Bill Text: FL S1628 | 2019 | Regular Session | Introduced

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Bill Title: Out-of-school and In-school Suspension

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Education [S1628 Detail]

Download: Florida-2019-S1628-Introduced.html

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       Florida Senate - 2019                                    SB 1628
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-01718-19                                           20191628__
    1                        A bill to be entitled                      
    2         An act relating to out-of-school and in-school
    3         suspension; amending s. 1002.20, F.S.; authorizing a
    4         parent to give public testimony regarding a district
    5         school board’s out-of-school and in-school suspension
    6         policy at a specified meeting; amending s. 1006.07,
    7         F.S.; requiring a district school board to review its
    8         rules authorizing out-of-school and in-school
    9         suspension during a specified timeframe at a district
   10         school board meeting; requiring the review to include
   11         specified data and examinations of certain programs
   12         available to suspended students; requiring the board
   13         to take public testimony at the meeting; providing
   14         that the rules expire under certain circumstances;
   15         providing that all suspension hearings are exempt from
   16         specified provisions; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (a) of subsection (4) of section
   21  1002.20, Florida Statutes, is amended to read:
   22         1002.20 K-12 student and parent rights.—Parents of public
   23  school students must receive accurate and timely information
   24  regarding their child’s academic progress and must be informed
   25  of ways they can help their child to succeed in school. K-12
   26  students and their parents are afforded numerous statutory
   27  rights including, but not limited to, the following:
   28         (4) DISCIPLINE.—
   29         (a) Suspension of public school student.—
   30         1. In accordance with the provisions of s. 1006.09(1)-(4):
   31         a.1. A student may be suspended only as provided by rule of
   32  the district school board. A good faith effort must be made to
   33  immediately inform the parent by telephone of the student’s
   34  suspension and the reason. Each suspension and the reason must
   35  be reported in writing within 24 hours to the parent by United
   36  States mail. A good faith effort must be made to use parental
   37  assistance before suspension unless the situation requires
   38  immediate suspension.
   39         b.2. A student with a disability may only be recommended
   40  for suspension or expulsion in accordance with State Board of
   41  Education rules.
   42         2. In accordance with s. 1006.07(1)(a), a parent may give
   43  public testimony at a district school board meeting that reviews
   44  the board’s rules authorizing out-of-school and in-school
   45  suspension.
   46         Section 2. Paragraph (a) of subsection (1) of section
   47  1006.07, Florida Statutes, is amended to read:
   48         1006.07 District school board duties relating to student
   49  discipline and school safety.—The district school board shall
   50  provide for the proper accounting for all students, for the
   51  attendance and control of students at school, and for proper
   52  attention to health, safety, and other matters relating to the
   53  welfare of students, including:
   54         (1) CONTROL OF STUDENTS.—
   55         (a) Adopt rules for the control, discipline, in-school
   56  suspension, suspension, and expulsion of students and decide all
   57  cases recommended for expulsion. Once every 3 years, the
   58  district school board shall review its rules authorizing
   59  suspension, also referred to as out-of-school suspension, and
   60  in-school suspension as a form of discipline during a district
   61  school board meeting held pursuant to s. 1001.372. The review
   62  must include school district data regarding the disability
   63  status, race, gender, and rate of recidivism of each student in
   64  the school district who has received an out-of-school or in
   65  school suspension since the district school board’s last review.
   66  The review must include an examination of the academic and
   67  counseling programs that are made available to suspended
   68  students. The district school board shall take public testimony
   69  at the meeting. If such a meeting is not held in accordance with
   70  this paragraph, the board’s rules authorizing out-of-school and
   71  in-school suspensions expire. All suspension hearings are
   72  exempted from the provisions of chapter 120. Expulsion hearings
   73  shall be governed by ss. 120.569 and 120.57(2) and are exempt
   74  from s. 286.011. However, the student’s parent must be given
   75  notice of the provisions of s. 286.011 and may elect to have the
   76  hearing held in compliance with that section. The district
   77  school board may prohibit the use of corporal punishment, if the
   78  district school board adopts or has adopted a written program of
   79  alternative control or discipline.
   80         Section 3. This act shall take effect July 1, 2019.