Bill Text: FL S1374 | 2013 | Regular Session | Introduced
Bill Title: School Zero-tolerance Policies
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-05-03 - Died in Education [S1374 Detail]
Download: Florida-2013-S1374-Introduced.html
Florida Senate - 2013 SB 1374 By Senator Bullard 39-00872A-13 20131374__ 1 A bill to be entitled 2 An act relating to school zero-tolerance policies; 3 amending s. 1006.13, F.S.; revising legislative 4 intent; requiring school zero-tolerance policies to 5 only report acts that pose a serious threat to school 6 safety to law enforcement and to otherwise handle acts 7 within their own discipline systems; providing 8 requirements for referrals of juveniles to the 9 criminal or juvenile justice system for petty acts of 10 misconduct or misdemeanors; requiring school districts 11 to assign expelled students to a disciplinary program 12 during the period of expulsion; revising requirements 13 for agreements between school districts and law 14 enforcement agencies; requiring that certain polices 15 be provided to the Department of Education annually; 16 providing for a model policy; making distribution of 17 certain funds contingent on compliance with specified 18 procedures; requiring an annual report by the 19 Commissioner of Education; requiring approval of 20 certain policies in order to receive certain funds; 21 authorizing funds to be used for specified activities; 22 requiring a report concerning the use of funds; 23 providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Subsections (1), (2), and (3), paragraphs (b) 28 and (c) of subsection (4), and subsection (8) of section 29 1006.13, Florida Statutes, are amended, and subsections (9), 30 (10), and (11) are added to that section, to read: 31 1006.13 Policy of zero tolerance for crime and 32 victimization.— 33 (1) It is the intent of the Legislature to promote a safe 34 and supportive learning environment in schools, to protect 35 students and staff from conduct that poses a serious threat to 36 school safety, and to encourage schools to use alternatives to 37 expulsion or referral to law enforcement agencies by addressing 38 disruptive behavior through restitution, civil citation, teen 39 court, neighborhood restorative justice, school offense 40 protocols, or similar programs. The Legislature finds that zero 41 tolerance policies are not intended to be rigorously applied to 42 petty acts of misconduct and misdemeanors, including, but not43limited to, minor fights or disturbances. The Legislature finds 44 that zero-tolerance policies must apply equally to all students 45 regardless of their economic status, race, or disability. 46 (2)(a) Each district school board shall adopt a policy of 47 zero tolerance that: 48 1.(a)Defines criteria for reporting to a law enforcement 49 agency any act that occurs whenever or wherever students are 50 within the jurisdiction of the district school board which poses 51 a serious threat to school safety. Acts that do not pose a 52 serious threat to school safety shall be handled within the 53 school’s discipline system. 54 2.(b)Defines acts that pose a serious threat to school 55 safety. 56 3.(c)Defines petty acts of misconduct. 57 4. Specifies that students not be arrested or otherwise 58 referred to the juvenile or criminal justice system for petty 59 acts of misconduct or misdemeanors unless it is determined that 60 the failure to use arrest or justice-system referral would 61 endanger the physical safety of other students or staff within 62 the school. Such a determination shall be documented in a 63 written report that includes a description of the behavior at 64 issue and an explanation of why the actions taken were 65 necessary. 66 5.(d)Minimizes the victimization of students, staff, or 67 volunteers, including taking all steps necessary to protect the 68 victim of any violent crime from any further victimization. 69 6.(e)Establishes a procedure that provides each student 70 with the opportunity for a review of the disciplinary action 71 imposed pursuant to s. 1006.07. 72 (b) This section does not limit a school’s authority and 73 discretion under law to use other disciplinary consequences as 74 appropriate to address school-based incidents. 75 (3) Zero-tolerance policies must require students found to 76 have committed one of the following offenses to be expelled, 77 with or without continuing educational services, from the 78 student’s regular school for a period of not less than 1 full 79 year,and to be referred to the criminal justice or juvenile 80 justice system:.81 (a) Bringing a firearm or weapon, as defined in chapter 82 790, to school, to any school function, or onto any school 83 sponsored transportation or possessing a firearm at school. 84 (b) Making a threat or false report, as defined by ss. 85 790.162 and 790.163, respectively, involving school or school 86 personnel’s property, school transportation, or a school 87 sponsored activity. 88 89 District school boards shallmayassign the student to a 90 disciplinary program for the purpose of continuing educational 91 services during the period of expulsion. District school 92 superintendents may consider the 1-year expulsion requirement on 93 a case-by-case basis and request the district school board to 94 modify the requirement by assigning the student to a 95 disciplinary program or second chance school if the request for 96 modification is in writing and it is determined to be in the 97 best interest of the student and the school system. If a student 98 committing any of the offenses in this subsection is a student 99 who has a disability, the district school board shall comply 100 with applicable State Board of Education rules. 101 (4) 102 (b) The agreements must include the role of school resource 103 officers, if applicable, in handling reported incidents that 104 pose a serious threat to school safety and,circumstances in 105 which school officials may handle incidents without filing a 106 report with a law enforcement agency, and a procedure for107ensuring that school personnel properly report appropriate108delinquent acts and crimes. 109 (c) Zero-tolerance policies do not require the reporting of 110 petty acts of misconduct and misdemeanors to a law enforcement 111 agency, including, but not limited to, disorderly conduct, 112 disrupting a school function, simple assault or battery, affray, 113 theft of less than $300, trespassing,andvandalism of less than 114 $1,000, and other misdemeanors. 115 (8) School districts are encouraged to use alternatives to 116 expulsion or referral to law enforcement agencies unless the use 117 of such alternatives will pose a threat to school safety. By 118 August 1 of each year, school districts shall provide any and 119 all policies related to this subsection to the department 120 annually to ensure compliance. 121 (9) To assist school districts in developing policies that 122 ensure that students are not arrested or otherwise referred to 123 the juvenile or criminal justice system for petty acts of 124 misconduct or misdemeanors, the department shall develop a model 125 policy that shall be provided to school districts no later than 126 October 1, 2013. 127 (10) Distribution of safe schools funds provided to a 128 school district in fiscal year 2013-2014 and thereafter shall be 129 contingent upon and payable to the school district upon the 130 school district’s compliance with all reporting procedures 131 contained in this section. 132 (11) On or before January 1 of each year, the Commissioner 133 of Education shall report to the Governor, the President of the 134 Senate, and the Speaker of the House of Representatives on the 135 implementation of this section. The report shall include data 136 regarding arrests of students in school and at any event under 137 the jurisdiction of the district school board. 138 Section 2. Distribution of safe schools funds to a school 139 district provided in the 2013-2014 General Appropriations Act is 140 contingent upon and payable to the school district upon the 141 Department of Education’s approval of the school district’s 142 policies that ensure that students are not arrested or otherwise 143 referred to the juvenile or criminal justice system for petty 144 acts of misconduct or misdemeanors. The department’s approval of 145 such policies shall be granted upon certification by the 146 department that the school district’s policy has been submitted 147 to the department and is in substantial conformity with the 148 department’s model policy as mandated in s. 1006.13(9), Florida 149 Statutes, as created by this act. 150 Section 3. Funds in the 2013-2014 General Appropriations 151 Act for safe schools activities may be used for after-school 152 programs for middle school students; other improvements to 153 enhance the learning environment, including implementation of 154 conflict resolution strategies; alternative school programs for 155 adjudicated youth; suicide prevention programs; bullying 156 prevention and intervention; and school resource officers. Each 157 school district shall determine, based on a review of its 158 existing programs and priorities, how much of its total 159 allocation to use for each authorized safe school activity. If a 160 district elects to use funds from the safe school allocation for 161 school resource officers, it must also take affirmative steps to 162 ensure that fewer students are referred to the juvenile or 163 criminal justice system from schools within the district for 164 misdemeanor offenses and other behaviors that do not pose a 165 serious threat to school safety. The Department of Education 166 shall monitor compliance with reporting procedures contained in 167 s. 1006.13, Florida Statutes. Each school district shall report 168 to the Department of Education the amount of funds expended for 169 each of the activities listed in this section. If a district 170 does not comply with these procedures, the district’s funds from 171 the safe school allocation shall be withheld. 172 Section 4. This act shall take effect July 1, 2013.