Bill Text: FL S1886 | 2012 | Regular Session | Comm Sub
Bill Title: Zero Tolerance for Crime and Victimization in Schools
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Failed) 2012-03-09 - Died in Messages [S1886 Detail]
Download: Florida-2012-S1886-Comm_Sub.html
Florida Senate - 2012 CS for CS for SB 1886 By the Committees on Criminal Justice; and Education Pre-K - 12; and Senator Wise 591-03529A-12 20121886c2 1 A bill to be entitled 2 An act relating to zero tolerance for crime and 3 victimization in schools; amending s. 1006.13, F.S.; 4 revising legislative intent to encourage schools to 5 address disruptive behavior through school offense 6 protocols; requiring that each district school board 7 adopt a policy for reporting to a law enforcement 8 agency acts that pose a serious threat to school 9 safety; requiring that minor incidents be diverted 10 from the juvenile justice system and handled within 11 the school system’s disciplinary system; requiring 12 each district school board to implement a training 13 program for school administrators and teachers 14 regarding the negative consequences and future effects 15 of an arrest of a juvenile and of the existing in 16 school alternatives to discipline a student for 17 committing petty acts of misconduct without involving 18 a law enforcement agency; requiring that each district 19 school board enter into an agreement with the county 20 sheriff’s office and local police department which 21 includes a role for school resource officers, if 22 applicable, to handle reported incidents that pose a 23 serious threat to school safety; requiring the 24 agreements to prescribe the circumstances and offenses 25 that school officials may handle through alternatives 26 to arrest; requiring the school principal to send an 27 incident report when an arrest of a student under the 28 jurisdiction of the school board is for an incident 29 that is a serious threat to school safety; requiring 30 that, by a specified date and annually thereafter, 31 each school district provide its policies related to 32 zero tolerance for crime and victimization to the 33 Department of Education; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Section 1006.13, Florida Statutes, is amended to 38 read: 39 1006.13 Policy of zero tolerance for crime and 40 victimization.— 41 (1) It is the intent of the Legislature to promote a safe 42 and supportive learning environment in schools, to protect 43 students and staff from conduct that poses a serious threat to 44 school safety, and to encourage schools to use alternatives to 45 expulsion, or referral to law enforcement agencies by addressing 46 disruptive behavior through restitution, civil citation, teen 47 court, neighborhood restorative justice, school offense 48 protocols, or similar programs. The Legislature finds that zero 49 tolerance policies are not intended to be rigorously applied to 50 petty acts of misconduct and misdemeanors, including, but not 51 limited to, minor fights or disturbances. The Legislature finds 52 that zero-tolerance policies must apply equally to all students 53 regardless of their economic status, race, or disability. 54 (2) Each district school board shall adopt a policy of zero 55 tolerance that: 56 (a) Defines criteria for reporting to a law enforcement 57 agency any act that occurs whenever or wherever students are 58 within the jurisdiction of the district school board that poses 59 a serious threat to school safety. 60 (b) Defines acts that pose a serious threat to school 61 safety. 62 (c) Provides that school officials may not request a law 63 enforcement agency to respond to petty acts of misconduct. Such 64 incidents shall be handled within the school disciplinary 65 system. 66 (d)(c)Defines petty acts of misconduct. 67 (e) Defines criteria for reporting to a law enforcement 68 agency the misdemeanor offenses that do not pose a serious 69 threat to school safety. These offenses may be handled within 70 the school disciplinary system with the victim’s consent or by a 71 law enforcement agency. 72 (f) Provides, within existing inservice training modules, a 73 comprehensive training program for school administrators and 74 teachers regarding the potential negative consequences and 75 future effects of an arrest of a juvenile and of the existing 76 in-school alternatives to discipline a student for committing 77 petty acts of misconduct without involving a law enforcement 78 agency. 79 (g) Provides that the school disciplinary system shall 80 document and include corrective training, interventions, or 81 teaching of alternative behaviors specific to the offense when 82 the student is required to miss scheduled classroom instruction 83 time due to the offense and its disciplinary action. 84 (h)(d)Minimizes the victimization of students, staff, or 85 volunteers, including taking all steps necessary to protect the 86 victim of any violent crime from any further victimization. 87 (i)(e)Establishes a procedure that provides each student 88 with the opportunity for a review of the disciplinary action 89 imposed pursuant to s. 1006.07. 90 (3) Zero-tolerance policies must require students found to 91 have committed one of the following offenses to be expelled, 92 with or without continuing educational services, from the 93 student’s regular school for a period of not less than 1 full 94 year, and to be referred to the criminal justice or juvenile 95 justice system. 96 (a) Bringing a firearm or weapon, as defined in chapter 97 790, to school, to any school function, or onto any school 98 sponsored transportation or possessing a firearm at school. 99 (b) Making a threat or false report, as defined by ss. 100 790.162 and 790.163, respectively, involving school or school 101 personnel’s property, school transportation, or a school 102 sponsored activity. 103 104 District school boards may assign the student to a disciplinary 105 program for the purpose of continuing educational services 106 during the period of expulsion. District school superintendents 107 may consider the 1-year expulsion requirement on a case-by-case 108 basis and request the district school board to modify the 109 requirement by assigning the student to a disciplinary program 110 or second chance school if the request for modification is in 111 writing and it is determined to be in the best interest of the 112 student and the school system. If a student committing any of 113 the offenses in this subsection is a student who has a 114 disability, the district school board shall comply with 115 applicable State Board of Education rules. 116 (4)(a) Each district school board shall enter into 117 agreements with the county sheriff’s office and local police 118 department specifying guidelines for ensuring that acts that 119 pose a serious threat to school safety, whether committed by a 120 student or adult, are reported to a law enforcement agency. 121 (b) The agreements must prescribe:include122 1. The role of school resource officers, if applicable, in 123 handling reported incidents that pose a serious threat to school 124 safety;,125 2. The circumstances in which those misdemeanor offenses 126 that do not pose a serious threat to school safetyofficialsmay 127 be handled through alternatives to arrest with the victim’s 128 consent, if applicable; andhandle incidents without filing a129report with a law enforcement agency, and a procedure for130ensuring that school personnel properly report appropriate131delinquent acts and crimes.132 3. The circumstances and incidents of petty misconduct that 133 school officials shall handle without filing a report with a law 134 enforcement agency. 135 (c) Zero-tolerance policies do not require the reporting of 136 petty acts of misconduct and misdemeanors to a law enforcement 137 agency, including, but not limited to, disorderly conduct, 138 disrupting a school function, simple assault or battery, affray, 139 theft of less than $300, trespassing, and vandalism of less than 140 $1,000. 141 (d) The school principal shall ensure that all school 142 personnel are properly informed ofas totheir responsibilities 143 regarding crime reporting, that appropriate delinquent acts and 144 crimes are properly reported, and that actions taken in cases 145 with special circumstances are properly managedtakenand 146 documented. In addition, the school principal shall send an 147 incident report to the superintendent, in writing, of the arrest 148 of a student who is under the jurisdiction of the district 149 school board for an act that poses a serious threat to school 150 safety. 151 (5) Notwithstanding any otherprovision oflaw, each 152 district school board shall adopt rules providing that any 153 student found to have committed any offense in s. 784.081(1), 154 (2), or (3) shall be expelled or placed in an alternative school 155 setting or other program, as appropriate. Upon being charged 156 with the offense, the student shall be removed from the 157 classroom immediately and placed in an alternative school 158 setting pending disposition. 159 (6)(a) Notwithstanding any provision of law prohibiting the 160 disclosure of the identity of a minor, whenever any student who 161 is attending a public school is adjudicated guilty of or 162 delinquent for, or is found to have committed, regardless of 163 whether adjudication is withheld, or pleads guilty or nolo 164 contendere to, a felony violation of: 165 1. Chapter 782, relating to homicide; 166 2. Chapter 784, relating to assault, battery, and culpable 167 negligence; 168 3. Chapter 787, relating to kidnapping, false imprisonment, 169 luring or enticing a child, and custody offenses; 170 4. Chapter 794, relating to sexual battery; 171 5. Chapter 800, relating to lewdness and indecent exposure; 172 6. Chapter 827, relating to abuse of children; 173 7. Section 812.13, relating to robbery; 174 8. Section 812.131, relating to robbery by sudden 175 snatching; 176 9. Section 812.133, relating to carjacking; or 177 10. Section 812.135, relating to home-invasion robbery, 178 179 and, before or at the time of such adjudication, withholding of 180 adjudication, or plea, the offender was attending a school 181 attended by the victim or a sibling of the victim of the 182 offense, the Department of Juvenile Justice shall notify the 183 appropriate district school board of the adjudication or plea, 184 the requirements in this paragraph, and whether the offender is 185 prohibited from attending that school or riding on a school bus 186 whenever the victim or a sibling of the victim is attending the 187 same school or riding on the same school bus, except as provided 188 pursuant to a written disposition order under s. 985.455(2). 189 Upon receipt of such notice, the district school board shall 190 take appropriate action to effectuate the provisions in 191 paragraph (b). 192 (b) Each district school board shall adopt a cooperative 193 agreement with the Department of Juvenile Justice which 194 establishes guidelines for ensuring that any no-contactno195contactorder entered by a court is reported and enforced and 196 that all of the necessary steps are taken to protect the victim 197 of the offense. Any offender described in paragraph (a), who is 198 not exempted as provided in paragraph (a), may not attend any 199 school attended by the victim or a sibling of the victim of the 200 offense or ride on a school bus on which the victim or a sibling 201 of the victim is riding. The offender shall be permitted by the 202 district school board to attend another school within the 203 district in which the offender resides, only if the other school 204 is not attended by the victim or sibling of the victim of the 205 offense; or the offender may be permitted by another district 206 school board to attend a school in that district if the offender 207 is unable to attend any school in the district in which the 208 offender resides. 209 (c) If the offender is unable to attend any other school in 210 the district in which the offender resides and is prohibited 211 from attending a school in another school district, the district 212 school board in the school district in which the offender 213 resides shall take every reasonable precaution to keep the 214 offender separated from the victim while on school grounds or on 215 school transportation. The steps to be taken by a district 216 school board to keep the offender separated from the victim must 217 include, but are not limited to, in-school suspension of the 218 offender and the scheduling of classes, lunch, or other school 219 activities of the victim and the offender so as not to coincide. 220 (d) The offender, or the parents of the offender if the 221 offender is a juvenile, shall arrange and pay for transportation 222 associated with or required by the offender’s attending another 223 school or that would be required as a consequence of the 224 prohibition against riding on a school bus on which the victim 225 or a sibling of the victim is riding. However, the offender or 226 the parents of the offender may not be charged for existing 227 modes of transportation that can be used by the offender at no 228 additional cost to the district school board. 229 (7) Any disciplinary or prosecutorial action taken against 230 a student who violates a zero-tolerance policy must be based on 231 the particular circumstances of the student’s misconduct. 232 (8) School districts are encouraged to use alternatives to 233 expulsion or referral to law enforcement agencies unless the use 234 of such alternatives will pose a threat to school safety. By 235 September 1, 2013, and annually thereafter, each school district 236 shall provide its policy related to zero tolerance to the 237 department to ensure compliance. 238 Section 2. This act shall take effect July 1, 2012.