  the student’s parent or guardian.
  360         c.For a third or subsequent offense, a student shall
  361  receive an in-school suspension pursuant to s. 1003.01(5) for a
  362  period not to exceed 3 days, the student is ineligible to
  363  participate in any extracurricular activity for a period not to
  364  exceed 30 days, and the school principal shall call the
  365  student’s parent or guardian and send the parent or guardian a
  366  written letter regarding the student’s in-school suspension and
  367  ineligibility to participate in extracurricular activities.
  368         (e)Notice that illegal use, possession, or sale of
  369  controlled substances, as defined in chapter 893, by any student
  370  while the student is upon school property or in attendance at a
  371  school function is grounds for disciplinary action by the school
  372  and may also result in criminal penalties being imposed.
  373         (f)Notice that use of a wireless communications device
  374  includes the possibility of the imposition of disciplinary
  375  action by the school or criminal penalties if the device is used
  376  in a criminal act. A student may possess a wireless
  377  communications device while the student is on school property or
  378  in attendance at a school function. Each district school board
  379  shall adopt rules governing the use of a wireless communications
  380  device by a student while the student is on school property or
  381  in attendance at a school function.
  382         (g)Notice that the possession of a firearm or weapon as
  383  defined in chapter 790 by any student while the student is on
  384  school property or in attendance at a school function is grounds
  385  for disciplinary action and may also result in criminal
  386  prosecution. Simulating a firearm or weapon while playing or
  387  wearing clothing or accessories that depict a firearm or weapon
  388  or express an opinion regarding a right guaranteed by the Second
  389  Amendment to the United States Constitution is not grounds for
  390  disciplinary action or referral to the criminal justice or
  391  juvenile justice system under this section or s. 1006.13.
  392  Simulating a firearm or weapon while playing includes, but is
  393  not limited to:
  394         1.Brandishing a partially consumed pastry or other food
  395  item to simulate a firearm or weapon.
  396         2.Possessing a toy firearm or weapon that is 2 inches or
  397  less in overall length.
  398         3.Possessing a toy firearm or weapon made of plastic snap
  399  together building blocks.
  400         4.Using a finger or hand to simulate a firearm or weapon.
  401         5.Vocalizing an imaginary firearm or weapon.
  402         6.Drawing a picture, or possessing an image, of a firearm
  403  or weapon.
  404         7.Using a pencil, pen, or other writing or drawing utensil
  405  to simulate a firearm or weapon.
  406  
  407  However, a student may be subject to disciplinary action if
  408  simulating a firearm or weapon while playing substantially
  409  disrupts student learning, causes bodily harm to another person,
  410  or places another person in reasonable fear of bodily harm. The
  411  severity of consequences imposed upon a student, including
  412  referral to the criminal justice or juvenile justice system,
  413  must be proportionate to the severity of the infraction and
  414  consistent with district school board policies for similar
  415  infractions. If a student is disciplined for such conduct, the
  416  school principal or his or her designee must call the student’s
  417  parent. Disciplinary action resulting from a student’s clothing
  418  or accessories shall be determined pursuant to paragraph (d)
  419  unless the wearing of the clothing or accessory causes a
  420  substantial disruption to student learning, in which case the
  421  infraction may be addressed in a manner that is consistent with
  422  district school board policies for similar infractions. This
  423  paragraph does not prohibit a public school from adopting a
  424  school uniform policy.
  425         (h)Notice that violence against any district school board
  426  personnel by a student is grounds for in-school suspension, out
  427  of-school suspension, expulsion, or imposition of other
  428  disciplinary action by the school and may also result in
  429  criminal penalties being imposed.
  430         (i)Notice that violation of district school board
  431  transportation policies, including disruptive behavior on a
  432  school bus or at a school bus stop, by a student is grounds for
  433  suspension of the student’s privilege of riding on a school bus
  434  and may be grounds for disciplinary action by the school and may
  435  also result in criminal penalties being imposed.
  436         (j)Notice that violation of the district school board’s
  437  sexual harassment policy by a student is grounds for in-school
  438  suspension, out-of-school suspension, expulsion, or imposition
  439  of other disciplinary action by the school and may also result
  440  in criminal penalties being imposed.
  441         (k)Policies to be followed for the assignment of violent
  442  or disruptive students to an alternative educational program.
  443         (l)Notice that any student who is determined to have
  444  brought a firearm or weapon, as defined in chapter 790, to
  445  school, to any school function, or onto any school-sponsored
  446  transportation, or to have possessed a firearm at school, will
  447  be expelled, with or without continuing educational services,
  448  from the student’s regular school for a period of not less than
  449  1 full year and referred to the criminal justice or juvenile
  450  justice system. District school boards may assign the student to
  451  a disciplinary program or second chance school for the purpose
  452  of continuing educational services during the period of
  453  expulsion. District school superintendents may consider the 1
  454  year expulsion requirement on a case-by-case basis and request
  455  the district school board to modify the requirement by assigning
  456  the student to a disciplinary program or second chance school if
  457  the request for modification is in writing and it is determined
  458  to be in the best interest of the student and the school system.
  459         (m)Notice that any student who is determined to have made
  460  a threat or false report, as defined by ss. 790.162 and 790.163,
  461  respectively, involving school or school personnel’s property,
  462  school transportation, or a school-sponsored activity will be
  463  expelled, with or without continuing educational services, from
  464  the student’s regular school for a period of not less than 1
  465  full year and referred for criminal prosecution. District school
  466  boards may assign the student to a disciplinary program or
  467  second chance school for the purpose of continuing educational
  468  services during the period of expulsion. District school
  469  superintendents may consider the 1-year expulsion requirement on
  470  a case-by-case basis and request the district school board to
  471  modify the requirement by assigning the student to a
  472  disciplinary program or second chance school if it is determined
  473  to be in the best interest of the student and the school system.
  474         (3) COMMUNITY INVOLVEMENT IN POLICY CREATION STUDENT CRIME
  475  WATCH PROGRAM.—Each school district shall ensure the meaningful
  476  involvement of parents, students, teachers, and the community in
  477  creating and applying policies regarding student discipline and
  478  school safety By resolution of the district school board,
  479  implement a student crime watch program to promote
  480  responsibility among students and to assist in the control of
  481  criminal behavior within the schools.
  482         (4) EMERGENCY DRILLS AND; EMERGENCY PROCEDURES.—Each school
  483  district shall:
  484         (a) Formulate and prescribe policies and procedures for
  485  emergency drills and for actual emergencies, including, but not
  486  limited to, fires, natural disasters, and bomb threats, for all
  487  the public schools of the district which comprise grades K-12.
  488  District school board policies must shall include commonly used
  489  alarm system responses for specific types of emergencies and
  490  verification by each school that drills have been provided as
  491  required by law and fire protection codes. The emergency
  492  response agency that is responsible for notifying the school
  493  district for each type of emergency must be listed in the
  494  district’s emergency response policy.
  495         (b) Establish model emergency management and emergency
  496  preparedness procedures, including emergency notification
  497  procedures pursuant to paragraph (a), for the following life
  498  threatening emergencies:
  499         1. Weapon-use and hostage situations.
  500         2. Hazardous materials or toxic chemical spills.
  501         3. Weather emergencies, including hurricanes, tornadoes,
  502  and severe storms.
  503         4. Exposure as a result of a manmade emergency.
  504         (5) EDUCATIONAL SERVICES IN DETENTION FACILITIES.—Each
  505  school district shall offer educational services to minors who
  506  have not graduated from high school and eligible students with
  507  disabilities under the age of 22 who have not graduated with a
  508  standard diploma or its equivalent who are detained in a county
  509  or municipal detention facility as defined in s. 951.23. These
  510  educational services must shall be based upon the estimated
  511  length of time the student will be in the facility and the
  512  student’s current level of functioning. A county sheriff or
  513  chief correctional officer, or his or her designee, shall notify
  514  the district school superintendent, superintendents or his or
  515  her designee, when their designees shall be notified by the
  516  county sheriff or chief correctional officer, or his or her
  517  designee, upon the assignment of a student under the age of 21
  518  is assigned to the facility. A cooperative agreement with the
  519  district school board and applicable law enforcement units shall
  520  develop a cooperative agreement be developed to address the
  521  notification requirement and the provision of educational
  522  services to such these students.
  523         (6) SAFETY AND SECURITY BEST PRACTICES.—Each school
  524  district shall use the Safety and Security Best Practices
  525  developed by the Office of Program Policy Analysis and
  526  Government Accountability to conduct a self-assessment of the
  527  school districts’ current safety and security practices. Based
  528  on these self-assessment findings, the district school
  529  superintendent shall provide recommendations to the district
  530  school board which identify strategies and activities that the
  531  district school board should implement in order to improve
  532  school safety and security. Annually Each district school board
  533  must annually receive the self-assessment results at a publicly
  534  noticed district school board meeting to provide the public an
  535  opportunity to hear the district school board members discuss
  536  and take action on the report findings. Each district school
  537  superintendent shall report the self-assessment results and
  538  school board action to the commissioner within 30 days after the
  539  district school board meeting.
  540         (7)RESTORATIVE JUSTICE PRACTICES.—Each school district
  541  shall provide funding for, train school staff members on, and
  542  support the implementation of school-based restorative justice
  543  practices. Schools shall use these practices to foster a sense
  544  of school community and to resolve conflict by encouraging the
  545  reporting of harm and by restoring positive relationships. These
  546  practices should be used for students and educators to work
  547  together to set academic goals, develop core values for the
  548  classroom, and resolve conflicts. Restorative justice practices,
  549  such as restorative circles, may be used to promote a positive
  550  learning environment and to confront issues as they arise. Some
  551  common restorative circles that schools use for discipline may
  552  include, but need not be limited to:
  553         (a)Discipline circles that address the harm that occurred,
  554  repair the harm, and develop solutions to prevent recurrence of
  555  the harm among the parties involved.
  556         (b)Proactive behavior management circles that use role
  557  play to develop positive behavioral models for students.
  558         (8)SUPPORT STAFF.—Each school district shall provide
  559  funding to hire staff members to improve school climate and
  560  safety, such as social workers, counselors, and restorative
  561  justice coordinators, at the nationally recommended ratio of 250
  562  students to 1 counselor in order to reduce dependency on school
  563  safety officers, school resource officers, and other school
  564  resources.
  565         (9)SURVEYS.—Each school district shall annually survey
  566  parents, students, and teachers regarding school safety and
  567  disciplinary issues.
  568         Section 3. Section 1006.12, Florida Statutes, is amended to
  569  read:
  570         1006.12 School resource officers and school safety
  571  officers.—
  572         (1) A district school board boards may establish a school
  573  resource officer program programs, through a cooperative
  574  agreement with a law enforcement agency agencies or in
  575  accordance with subsection (2).
  576         (a) Each school resource officer must officers shall be a
  577  certified law enforcement officer officers, as defined in s.
  578  943.10(1), and have been who are employed for at least 2 years
  579  by a law enforcement agency as defined in s. 943.10(4). The
  580  powers and duties of a law enforcement officer shall continue
  581  throughout the employee’s tenure as a school resource officer.
  582         (b) A school resource officer officers shall abide by
  583  district school board policies and shall consult with and
  584  coordinate activities through the school principal, but is shall
  585  be responsible to the law enforcement agency in all matters
  586  relating to employment, subject to agreements between the a
  587  district school board and the a law enforcement agency. A school
  588  resource officer’s activities that conducted by the school
  589  resource officer which are part of the regular instructional
  590  program of the school are shall be under the direction of the
  591  school principal.
  592         (c)A school resource officer may arrest a student only for
  593  a violation of law which constitutes a serious threat to school
  594  safety and only after consultation with the school principal or
  595  the principal’s designee, documented attempts at intervention or
  596  in-school consequences, and pursuant to the standards for
  597  intervention and the cooperative agreement as described in ss.
  598  1006.07 and 1006.13, respectively. If a school resource officer
  599  arrests a student in a school-related incident, the officer
  600  shall immediately notify the principal or the principal’s
  601  designee. A school resource officer may not arrest or otherwise
  602  refer a student to the criminal justice system or the juvenile
  603  justice system for a petty act of misconduct unless it is
  604  determined that the failure to do so would endanger the physical
  605  safety of other students or staff at the school. Such
  606  determination must be documented in a written report to the
  607  principal or the principal’s designee which includes a
  608  description of the behavior at issue and an explanation of why
  609  an arrest or referral was necessary.
  610         (2)(a) Each school safety officer must officers shall be a
  611  law enforcement officer officers, as defined in s. 943.10(1),
  612  certified under the provisions of chapter 943 and have been
  613  employed for at least 2 years by either a law enforcement agency
  614  or by the district school board. If the officer is employed by
  615  the district school board, the district school board is the
  616  employing agency for purposes of chapter 943, and must comply
  617  with the provisions of that chapter.
  618         (b) A district school board may commission one or more
  619  school safety officers for the protection and safety of school
  620  personnel, property, and students within the school district.
  621  The district school superintendent may recommend and the
  622  district school board may appoint one or more school safety
  623  officers.
  624         (c) A school safety officer may has and shall exercise the
  625  power to make arrests for violations of law on district school
  626  board property and to arrest persons, whether on or off such
  627  property, who violate any law on such property under the same
  628  conditions that deputy sheriffs are authorized to make arrests.
  629  A school safety officer may arrest a student only for a
  630  violation of law which constitutes a serious threat to school
  631  safety and only after consultation with the school principal or
  632  the principal’s designee, documented attempts at intervention or
  633  in-school consequences, and pursuant to the standards for
  634  intervention and the cooperative agreement as described in ss.
  635  1006.07 and 1006.13, respectively. If a school safety officer
  636  arrests a student in a school-related incident, the officer
  637  shall immediately notify the principal or the principal’s
  638  designee. A school safety officer may not arrest or otherwise
  639  refer a student to the criminal justice system or the juvenile
  640  justice system for a petty act of misconduct unless it is
  641  determined that the failure to do so would endanger the physical
  642  safety of other students or staff at the school. Such
  643  determination must be documented in a written report to the
  644  principal or the principal’s designee which includes a
  645  description of the behavior at issue and an explanation of why
  646  an arrest or referral was necessary A school safety officer has
  647  the authority to carry weapons when performing his or her
  648  official duties.
  649         (d) A district school board may enter into mutual aid
  650  agreements with one or more law enforcement agencies as provided
  651  in chapter 23. A school safety officer’s salary may be paid
  652  jointly by the district school board and the law enforcement
  653  agency, as mutually agreed to.
  654         (3)Each law enforcement agency serving a school district
  655  shall do the following:
  656         (a)Enter into a cooperative agreement with the district
  657  school board pursuant to s. 1006.13.
  658         (b)Ensure that each school resource officer and school
  659  safety officer is trained to use appropriate and positive
  660  interactions with students in different stages of mental,
  661  emotional, and physical development, and to implement the range
  662  of interventions and school-based consequences that should be
  663  used to avoid an arrest. Training must include, but is not
  664  limited to, the following:
  665         1.Child and adolescent development and psychology;
  666         2.Teaching students to respond in age-appropriate ways;
  667         3.Cultural differences and unconscious bias;
  668         4.Restorative justice practices;
  669         5.Rights of students with disabilities and appropriate
  670  responses to their behaviors;
  671         6.Practices that improve the school climate; and
  672         7.The creation of safe environments for lesbian, gay,
  673  bisexual, and transgender students.
  674         (c)Establish the following minimum qualifications for the
  675  selection of school resource officers and school safety
  676  officers:
  677         1.Proficiency in verbal, written, and interpersonal skills
  678  that include public speaking;
  679         2.Knowledge and experience in matters involving cultural
  680  diversity and sensitivity;
  681         3.Training in best practices for working with students as
  682  specified in paragraph (b);
  683         4.Commitment to serving as a positive role model for
  684  students;
  685         5.Passion for and desire to interact positively with
  686  students; and
  687         6.An employment record with no history of excessive force
  688  or racial bias.
  689         Section 4. Section 1006.13, Florida Statutes, is amended to
  690  read:
  691         1006.13 Policy on referrals to the criminal justice system
  692  or the juvenile justice system of zero tolerance for crime and
  693  victimization.—
  694         (1) It is the intent of the Legislature to promote a safe
  695  and supportive learning environment in schools, to protect
  696  students and staff from conduct that poses a serious threat to
  697  school safety, and to encourage schools to use alternatives to
  698  expulsion or referral to law enforcement agencies by addressing
  699  disruptive behavior through restitution, civil citation, teen
  700  court, neighborhood restorative justice, or similar programs.
  701  The Legislature finds that referrals to the criminal justice
  702  system or the juvenile justice system zero-tolerance policies
  703  are not intended to be rigorously applied to petty acts of
  704  misconduct and misdemeanors, including, but not limited to,
  705  minor fights or disturbances. The Legislature finds that zero
  706  tolerance policies on referrals to the criminal justice system
  707  or the juvenile justice system must apply equally to all
  708  students regardless of their economic status, race, or
  709  disability.
  710         (2) Each district school board shall adopt a policy on
  711  referrals to the criminal justice system or the juvenile justice
  712  system which of zero tolerance that:
  713         (a) Clearly limits the role of law enforcement intervention
  714  to serious threats to school safety and delineates clear roles
  715  in which school principals or their designees, under the
  716  constraints of the standards for intervention as described in s.
  717  1006.07 and other district policies, are the final
  718  decisionmakers on disciplinary consequences, including referrals
  719  to law enforcement agencies.
  720         (b) Defines criteria for reporting to a law enforcement
  721  agency any act that occurs whenever or wherever students are
  722  within the jurisdiction of the district school board and that
  723  poses a serious threat to school safety. An act that does not
  724  pose a serious threat to school safety must be handled within
  725  the school’s disciplinary system.
  726         (c)(b) Defines acts that pose a serious threat to school
  727  safety, including, but not limited to, those acts or behaviors
  728  specified in s. 1006.07(2)(c)2.
  729         (d)(c) Defines petty acts of misconduct, including, but not
  730  limited to, behavior that could amount to the misdemeanor
  731  criminal charge of disorderly conduct, disturbing a school
  732  function, loitering, simple assault or battery, affray, theft of
  733  less than $300, trespassing, vandalism of less than $1,000,
  734  criminal mischief, and other behavior that does not pose a
  735  serious threat to school safety.
  736         (e)Specifies that students may not be arrested or
  737  otherwise referred to the criminal justice system or the
  738  juvenile justice system for petty acts of misconduct unless it
  739  is determined that the failure to do so would endanger the
  740  physical safety of other students or staff at the school. Such
  741  determination must be documented in a written report that
  742  includes a description of the behavior at issue and an
  743  explanation of why an arrest or referral was necessary.
  744         (f)(d) Minimizes the victimization of students, staff, or
  745  volunteers, including taking all steps necessary to protect the
  746  victim of any violent crime from any further victimization.
  747         (g)(e) Establishes a procedure that provides each student
  748  with the opportunity for a review of the disciplinary action
  749  imposed pursuant to s. 1006.07.
  750         (h)Establishes data-sharing protocols so that each school
  751  district receives, at least twice a year, a report on the number
  752  of school-based arrests of students. All data must be
  753  disaggregated by race, ethnicity, gender, school, offense, and
  754  the name of the law enforcement officer involved, and match the
  755  school district’s records on grade, disability, and status as a
  756  limited English proficient student.
  757         (3)This section does not limit a school’s authority and
  758  discretion under law to use other disciplinary consequences and
  759  interventions as appropriate to address school-based incidents.
  760         (4)(3)The policy on referrals to the criminal justice
  761  system or the juvenile justice system Zero-tolerance policies
  762  must require a student who is students found to have committed
  763  one of the following offenses to be expelled, with or without
  764  continuing educational services, from the student’s regular
  765  school for a period of not less than 1 full year, and to be
  766  referred to the criminal justice system or juvenile justice
  767  system:.
  768         (a) Bringing a firearm or weapon, as defined in s. 790.001
  769  or 18 U.S.C. s. 921 chapter 790, to school, to any school
  770  function, or onto any school-sponsored transportation or
  771  possessing a firearm at school.
  772         (b) Making a threat or false report, as provided in defined
  773  by ss. 790.162 and 790.163, respectively, involving school or
  774  school personnel’s property, school transportation, or a school
  775  sponsored activity.
  776  
  777  A district school board boards may assign the student to a
  778  disciplinary program for the purpose of continuing educational
  779  services during the period of expulsion. A district school
  780  superintendent superintendents may consider the 1-year expulsion
  781  requirement on a case-by-case basis and request the district
  782  school board to modify the requirement by assigning the student
  783  to a disciplinary program or second chance school if the request
  784  for modification is in writing and it is determined to be in the
  785  best interest of the student and the school system. If a student
  786  committing any of the offenses in this subsection is a student
  787  who has a disability, the district school board shall comply
  788  with applicable State Board of Education rules.
  789         (5)(4)(a) Each district school board, in collaboration with
  790  students, educators, parents, and stakeholders, shall enter into
  791  cooperative agreements with the county sheriff’s office and
  792  local police department specifying guidelines for ensuring that
  793  acts that pose a serious threat to school safety, whether
  794  committed by a student or adult, are reported to a law
  795  enforcement agency. Such agreements must:
  796         (a)(b)The agreements must Include the role of school
  797  safety officers and school resource officers, if applicable, in
  798  handling reported incidents that pose a serious threat to school
  799  safety and, circumstances in which school officials may handle
  800  incidents without filing a report with a law enforcement agency,
  801  and a procedure for ensuring that school personnel properly
  802  report appropriate delinquent acts and crimes.
  803         (b)(c)Clarify that Zero-tolerance policies do not require
  804  the reporting of petty acts of misconduct and misdemeanors may
  805  not be reported to a law enforcement agency, including, but not
  806  limited to, disorderly conduct, disturbing disrupting a school
  807  function, loitering, simple assault or battery, affray, theft of
  808  less than $300, trespassing, and vandalism of less than $1,000,
  809  criminal mischief, and other misdemeanors that do not pose a
  810  serious threat to school safety.
  811         (c)(d)Clarify the role of the school principal in ensuring
  812  shall ensure that all school personnel are properly informed of
  813  as to their responsibilities regarding crime reporting, that
  814  appropriate delinquent acts and crimes are properly reported,
  815  and that actions taken in cases with special circumstances are
  816  properly taken and documented.
  817         (d)Specify training for each school resource officer and
  818  school safety officer on school grounds to foster appropriate
  819  and positive interactions with students in different stages of
  820  mental, emotional, and physical development, and to implement
  821  the range of interventions and school-based consequences that
  822  should be used to avoid an arrest. Training must include, but is
  823  not limited to, the following:
  824         1.Child and adolescent development and psychology;
  825         2.Teaching students to respond in age-appropriate ways;
  826         3.Cultural differences and unconscious bias;
  827         4.Restorative justice practices;
  828         5.Rights of students with disabilities and appropriate
  829  responses to their behaviors;
  830         6.Practices that improve the school climate; and
  831         7.The creation of safe environments for lesbian, gay,
  832  bisexual, and transgender students.
  833         (e)Include clear guidelines for selecting school resource
  834  officers and school safety officers, who must meet the following
  835  minimum qualifications:
  836         1.Proficiency in verbal, written, and interpersonal skills
  837  that include public speaking;
  838         2.Knowledge and experience in matters involving cultural
  839  diversity and sensitivity;
  840         3.Training in best practices for working with students as
  841  specified in paragraph (d);
  842         4.Commitment to serving as a positive role model for
  843  students;
  844         5.Passion for and desire to interact positively with
  845  students; and
  846         6.An employment record with no history of excessive force
  847  or racial bias.
  848         (f)Require a school district to annually review the cost
  849  and effectiveness of its school safety programs, including the
  850  use of school safety officers, school resource officers, and
  851  other security measures; to report its findings to the
  852  Department of Education by August 1 of each school year; and to
  853  use these findings to reevaluate and improve school safety
  854  programs.
  855         (6)(5) Notwithstanding any other provision of law, each
  856  district school board shall adopt rules providing that a any
  857  student found to have committed an any offense in s. 784.081(1),
  858  (2), or (3) shall be expelled or placed in an alternative school
  859  setting or other program, as appropriate. Upon being charged
  860  with the offense, and pending disposition, the student shall be
  861  removed from the classroom immediately and placed in an
  862  alternative school setting pending disposition.
  863         (7)(a)(6)(a) Notwithstanding any provision of law
  864  prohibiting the disclosure of the identity of a minor, if a
  865  whenever any student who is attending a public school is
  866  adjudicated guilty of or delinquent for, or is found to have
  867  committed, regardless of whether adjudication is withheld, or
  868  pleads guilty or nolo contendere to, a felony violation of:
  869         1. Chapter 782, relating to homicide;
  870         2. Chapter 784, relating to assault, battery, and culpable
  871  negligence;
  872         3. Chapter 787, relating to kidnapping, false imprisonment,
  873  luring or enticing a child, and custody offenses;
  874         4. Chapter 794, relating to sexual battery;
  875         5. Chapter 800, relating to lewdness and indecent exposure;
  876         6. Chapter 827, relating to abuse of children;
  877         7. Section 812.13, relating to robbery;
  878         8. Section 812.131, relating to robbery by sudden
  879  snatching;
  880         9. Section 812.133, relating to carjacking; or
  881         10. Section 812.135, relating to home-invasion robbery,
  882  
  883  and, before or at the time of such adjudication, withholding of
  884  adjudication, or plea, the student offender was attending a
  885  school attended by the victim or a sibling of the victim of the
  886  offense, the Department of Juvenile Justice shall notify the
  887  appropriate district school board of the adjudication or plea,
  888  the requirements of in this paragraph, and whether the student
  889  offender is prohibited from attending that school or riding on a
  890  school bus if whenever the victim or a sibling of the victim is
  891  attending the same school or riding on the same school bus,
  892  except as provided pursuant to a written disposition order under
  893  s. 985.455(2). Upon receipt of such notice, the district school
  894  board shall take appropriate action to effectuate the provisions
  895  in paragraph (b).
  896         (b) Each district school board shall adopt a cooperative
  897  agreement with the Department of Juvenile Justice which
  898  establishes guidelines for ensuring that a any no contact order
  899  entered by a court is reported and enforced and that all of the
  900  necessary steps are taken to protect the victim of the offense.
  901  Any student offender described in paragraph (a), who is not
  902  exempt exempted as provided in paragraph (a), may not attend the
  903  any school attended by the victim or a sibling of the victim of
  904  the offense or ride on a school bus on which the victim or a
  905  sibling of the victim is riding. The district school board shall
  906  allow the student offender shall be permitted by the district
  907  school board to attend another school within the district in
  908  which the student offender resides, only if the other school is
  909  not attended by the victim or sibling of the victim. Another
  910  district school board may allow of the offense; or the student
  911  offender may be permitted by another district school board to
  912  attend a school in that district if the student offender is
  913  unable to attend any school in the district in which the student
  914  offender resides.
  915         (c) If the student offender is unable to attend any other
  916  school in the district in which the student offender resides and
  917  is prohibited from attending a school in another school
  918  district, the district school board in the school district in
  919  which the student offender resides shall take every reasonable
  920  precaution to keep the student offender separated from the
  921  victim while on school grounds or on school transportation. The
  922  steps to be taken by a district school board to keep the student
  923  offender separated from the victim must include, but are not
  924  limited to, in-school suspension of the student offender and the
  925  scheduling of classes, lunch, or other school activities of the
  926  victim and the student offender so as not to coincide.
  927         (d) The student offender, or the parents of the student
  928  offender if the student offender is a juvenile, shall arrange
  929  and pay for transportation associated with or required by the
  930  student’s offender’s attending another school or that would be
  931  required as a consequence of the prohibition against riding on a
  932  school bus on which the victim or a sibling of the victim is
  933  riding. If the student is experiencing homelessness as described
  934  in s. 1003.01(12) or belongs to a family whose income does not
  935  exceed 150 percent of the federal poverty level, the school
  936  district shall arrange and pay for the transportation. However,
  937  The student offender or the parents of the student offender may
  938  not be charged for existing modes of transportation which that
  939  can be used by the student offender at no additional cost to the
  940  district school board.
  941         (8)(7) Any disciplinary or prosecutorial action taken
  942  against a student who violates the a zero-tolerance policy on
  943  referrals to the criminal justice system or the juvenile justice
  944  system must be based on the particular circumstances of the
  945  student’s misconduct.
  946         (9)(8)A school district shall districts are encouraged to
  947  use alternatives to expulsion or referral to a law enforcement
  948  agency agencies unless the use of such alternatives will pose a
  949  threat to school safety. By August 1 of each year, a school
  950  district shall provide to the department all policies and
  951  agreements adopted or implemented pursuant to this section.
  952         (10)To assist a school district in developing policies
  953  that ensure students are not arrested or otherwise referred to
  954  the criminal justice system or the juvenile justice system for
  955  petty acts of misconduct, the department shall, by March 1,
  956  2019, in collaboration with students, educators, parents, and
  957  stakeholders, develop and provide to each school district a
  958  model policy.
  959         (11)On or before January 1 of each year, the Commissioner
  960  of Education shall report to the Governor, the President of the
  961  Senate, and the Speaker of the House of Representatives on the
  962  implementation of this section. The report must include data
  963  regarding school-based arrests and referrals of students to law
  964  enforcement agencies.
  965         Section 5. Subsection (5) of section 1002.20, Florida
  966  Statutes, is amended to read:
  967         1002.20 K-12 student and parent rights.—Parents of public
  968  school students must receive accurate and timely information
  969  regarding their child’s academic progress and must be informed
  970  of ways they can help their child to succeed in school. K-12
  971  students and their parents are afforded numerous statutory
  972  rights including, but not limited to, the following:
  973         (5) SAFETY.—In accordance with the provisions of s.
  974  1006.13(7) s. 1006.13(6), students who have been victims of
  975  certain felony offenses by other students, as well as the
  976  siblings of the student victims, have the right to be kept
  977  separated from the student offender both at school and during
  978  school transportation.
  979         Section 6. Subsection (5) of section 1002.23, Florida
  980  Statutes, is amended to read:
  981         1002.23 Family and School Partnership for Student
  982  Achievement Act.—
  983         (5) Each school district shall develop and disseminate a
  984  parent guide to successful student achievement, consistent with
  985  the guidelines of the Department of Education, which addresses
  986  what parents need to know about their child’s educational
  987  progress and how parents can help their child to succeed in
  988  school. The guide must:
  989         (a) Be understandable to students and parents;
  990         (b) Be distributed to all parents, students, and school
  991  personnel at the beginning of each school year;
  992         (c) Be discussed at the beginning of each school year in
  993  meetings of students, parents, and teachers;
  994         (d) Include information concerning services, opportunities,
  995  choices, academic standards, and student assessment; and
  996         (e) Provide information on the importance of student health
  997  and available immunizations and vaccinations, including, but not
  998  limited to:
  999         1. A recommended immunization schedule in accordance with
 1000  United States Centers for Disease Control and Prevention
 1001  recommendations.
 1002         2. Detailed information regarding the causes, symptoms, and
 1003  transmission of meningococcal disease and the availability,
 1004  effectiveness, known contraindications, and appropriate age for
 1005  the administration of any required or recommended vaccine
 1006  against meningococcal disease, in accordance with the
 1007  recommendations of the Advisory Committee on Immunization
 1008  Practices of the United States Centers for Disease Control and
 1009  Prevention.
 1010  
 1011  The parent guide described in this subsection may be included as
 1012  a part of the standards for intervention under s. 1006.07 code
 1013  of student conduct that is required in s. 1006.07(2).
 1014         Section 7. Paragraph (a) of subsection (7) of section
 1015  1002.33, Florida Statutes, is amended to read:
 1016         1002.33 Charter schools.—
 1017         (7) CHARTER.—The terms and conditions for the operation of
 1018  a charter school shall be set forth by the sponsor and the
 1019  applicant in a written contractual agreement, called a charter.
 1020  The sponsor and the governing board of the charter school shall
 1021  use the standard charter contract pursuant to subsection (21),
 1022  which shall incorporate the approved application and any addenda
 1023  approved with the application. Any term or condition of a
 1024  proposed charter contract that differs from the standard charter
 1025  contract adopted by rule of the State Board of Education shall
 1026  be presumed a limitation on charter school flexibility. The
 1027  sponsor may not impose unreasonable rules or regulations that
 1028  violate the intent of giving charter schools greater flexibility
 1029  to meet educational goals. The charter shall be signed by the
 1030  governing board of the charter school and the sponsor, following
 1031  a public hearing to ensure community input.
 1032         (a) The charter shall address and criteria for approval of
 1033  the charter shall be based on:
 1034         1. The school’s mission, the students to be served, and the
 1035  ages and grades to be included.
 1036         2. The focus of the curriculum, the instructional methods
 1037  to be used, any distinctive instructional techniques to be
 1038  employed, and identification and acquisition of appropriate
 1039  technologies needed to improve educational and administrative
 1040  performance which include a means for promoting safe, ethical,
 1041  and appropriate uses of technology which comply with legal and
 1042  professional standards.
 1043         a. The charter shall ensure that reading is a primary focus
 1044  of the curriculum and that resources are provided to identify
 1045  and provide specialized instruction for students who are reading
 1046  below grade level. The curriculum and instructional strategies
 1047  for reading must be consistent with the Next Generation Sunshine
 1048  State Standards and grounded in scientifically based reading
 1049  research.
 1050         b. In order to provide students with access to diverse
 1051  instructional delivery models, to facilitate the integration of
 1052  technology within traditional classroom instruction, and to
 1053  provide students with the skills they need to compete in the
 1054  21st century economy, the Legislature encourages instructional
 1055  methods for blended learning courses consisting of both
 1056  traditional classroom and online instructional techniques.
 1057  Charter schools may implement blended learning courses which
 1058  combine traditional classroom instruction and virtual
 1059  instruction. Students in a blended learning course must be full
 1060  time students of the charter school pursuant to s.
 1061  1011.61(1)(a)1. Instructional personnel certified pursuant to s.
 1062  1012.55 who provide virtual instruction for blended learning
 1063  courses may be employees of the charter school or may be under
 1064  contract to provide instructional services to charter school
 1065  students. At a minimum, such instructional personnel must hold
 1066  an active state or school district adjunct certification under
 1067  s. 1012.57 for the subject area of the blended learning course.
 1068  The funding and performance accountability requirements for
 1069  blended learning courses are the same as those for traditional
 1070  courses.
 1071         3. The current incoming baseline standard of student
 1072  academic achievement, the outcomes to be achieved, and the
 1073  method of measurement that will be used. The criteria listed in
 1074  this subparagraph shall include a detailed description of:
 1075         a. How the baseline student academic achievement levels and
 1076  prior rates of academic progress will be established.
 1077         b. How these baseline rates will be compared to rates of
 1078  academic progress achieved by these same students while
 1079  attending the charter school.
 1080         c. To the extent possible, how these rates of progress will
 1081  be evaluated and compared with rates of progress of other
 1082  closely comparable student populations.
 1083  
 1084  The district school board is required to provide academic
 1085  student performance data to charter schools for each of their
 1086  students coming from the district school system, as well as
 1087  rates of academic progress of comparable student populations in
 1088  the district school system.
 1089         4. The methods used to identify the educational strengths
 1090  and needs of students and how well educational goals and
 1091  performance standards are met by students attending the charter
 1092  school. The methods shall provide a means for the charter school
 1093  to ensure accountability to its constituents by analyzing
 1094  student performance data and by evaluating the effectiveness and
 1095  efficiency of its major educational programs. Students in
 1096  charter schools shall, at a minimum, participate in the
 1097  statewide assessment program created under s. 1008.22.
 1098         5. In secondary charter schools, a method for determining
 1099  that a student has satisfied the requirements for graduation in
 1100  s. 1002.3105(5), s. 1003.4281, or s. 1003.4282.
 1101         6. A method for resolving conflicts between the governing
 1102  board of the charter school and the sponsor.
 1103         7. The admissions procedures and dismissal procedures,
 1104  including the school’s standards for intervention code of
 1105  student conduct. Admission or dismissal must not be based on a
 1106  student’s academic performance.
 1107         8. The ways by which the school will achieve a
 1108  racial/ethnic balance reflective of the community it serves or
 1109  within the racial/ethnic range of other public schools in the
 1110  same school district.
 1111         9. The financial and administrative management of the
 1112  school, including a reasonable demonstration of the professional
 1113  experience or competence of those individuals or organizations
 1114  applying to operate the charter school or those hired or
 1115  retained to perform such professional services and the
 1116  description of clearly delineated responsibilities and the
 1117  policies and practices needed to effectively manage the charter
 1118  school. A description of internal audit procedures and
 1119  establishment of controls to ensure that financial resources are
 1120  properly managed must be included. Both public sector and
 1121  private sector professional experience shall be equally valid in
 1122  such a consideration.
 1123         10. The asset and liability projections required in the
 1124  application which are incorporated into the charter and shall be
 1125  compared with information provided in the annual report of the
 1126  charter school.
 1127         11. A description of procedures that identify various risks
 1128  and provide for a comprehensive approach to reduce the impact of
 1129  losses; plans to ensure the safety and security of students and
 1130  staff; plans to identify, minimize, and protect others from
 1131  violent or disruptive student behavior; and the manner in which
 1132  the school will be insured, including whether or not the school
 1133  will be required to have liability insurance, and, if so, the
 1134  terms and conditions thereof and the amounts of coverage.
 1135         12. The term of the charter which shall provide for
 1136  cancellation of the charter if insufficient progress has been
 1137  made in attaining the student achievement objectives of the
 1138  charter and if it is not likely that such objectives can be
 1139  achieved before expiration of the charter. The initial term of a
 1140  charter shall be for 4 or 5 years. In order to facilitate access
 1141  to long-term financial resources for charter school
 1142  construction, charter schools that are operated by a
 1143  municipality or other public entity as provided by law are
 1144  eligible for up to a 15-year charter, subject to approval by the
 1145  district school board. A charter lab school is eligible for a
 1146  charter for a term of up to 15 years. In addition, to facilitate
 1147  access to long-term financial resources for charter school
 1148  construction, charter schools that are operated by a private,
 1149  not-for-profit, s. 501(c)(3) status corporation are eligible for
 1150  up to a 15-year charter, subject to approval by the district
 1151  school board. Such long-term charters remain subject to annual
 1152  review and may be terminated during the term of the charter, but
 1153  only according to the provisions set forth in subsection (8).
 1154         13. The facilities to be used and their location. The
 1155  sponsor may not require a charter school to have a certificate
 1156  of occupancy or a temporary certificate of occupancy for such a
 1157  facility earlier than 15 calendar days before the first day of
 1158  school.
 1159         14. The qualifications to be required of the teachers and
 1160  the potential strategies used to recruit, hire, train, and
 1161  retain qualified staff to achieve best value.
 1162         15. The governance structure of the school, including the
 1163  status of the charter school as a public or private employer as
 1164  required in paragraph (12)(i).
 1165         16. A timetable for implementing the charter which
 1166  addresses the implementation of each element thereof and the
 1167  date by which the charter shall be awarded in order to meet this
 1168  timetable.
 1169         17. In the case of an existing public school that is being
 1170  converted to charter status, alternative arrangements for
 1171  current students who choose not to attend the charter school and
 1172  for current teachers who choose not to teach in the charter
 1173  school after conversion in accordance with the existing
 1174  collective bargaining agreement or district school board rule in
 1175  the absence of a collective bargaining agreement. However,
 1176  alternative arrangements may shall not be required for current
 1177  teachers who choose not to teach in a charter lab school, except
 1178  as authorized by the employment policies of the state university
 1179  which grants the charter to the lab school.
 1180         18. Full disclosure of the identity of all relatives
 1181  employed by the charter school who are related to the charter
 1182  school owner, president, chairperson of the governing board of
 1183  directors, superintendent, governing board member, principal,
 1184  assistant principal, or any other person employed by the charter
 1185  school who has equivalent decisionmaking authority. For the
 1186  purpose of this subparagraph, the term “relative” means father,
 1187  mother, son, daughter, brother, sister, uncle, aunt, first
 1188  cousin, nephew, niece, husband, wife, father-in-law, mother-in
 1189  law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
 1190  stepfather, stepmother, stepson, stepdaughter, stepbrother,
 1191  stepsister, half brother, or half sister.
 1192         19. Implementation of the activities authorized under s.
 1193  1002.331 by the charter school when it satisfies the eligibility
 1194  requirements for a high-performing charter school. A high
 1195  performing charter school shall notify its sponsor in writing by
 1196  March 1 if it intends to increase enrollment or expand grade
 1197  levels the following school year. The written notice shall
 1198  specify the amount of the enrollment increase and the grade
 1199  levels that will be added, as applicable.
 1200         Section 8. Subsection (1) of section 1003.02, Florida
 1201  Statutes, is amended to read:
 1202         1003.02 District school board operation and control of
 1203  public K-12 education within the school district.—As provided in
 1204  part II of chapter 1001, district school boards are
 1205  constitutionally and statutorily charged with the operation and
 1206  control of public K-12 education within their school district.
 1207  The district school boards must establish, organize, and operate
 1208  their public K-12 schools and educational programs, employees,
 1209  and facilities. Their responsibilities include staff
 1210  development, public K-12 school student education including
 1211  education for exceptional students and students in juvenile
 1212  justice programs, special programs, adult education programs,
 1213  and career education programs. Additionally, district school
 1214  boards must:
 1215         (1) Provide for the proper accounting for all students of
 1216  school age, for the attendance and discipline control of
 1217  students at school, and for proper attention to health, safety,
 1218  and other matters relating to the welfare of students in the
 1219  following areas:
 1220         (a) Admission, classification, promotion, and graduation of
 1221  students.—Adopt rules for admitting, classifying, promoting, and
 1222  graduating students to or from the various schools of the
 1223  district.
 1224         (b) Enforcement of attendance laws.—Provide for the
 1225  enforcement of all laws and rules relating to the attendance of
 1226  students at school. District school boards are authorized to
 1227  establish policies that allow accumulated unexcused tardies,
 1228  regardless of when they occur during the school day, and early
 1229  departures from school to be recorded as unexcused absences.
 1230  District school boards are also authorized to establish policies
 1231  that require referral to a school’s child study team for
 1232  students who have fewer absences than the number required by s.
 1233  1003.26(1)(b).
 1234         (c) Discipline Control of students.—
 1235         1. Adopt rules for the control, attendance, discipline, in
 1236  school suspension, suspension, and expulsion of students and
 1237  decide all cases recommended for expulsion.
 1238         2. Maintain standards for intervention a code of student
 1239  conduct as provided in chapter 1006.
 1240         (d) Courses of study and instructional materials.—
 1241         1. Provide adequate instructional materials for all
 1242  students as follows and in accordance with the requirements of
 1243  chapter 1006, in the core courses of mathematics, language arts,
 1244  social studies, science, reading, and literature, except for
 1245  instruction for which the school advisory council approves the
 1246  use of a program that does not include a textbook as a major
 1247  tool of instruction.
 1248         2. Adopt courses of study for use in the schools of the
 1249  district.
 1250         3. Provide for proper requisitioning, distribution,
 1251  accounting, storage, care, and use of all instructional
 1252  materials as may be needed, and ensure that instructional
 1253  materials used in the district are consistent with the district
 1254  goals and objectives and the course descriptions approved by the
 1255  State Board of Education, as well as with the state and school
 1256  district performance standards required by law and state board
 1257  rule.
 1258         (e) Transportation.—Make provision for the transportation
 1259  of students to the public schools or school activities they are
 1260  required or expected to attend, efficiently and economically, in
 1261  accordance with the requirements of chapter 1006, which function
 1262  may be accomplished, in whole or part, by means of an interlocal
 1263  agreement under s. 163.01.
 1264         (f) Facilities and school plant.—
 1265         1. Approve and adopt a districtwide school facilities
 1266  program, in accordance with the requirements of chapter 1013.
 1267         2. Approve plans for locating, planning, constructing,
 1268  sanitating, insuring, maintaining, protecting, and condemning
 1269  school property as prescribed in chapter 1013.
 1270         3. Approve and adopt a districtwide school building
 1271  program.
 1272         4. Select and purchase school sites, playgrounds, and
 1273  recreational areas located at centers at which schools are to be
 1274  constructed, of adequate size to meet the needs of projected
 1275  students to be accommodated.
 1276         5. Approve the proposed purchase of any site, playground,
 1277  or recreational area for which school district funds are to be
 1278  used.
 1279         6. Expand existing sites.
 1280         7. Rent buildings when necessary, which function may be
 1281  accomplished, in whole or part, by means of an interlocal
 1282  agreement under s. 163.01.
 1283         8. Enter into leases or lease-purchase arrangements, in
 1284  accordance with the requirements and conditions provided in s.
 1285  1013.15(2).
 1286         9. Provide for the proper supervision of construction.
 1287         10. Make or contract for additions, alterations, and
 1288  repairs on buildings and other school properties.
 1289         11. Ensure that all plans and specifications for buildings
 1290  provide adequately for the safety and well-being of students, as
 1291  well as for economy of construction.
 1292         12. Provide adequately for the proper maintenance and
 1293  upkeep of school plants, which function may be accomplished, in
 1294  whole or part, by means of an interlocal agreement under s.
 1295  163.01.
 1296         13. Carry insurance on every school building in all school
 1297  plants including contents, boilers, and machinery, except
 1298  buildings of three classrooms or less which are of frame
 1299  construction and located in a tenth class public protection zone
 1300  as defined by the Florida Inspection and Rating Bureau, and on
 1301  all school buses and other property under the control of the
 1302  district school board or title to which is vested in the
 1303  district school board, except as exceptions may be authorized
 1304  under rules of the State Board of Education.
 1305         14. Condemn and prohibit the use for public school purposes
 1306  of any building under the control of the district school board.
 1307         (g) School operation.—
 1308         1. Provide for the operation of all public schools as free
 1309  schools for a term of 180 days or the equivalent on an hourly
 1310  basis as specified by rules of the State Board of Education;
 1311  determine district school funds necessary in addition to state
 1312  funds to operate all schools for the minimum term; and arrange
 1313  for the levying of district school taxes necessary to provide
 1314  the amount needed from district sources.
 1315         2. Prepare, adopt, and timely submit to the Department of
 1316  Education, as required by law and by rules of the State Board of
 1317  Education, the annual school budget, so as to promote the
 1318  improvement of the district school system.
 1319         (h) Records and reports.—
 1320         1. Keep all necessary records and make all needed and
 1321  required reports, as required by law or by rules of the State
 1322  Board of Education.
 1323         2. At regular intervals require reports to be made by
 1324  principals or teachers in all public schools to the parents of
 1325  the students enrolled and in attendance at their schools,
 1326  apprising them of the academic and other progress being made by
 1327  the student and giving other useful information.
 1328         (i) Parental notification of acceleration options.—At the
 1329  beginning of each school year, notify parents of students in or
 1330  entering high school of the opportunity and benefits of advanced
 1331  placement, International Baccalaureate, Advanced International
 1332  Certificate of Education, dual enrollment, and Florida Virtual
 1333  School courses and options for early graduation under s.
 1334  1003.4281.
 1335         (j) Return on investment.—Notify the parent of a student
 1336  who earns an industry certification that articulates for
 1337  postsecondary credit of the estimated cost savings to the parent
 1338  before the student’s high school graduation versus the cost of
 1339  acquiring such certification after high school graduation, which
 1340  would include the tuition and fees associated with available
 1341  postsecondary credits. Also, the student and the parent must be
 1342  informed of any additional industry certifications available to
 1343  the student.
 1344         Section 9. Section 1003.32, Florida Statutes, is amended to
 1345  read:
 1346         1003.32 Authority of teacher; responsibility for discipline
 1347  control of students; district school board and principal
 1348  duties.—Subject to law and to the rules of the district school
 1349  board, each teacher or other member of the staff of any school
 1350  shall have such authority for the control and discipline of
 1351  students as may be assigned to him or her by the principal or
 1352  the principal’s designated representative and shall keep good
 1353  order in the classroom and in other places in which he or she is
 1354  assigned to be in charge of students.
 1355         (1) In accordance with this section and within the
 1356  framework of the district school board’s standards for
 1357  intervention code of student conduct, teachers and other
 1358  instructional personnel shall have the authority to undertake
 1359  any of the following actions in managing student behavior and
 1360  ensuring the safety of all students in their classes and school
 1361  and their opportunity to learn in an orderly and disciplined
 1362  classroom:
 1363         (a) Establish classroom rules of conduct.
 1364         (b) Establish and implement consequences, designed to
 1365  change behavior, for infractions of classroom rules.
 1366         (c) Have disobedient, disrespectful, violent, abusive,
 1367  uncontrollable, or disruptive students removed from the
 1368  classroom for behavior management intervention.
 1369         (d) Have violent, abusive, uncontrollable, or disruptive
 1370  students directed for information or assistance from appropriate
 1371  school or district school board personnel.
 1372         (e) Assist in enforcing school rules on school property,
 1373  during school-sponsored transportation, and during school
 1374  sponsored activities.
 1375         (f) Request and receive information as to the disposition
 1376  of any referrals to the administration for violation of
 1377  classroom or school rules.
 1378         (g) Request and receive immediate assistance in classroom
 1379  management if a student becomes uncontrollable or in case of
 1380  emergency.
 1381         (h) Request and receive training and other assistance to
 1382  improve skills in classroom management, violence prevention,
 1383  conflict resolution, and related areas.
 1384         (i) Press charges if there is a reason to believe that a
 1385  crime has been committed on school property, during school
 1386  sponsored transportation, or during school-sponsored activities.
 1387         (j) Use reasonable force, according to standards adopted by
 1388  the State Board of Education, to protect himself or herself or
 1389  others from injury.
 1390         (k) Use corporal punishment according to school board
 1391  policy and at least the following procedures, if a teacher feels
 1392  that corporal punishment is necessary:
 1393         1. The use of corporal punishment shall be approved in
 1394  principle by the principal before it is used, but approval is
 1395  not necessary for each specific instance in which it is used.
 1396  The principal shall prepare guidelines for administering such
 1397  punishment which identify the types of punishable offenses, the
 1398  conditions under which the punishment shall be administered, and
 1399  the specific personnel on the school staff authorized to
 1400  administer the punishment.
 1401         2. A teacher or principal may administer corporal
 1402  punishment only in the presence of another adult who is informed
 1403  beforehand, and in the student’s presence, of the reason for the
 1404  punishment.
 1405         3. A teacher or principal who has administered punishment
 1406  shall, upon request, provide the student’s parent with a written
 1407  explanation of the reason for the punishment and the name of the
 1408  other adult who was present.
 1409         (2) Teachers and other instructional personnel shall:
 1410         (a) Set and enforce reasonable classroom rules that treat
 1411  all students equitably.
 1412         (b) Seek professional development to improve classroom
 1413  management skills when data show that they are not effective in
 1414  handling minor classroom disruptions.
 1415         (c) Maintain an orderly and disciplined classroom with a
 1416  positive and effective learning environment that maximizes
 1417  learning and minimizes disruption.
 1418         (d) Work with parents and other school personnel to solve
 1419  discipline problems in their classrooms.
 1420         (3) A teacher may send a student to the principal’s office
 1421  to maintain effective discipline in the classroom and may
 1422  recommend an appropriate consequence consistent with the
 1423  standards for intervention student code of conduct under s.
 1424  1006.07. The principal shall respond by employing the teacher’s
 1425  recommended consequence or a more serious disciplinary action if
 1426  the student’s history of disruptive behavior warrants it. If the
 1427  principal determines that a lesser disciplinary action is
 1428  appropriate, the principal should consult with the teacher
 1429  before prior to taking disciplinary action.
 1430         (4) A teacher may remove from class a student whose
 1431  behavior the teacher determines interferes with the teacher’s
 1432  ability to communicate effectively with the students in the
 1433  class or with the ability of the student’s classmates to learn.
 1434  Each district school board, each district school superintendent,
 1435  and each school principal shall support the authority of
 1436  teachers to remove disobedient, violent, abusive,
 1437  uncontrollable, or disruptive students from the classroom.
 1438         (5) If a teacher removes a student from class under
 1439  subsection (4), the principal may place the student in another
 1440  appropriate classroom, in in-school suspension, or in a dropout
 1441  prevention and academic intervention program as provided by s.
 1442  1003.53; or the principal may recommend the student for out-of
 1443  school suspension or expulsion, as appropriate. The student may
 1444  be prohibited from attending or participating in school
 1445  sponsored or school-related activities. The principal may not
 1446  return the student to that teacher’s class without the teacher’s
 1447  consent unless the committee established under subsection (6)
 1448  determines that such placement is the best or only available
 1449  alternative. The teacher and the placement review committee must
 1450  render decisions within 5 days of the removal of the student
 1451  from the classroom.
 1452         (6)(a) Each school shall establish a placement review
 1453  committee to determine placement of a student when a teacher
 1454  withholds consent to the return of a student to the teacher’s
 1455  class. A school principal must notify each teacher in that
 1456  school about the availability, the procedures, and the criteria
 1457  for the placement review committee as outlined in this section.
 1458         (b) The principal must report on a quarterly basis to the
 1459  district school superintendent and district school board each
 1460  incidence of a teacher’s withholding consent for a removed
 1461  student to return to the teacher’s class and the disposition of
 1462  the incident, and the superintendent must annually report these
 1463  data to the department.
 1464         (c) The Commissioner of Education shall annually review
 1465  each school district’s compliance with this section, and success
 1466  in achieving orderly classrooms, and shall use all appropriate
 1467  enforcement actions up to and including the withholding of
 1468  disbursements from the Educational Enhancement Trust Fund until
 1469  full compliance is verified.
 1470         (d) Placement review committee membership must include at
 1471  least the following:
 1472         1. Two teachers, one selected by the school’s faculty and
 1473  one selected by the teacher who has removed the student.
 1474         2. One member from the school’s staff who is selected by
 1475  the principal.
 1476  
 1477  The teacher who withheld consent to readmitting the student may
 1478  not serve on the committee. The teacher and the placement review
 1479  committee must render decisions within 5 days after the removal
 1480  of the student from the classroom. If the placement review
 1481  committee’s decision is contrary to the decision of the teacher
 1482  to withhold consent to the return of the removed student to the
 1483  teacher’s class, the teacher may appeal the committee’s decision
 1484  to the district school superintendent.
 1485         (7) Any teacher who removes 25 percent of his or her total
 1486  class enrollment shall be required to complete professional
 1487  development to improve classroom management skills.
 1488         (8) Each teacher or other member of the staff of any school
 1489  who knows or has reason to suspect that any person has
 1490  committed, or has made a credible threat to commit, a crime of
 1491  violence on school property shall report such knowledge or
 1492  suspicion in accordance with the provisions of s. 1006.13. Each
 1493  district school superintendent and each school principal shall
 1494  fully support good faith reporting in accordance with the
 1495  provisions of this subsection and s. 1006.13. Any person who
 1496  makes a report required by this subsection in good faith shall
 1497  be immune from civil or criminal liability for making the
 1498  report.
 1499         (9) When knowledgeable of the likely risk of physical
 1500  violence in the schools, the district school board shall take
 1501  reasonable steps to ensure that teachers, other school staff,
 1502  and students are not at undue risk of violence or harm.
 1503         Section 10. Paragraphs (c) and (d) of subsection (1) of
 1504  section 1003.53, Florida Statutes, are amended to read:
 1505         1003.53 Dropout prevention and academic intervention.—
 1506         (1)
 1507         (c) A student shall be identified as being eligible to
 1508  receive services funded through the dropout prevention and
 1509  academic intervention program based upon one of the following
 1510  criteria:
 1511         1. The student is academically unsuccessful as evidenced by
 1512  low test scores, retention, failing grades, low grade point
 1513  average, falling behind in earning credits, or not meeting the
 1514  state or district proficiency levels in reading, mathematics, or
 1515  writing.
 1516         2. The student has a pattern of excessive absenteeism or
 1517  has been identified as a habitual truant.
 1518         3. The student has a history of disruptive behavior in
 1519  school or has committed an offense that warrants out-of-school
 1520  suspension or expulsion from school according to the district
 1521  school board’s standards for intervention code of student
 1522  conduct. For the purposes of this program, “disruptive behavior”
 1523  is behavior that:
 1524         a. Interferes with the student’s own learning or the
 1525  educational process of others and requires attention and
 1526  assistance beyond that which the traditional program can provide
 1527  or results in frequent conflicts of a disruptive nature while
 1528  the student is under the jurisdiction of the school either in or
 1529  out of the classroom; or
 1530         b. Severely threatens the general welfare of students or
 1531  others with whom the student comes into contact.
 1532         4. The student is identified by a school’s early warning
 1533  system pursuant to s. 1001.42(18)(b).
 1534         (d)1. “Second chance schools” means district school board
 1535  programs provided through cooperative agreements between the
 1536  Department of Juvenile Justice, private providers, state or
 1537  local law enforcement agencies, or other state agencies for
 1538  students who have been disruptive or violent or who have
 1539  committed serious offenses. As partnership programs, second
 1540  chance schools are eligible for waivers by the Commissioner of
 1541  Education from State Board of Education rules that prevent the
 1542  provision of appropriate educational services to violent,
 1543  severely disruptive, or delinquent students in small
 1544  nontraditional settings or in court-adjudicated settings.
 1545         2. District school boards seeking to enter into a
 1546  partnership with a private entity or public entity to operate a
 1547  second chance school for disruptive students may apply to the
 1548  Department of Education for startup grants. These grants must be
 1549  available for 1 year and must be used to offset the startup
 1550  costs for implementing such programs off public school campuses.
 1551  General operating funds must be generated through the
 1552  appropriate programs of the Florida Education Finance Program.
 1553  Grants approved under this program shall be for the full
 1554  operation of the school by a private nonprofit or for-profit
 1555  provider or the public entity. This program must operate under
 1556  rules adopted by the State Board of Education and be implemented
 1557  to the extent funded by the Legislature.
 1558         3. A student enrolled in a sixth, seventh, eighth, ninth,
 1559  or tenth grade class may be assigned to a second chance school
 1560  if the student meets the following criteria:
 1561         a. The student is a habitual truant as defined in s.
 1562  1003.01.
 1563         b. The student’s excessive absences have detrimentally
 1564  affected the student’s academic progress and the student may
 1565  have unique needs that a traditional school setting may not
 1566  meet.
 1567         c. The student’s high incidences of truancy have been
 1568  directly linked to a lack of motivation.
 1569         d. The student has been identified as at risk of dropping
 1570  out of school.
 1571         4. A student who is habitually truant may be assigned to a
 1572  second chance school only if the case staffing committee,
 1573  established pursuant to s. 984.12, determines that such
 1574  placement could be beneficial to the student and the criteria
 1575  included in subparagraph 3. are met.
 1576         5. A student may be assigned to a second chance school if
 1577  the district school board in which the student resides has a
 1578  second chance school and if the student meets one of the
 1579  following criteria:
 1580         a. The student habitually exhibits disruptive behavior in
 1581  violation of the standards for intervention code of student
 1582  conduct adopted by the district school board.
 1583         b. The student interferes with the student’s own learning
 1584  or the educational process of others and requires attention and
 1585  assistance beyond that which the traditional program can
 1586  provide, or, while the student is under the jurisdiction of the
 1587  school either in or out of the classroom, frequent conflicts of
 1588  a disruptive nature occur.
 1589         c. The student has committed a serious offense which
 1590  warrants suspension or expulsion from school according to the
 1591  district school board’s standards for intervention code of
 1592  student conduct. For the purposes of this program, “serious
 1593  offense” is behavior which:
 1594         (I) Threatens the general welfare of students or others
 1595  with whom the student comes into contact;
 1596         (II) Includes violence;
 1597         (III) Includes possession of weapons or drugs; or
 1598         (IV) Is harassment or verbal abuse of school personnel or
 1599  other students.
 1600         6. Prior to assignment of students to second chance
 1601  schools, district school boards are encouraged to use
 1602  alternative programs, such as in-school suspension, which
 1603  provide instruction and counseling leading to improved student
 1604  behavior, a reduction in the incidence of truancy, and the
 1605  development of more effective interpersonal skills.
 1606         7. Students assigned to second chance schools must be
 1607  evaluated by the district school board’s child study team before
 1608  placement in a second chance school. The study team shall ensure
 1609  that students are not eligible for placement in a program for
 1610  emotionally disturbed children.
 1611         8. Students who exhibit academic and social progress and
 1612  who wish to return to a traditional school shall complete a
 1613  character development and law education program and demonstrate
 1614  preparedness to reenter the regular school setting prior to
 1615  reentering a traditional school.
 1616         Section 11. Paragraph (h) of subsection (1) of section
 1617  1003.57, Florida Statutes, is amended to read:
 1618         1003.57 Exceptional students instruction.—
 1619         (1)
 1620         (h) School personnel may consider any unique circumstances
 1621  on a case-by-case basis when determining whether a change in
 1622  placement is appropriate for a student who has a disability and
 1623  violates a district school board’s standards for intervention
 1624  code of student conduct. School personnel may remove and place
 1625  such student in an interim alternative educational setting for
 1626  not more than 45 school days, without regard to whether the
 1627  behavior is determined to be a manifestation of the student’s
 1628  disability, if the student:
 1629         1. Carries a weapon to or possesses a weapon at school, on
 1630  school premises, or at a school function under the jurisdiction
 1631  of the school district;
 1632         2. Knowingly possesses or uses illegal drugs, or sells or
 1633  solicits the sale of a controlled substance, while at school, on
 1634  school premises, or at a school function under the jurisdiction
 1635  of the school district; or
 1636         3. Has inflicted serious bodily injury upon another person
 1637  while at school, on school premises, or at a school function
 1638  under the jurisdiction of the school district.
 1639         Section 12. Paragraph (c) of subsection (1) and subsection
 1640  (4) of section 1006.09, Florida Statutes, are amended to read:
 1641         1006.09 Duties of school principal relating to student
 1642  discipline and school safety.—
 1643         (1)
 1644         (c) The principal or the principal’s designee may recommend
 1645  to the district school superintendent the expulsion of any
 1646  student who has committed a serious breach of conduct,
 1647  including, but not limited to, willful disobedience, open
 1648  defiance of authority of a member of his or her staff, violence
 1649  against persons or property, or any other act which
 1650  substantially disrupts the orderly conduct of the school. A
 1651  recommendation of expulsion or assignment to a second chance
 1652  school may also be made for any student found to have
 1653  intentionally made false accusations that jeopardize the
 1654  professional reputation, employment, or professional
 1655  certification of a teacher or other member of the school staff,
 1656  according to the district school board’s standards for
 1657  intervention board code of student conduct. Any recommendation
 1658  of expulsion must shall include a detailed report by the
 1659  principal or the principal’s designated representative on the
 1660  alternative measures taken prior to the recommendation of
 1661  expulsion.
 1662         (4) When a student has been the victim of a violent crime
 1663  perpetrated by another student who attends the same school, the
 1664  school principal shall make full and effective use of the
 1665  provisions of subsection (2) and s. 1006.13(7) s. 1006.13(6). A
 1666  school principal who fails to comply with this subsection is
 1667  shall be ineligible for any portion of the performance pay or
 1668  the differentiated pay under s. 1012.22. However, if any party
 1669  responsible for notification fails to properly notify the
 1670  school, the school principal is shall be eligible for the
 1671  performance pay or differentiated pay.
 1672         Section 13. Subsection (2) of section 1006.10, Florida
 1673  Statutes, is amended to read:
 1674         1006.10 Authority of school bus drivers and district school
 1675  boards relating to student discipline and student safety on
 1676  school buses.—
 1677         (2) The district school board shall require a system of
 1678  progressive discipline of transported students for actions which
 1679  are prohibited by the standards for intervention code of student
 1680  conduct. Disciplinary actions, including suspension of students
 1681  from riding on district school board owned or contracted school
 1682  buses, shall be subject to district school board policies and
 1683  procedures and may be imposed by the principal or the
 1684  principal’s designee. The principal or the principal’s designee
 1685  may delegate any disciplinary authority to school bus drivers
 1686  except for suspension of students from riding the bus.
 1687         Section 14. Paragraph (n) of subsection (4) of section
 1688  1006.147, Florida Statutes, is amended to read:
 1689         1006.147 Bullying and harassment prohibited.—
 1690         (4) Each school district shall adopt and review at least
 1691  every 3 years a policy prohibiting bullying and harassment of a
 1692  student or employee of a public K-12 educational institution.
 1693  Each school district’s policy shall be in substantial conformity
 1694  with the Department of Education’s model policy. The school
 1695  district bullying and harassment policy shall afford all
 1696  students the same protection regardless of their status under
 1697  the law. The school district may establish separate
 1698  discrimination policies that include categories of students. The
 1699  school district shall involve students, parents, teachers,
 1700  administrators, school staff, school volunteers, community
 1701  representatives, and local law enforcement agencies in the
 1702  process of adopting and reviewing the policy. The school
 1703  district policy must be implemented by each school principal in
 1704  a manner that is ongoing throughout the school year and
 1705  integrated with the school’s curriculum, bullying prevention and
 1706  intervention program, discipline policies, and other violence
 1707  prevention efforts. The school district policy must contain, at
 1708  a minimum, the following components:
 1709         (n) A procedure for publicizing the policy, which must
 1710  include its publication in the standards for intervention code
 1711  of student conduct required under s. 1006.07 s. 1006.07(2) and
 1712  in all employee handbooks.
 1713         Section 15. Paragraph (a) of subsection (3) of section
 1714  1006.15, Florida Statutes, is amended to read:
 1715         1006.15 Student standards for participation in
 1716  interscholastic and intrascholastic extracurricular student
 1717  activities; regulation.—
 1718         (3)(a) As used in this section and s. 1006.20, the term
 1719  “eligible to participate” includes, but is not limited to, a
 1720  student participating in tryouts, off-season conditioning,
 1721  summer workouts, preseason conditioning, in-season practice, or
 1722  contests. The term does not mean that a student must be placed
 1723  on any specific team for interscholastic or intrascholastic
 1724  extracurricular activities. To be eligible to participate in
 1725  interscholastic extracurricular student activities, a student
 1726  must:
 1727         1. Maintain a grade point average of 2.0 or above on a 4.0
 1728  scale, or its equivalent, in the previous semester or a
 1729  cumulative grade point average of 2.0 or above on a 4.0 scale,
 1730  or its equivalent, in the courses required by s. 1002.3105(5) or
 1731  s. 1003.4282.
 1732         2. Execute and fulfill the requirements of an academic
 1733  performance contract between the student, the district school
 1734  board, the appropriate governing association, and the student’s
 1735  parents, if the student’s cumulative grade point average falls
 1736  below 2.0, or its equivalent, on a 4.0 scale in the courses
 1737  required by s. 1002.3105(5) or s. 1003.4282. At a minimum, the
 1738  contract must require that the student attend summer school, or
 1739  its graded equivalent, between grades 9 and 10 or grades 10 and
 1740  11, as necessary.
 1741         3. Have a cumulative grade point average of 2.0 or above on
 1742  a 4.0 scale, or its equivalent, in the courses required by s.
 1743  1002.3105(5) or s. 1003.4282 during his or her junior or senior
 1744  year.
 1745         4. Maintain satisfactory conduct, including adherence to
 1746  the school’s appropriate dress code and other standards for
 1747  intervention under s. 1006.07 codes of student conduct policies
 1748  described in s. 1006.07(2). If a student is convicted of, or is
 1749  found to have committed, a felony or a delinquent act that would
 1750  have been a felony if committed by an adult, regardless of
 1751  whether adjudication is withheld, the student’s participation in
 1752  interscholastic extracurricular activities is contingent upon
 1753  established and published district school board policy.
 1754         Section 16. Paragraph (b) of subsection (5) of section
 1755  1007.271, Florida Statutes, is amended to read:
 1756         1007.271 Dual enrollment programs.—
 1757         (5)
 1758         (b) Each president, or designee, of a postsecondary
 1759  institution offering a college credit dual enrollment course
 1760  must:
 1761         1. Provide a copy of the institution’s current faculty or
 1762  adjunct faculty handbook to all faculty members teaching a dual
 1763  enrollment course.
 1764         2. Provide to all faculty members teaching a dual
 1765  enrollment course a copy of the institution’s current student
 1766  handbook, which may include, but is not limited to, information
 1767  on registration policies, the standards for intervention student
 1768  code of conduct, grading policies, and critical dates.
 1769         3. Designate an individual or individuals to observe all
 1770  faculty members teaching a dual enrollment course, regardless of
 1771  the location of instruction.
 1772         4. Use the same criteria to evaluate faculty members
 1773  teaching a dual enrollment course as the criteria used to
 1774  evaluate all other faculty members.
 1775         5. Provide course plans and objectives to all faculty
 1776  members teaching a dual enrollment course.
 1777         Section 17. Paragraph (b) of subsection (4) of section
 1778  1012.98, Florida Statutes, is amended to read:
 1779         1012.98 School Community Professional Development Act.—
 1780         (4) The Department of Education, school districts, schools,
 1781  Florida College System institutions, and state universities
 1782  share the responsibilities described in this section. These
 1783  responsibilities include the following:
 1784         (b) Each school district shall develop a professional
 1785  development system as specified in subsection (3). The system
 1786  shall be developed in consultation with teachers, teacher
 1787  educators of Florida College System institutions and state
 1788  universities, business and community representatives, and local
 1789  education foundations, consortia, and professional
 1790  organizations. The professional development system must:
 1791         1. Be approved by the department. All substantial revisions
 1792  to the system shall be submitted to the department for review
 1793  for continued approval.
 1794         2. Be based on analyses of student achievement data and
 1795  instructional strategies and methods that support rigorous,
 1796  relevant, and challenging curricula for all students. Schools
 1797  and districts, in developing and refining the professional
 1798  development system, shall also review and monitor school
 1799  discipline data; school environment surveys; assessments of
 1800  parental satisfaction; performance appraisal data of teachers,
 1801  managers, and administrative personnel; and other performance
 1802  indicators to identify school and student needs that can be met
 1803  by improved professional performance.
 1804         3. Provide inservice activities coupled with followup
 1805  support appropriate to accomplish district-level and school
 1806  level improvement goals and standards. The inservice activities
 1807  for instructional personnel shall focus on analysis of student
 1808  achievement data, ongoing formal and informal assessments of
 1809  student achievement, identification and use of enhanced and
 1810  differentiated instructional strategies that emphasize rigor,
 1811  relevance, and reading in the content areas, enhancement of
 1812  subject content expertise, integrated use of classroom
 1813  technology that enhances teaching and learning, classroom
 1814  management, parent involvement, and school safety.
 1815         4. Provide inservice activities and support targeted to the
 1816  individual needs of new teachers participating in the
 1817  professional development certification and education competency
 1818  program under s. 1012.56(8)(a).
 1819         5. Include a master plan for inservice activities, pursuant
 1820  to rules of the State Board of Education, for all district
 1821  employees from all fund sources. The master plan shall be
 1822  updated annually by September 1, must be based on input from
 1823  teachers and district and school instructional leaders, and must
 1824  use the latest available student achievement data and research
 1825  to enhance rigor and relevance in the classroom. Each district
 1826  inservice plan must be aligned to and support the school-based
 1827  inservice plans and school improvement plans pursuant to s.
 1828  1001.42(18). Each district inservice plan must provide a
 1829  description of the training that middle grades instructional
 1830  personnel and school administrators receive on the district’s
 1831  standards for intervention code of student conduct adopted
 1832  pursuant to s. 1006.07; integrated digital instruction and
 1833  competency-based instruction and CAPE Digital Tool certificates
 1834  and CAPE industry certifications; classroom management; student
 1835  behavior and interaction; extended learning opportunities for
 1836  students; and instructional leadership. District plans must be
 1837  approved by the district school board annually in order to
 1838  ensure compliance with subsection (1) and to allow for
 1839  dissemination of research-based best practices to other
 1840  districts. District school boards must submit verification of
 1841  their approval to the Commissioner of Education no later than
 1842  October 1, annually. Each school principal may establish and
 1843  maintain an individual professional development plan for each
 1844  instructional employee assigned to the school as a seamless
 1845  component to the school improvement plans developed pursuant to
 1846  s. 1001.42(18). An individual professional development plan must
 1847  be related to specific performance data for the students to whom
 1848  the teacher is assigned, define the inservice objectives and
 1849  specific measurable improvements expected in student performance
 1850  as a result of the inservice activity, and include an evaluation
 1851  component that determines the effectiveness of the professional
 1852  development plan.
 1853         6. Include inservice activities for school administrative
 1854  personnel that address updated skills necessary for
 1855  instructional leadership and effective school management
 1856  pursuant to s. 1012.986.
 1857         7. Provide for systematic consultation with regional and
 1858  state personnel designated to provide technical assistance and
 1859  evaluation of local professional development programs.
 1860         8. Provide for delivery of professional development by
 1861  distance learning and other technology-based delivery systems to
 1862  reach more educators at lower costs.
 1863         9. Provide for the continuous evaluation of the quality and
 1864  effectiveness of professional development programs in order to
 1865  eliminate ineffective programs and strategies and to expand
 1866  effective ones. Evaluations must consider the impact of such
 1867  activities on the performance of participating educators and
 1868  their students’ achievement and behavior.
 1869         10. For middle grades, emphasize:
 1870         a. Interdisciplinary planning, collaboration, and
 1871  instruction.
 1872         b. Alignment of curriculum and instructional materials to
 1873  the state academic standards adopted pursuant to s. 1003.41.
 1874         c. Use of small learning communities; problem-solving,
 1875  inquiry-driven research and analytical approaches for students;
 1876  strategies and tools based on student needs; competency-based
 1877  instruction; integrated digital instruction; and project-based
 1878  instruction.
 1879  
 1880  Each school that includes any of grades 6, 7, or 8 must include
 1881  in its school improvement plan, required under s. 1001.42(18), a
 1882  description of the specific strategies used by the school to
 1883  implement each item listed in this subparagraph.
 1884         11. Provide training to reading coaches, classroom
 1885  teachers, and school administrators in effective methods of
 1886  identifying characteristics of conditions such as dyslexia and
 1887  other causes of diminished phonological processing skills;
 1888  incorporating instructional techniques into the general
 1889  education setting which are proven to improve reading
 1890  performance for all students; and using predictive and other
 1891  data to make instructional decisions based on individual student
 1892  needs. The training must help teachers integrate phonemic
 1893  awareness; phonics, word study, and spelling; reading fluency;
 1894  vocabulary, including academic vocabulary; and text
 1895  comprehension strategies into an explicit, systematic, and
 1896  sequential approach to reading instruction, including
 1897  multisensory intervention strategies. Each district must provide
 1898  all elementary grades instructional personnel access to training
 1899  sufficient to meet the requirements of s. 1012.585(3)(f).
 1900         Section 18. This act shall take effect July 1, 2018.

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