Bill Text: FL S1886 | 2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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 SB 1886 By the Committee on Education Pre-K - 12; and Senator Wise 581-02616A-12 20121886c1 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 acts that do not pose a serious 10 threat to school safety be handled within the school’s 11 disciplinary system; requiring that a child accused of 12 a misdemeanor offense not be arrested and formally 13 processed in the juvenile justice system; requiring 14 that minor incidents be diverted from the juvenile 15 justice system or handled within the school system’s 16 disciplinary system; requiring each district school 17 board to implement a training program for school 18 administrators and teachers regarding the negative 19 consequences and future effects of an arrest of a 20 juvenile and of the existing in-school alternatives to 21 discipline a student for committing petty acts of 22 misconduct without involving a law enforcement agency; 23 requiring that each district school board enter into 24 an agreement with the county sheriff’s office and 25 local police department which includes a role for 26 school resource officers, if applicable, to handle 27 reported incidents that pose a serious threat to 28 school safety; requiring the agreements to prescribe 29 the circumstances and offenses that school officials 30 must handle without filing a report with a law 31 enforcement agency; requiring the school principal to 32 certify, in writing, when an arrest of a student under 33 the jurisdiction of the school board is for an 34 incident that is a serious threat to school safety; 35 requiring that, by a specified date and annually 36 thereafter, each school district provide its policies 37 related to zero tolerance for crime and victimization 38 to the Department of Education; providing an effective 39 date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 1006.13, Florida Statutes, is amended to 44 read: 45 1006.13 Policy of zero tolerance for crime and 46 victimization.— 47 (1) It is the intent of the Legislature to promote a safe 48 and supportive learning environment in schools, to protect 49 students and staff from conduct that poses a serious threat to 50 school safety, and to encourage schools to use alternatives to 51 expulsion, or referral to law enforcement agencies by addressing 52 disruptive behavior through restitution, civil citation, teen 53 court, neighborhood restorative justice, school offense 54 protocols, or similar programs. The Legislature finds that zero 55 tolerance policies are not intended to be rigorously applied to 56 petty acts of misconductand misdemeanors, including, but not 57 limited to, minor fights or disturbances. The Legislature finds 58 that zero-tolerance policies must apply equally to all students 59 regardless of their economic status, race, or disability. 60 (2) Each district school board shall adopt a policy of zero 61 tolerance that: 62 (a) Defines criteria for reporting to a law enforcement 63 agency any act that occurs whenever or wherever students are 64 within the jurisdiction of the district school board that poses 65 a serious threat to school safety. Acts that do not pose a 66 serious threat to school safety shall be handled within the 67 school’s disciplinary system. 68 (b) Defines acts that pose a serious threat to school 69 safety. 70 (c) Defines petty acts of misconduct. 71 (d) Provides that school officials may not request a law 72 enforcement agency to respond to petty acts of misconduct. Such 73 incidents shall be handled within the school system’s discipline 74 system. 75 (e) Provides, within existing inservice training modules, a 76 comprehensive training program for school administrators and 77 teachers regarding the potential negative consequences and 78 future effects of an arrest of a juvenile and of the existing 79 in-school alternatives to discipline a student for committing 80 petty acts of misconduct without involving a law enforcement 81 agency. 82 (f) Provides that school disciplinary systems may document 83 and include corrective training, interventions, or teaching of 84 alternative behaviors specific to the offense when the student 85 is required to miss scheduled classroom instruction time due to 86 the offense and its disciplinary action. 87 (g)(d)Minimizes the victimization of students, staff, or 88 volunteers, including taking all steps necessary to protect the 89 victim of any violent crime from any further victimization. 90 (h)(e)Establishes a procedure that provides each student 91 with the opportunity for a review of the disciplinary action 92 imposed pursuant to s. 1006.07. 93 (3) Zero-tolerance policies must require students found to 94 have committed one of the following offenses to be expelled, 95 with or without continuing educational services, from the 96 student’s regular school for a period of not less than 1 full 97 year, and to be referred to the criminal justice or juvenile 98 justice system. 99 (a) Bringing a firearm or weapon, as defined in chapter 100 790, to school, to any school function, or onto any school 101 sponsored transportation or possessing a firearm at school. 102 (b) Making a threat or false report, as defined by ss. 103 790.162 and 790.163, respectively, involving school or school 104 personnel’s property, school transportation, or a school 105 sponsored activity. 106 107 District school boards may assign the student to a disciplinary 108 program for the purpose of continuing educational services 109 during the period of expulsion. District school superintendents 110 may consider the 1-year expulsion requirement on a case-by-case 111 basis and request the district school board to modify the 112 requirement by assigning the student to a disciplinary program 113 or second chance school if the request for modification is in 114 writing and it is determined to be in the best interest of the 115 student and the school system. If a student committing any of 116 the offenses in this subsection is a student who has a 117 disability, the district school board shall comply with 118 applicable State Board of Education rules. 119 (4)(a) Each district school board shall enter into 120 agreements with the county sheriff’s office and local police 121 department specifying guidelines for ensuring that acts that 122 pose a serious threat to school safety, whether committed by a 123 student or adult, are reported to a law enforcement agency. 124 (b) The agreements must prescribe:include125 1. The role of school resource officers, if applicable, in 126 handling reported incidents that pose a serious threat to school 127 safety; and,128 2. The circumstances and offenses thatin whichschool 129 officials shallmayhandleincidentswithout filing a report 130 with a law enforcement agency, and a procedure for ensuring that131school personnel properly report appropriate delinquent acts and132crimes. 133 (c) Zero-tolerance policies do not require the reporting of 134 petty acts of misconduct and misdemeanors to a law enforcement 135 agency, including, but not limited to, disorderly conduct, 136 disrupting a school function, simple assault or battery, affray, 137 theft of less than $300, trespassing, and vandalism of less than 138 $1,000. 139 (d) The school principal shall ensure that all school 140 personnel are properly informed ofas totheir responsibilities 141 regarding crime reporting, that appropriate delinquent acts and 142 crimes are properly reported, and that actions taken in cases 143 with special circumstances are properly managedtakenand 144 documented. In addition, the school principal shall certify to 145 the superintendent, in writing, of the arrest of a student who 146 is under the jurisdiction of the district school board for an 147 act that poses a serious threat to school safety. 148 (5) Notwithstanding any otherprovision oflaw, each 149 district school board shall adopt rules providing that any 150 student found to have committed any offense in s. 784.081(1), 151 (2), or (3) shall be expelled or placed in an alternative school 152 setting or other program, as appropriate. Upon being charged 153 with the offense, the student shall be removed from the 154 classroom immediately and placed in an alternative school 155 setting pending disposition. 156 (6)(a) Notwithstanding any provision of law prohibiting the 157 disclosure of the identity of a minor, whenever any student who 158 is attending a public school is adjudicated guilty of or 159 delinquent for, or is found to have committed, regardless of 160 whether adjudication is withheld, or pleads guilty or nolo 161 contendere to, a felony violation of: 162 1. Chapter 782, relating to homicide; 163 2. Chapter 784, relating to assault, battery, and culpable 164 negligence; 165 3. Chapter 787, relating to kidnapping, false imprisonment, 166 luring or enticing a child, and custody offenses; 167 4. Chapter 794, relating to sexual battery; 168 5. Chapter 800, relating to lewdness and indecent exposure; 169 6. Chapter 827, relating to abuse of children; 170 7. Section 812.13, relating to robbery; 171 8. Section 812.131, relating to robbery by sudden 172 snatching; 173 9. Section 812.133, relating to carjacking; or 174 10. Section 812.135, relating to home-invasion robbery, 175 176 and, before or at the time of such adjudication, withholding of 177 adjudication, or plea, the offender was attending a school 178 attended by the victim or a sibling of the victim of the 179 offense, the Department of Juvenile Justice shall notify the 180 appropriate district school board of the adjudication or plea, 181 the requirements in this paragraph, and whether the offender is 182 prohibited from attending that school or riding on a school bus 183 whenever the victim or a sibling of the victim is attending the 184 same school or riding on the same school bus, except as provided 185 pursuant to a written disposition order under s. 985.455(2). 186 Upon receipt of such notice, the district school board shall 187 take appropriate action to effectuate the provisions in 188 paragraph (b). 189 (b) Each district school board shall adopt a cooperative 190 agreement with the Department of Juvenile Justice which 191 establishes guidelines for ensuring that any no-contactno192contactorder entered by a court is reported and enforced and 193 that all of the necessary steps are taken to protect the victim 194 of the offense. Any offender described in paragraph (a), who is 195 not exempted as provided in paragraph (a), may not attend any 196 school attended by the victim or a sibling of the victim of the 197 offense or ride on a school bus on which the victim or a sibling 198 of the victim is riding. The offender shall be permitted by the 199 district school board to attend another school within the 200 district in which the offender resides, only if the other school 201 is not attended by the victim or sibling of the victim of the 202 offense; or the offender may be permitted by another district 203 school board to attend a school in that district if the offender 204 is unable to attend any school in the district in which the 205 offender resides. 206 (c) If the offender is unable to attend any other school in 207 the district in which the offender resides and is prohibited 208 from attending a school in another school district, the district 209 school board in the school district in which the offender 210 resides shall take every reasonable precaution to keep the 211 offender separated from the victim while on school grounds or on 212 school transportation. The steps to be taken by a district 213 school board to keep the offender separated from the victim must 214 include, but are not limited to, in-school suspension of the 215 offender and the scheduling of classes, lunch, or other school 216 activities of the victim and the offender so as not to coincide. 217 (d) The offender, or the parents of the offender if the 218 offender is a juvenile, shall arrange and pay for transportation 219 associated with or required by the offender’s attending another 220 school or that would be required as a consequence of the 221 prohibition against riding on a school bus on which the victim 222 or a sibling of the victim is riding. However, the offender or 223 the parents of the offender may not be charged for existing 224 modes of transportation that can be used by the offender at no 225 additional cost to the district school board. 226 (7) Any disciplinary or prosecutorial action taken against 227 a student who violates a zero-tolerance policy must be based on 228 the particular circumstances of the student’s misconduct. 229 (8) School districts are encouraged to use alternatives to 230 expulsion or referral to law enforcement agencies unless the use 231 of such alternatives will pose a threat to school safety. By 232 September 1, 2013, and annually thereafter, each school district 233 shall provide its policy related to zero tolerance to the 234 department to ensure compliance. 235 Section 2. This act shall take effect July 1, 2012.