Bill Text: FL S7040 | 2020 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Implementation of the Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/HB 7065 [S7040 Detail]
Download: Florida-2020-S7040-Comm_Sub.html
Bill Title: Implementation of the Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission
Spectrum: Slight Partisan Bill (? 3-1)
Status: (Introduced - Dead) 2020-03-10 - Laid on Table, refer to CS/HB 7065 [S7040 Detail]
Download: Florida-2020-S7040-Comm_Sub.html
Florida Senate - 2020 CS for SB 7040
By the Committees on Infrastructure and Security; and Education
596-03025A-20 20207040c1
1 A bill to be entitled
2 An act relating to implementation of the
3 recommendations of the Marjory Stoneman Douglas High
4 School Public Safety Commission; amending s. 30.15,
5 F.S.; authorizing a sheriff to contract for services
6 to provide training under the Coach Aaron Feis
7 Guardian Program; revising training and evaluation
8 requirements for school guardians; expanding the
9 program to include the training and certification of
10 school security guards; requiring the review and
11 approval of evaluations and results; amending s.
12 943.082, F.S.; adding penalties for persons who
13 knowingly submit false information to a law
14 enforcement agency; amending s. 943.687, F.S.;
15 requiring the addition of three members to the Marjory
16 Stoneman Douglas High School Public Safety Commission
17 as of a certain date; requiring consideration of
18 balanced representation; amending s. 985.12, F.S.;
19 requiring certain state agencies and state attorneys
20 to cooperate in the oversight and enforcement of
21 school-based diversion programs; requiring that law
22 enforcement officers have access to a certain
23 database; amending s. 1001.11, F.S.; specifying
24 legislative intent; assigning the Commissioner of
25 Education specified duties regarding education-related
26 school safety requirements; amending s. 1001.212,
27 F.S.; revising the training, consultation, and
28 coordination responsibilities of the Office of Safe
29 Schools; conforming and requiring evaluation and
30 coordination of incident reporting requirements;
31 requiring the office to maintain a directory of
32 programs; requiring the office to develop a model
33 plan; amending s. 1002.33, F.S.; conforming safety
34 requirements to changes made by the act; amending s.
35 1002.421, F.S.; requiring private schools comply with
36 certain statutory provision related to criteria for
37 assigning a student to a civil citation or similar
38 prearrest diversion program; amending s. 1003.5716,
39 F.S.; revising individual education plan requirements
40 for certain students to include a statement of
41 expectations for the transition of behavioral health
42 services needed after high school graduation;
43 requiring parent, student, and agency roles and
44 responsibilities to be specified in a course of action
45 transition plan, as applicable; amending s. 1004.44,
46 F.S.; requiring the Louis de la Parte Florida Mental
47 Health Institute to consult with specified state
48 agencies and convene a workgroup to advise those
49 agencies on the implementation of specified mental
50 health recommendations; requiring the institute to
51 submit a report with administrative and legislative
52 policy recommendations to the Governor and the
53 Legislature by a specified date; authorizing the
54 institute to submit additional reports and
55 recommendations as needed and requested; amending s.
56 1006.07, F.S.; requiring code of student conduct
57 policies to contain prearrest diversion program
58 criteria; specifying requirements applicable to
59 emergency drill policies and procedures, in accordance
60 with State Board of Education rules; requiring the
61 state board to adopt rules in consultation with state
62 and local entities; adding threat assessment team
63 membership, training, and procedural requirements;
64 incorporating additional discipline and behavioral
65 incident reports within school safety incident
66 reporting requirements; requiring district school
67 boards to adopt school district emergency event family
68 reunification policies and plans; requiring school
69 based emergency event family reunification plans to be
70 consistent with school board policy and the school
71 district plan; requiring plans to address specified
72 requirements within the framework of model policies
73 and plans identified by the office; amending s.
74 1006.09, F.S.; requiring school principals to use a
75 specified system to report school safety incidents;
76 amending s. 1006.12, F.S.; requiring school safety
77 officers to complete specified training to improve
78 knowledge and skills as first responders to certain
79 incidents; specifying county sheriffs’ responsibility
80 for specified training required for school security
81 guards; requiring certain school security guards to
82 meet district background screening requirements and
83 qualification requirements; conforming notification
84 requirements to changes made by the act; amending s.
85 1006.13, F.S.; authorizing district school boards to
86 assign students to certain diversion programs as
87 options within zero-tolerance policies; amending s.
88 1006.1493, F.S.; revising components that must be
89 assessed by the Florida Safe Schools Assessment Tool
90 to include policies and procedures to prepare for and
91 respond to natural or manmade disasters or
92 emergencies; amending s. 1011.62, F.S.; revising
93 requirements that must be met before the distribution
94 of the mental health assistance allocation; providing
95 effective dates.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99 Section 1. Paragraph (k) of subsection (1) of section
100 30.15, Florida Statutes, is amended to read:
101 30.15 Powers, duties, and obligations.—
102 (1) Sheriffs, in their respective counties, in person or by
103 deputy, shall:
104 (k) Assist district school boards and charter school
105 governing boards in complying with s. 1006.12. A sheriff must,
106 at a minimum, provide access to a Coach Aaron Feis Guardian
107 Program training to aid in the prevention or abatement of active
108 assailant incidents on school premises, as required under this
109 paragraph. Persons certified as Feis guardian program certified
110 school guardians or Feis guardian program certified school
111 security guards pursuant to this paragraph do not have no
112 authority to act in any law enforcement capacity except to the
113 extent necessary to prevent or abate an active assailant
114 incident.
115 1.a. If a local school board has voted by a majority to
116 implement a Feis guardian program, the sheriff in that county
117 shall establish a Feis guardian program to provide training,
118 pursuant to subparagraph 2., to school district or charter
119 school employees directly; through a contract with an entity
120 selected by the local sheriff, provided that the local sheriff
121 oversees, supervises, and certifies all aspects of the contract
122 governing the Feis guardian program for the local jurisdiction;
123 , either directly or through a contract with another sheriff’s
124 office that has established a Feis guardian program; or through
125 any combination thereof. To facilitate effective training and
126 emergency response in the event of an active assailant
127 situation, a sheriff who contracts with one or more county
128 sheriffs to provide Feis guardian program training and
129 certification for the local school district and charter schools
130 within its county jurisdiction shall notify, in writing, the
131 local district school superintendent and charter school
132 administrators of all county-specific protocols incorporated
133 into the contracted Feis guardian program training and
134 certification requirements.
135 b. A charter school governing board in a school district
136 that has not voted, or has declined, to implement a Feis
137 guardian program may request the sheriff in the county to
138 establish a Feis guardian program for the purpose of training
139 the charter school employees. If the county sheriff denies the
140 request, the charter school governing board may contract with a
141 sheriff that has established a Feis guardian program to provide
142 such training. The charter school governing board must notify,
143 in writing, the superintendent and the sheriff in the charter
144 school’s county of the contract prior to its execution.
145 c. The sheriff conducting the Feis guardian program
146 training pursuant to subparagraph 2. shall will be reimbursed by
147 the Department of Education for screening-related and training
148 related costs for Feis guardian program certified school
149 guardians and Feis guardian program certified school security
150 guards as provided in s. 1006.12(3) and (4), respectively, and
151 for providing a one-time stipend of $500 to each Feis guardian
152 program certified school guardian who participates in the Feis
153 school guardian program as an employee of a school district or
154 charter school.
155 2. A sheriff who establishes a Feis guardian training
156 program shall consult with the Department of Law Enforcement on
157 programmatic guiding principles, practices, and resources, and
158 shall certify, without the power of arrest, Feis guardian
159 program certified as school guardians, without the power of
160 arrest, school employees, as specified in s. 1006.12(3) and Feis
161 guardian program school security guards as specified in s.
162 1006.12(4), who:
163 a. Hold a valid license issued under s. 790.06, applicable
164 to district or school employees serving as Feis guardian program
165 certified school guardians pursuant to s. 1006.12(3); or hold a
166 valid Class “D” and Class “G” license issued under chapter 493,
167 applicable to individuals contracted to serve as Feis guardian
168 program certified school security guards under s. 1006.12(4).
169 b. Complete a 144-hour training program, consisting of 12
170 hours of certified nationally recognized diversity training and
171 132 total hours of comprehensive firearm safety and proficiency
172 training, conducted by Criminal Justice Standards and Training
173 Commission-certified instructors who hold active instructional
174 certifications, which must include:
175 (I) Eighty hours of firearms instruction based on the
176 Criminal Justice Standards and Training Commission’s Law
177 Enforcement Academy training model, which must include at least
178 10 percent but no more than 20 percent more rounds fired than
179 associated with academy training. Program participants must
180 achieve an 85 percent pass rate on the firearms training.
181 (II) Sixteen hours of instruction in precision pistol.
182 Training must include night and low-light shooting conditions.
183 (III) Eight hours of discretionary shooting instruction
184 using state-of-the-art simulator exercises.
185 (IV) Eight hours of instruction in active shooter or
186 assailant scenarios.
187 (V) Eight hours of instruction in defensive tactics.
188 (VI) Twelve hours of instruction in legal issues.
189 c. Submit to and pass a psychological evaluation
190 administered by a licensed professional psychologist licensed
191 under chapter 490 and designated by the Department of Law
192 Enforcement and submit the results of the evaluation to the
193 sheriff’s office. The sheriff’s office must review and approve
194 the results of each applicant’s psychological evaluation before
195 accepting the applicant into the Feis guardian program. The
196 Department of Law Enforcement is authorized to provide the
197 sheriff’s office with mental health and substance abuse data for
198 compliance with this paragraph.
199 d. Submit to and pass an initial drug test and subsequent
200 random drug tests in accordance with the requirements of s.
201 112.0455 and the sheriff’s office. The sheriff’s office must
202 review and approve the results of each applicant’s drug tests
203 before accepting the applicant into the Feis guardian program.
204 e. Successfully complete ongoing training conducted by a
205 Criminal Justice Standards and Training Commission-certified
206 instructor who holds an active instructional certification,
207 weapon inspection, and firearm qualification on at least an
208 annual basis, as required by the sheriff’s office.
209
210 The sheriff who conducts the Feis guardian program training
211 pursuant to this paragraph shall issue a Feis school guardian
212 program certificate to individuals who meet the requirements of
213 this section to the satisfaction of the sheriff, and shall
214 maintain documentation of weapon and equipment inspections, as
215 well as the training, certification, inspection, and
216 qualification records of each Feis guardian program certified
217 school guardian and Feis guardian program certified school
218 security guard certified by the sheriff. An individual who is
219 certified under this paragraph may serve as a Feis guardian
220 program certified school guardian under s. 1006.12(3) or a Feis
221 guardian program certified school security guard under s.
222 1006.12(4) only if he or she is appointed by the applicable
223 district school superintendent school district superintendent or
224 charter school administrator principal.
225 Section 2. Effective October 1, 2020, paragraph (c) is
226 added to subsection (2) of section 943.082, Florida Statutes, to
227 read:
228 943.082 School Safety Awareness Program.—
229 (2) The reporting tool must notify the reporting party of
230 the following information:
231 (c) That, if following investigation, it is determined that
232 a person knowingly submitted a false tip through FortifyFL, the
233 IP address of the device on which the tip was submitted will be
234 provided to law enforcement agencies for further investigation
235 and the reporting party may be subject to criminal penalties
236 under s. 837.05. In all other circumstances, unless the
237 reporting party has chosen to disclose his or her identity, the
238 report must remain anonymous.
239 Section 3. Paragraph (a) of subsection (2) of section
240 943.687, Florida Statutes, is amended to read:
241 943.687 Marjory Stoneman Douglas High School Public Safety
242 Commission.—
243 (2)(a)1. The commission shall convene no later than June 1,
244 2018, and shall be composed of 16 members. Five members shall be
245 appointed by the President of the Senate, five members shall be
246 appointed by the Speaker of the House of Representatives, and
247 five members shall be appointed by the Governor. From the
248 members of the commission, the Governor shall appoint the chair.
249 Appointments must be made by April 30, 2018. The Commissioner of
250 the Department of Law Enforcement shall serve as a member of the
251 commission. The Secretary of Children and Families, the
252 Secretary of Juvenile Justice, the Secretary of Health Care
253 Administration, and the Commissioner of Education shall serve as
254 ex officio, nonvoting members of the commission. Members shall
255 serve at the pleasure of the officer who appointed the member. A
256 vacancy on the commission shall be filled in the same manner as
257 the original appointment.
258 2. In addition to the membership requirements of
259 subparagraph 1., beginning June 1, 2020, the commission shall
260 include three additional members selected from among the state’s
261 actively serving district school superintendents, school
262 principals, and classroom teachers. The additional members must
263 be appointed by May 30, 2020, one each by the Governor, the
264 President of the Senate, and the Speaker of the House of
265 Representatives. Thereafter, to the extent possible, future
266 appointments to fill vacancies or replace members of the
267 commission must give consideration to achieving an equal balance
268 of school district, law enforcement, and health care
269 professional representation which reflects the cultural
270 diversity of the state.
271 Section 4. Paragraphs (c) and (f) of subsection (2) of
272 section 985.12, Florida Statutes, are amended to read:
273 985.12 Civil citation or similar prearrest diversion
274 programs.—
275 (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
276 DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
277 (c) The state attorney of each circuit shall operate a
278 civil citation or similar prearrest diversion program in each
279 circuit. A sheriff, police department, county, municipality,
280 locally authorized entity, or public or private educational
281 institution may continue to operate an independent civil
282 citation or similar prearrest diversion program that is in
283 operation as of October 1, 2018, if the independent program is
284 reviewed by the state attorney of the applicable circuit and he
285 or she determines that the independent program is substantially
286 similar to the civil citation or similar prearrest diversion
287 program developed by the circuit. If the state attorney
288 determines that the independent program is not substantially
289 similar to the civil citation or similar prearrest diversion
290 program developed by the circuit, the operator of the
291 independent diversion program may revise the program and the
292 state attorney may conduct an additional review of the
293 independent program. In cooperation with the Department of
294 Education pursuant to s. 1001.212, the department and the state
295 attorney of each judicial circuit shall monitor and enforce
296 compliance with school-based diversion program requirements.
297 (f) Each civil citation or similar prearrest diversion
298 program shall enter the appropriate youth data into the Juvenile
299 Justice Information System Prevention Web within 7 days after
300 the admission of the youth into the program. Beginning in fiscal
301 year 2021-2022, law enforcement officers must have field access
302 to the Juvenile Justice Information System Prevention Web.
303 Section 5. Subsection (9) of section 1001.11, Florida
304 Statutes, is amended to read:
305 1001.11 Commissioner of Education; other duties.—
306 (9) With the intent of ensuring safe learning and teaching
307 environments, the commissioner shall oversee compliance with
308 education-related health, the safety, welfare, and security
309 requirements of law the Marjory Stoneman Douglas High School
310 Public Safety Act, chapter 2018-3, Laws of Florida, by school
311 districts; district school superintendents; and public schools,
312 including charter schools; and other entities or constituencies
313 as may be applicable. The commissioner shall must facilitate
314 public and nonpublic school compliance to the maximum extent
315 provided under law, identify incidents of material
316 noncompliance, and impose or recommend to the State Board of
317 Education, the Governor, or the Legislature enforcement and
318 sanctioning actions pursuant to s. 1001.42, s. 1001.51, chapter
319 1002, and s. 1008.32, and other authority granted under law. For
320 purposes of this subsection, s. 1001.42(13)(b), and s.
321 1001.51(12)(b), the duties assigned to a district school
322 superintendent apply to charter school administrative personnel
323 as defined in s. 1012.01(3), and charter school governing boards
324 shall designate at least one administrator to be responsible for
325 such duties. The duties assigned to a district school board
326 apply to a charter school governing board.
327 Section 6. Present subsections (14) and (15) of section
328 1001.212, Florida Statutes, are redesignated as subsections (16)
329 and (17), respectively, new subsections (14) and (15) are added
330 to that section, and subsections (2), (4), (6), and (8) of that
331 section are amended, to read:
332 1001.212 Office of Safe Schools.—There is created in the
333 Department of Education the Office of Safe Schools. The office
334 is fully accountable to the Commissioner of Education. The
335 office shall serve as a central repository for best practices,
336 training standards, and compliance oversight in all matters
337 regarding school safety and security, including prevention
338 efforts, intervention efforts, and emergency preparedness
339 planning. The office shall:
340 (2) Provide ongoing professional development opportunities
341 to school district and charter school personnel.
342 (4) Develop and implement a School Safety Specialist
343 Training Program for school safety specialists appointed
344 pursuant to s. 1006.07(6). The office shall develop the training
345 program, which shall be based on national and state best
346 practices on school safety and security and must include active
347 shooter training. Training must also include information about
348 federal and state laws regarding education records, medical
349 records, data privacy, and incident reporting requirements,
350 particularly with respect to behavioral threat assessment and
351 emergency planning and response procedures. The office shall
352 develop training modules in traditional or online formats. A
353 school safety specialist certificate of completion shall be
354 awarded to a school safety specialist who satisfactorily
355 completes the training required by rules of the office.
356 (6) Coordinate with the Department of Law Enforcement to
357 provide a centralized integrated data repository, known as the
358 Florida Schools Safety Portal, and data analytics resources to
359 improve access to timely, complete, and accurate information
360 integrating data from, at a minimum, but not limited to, the
361 following data sources by August 1, 2019:
362 (a) Social media Internet posts;
363 (b) Department of Children and Families;
364 (c) Department of Law Enforcement;
365 (d) Department of Juvenile Justice;
366 (e) Mobile suspicious activity reporting tool known as
367 FortifyFL;
368 (f) School environmental safety incident reports collected
369 under subsection (8); and
370 (g) Local law enforcement.
371
372 Data that is exempt or confidential and exempt from public
373 records requirements retains its exempt or confidential and
374 exempt status when incorporated into the centralized integrated
375 data repository. To maintain the confidentiality requirements
376 attached to the information provided to the centralized
377 integrated data repository by the various state and local
378 agencies, data governance and security shall ensure compliance
379 with all applicable state and federal data privacy requirements
380 through the use of user authorization and role-based security,
381 data anonymization and aggregation and auditing capabilities. To
382 maintain the confidentiality requirements attached to the
383 information provided to the centralized integrated data
384 repository by the various state and local agencies, each source
385 agency providing data to the repository shall be the sole
386 custodian of the data for the purpose of any request for
387 inspection or copies thereof under chapter 119. The department
388 shall only allow access to data from the source agencies in
389 accordance with rules adopted by the respective source agencies
390 and the requirements of the Federal Bureau of Investigation
391 Criminal Justice Information Services security policy, where
392 applicable.
393 (8) Oversee, facilitate, and coordinate district and school
394 compliance with school safety incident reporting requirements in
395 accordance with rules adopted by the state board enacting the
396 school safety incident reporting requirements of this
397 subsection, s. 1006.07(9), and other statutory safety incident
398 reporting requirements. The office shall:
399 (a) Provide technical assistance to school districts and
400 charter school governing boards and administrators for school
401 environmental safety incident reporting as required under s.
402 1006.07(9).
403 (b) The office shall Collect data through school
404 environmental safety incident reports on incidents involving any
405 person which occur on school premises, on school transportation,
406 and at off-campus, school-sponsored events.
407 (c) Review and evaluate safety incident reports of each The
408 office shall review and evaluate school district and charter
409 school and other entities, as may be required by law, reports to
410 ensure compliance with reporting requirements. The office shall
411 timely notify the commissioner of all incidents of material
412 noncompliance for purposes of invoking the commissioner’s
413 responsibilities provided under s. 1001.11(9). Upon notification
414 by the commissioner department that a superintendent or charter
415 school administrator has, based on clear and convincing
416 evidence, failed to comply with the requirements of s.
417 1006.07(9), the district school board or charter school
418 governing board, as applicable, shall withhold further payment
419 of his or her salary as authorized under s. 1001.42(13)(b) and
420 impose other appropriate sanctions that the commissioner or
421 state board by law may impose, pending demonstration of full
422 compliance.
423 (14) Maintain a current directory of public and private
424 school-based diversion programs and cooperate with each judicial
425 circuit and the Department of Juvenile Justice to facilitate
426 their efforts to monitor and enforce each governing body’s
427 compliance with s. 985.12.
428 (15) Develop, in coordination with the Division of
429 Emergency Management, other federal, state, and local law
430 enforcement agencies, fire and rescue agencies, and first
431 responder agencies, a model emergency event family reunification
432 plan for use by child care facilities, public K-12 schools, and
433 public postsecondary institutions that are closed or
434 unexpectedly evacuated due to natural or manmade disasters or
435 emergencies.
436 Section 7. Paragraph (b) of subsection (16) of section
437 1002.33, Florida Statutes, is amended to read:
438 1002.33 Charter schools.—
439 (16) EXEMPTION FROM STATUTES.—
440 (b) Additionally, a charter school shall demonstrate and
441 certify in its contract, and if necessary through addendum to
442 its contract, the charter school’s be in compliance with the
443 following statutes:
444 1. Section 286.011, relating to public meetings and
445 records, public inspection, and criminal and civil penalties.
446 2. Chapter 119, relating to public records.
447 3. Section 1003.03, relating to the maximum class size,
448 except that the calculation for compliance pursuant to s.
449 1003.03 shall be the average at the school level.
450 4. Section 1012.22(1)(c), relating to compensation and
451 salary schedules.
452 5. Section 1012.33(5), relating to workforce reductions.
453 6. Section 1012.335, relating to contracts with
454 instructional personnel hired on or after July 1, 2011.
455 7. Section 1012.34, relating to the substantive
456 requirements for performance evaluations for instructional
457 personnel and school administrators.
458 8. Section 1006.12, relating to safe-school officers.
459 9. Section 1006.07(7), relating to threat assessment teams.
460 10. Section 1006.07(9), relating to school Environmental
461 safety incident reporting.
462 11. Section 1006.1493, relating to the Florida Safe Schools
463 Assessment Tool.
464 12. Section 1006.07(6)(c), relating to adopting an active
465 assailant response plan.
466 13. Section 943.082(4)(b), relating to the mobile
467 suspicious activity reporting tool.
468 14. Section 1012.584, relating to youth mental health
469 awareness and assistance training.
470 15. Section 1006.07(4), relating to emergency drills and
471 emergency procedures.
472 16. Section 1006.07(2)(n), relating to criteria for
473 assigning a student to a civil citation or similar prearrest
474 diversion program.
475 Section 8. Paragraph (r) is added to subsection (1) of
476 section 1002.421, Florida Statutes to read:
477 1002.421 State school choice scholarship program
478 accountability and oversight.—
479 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
480 school participating in an educational scholarship program
481 established pursuant to this chapter must be a private school as
482 defined in s. 1002.01(2) in this state, be registered, and be in
483 compliance with all requirements of this section in addition to
484 private school requirements outlined in s. 1002.42, specific
485 requirements identified within respective scholarship program
486 laws, and other provisions of Florida law that apply to private
487 schools, and must:
488 (r) Comply with section 1006.07(2)(n), Florida Statutes.
489
490 The department shall suspend the payment of funds to a private
491 school that knowingly fails to comply with this subsection, and
492 shall prohibit the school from enrolling new scholarship
493 students, for 1 fiscal year and until the school complies. If a
494 private school fails to meet the requirements of this subsection
495 or has consecutive years of material exceptions listed in the
496 report required under paragraph (q), the commissioner may
497 determine that the private school is ineligible to participate
498 in a scholarship program.
499 Section 9. Paragraph (d) is added to subsection (2) of
500 section 1003.5716, Florida Statutes, to read:
501 1003.5716 Transition to postsecondary education and career
502 opportunities.—All students with disabilities who are 3 years of
503 age to 21 years of age have the right to a free, appropriate
504 public education. As used in this section, the term “IEP” means
505 individual education plan.
506 (2) Beginning not later than the first IEP to be in effect
507 when the student attains the age of 16, or younger if determined
508 appropriate by the parent and the IEP team, the IEP must include
509 the following statements that must be updated annually:
510 (d) A statement of post-high school performance
511 expectations which includes a proposed transition plan that
512 facilitates continuity of care and coordination of any
513 behavioral health services needed to assist the student in
514 reaching those expectations. The statement must also specify
515 parent, student, and agency roles and responsibilities
516 pertaining to the provision and funding of specified transition
517 services, as applicable.
518 Section 10. Subsection (5) is added to section 1004.44,
519 Florida Statutes, to read:
520 1004.44 Louis de la Parte Florida Mental Health Institute.
521 There is established the Louis de la Parte Florida Mental Health
522 Institute within the University of South Florida.
523 (5) In consultation with the Department of Children and
524 Families, the Department of Juvenile Justice, and the Department
525 of Education, the institute shall convene a workgroup of
526 practitioners and experts to review, evaluate, and provide
527 implementation guidance on the mental health-related findings
528 and recommendations of the Marjory Stoneman Douglas High School
529 Public Safety Commission, as approved in reports submitted
530 pursuant to s. 943.687. The workgroup shall analyze, evaluate,
531 and identify regulatory or legislative actions necessary to
532 facilitate implementation of each recommendation. By August 1,
533 2020, the institute shall submit to the Governor, the President
534 of the Senate, and the Speaker of the House of Representatives
535 an initial summary report of activities, specific policy and
536 budget recommendations, including draft legislation and
537 associated fiscal impact statements, and other information and
538 policy or administrative recommendations to improve the state’s
539 mental health system of care. The institute must continue to
540 monitor commission activities and coordinate with agency
541 partners to advise them on implementation activities, and may
542 submit subsequent reports and recommendations on an annual basis
543 or as requested. This subsection shall expire July 1, 2024.
544 Section 11. Paragraph (a) of subsection (4), paragraph (a)
545 of subsection (6), paragraph (a) of subsection (7), and
546 subsection (9) of section 1006.07, Florida Statutes, are
547 amended, and paragraph (n) of subsection (2), paragraph (d) of
548 subsection (4), and subsection (10) are added to that section,
549 to read:
550 1006.07 District school board duties relating to student
551 discipline and school safety.—The district school board shall
552 provide for the proper accounting for all students, for the
553 attendance and control of students at school, and for proper
554 attention to health, safety, and other matters relating to the
555 welfare of students, including:
556 (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
557 conduct for elementary schools and a code of student conduct for
558 middle and high schools and distribute the appropriate code to
559 all teachers, school personnel, students, and parents, at the
560 beginning of every school year. Each code shall be organized and
561 written in language that is understandable to students and
562 parents and shall be discussed at the beginning of every school
563 year in student classes, school advisory council meetings, and
564 parent and teacher association or organization meetings. Each
565 code shall be based on the rules governing student conduct and
566 discipline adopted by the district school board and shall be
567 made available in the student handbook or similar publication.
568 Each code shall include, but is not limited to:
569 (n) Criteria for assigning a student to a civil citation or
570 similar prearrest diversion program that is an alternative to
571 expulsion or referral to law enforcement agencies. All civil
572 citation or similar prearrest diversion programs must comply
573 with s. 985.12.
574 (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
575 (a) Formulate and prescribe policies and procedures, in
576 consultation with the appropriate public safety agencies, for
577 emergency drills and for actual emergencies, including, but not
578 limited to, fires, natural disasters, active shooter and hostage
579 situations, and bomb threats, for all students and faculty at
580 all public schools of the district composed comprised of grades
581 K-12, pursuant to state board rule. Drills for active shooter
582 and hostage situations shall be conducted in accordance with
583 developmentally appropriate and age-appropriate procedures, as
584 specified in state board rules at least as often as other
585 emergency drills. Law enforcement officers responsible for
586 responding to the school in the event of an active assailant
587 emergency, as determined necessary by the sheriff in
588 coordination with the district’s school safety specialist, must
589 be physically present on campus and directly involved in the
590 execution of active assailant emergency drills. District school
591 board policies shall include commonly used alarm system
592 responses for specific types of emergencies and verification by
593 each school that drills have been provided as required by law,
594 state board rule, and fire protection codes. The emergency
595 response policy shall identify the individuals responsible for
596 contacting the primary emergency response agency and the
597 emergency response agency that is responsible for notifying the
598 school district for each type of emergency. The state board
599 shall refer to recommendations provided in reports published
600 pursuant to s. 943.687 for guidance and, by August 1, 2020,
601 consult with state and local constituencies to adopt rules
602 applicable to the requirements of this subsection which, at a
603 minimum, define “emergency drill,” “active threat,” and “after
604 action report,” and must establish minimum emergency drill
605 policies and procedures related to the timing, frequency,
606 participation, training, notification, accommodations, and
607 responses to threat situations by incident type, school level,
608 school type, and student and school characteristics. Such rules
609 must require all types of emergency drills to be conducted no
610 less frequently than on an annual school year basis.
611 (d) Consistent with subsection (10), as a component of
612 emergency procedures, each district school board and charter
613 school governing board must adopt, in coordination with local
614 law enforcement agencies, an emergency event family
615 reunification plan to reunite students and employees with their
616 families in the event of a mass casualty or other emergency
617 event situation.
618 (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
619 school superintendent shall establish policies and procedures
620 for the prevention of violence on school grounds, including the
621 assessment of and intervention with individuals whose behavior
622 poses a threat to the safety of the school community.
623 (a) Each district school superintendent shall designate a
624 school safety specialist for the district. The school safety
625 specialist must be a school administrator employed by the school
626 district or a law enforcement officer employed by the sheriff’s
627 office located in the school district. Any school safety
628 specialist designated from the sheriff’s office must first be
629 authorized and approved by the sheriff employing the law
630 enforcement officer. Any school safety specialist designated
631 from the sheriff’s office remains the employee of the office for
632 purposes of compensation, insurance, workers’ compensation, and
633 other benefits authorized by law for a law enforcement officer
634 employed by the sheriff’s office. The sheriff and the school
635 superintendent may determine by agreement the reimbursement for
636 such costs, or may share the costs, associated with employment
637 of the law enforcement officer as a school safety specialist.
638 The school safety specialist must earn a certificate of
639 completion of the school safety specialist training provided by
640 the Office of Safe Schools within 1 year after appointment and
641 is responsible for the supervision and oversight for all school
642 safety and security personnel, policies, and procedures in the
643 school district. The school safety specialist shall:
644 1. Review school district policies and procedures for
645 compliance with state law and rules, including the district’s
646 timely and accurate submission of school environmental safety
647 incident reports to the department pursuant to s. 1001.212(8).
648 2. Provide the necessary training and resources to students
649 and school district staff in matters relating to youth mental
650 health awareness and assistance; emergency procedures, including
651 active shooter training; and school safety and security.
652 3. Serve as the school district liaison with local public
653 safety agencies and national, state, and community agencies and
654 organizations in matters of school safety and security.
655 4. In collaboration with the appropriate public safety
656 agencies, as that term is defined in s. 365.171, by October 1 of
657 each year, conduct a school security risk assessment at each
658 public school using the Florida Safe Schools Assessment Tool
659 developed by the Office of Safe Schools pursuant to s.
660 1006.1493. Based on the assessment findings, the district’s
661 school safety specialist shall provide recommendations to the
662 district school superintendent and the district school board
663 which identify strategies and activities that the district
664 school board should implement in order to address the findings
665 and improve school safety and security. Each district school
666 board must receive such findings and the school safety
667 specialist’s recommendations at a publicly noticed district
668 school board meeting to provide the public an opportunity to
669 hear the district school board members discuss and take action
670 on the findings and recommendations. Each school safety
671 specialist shall report such findings and school board action to
672 the Office of Safe Schools within 30 days after the district
673 school board meeting.
674 (7) THREAT ASSESSMENT TEAMS.—Each district school board
675 shall adopt policies for the establishment of threat assessment
676 teams at each school whose duties include the coordination of
677 resources and assessment and intervention with individuals whose
678 behavior may pose a threat to the safety of school staff or
679 students consistent with the model policies developed by the
680 Office of Safe Schools. Such policies must include procedures
681 for referrals to mental health services identified by the school
682 district pursuant to s. 1012.584(4), when appropriate, and
683 procedures for behavioral threat assessments in compliance with
684 the instrument developed pursuant to s. 1001.212(12).
685 (a) A threat assessment team shall include a sworn law
686 enforcement officer who has undergone threat assessment training
687 identified by the Office of Safe Schools pursuant to s.
688 1001.212, and persons with expertise in counseling, instruction,
689 and school administration, and law enforcement. All required
690 members of the threat assessment team must be involved in the
691 threat assessment process, from start to finish, including the
692 determination of the final disposition decision. The threat
693 assessment teams shall identify members of the school community
694 to whom threatening behavior should be reported and provide
695 guidance to students, faculty, and staff regarding recognition
696 of threatening or aberrant behavior that may represent a threat
697 to the community, school, or self. Upon the availability of the
698 behavioral threat assessment instrument developed pursuant to s.
699 1001.212(12), the threat assessment team shall use that
700 instrument.
701 (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
702 district school board shall adopt policies to ensure the
703 accurate and timely reporting of incidents related to school
704 safety and discipline. For purposes of s. 1001.212(8) and this
705 subsection, incidents related to school safety and discipline
706 include incidents reported pursuant to ss. 1006.09, 1006.13,
707 1006.135, 1006.147, and 1006.148. The district school
708 superintendent is responsible for school environmental safety
709 incident reporting. A district school superintendent who fails
710 to comply with this subsection is subject to the penalties
711 specified in law, including, but not limited to, s.
712 1001.42(13)(b) or s. 1001.51(12)(b), as applicable. The State
713 Board of Education shall adopt rules establishing the
714 requirements for the school environmental safety incident
715 reporting report.
716 (10) EMERGENCY EVENT FAMILY REUNIFICATION POLICIES AND
717 PLANS.—By August 1, 2021, each district school board shall adopt
718 a school district emergency event family reunification policy
719 establishing elements and requirements for a school district
720 emergency event family reunification plan and individual school
721 based emergency event family reunification plans for the purpose
722 of reuniting students and employees with their families in the
723 event of a mass casualty or other emergency event situation.
724 (a) School district policies and plans must be coordinated
725 with the county sheriff and local law enforcement. School-based
726 plans must be consistent with school board policy and the school
727 district plan. The school board is encouraged to apply model
728 mass casualty death notification and reunification policies and
729 practices referenced in reports published pursuant to s. 943.687
730 and as developed by the Office of Safe Schools.
731 (b) Minimally, plans must identify potential reunification
732 sites and ensure a unified command at each site, identify
733 equipment needs, provide multiple methods of communication with
734 family members of students and staff, address training for
735 employees, and provide multiple methods to aid law enforcement
736 in identification of students and staff, including written
737 backup documents.
738 Section 12. Subsection (6) of section 1006.09, Florida
739 Statutes, is amended to read:
740 1006.09 Duties of school principal relating to student
741 discipline and school safety.—
742 (6) Each school principal must ensure that standardized
743 forms prescribed by rule of the State Board of Education are
744 used to report data concerning school safety and discipline to
745 the department through the School Environmental Safety Incident
746 Reporting (SESIR) System. The school principal must develop a
747 plan to verify the accuracy of reported incidents.
748 Section 13. Section 1006.12, Florida Statutes, is amended
749 to read:
750 1006.12 Safe-school officers at each public school.—For the
751 protection and safety of school personnel, property, students,
752 and visitors, each district school board and district school
753 superintendent school district superintendent shall partner with
754 law enforcement agencies or security agencies to establish or
755 assign one or more safe-school officers at each school facility
756 within the district, including charter schools. A district
757 school board must collaborate with charter school governing
758 boards to facilitate charter school access to all safe-school
759 officer options available under this section. The school
760 district may implement one or more any combination of the
761 options specified in subsections (1)-(4) to best meet the needs
762 of the school district and charter schools.
763 (1) SWORN LAW ENFORCEMENT SCHOOL RESOURCE OFFICER.—A school
764 district may establish school resource officer programs through
765 a cooperative agreement with law enforcement agencies.
766 (a) Sworn law enforcement school resource officers shall
767 undergo criminal background checks, drug testing, and a
768 psychological evaluation and be certified law enforcement
769 officers, as defined in s. 943.10(1), who are employed by a law
770 enforcement agency as defined in s. 943.10(4). The powers and
771 duties of a law enforcement officer shall continue throughout
772 the employee’s tenure as a sworn law enforcement school resource
773 officer.
774 (b) Sworn law enforcement school resource officers shall
775 abide by district school board policies and shall consult with
776 and coordinate activities through the school principal, but
777 shall be responsible to the law enforcement agency in all
778 matters relating to employment, subject to agreements between a
779 district school board and a law enforcement agency. Activities
780 conducted by the sworn law enforcement school resource officer
781 which are part of the regular instructional program of the
782 school shall be under the direction of the school principal.
783 (c) Sworn law enforcement school resource officers shall
784 complete mental health crisis intervention training using a
785 curriculum developed by a national organization with expertise
786 in mental health crisis intervention. The training shall improve
787 officers’ knowledge and skills as first responders to incidents
788 involving students with emotional disturbance or mental illness,
789 including de-escalation skills to ensure student and officer
790 safety.
791 (2) SWORN LAW ENFORCEMENT SCHOOL SAFETY OFFICER.—A school
792 district may commission one or more sworn law enforcement school
793 safety officers for the protection and safety of school
794 personnel, property, and students within the school district.
795 The district school superintendent may recommend, and the
796 district school board may appoint, one or more sworn law
797 enforcement school safety officers.
798 (a) Sworn law enforcement school safety officers shall
799 undergo criminal background checks, drug testing, and a
800 psychological evaluation and be law enforcement officers, as
801 defined in s. 943.10(1), certified under the provisions of
802 chapter 943 and employed by either a law enforcement agency or
803 by the district school board. If the officer is employed by the
804 district school board, the district school board is the
805 employing agency for purposes of chapter 943, and must comply
806 with the provisions of that chapter.
807 (b) A sworn law enforcement school safety officer has and
808 shall exercise the power to make arrests for violations of law
809 on district school board property or on property owned or leased
810 by a charter school under the charter contract, as applicable,
811 and to arrest persons, whether on or off such property, who
812 violate any law on such property under the same conditions that
813 deputy sheriffs are authorized to make arrests. A sworn law
814 enforcement school safety officer has the authority to carry
815 weapons when performing his or her official duties.
816 (c) A district school board may enter into mutual aid
817 agreements with one or more law enforcement agencies as provided
818 in chapter 23. A sworn law enforcement school safety officer’s
819 salary may be paid jointly by the district school board and the
820 law enforcement agency, as mutually agreed to.
821 (d) Sworn law enforcement school safety officers shall
822 complete mental health crisis intervention training using a
823 curriculum developed by a national organization with expertise
824 in mental health crisis intervention. The training must improve
825 officers’ knowledge and skills as first responders to incidents
826 involving students with emotional disturbance or mental illness,
827 including de-escalation skills to ensure student and officer
828 safety.
829 (3) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL GUARDIAN.—At the
830 school district’s or the charter school governing board’s
831 discretion, as applicable, pursuant to s. 30.15, a school
832 district or charter school governing board may participate in
833 the Coach Aaron Feis Guardian Program to meet the requirement of
834 establishing a safe-school officer. The following individuals
835 may serve as a Feis guardian program certified school guardian,
836 in support of school-sanctioned activities for purposes of s.
837 790.115, upon satisfactory completion of the requirements under
838 s. 30.15(1)(k) and certification by a sheriff:
839 (a) A school district employee or personnel, as defined
840 under s. 1012.01, or a charter school employee, as provided
841 under s. 1002.33(12)(a), who volunteers to serve as a Feis
842 guardian program certified school guardian in addition to his or
843 her official job duties; or
844 (b) An employee of a school district or a charter school
845 who is hired for the specific purpose of serving as a Feis
846 guardian program certified school guardian.
847 (4) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL SECURITY GUARD.
848 A school district or charter school governing board may contract
849 with a security agency as defined in s. 493.6101(18) to employ
850 as a Feis guardian program certified school security guard an
851 individual who holds a Class “D” and Class “G” license pursuant
852 to chapter 493, provided the following training and contractual
853 conditions are met:
854 (a) An individual who serves as a Feis guardian program
855 certified school security guard, for purposes of satisfying the
856 requirements of this section, must:
857 1. Demonstrate satisfactory completion of all training
858 program requirements of the Coach Aaron Feis Guardian Program,
859 as provided and certified by a county sheriff, 144 hours of
860 required training pursuant to s. 30.15(1)(k)2.
861 2. Submit to and pass a psychological evaluation
862 administered by a licensed professional psychologist licensed
863 under chapter 490 and designated by the Department of Law
864 Enforcement and submit the results of the evaluation to the
865 sheriff’s office, school district, or charter school governing
866 board, as applicable. The sheriff’s office must review and
867 approve the results of each applicant’s psychological evaluation
868 before accepting the applicant into the Feis guardian program.
869 The Department of Law Enforcement is authorized to provide the
870 sheriff’s office, school district, or charter school governing
871 board with mental health and substance abuse data for compliance
872 with this paragraph.
873 3. Submit to and pass an initial drug test and subsequent
874 random drug tests in accordance with the requirements of s.
875 112.0455 and the sheriff’s office, school district, or charter
876 school governing board, as applicable. The sheriff’s office must
877 review and approve the results of each applicant’s drug tests
878 before accepting the applicant into the Feis guardian program.
879 4. Successfully complete ongoing training, weapon
880 inspection, and firearm qualification on at least an annual
881 basis, as required by the sheriff’s office and provide
882 documentation to the sheriff’s office, school district, or
883 charter school governing board, as applicable.
884 (b) The contract between a security agency and a school
885 district or a charter school governing board regarding
886 requirements applicable to Feis guardian program certified
887 school security guards serving in the capacity of a safe-school
888 officer for purposes of satisfying the requirements of this
889 section shall define the county sheriff or sheriffs entity or
890 entities responsible for Feis guardian program training and the
891 responsibilities for maintaining records relating to training,
892 inspection, and firearm qualification; and define conditions,
893 requirements, costs, and responsibilities necessary to satisfy
894 the background screening requirements of paragraph (d).
895 (c) Feis guardian program certified school security guards
896 serving in the capacity of a safe-school officer pursuant to
897 this subsection are in support of school-sanctioned activities
898 for purposes of s. 790.115, and must aid in the prevention or
899 abatement of active assailant incidents on school premises.
900 (d) A Feis guardian program certified school security guard
901 serving in the capacity of a safe-school officer pursuant to
902 this subsection is considered to be a “noninstructional
903 contractor” subject to the background screening requirements of
904 ss. 1012.465 and 1012.467, as they apply to each applicable
905 school district or charter school, and these requirements must
906 be satisfied before the Feis guardian program certified school
907 security guard is given access to school grounds.
908 (5) NOTIFICATION.—The school district superintendent or
909 charter school administrator shall notify the county sheriff and
910 the Office of Safe Schools immediately after, but no later than
911 72 hours after:
912 (a) A safe-school officer is dismissed for misconduct or is
913 otherwise disciplined.
914 (b) A safe-school officer discharges his or her firearm in
915 the exercise of the safe-school officer’s duties, other than for
916 training purposes.
917 (6) EXEMPTION.—Any information that would identify whether
918 a particular individual has been appointed as a safe-school
919 officer pursuant to this section held by a law enforcement
920 agency, school district, or charter school is exempt from s.
921 119.07(1) and s. 24(a), Art. I of the State Constitution. This
922 subsection is subject to the Open Government Sunset Review Act
923 in accordance with s. 119.15 and shall stand repealed on October
924 2, 2023, unless reviewed and saved from repeal through
925 reenactment by the Legislature.
926
927 If a district school board, through its adopted policies,
928 procedures, or actions, denies a charter school access to any
929 safe-school officer options pursuant to this section, the school
930 district must assign a sworn law enforcement school resource
931 officer or sworn law enforcement school safety officer to the
932 charter school. Under such circumstances, the charter school’s
933 share of the costs of the sworn law enforcement school resource
934 officer or sworn law enforcement school safety officer may not
935 exceed the safe school allocation funds provided to the charter
936 school pursuant to s. 1011.62(15) and shall be retained by the
937 school district.
938 Section 14. Subsection (3) of section 1006.13, Florida
939 Statutes, is amended to read:
940 1006.13 Policy of zero tolerance for crime and
941 victimization.—
942 (3) Zero-tolerance policies must require students found to
943 have committed one of the following offenses to be expelled,
944 with or without continuing educational services, from the
945 student’s regular school for a period of not less than 1 full
946 year, and to be referred to the criminal justice or juvenile
947 justice system.
948 (a) Bringing a firearm or weapon, as defined in chapter
949 790, to school, to any school function, or onto any school
950 sponsored transportation or possessing a firearm at school.
951 (b) Making a threat or false report, as defined by ss.
952 790.162 and 790.163, respectively, involving school or school
953 personnel’s property, school transportation, or a school
954 sponsored activity.
955
956 District school boards may assign the student to a school-based
957 diversion program pursuant to s. 985.12 disciplinary program for
958 the purpose of continuing educational services during the period
959 of expulsion. District school superintendents may consider the
960 1-year expulsion requirement on a case-by-case basis and request
961 the district school board to modify the requirement by assigning
962 the student to a school-based diversion program pursuant to s.
963 985.12 disciplinary program or second chance school if the
964 request for modification is in writing and it is determined to
965 be in the best interest of the student and the school system. If
966 a student committing any of the offenses in this subsection is a
967 student who has a disability, the district school board shall
968 comply with applicable State Board of Education rules.
969 Section 15. Paragraph (a) of subsection (2) of section
970 1006.1493, Florida Statutes, is amended to read:
971 1006.1493 Florida Safe Schools Assessment Tool.—
972 (2) The FSSAT must help school officials identify threats,
973 vulnerabilities, and appropriate safety controls for the schools
974 that they supervise, pursuant to the security risk assessment
975 requirements of s. 1006.07(6).
976 (a) At a minimum, the FSSAT must address all of the
977 following components:
978 1. School emergency and crisis preparedness planning;
979 2. Security, crime, and violence prevention policies and
980 procedures;
981 3. Physical security measures;
982 4. Professional development training needs;
983 5. An examination of support service roles in school
984 safety, security, and emergency planning;
985 6. School security and school police staffing, operational
986 practices, and related services;
987 7. School and community collaboration on school safety; and
988 8. A return on investment analysis of the recommended
989 physical security controls and;.
990 9. Policies and procedures to prepare for and respond to
991 natural or manmade disasters or emergencies, including plans to
992 reunite students and employees with families after a school is
993 closed or unexpectedly evacuated due to such disasters or
994 emergencies.
995 Section 16. Effective July 1, 2020, subsection (16) of
996 section 1011.62, Florida Statutes, is amended to read:
997 1011.62 Funds for operation of schools.—If the annual
998 allocation from the Florida Education Finance Program to each
999 district for operation of schools is not determined in the
1000 annual appropriations act or the substantive bill implementing
1001 the annual appropriations act, it shall be determined as
1002 follows:
1003 (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
1004 assistance allocation is created to provide funding to assist
1005 school districts in establishing or expanding school-based
1006 mental health care; train educators and other school staff in
1007 detecting and responding to mental health issues; and connect
1008 children, youth, and families who may experience behavioral
1009 health issues with appropriate services. These funds shall be
1010 allocated annually in the General Appropriations Act or other
1011 law to each eligible school district. Each school district shall
1012 receive a minimum of $100,000, with the remaining balance
1013 allocated based on each school district’s proportionate share of
1014 the state’s total unweighted full-time equivalent student
1015 enrollment. Charter schools that submit a plan separate from the
1016 school district are entitled to a proportionate share of
1017 district funding. The allocated funds may not supplant funds
1018 that are provided for this purpose from other operating funds
1019 and may not be used to increase salaries or provide bonuses.
1020 School districts are encouraged to maximize third-party health
1021 insurance benefits and Medicaid claiming for services, where
1022 appropriate.
1023 (a) Before the distribution of the allocation:
1024 1. The school district shall must develop and submit a
1025 detailed plan outlining the local program and planned
1026 expenditures to the district school board for approval. The This
1027 plan, which must include input from school and community
1028 stakeholders, applies to all district schools, including charter
1029 schools, unless a charter school elects to submit a plan
1030 independently from the school district pursuant to subparagraph
1031 2.
1032 2. A charter school may develop and submit a detailed plan
1033 outlining the local program and planned expenditures to its
1034 governing body for approval. After the plan is approved by the
1035 governing body, it must be provided to the charter school’s
1036 sponsor.
1037 (b) The plans required under paragraph (a) must be focused
1038 on a multitiered system of supports to deliver evidence-based
1039 mental health care assessment, diagnosis, intervention,
1040 treatment, and recovery services to students with one or more
1041 mental health or co-occurring substance abuse diagnoses and to
1042 students at high risk of such diagnoses. The provision of these
1043 services must be coordinated with a student’s primary mental
1044 health care provider and with other mental health providers
1045 involved in the student’s care. At a minimum, the plans must
1046 include the following elements:
1047 1. Direct employment of school-based mental health services
1048 providers to expand and enhance school-based student services
1049 and to reduce the ratio of students to staff in order to better
1050 align with nationally recommended ratio models. These providers
1051 include, but are not limited to, certified school counselors,
1052 school psychologists, school social workers, and other licensed
1053 mental health professionals. The plan also must establish
1054 identify strategies to increase the amount of time that school
1055 based student services personnel spend providing direct services
1056 to students, which may include the review and revision of
1057 district staffing resource allocations based on school or
1058 student mental health assistance needs.
1059 2. Contracts or interagency agreements with one or more
1060 local community behavioral health providers or providers of
1061 Community Action Team services to provide a behavioral health
1062 staff presence and services at district schools. Services may
1063 include, but are not limited to, mental health screenings and
1064 assessments, individual counseling, family counseling, group
1065 counseling, psychiatric or psychological services, trauma
1066 informed care, mobile crisis services, and behavior
1067 modification. These behavioral health services may be provided
1068 on or off the school campus and may be supplemented by
1069 telehealth.
1070 3. Policies and procedures, including contracts with
1071 service providers, which will ensure that students who are
1072 referred to a school-based or community-based mental health
1073 service provider for mental health screening for the
1074 identification of mental health concerns and ensure that the
1075 assessment of students at risk for mental health disorders
1076 occurs within 15 days of referral. School-based mental health
1077 services must be initiated within 15 days after identification
1078 and assessment, and support by community-based mental health
1079 service providers for students who are referred for community
1080 based mental health services must be initiated within 30 days
1081 after the school or district makes a referral.
1082 4. Mental health policies and procedures that implement and
1083 support all of the following elements:
1084 a. Universal supports to promote psychological well-being
1085 and safe and supportive environments.
1086 b. Evidence-based strategies or programs to reduce the
1087 likelihood of at-risk students developing social, emotional, or
1088 behavioral health problems, depression, anxiety disorders,
1089 suicidal tendencies, or substance use disorders.
1090 c.5. Strategies to improve the early identification of
1091 social, emotional, or behavioral problems or substance use
1092 disorders; provide, to improve the provision of early
1093 intervention services;, and to assist students in dealing with
1094 trauma and violence.
1095 d. Methods for responding to a student with suicidal
1096 ideation, including training in suicide risk assessment and the
1097 use of suicide awareness, prevention, and screening instruments
1098 developed under s. 1012.583; adoption of guidelines for
1099 informing parents of suicide risk; and implementation of board
1100 policies for initiating involuntary examination of students at
1101 risk of suicide.
1102 e. A school crisis response plan that includes strategies
1103 for the prevention of, preparation for, response to, and
1104 recovery from a range of school crises. The plan must establish
1105 or coordinate the implementation of district-level and school
1106 level crisis response teams whose membership includes, but is
1107 not limited to, representatives of school administration and
1108 school-based mental health service providers.
1109 (c) School districts shall submit approved plans, including
1110 approved plans of each charter school in the district, to the
1111 commissioner by August 1 of each fiscal year.
1112 (d) By September 30 of each year Beginning September 30,
1113 2019, and annually by September 30 thereafter, each school
1114 district shall submit its district report to the department. By
1115 November 1 of each year, the department shall submit a state
1116 summary report to the Governor, the President of the Senate, and
1117 the Speaker of the House of Representatives on Department of
1118 Education a report on its program outcomes and expenditures for
1119 the previous fiscal year. The school district report must
1120 include program outcomes and expenditures for all public schools
1121 in the district, including charter schools that submitted a
1122 separate plan. At a minimum, the district and state reports also
1123 must that, at a minimum, must include school district-level and
1124 school-level, including charter schools, information, including
1125 multiple-year trend data, when available, for each of the number
1126 of each of the following indicators:
1127 1. The number of students who receive screenings or
1128 assessments.
1129 2. The number of students who are referred to either
1130 school-based or community-based providers for services or
1131 assistance.
1132 3. The number of students who receive either school-based
1133 or community-based interventions, services, or assistance.
1134 4. The number of school-based and community-based mental
1135 health providers, including licensure type, paid for from funds
1136 provided through the allocation.
1137 5. The number and ratio to students of school social
1138 workers, school psychologists, and certified school counselors
1139 employed by the district or charter school and the total number
1140 of licensed mental health professionals directly employed by the
1141 district or charter school.
1142 6. Contract-based collaborative efforts or partnerships
1143 with community mental health programs, agencies, or providers.
1144 Section 17. Except as otherwise expressly provided in this
1145 act, this act shall take effect upon becoming a law.
