Bill Text: FL S7040 | 2020 | Regular Session | Comm Sub


Bill Title: Implementation of the Recommendations of the Marjory Stoneman Douglas High School Public Safety Commission

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced) 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 CS for SB 7040
       
       
        
       By the Committees on Appropriations; Infrastructure and
       Security; and Education; and Senator Diaz
       
       
       
       
       576-03982-20                                          20207040c2
    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 certain
   23         information; 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; adding threat
   60         assessment team membership, training, and procedural
   61         requirements; incorporating additional discipline and
   62         behavioral incident reports within school safety
   63         incident reporting requirements; requiring district
   64         school boards to adopt school district emergency event
   65         family reunification policies and plans; requiring
   66         school-based emergency event family reunification
   67         plans to be consistent with school board policy and
   68         the school district plan; requiring plans to address
   69         specified requirements within the framework of model
   70         policies and plans identified by the office; amending
   71         s. 1006.09, F.S.; requiring school principals to use a
   72         specified system to report school safety incidents;
   73         amending s. 1006.12, F.S.; requiring school safety
   74         officers to complete specified training to improve
   75         knowledge and skills as first responders to certain
   76         incidents; specifying county sheriffs’ responsibility
   77         for specified training required for school security
   78         guards; requiring certain school security guards to
   79         meet district background screening requirements and
   80         qualification requirements; conforming notification
   81         requirements to changes made by the act; clarifying
   82         requirements for the assignment of safe school
   83         officers at charter schools; amending s.1006.1493,
   84         F.S.; revising components that must be assessed by the
   85         Florida Safe Schools Assessment Tool to include
   86         policies and procedures to prepare for and respond to
   87         natural or manmade disasters or emergencies; amending
   88         s. 1011.62, F.S.; revising requirements that must be
   89         met before the distribution of the mental health
   90         assistance allocation; providing effective dates.
   91          
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Paragraph (k) of subsection (1) of section
   95  30.15, Florida Statutes, is amended to read:
   96         30.15 Powers, duties, and obligations.—
   97         (1) Sheriffs, in their respective counties, in person or by
   98  deputy, shall:
   99         (k) Assist district school boards and charter school
  100  governing boards in complying with s. 1006.12. A sheriff must,
  101  at a minimum, provide access to a Coach Aaron Feis Guardian
  102  Program training to aid in the prevention or abatement of active
  103  assailant incidents on school premises, as required under this
  104  paragraph. Persons certified as Feis guardian program certified
  105  school guardians or Feis guardian program certified school
  106  security guards pursuant to this paragraph do not have no
  107  authority to act in any law enforcement capacity except to the
  108  extent necessary to prevent or abate an active assailant
  109  incident.
  110         1.a. If a local school board has voted by a majority to
  111  implement a Feis guardian program, the sheriff in that county
  112  shall establish a Feis guardian program to provide training,
  113  pursuant to subparagraph 2., to school district or charter
  114  school employees directly; through a contract with an entity
  115  selected by the local sheriff, provided that the local sheriff
  116  oversees, supervises, and certifies all aspects of the contract
  117  governing the Feis guardian program for the local jurisdiction;
  118  , either directly or through a contract with another sheriff’s
  119  office that has established a Feis guardian program; or through
  120  any combination thereof. To facilitate effective training and
  121  emergency response in the event of an active assailant
  122  situation, a sheriff who contracts with one or more county
  123  sheriffs to provide Feis guardian program training and
  124  certification for the local school district and charter schools
  125  within its county jurisdiction shall notify, in writing, the
  126  local district school superintendent and charter school
  127  administrators of all county-specific protocols incorporated
  128  into the contracted Feis guardian program training and
  129  certification requirements.
  130         b. A charter school governing board in a school district
  131  that has not voted, or has declined, to implement a Feis
  132  guardian program may request the sheriff in the county to
  133  establish a Feis guardian program for the purpose of training
  134  the charter school employees. If the county sheriff denies the
  135  request, the charter school governing board may contract with a
  136  sheriff that has established a Feis guardian program to provide
  137  such training. The charter school governing board must notify,
  138  in writing, the superintendent and the sheriff in the charter
  139  school’s county of the contract prior to its execution.
  140         c. The sheriff conducting the Feis guardian program
  141  training pursuant to subparagraph 2. shall will be reimbursed by
  142  the Department of Education for screening-related and training
  143  related costs for Feis guardian program certified school
  144  guardians and Feis guardian program certified school security
  145  guards as provided in s. 1006.12(3) and (4), respectively, and
  146  for providing a one-time stipend of $500 to each Feis guardian
  147  program certified school guardian who participates in the Feis
  148  school guardian program as an employee of a school district or
  149  charter school.
  150         2. A sheriff who establishes a Feis guardian training
  151  program shall consult with the Department of Law Enforcement on
  152  programmatic guiding principles, practices, and resources, and
  153  shall certify, without the power of arrest, Feis guardian
  154  program certified as school guardians, without the power of
  155  arrest, school employees, as specified in s. 1006.12(3) and Feis
  156  guardian program school security guards as specified in s.
  157  1006.12(4), who:
  158         a. Hold a valid license issued under s. 790.06, applicable
  159  to district or school employees serving as Feis guardian program
  160  certified school guardians pursuant to s. 1006.12(3); or hold a
  161  valid Class “D” and Class “G” license issued under chapter 493,
  162  applicable to individuals contracted to serve as Feis guardian
  163  program certified school security guards under s. 1006.12(4).
  164         b. Complete a 144-hour training program, consisting of 12
  165  hours of certified nationally recognized diversity training and
  166  132 total hours of comprehensive firearm safety and proficiency
  167  training, conducted by Criminal Justice Standards and Training
  168  Commission-certified instructors who hold active instructional
  169  certifications, which must include:
  170         (I) Eighty hours of firearms instruction based on the
  171  Criminal Justice Standards and Training Commission’s Law
  172  Enforcement Academy training model, which must include at least
  173  10 percent but no more than 20 percent more rounds fired than
  174  associated with academy training. Program participants must
  175  achieve an 85 percent pass rate on the firearms training.
  176         (II) Sixteen hours of instruction in precision pistol.
  177  Training must include night and low-light shooting conditions.
  178         (III) Eight hours of discretionary shooting instruction
  179  using state-of-the-art simulator exercises.
  180         (IV) Eight hours of instruction in active shooter or
  181  assailant scenarios.
  182         (V) Eight hours of instruction in defensive tactics.
  183         (VI) Twelve hours of instruction in legal issues.
  184         c. Submit to and pass a psychological evaluation
  185  administered by a licensed professional psychologist licensed
  186  under chapter 490 and designated by the Department of Law
  187  Enforcement and submit the results of the evaluation to the
  188  sheriff’s office. The sheriff’s office must review and approve
  189  the results of each applicant’s psychological evaluation before
  190  accepting the applicant into the Feis guardian program. The
  191  Department of Law Enforcement is authorized to provide the
  192  sheriff’s office with mental health and substance abuse data for
  193  compliance with this paragraph.
  194         d. Submit to and pass an initial drug test and subsequent
  195  random drug tests in accordance with the requirements of s.
  196  112.0455 and the sheriff’s office. The sheriff’s office must
  197  review and approve the results of each applicant’s drug tests
  198  before accepting the applicant into the Feis guardian program.
  199         e. Successfully complete ongoing training conducted by a
  200  Criminal Justice Standards and Training Commission-certified
  201  instructor who holds an active instructional certification,
  202  weapon inspection, and firearm qualification on at least an
  203  annual basis, as required by the sheriff’s office.
  204  
  205  The sheriff who conducts the Feis guardian program training
  206  pursuant to this paragraph shall issue a Feis school guardian
  207  program certificate to individuals who meet the requirements of
  208  this section to the satisfaction of the sheriff, and shall
  209  maintain documentation of weapon and equipment inspections, as
  210  well as the training, certification, inspection, and
  211  qualification records of each Feis guardian program certified
  212  school guardian and Feis guardian program certified school
  213  security guard certified by the sheriff. An individual who is
  214  certified under this paragraph may serve as a Feis guardian
  215  program certified school guardian under s. 1006.12(3) or a Feis
  216  guardian program certified school security guard under s.
  217  1006.12(4) only if he or she is appointed by the applicable
  218  district school superintendent school district superintendent or
  219  charter school administrator principal.
  220         Section 2. Effective October 1, 2020, paragraph (c) is
  221  added to subsection (2) of section 943.082, Florida Statutes, to
  222  read:
  223         943.082 School Safety Awareness Program.—
  224         (2) The reporting tool must notify the reporting party of
  225  the following information:
  226         (c) That, if following investigation, it is determined that
  227  a person knowingly submitted a false tip through FortifyFL, the
  228  IP address of the device on which the tip was submitted will be
  229  provided to law enforcement agencies for further investigation
  230  and the reporting party may be subject to criminal penalties
  231  under s. 837.05. In all other circumstances, unless the
  232  reporting party has chosen to disclose his or her identity, the
  233  report must remain anonymous.
  234         Section 3. Effective upon becoming a law, paragraph (a) of
  235  subsection (2) of section 943.687, Florida Statutes, is amended
  236  to read:
  237         943.687 Marjory Stoneman Douglas High School Public Safety
  238  Commission.—
  239         (2)(a)1. The commission shall convene no later than June 1,
  240  2018, and shall be composed of 16 members. Five members shall be
  241  appointed by the President of the Senate, five members shall be
  242  appointed by the Speaker of the House of Representatives, and
  243  five members shall be appointed by the Governor. From the
  244  members of the commission, the Governor shall appoint the chair.
  245  Appointments must be made by April 30, 2018. The Commissioner of
  246  the Department of Law Enforcement shall serve as a member of the
  247  commission. The Secretary of Children and Families, the
  248  Secretary of Juvenile Justice, the Secretary of Health Care
  249  Administration, and the Commissioner of Education shall serve as
  250  ex officio, nonvoting members of the commission. Members shall
  251  serve at the pleasure of the officer who appointed the member. A
  252  vacancy on the commission shall be filled in the same manner as
  253  the original appointment.
  254         2.In addition to the membership requirements of
  255  subparagraph 1., beginning June 1, 2020, the commission shall
  256  include three additional members selected from among the state’s
  257  actively serving district school superintendents, school
  258  principals, and classroom teachers. The additional members must
  259  be appointed by May 30, 2020, one each by the Governor, the
  260  President of the Senate, and the Speaker of the House of
  261  Representatives. Thereafter, to the extent possible, future
  262  appointments to fill vacancies or replace members of the
  263  commission must give consideration to achieving an equal balance
  264  of school district, law enforcement, and health care
  265  professional representation which reflects the cultural
  266  diversity of the state.
  267         Section 4. Paragraphs (c) and (f) of subsection (2) of
  268  section 985.12, Florida Statutes, are amended to read:
  269         985.12 Civil citation or similar prearrest diversion
  270  programs.—
  271         (2) JUDICIAL CIRCUIT CIVIL CITATION OR SIMILAR PREARREST
  272  DIVERSION PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.—
  273         (c) The state attorney of each circuit shall operate a
  274  civil citation or similar prearrest diversion program in each
  275  circuit. A sheriff, police department, county, municipality,
  276  locally authorized entity, or public or private educational
  277  institution may continue to operate an independent civil
  278  citation or similar prearrest diversion program that is in
  279  operation as of October 1, 2018, if the independent program is
  280  reviewed by the state attorney of the applicable circuit and he
  281  or she determines that the independent program is substantially
  282  similar to the civil citation or similar prearrest diversion
  283  program developed by the circuit. If the state attorney
  284  determines that the independent program is not substantially
  285  similar to the civil citation or similar prearrest diversion
  286  program developed by the circuit, the operator of the
  287  independent diversion program may revise the program and the
  288  state attorney may conduct an additional review of the
  289  independent program. The department and the state attorney of
  290  each judicial circuit shall monitor and enforce compliance with
  291  school-based diversion program requirements.
  292         (f) Each civil citation or similar prearrest diversion
  293  program shall enter the appropriate youth data into the Juvenile
  294  Justice Information System Prevention Web within 7 days after
  295  the admission of the youth into the program. Beginning in fiscal
  296  year 2021-2022, law enforcement officers must have field access
  297  to civil citation and prearrest diversion information.
  298         Section 5. Subsection (9) of section 1001.11, Florida
  299  Statutes, is amended to read:
  300         1001.11 Commissioner of Education; other duties.—
  301         (9) With the intent of ensuring safe learning and teaching
  302  environments, the commissioner shall oversee compliance with
  303  education-related health, the safety, welfare, and security
  304  requirements of law the Marjory Stoneman Douglas High School
  305  Public Safety Act, chapter 2018-3, Laws of Florida, by school
  306  districts; district school superintendents; and public schools,
  307  including charter schools; and other entities or constituencies
  308  as may be applicable. The commissioner shall must facilitate
  309  public and nonpublic school compliance to the maximum extent
  310  provided under law, identify incidents of material
  311  noncompliance, and impose or recommend to the State Board of
  312  Education, the Governor, or the Legislature enforcement and
  313  sanctioning actions pursuant to s. 1001.42, s. 1001.51, chapter
  314  1002, and s. 1008.32, and other authority granted under law. For
  315  purposes of this subsection, s. 1001.42(13)(b), and s.
  316  1001.51(12)(b), the duties assigned to a district school
  317  superintendent apply to charter school administrative personnel
  318  as defined in s. 1012.01(3), and charter school governing boards
  319  shall designate at least one administrator to be responsible for
  320  such duties. The duties assigned to a district school board
  321  apply to a charter school governing board.
  322         Section 6. Present subsections (14) and (15) of section
  323  1001.212, Florida Statutes, are redesignated as subsections (16)
  324  and (17), respectively, new subsections (14) and (15) are added
  325  to that section, and subsections (2), (4), (6), and (8) of that
  326  section are amended, to read:
  327         1001.212 Office of Safe Schools.—There is created in the
  328  Department of Education the Office of Safe Schools. The office
  329  is fully accountable to the Commissioner of Education. The
  330  office shall serve as a central repository for best practices,
  331  training standards, and compliance oversight in all matters
  332  regarding school safety and security, including prevention
  333  efforts, intervention efforts, and emergency preparedness
  334  planning. The office shall:
  335         (2) Provide ongoing professional development opportunities
  336  to school district and charter school personnel.
  337         (4) Develop and implement a School Safety Specialist
  338  Training Program for school safety specialists appointed
  339  pursuant to s. 1006.07(6). The office shall develop the training
  340  program, which shall be based on national and state best
  341  practices on school safety and security and must include active
  342  shooter training. Training must be developed in consultation
  343  with the Florida Department of Law Enforcement and include
  344  information about federal and state laws regarding education
  345  records, medical records, data privacy, and incident reporting
  346  requirements, particularly with respect to behavioral threat
  347  assessment and emergency planning and response procedures. The
  348  office shall develop training modules in traditional or online
  349  formats. A school safety specialist certificate of completion
  350  shall be awarded to a school safety specialist who
  351  satisfactorily completes the training required by rules of the
  352  office.
  353         (6) Coordinate with the Department of Law Enforcement to
  354  provide a unified search tool, known as the Florida Schools
  355  Safety Portal, centralized integrated data repository and data
  356  analytics resources to improve access to timely, complete, and
  357  accurate information integrating data from, at a minimum, but
  358  not limited to, the following data sources by August 1, 2019:
  359         (a) Social media Internet posts;
  360         (b) Department of Children and Families;
  361         (c) Department of Law Enforcement;
  362         (d) Department of Juvenile Justice;
  363         (e) Mobile suspicious activity reporting tool known as
  364  FortifyFL;
  365         (f) School environmental safety incident reports collected
  366  under subsection (8); and
  367         (g) Local law enforcement.
  368  
  369  Data that is exempt or confidential and exempt from public
  370  records requirements retains its exempt or confidential and
  371  exempt status when incorporated into the centralized integrated
  372  data repository. To maintain the confidentiality requirements
  373  attached to the information provided to the centralized
  374  integrated data repository by the various state and local
  375  agencies, data governance and security shall ensure compliance
  376  with all applicable state and federal data privacy requirements
  377  through the use of user authorization and role-based security,
  378  data anonymization and aggregation and auditing capabilities. To
  379  maintain the confidentiality requirements attached to the
  380  information provided to the centralized integrated data
  381  repository by the various state and local agencies, each source
  382  agency providing data to the repository shall be the sole
  383  custodian of the data for the purpose of any request for
  384  inspection or copies thereof under chapter 119. The department
  385  shall only allow access to data from the source agencies in
  386  accordance with rules adopted by the respective source agencies
  387  and the requirements of the Federal Bureau of Investigation
  388  Criminal Justice Information Services security policy, where
  389  applicable.
  390         (8) Oversee, facilitate, and coordinate district and school
  391  compliance with school safety incident reporting requirements in
  392  accordance with rules adopted by the state board enacting the
  393  school safety incident reporting requirements of this
  394  subsection, s. 1006.07(9), and other statutory safety incident
  395  reporting requirements. The office shall:
  396         (a) Provide technical assistance to school districts and
  397  charter school governing boards and administrators for school
  398  environmental safety incident reporting as required under s.
  399  1006.07(9).
  400         (b)The office shall Collect data through school
  401  environmental safety incident reports on incidents involving any
  402  person which occur on school premises, on school transportation,
  403  and at off-campus, school-sponsored events.
  404         (c)Review and evaluate safety incident reports of each The
  405  office shall review and evaluate school district and charter
  406  school and other entities, as may be required by law, reports to
  407  ensure compliance with reporting requirements. The office shall
  408  timely notify the commissioner of all incidents of material
  409  noncompliance for purposes of invoking the commissioner’s
  410  responsibilities provided under s. 1001.11(9). Upon notification
  411  by the commissioner department that a superintendent or charter
  412  school administrator has, based on clear and convincing
  413  evidence, failed to comply with the requirements of s.
  414  1006.07(9), the district school board or charter school
  415  governing board, as applicable, shall withhold further payment
  416  of his or her salary as authorized under s. 1001.42(13)(b) and
  417  impose other appropriate sanctions that the commissioner or
  418  state board by law may impose, pending demonstration of full
  419  compliance.
  420         (14)Maintain a current directory of public and private
  421  school-based diversion programs and cooperate with each judicial
  422  circuit and the Department of Juvenile Justice to facilitate
  423  their efforts to monitor and enforce each governing body’s
  424  compliance with s. 985.12.
  425         (15)Develop, in coordination with the Division of
  426  Emergency Management, other federal, state, and local law
  427  enforcement agencies, fire and rescue agencies, and first
  428  responder agencies, a model emergency event family reunification
  429  plan for use by child care facilities, public K-12 schools, and
  430  public postsecondary institutions that are closed or
  431  unexpectedly evacuated due to natural or manmade disasters or
  432  emergencies.
  433         Section 7. Paragraph (b) of subsection (16) of section
  434  1002.33, Florida Statutes, is amended to read:
  435         1002.33 Charter schools.—
  436         (16) EXEMPTION FROM STATUTES.—
  437         (b) Additionally, a charter school shall demonstrate and
  438  certify in its contract, and if necessary through addendum to
  439  its contract, the charter school’s be in compliance with the
  440  following statutes:
  441         1. Section 286.011, relating to public meetings and
  442  records, public inspection, and criminal and civil penalties.
  443         2. Chapter 119, relating to public records.
  444         3. Section 1003.03, relating to the maximum class size,
  445  except that the calculation for compliance pursuant to s.
  446  1003.03 shall be the average at the school level.
  447         4. Section 1012.22(1)(c), relating to compensation and
  448  salary schedules.
  449         5. Section 1012.33(5), relating to workforce reductions.
  450         6. Section 1012.335, relating to contracts with
  451  instructional personnel hired on or after July 1, 2011.
  452         7. Section 1012.34, relating to the substantive
  453  requirements for performance evaluations for instructional
  454  personnel and school administrators.
  455         8. Section 1006.12, relating to safe-school officers.
  456         9. Section 1006.07(7), relating to threat assessment teams.
  457         10. Section 1006.07(9), relating to school Environmental
  458  safety incident reporting.
  459         11. Section 1006.1493, relating to the Florida Safe Schools
  460  Assessment Tool.
  461         12. Section 1006.07(6)(c), relating to adopting an active
  462  assailant response plan.
  463         13. Section 943.082(4)(b), relating to the mobile
  464  suspicious activity reporting tool.
  465         14. Section 1012.584, relating to youth mental health
  466  awareness and assistance training.
  467         15.Section 1006.07(4), relating to emergency drills and
  468  emergency procedures.
  469         16.Section 1006.07(2)(n), relating to criteria for
  470  assigning a student to a civil citation or similar prearrest
  471  diversion program.
  472         Section 8. Paragraph (r) is added to subsection (1) of
  473  section 1002.421, Florida Statutes to read:
  474         1002.421 State school choice scholarship program
  475  accountability and oversight.—
  476         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  477  school participating in an educational scholarship program
  478  established pursuant to this chapter must be a private school as
  479  defined in s. 1002.01(2) in this state, be registered, and be in
  480  compliance with all requirements of this section in addition to
  481  private school requirements outlined in s. 1002.42, specific
  482  requirements identified within respective scholarship program
  483  laws, and other provisions of Florida law that apply to private
  484  schools, and must:
  485         (r)Comply with section 1006.07(2)(n), Florida Statutes.
  486  
  487  The department shall suspend the payment of funds to a private
  488  school that knowingly fails to comply with this subsection, and
  489  shall prohibit the school from enrolling new scholarship
  490  students, for 1 fiscal year and until the school complies. If a
  491  private school fails to meet the requirements of this subsection
  492  or has consecutive years of material exceptions listed in the
  493  report required under paragraph (q), the commissioner may
  494  determine that the private school is ineligible to participate
  495  in a scholarship program.
  496         Section 9. Paragraph (d) is added to subsection (2) of
  497  section 1003.5716, Florida Statutes, to read:
  498         1003.5716 Transition to postsecondary education and career
  499  opportunities.—All students with disabilities who are 3 years of
  500  age to 21 years of age have the right to a free, appropriate
  501  public education. As used in this section, the term “IEP” means
  502  individual education plan.
  503         (2) Beginning not later than the first IEP to be in effect
  504  when the student attains the age of 16, or younger if determined
  505  appropriate by the parent and the IEP team, the IEP must include
  506  the following statements that must be updated annually:
  507         (d)Beginning in the 2021-2022 school year, a statement of
  508  post-high school performance expectations which includes a
  509  proposed transition plan that facilitates continuity of care and
  510  coordination of any behavioral health services needed to assist
  511  the student in reaching those expectations. The statement must
  512  also specify parent, student, and agency roles and
  513  responsibilities pertaining to the provision and funding of
  514  specified transition services, as applicable.
  515         Section 10. Effective upon becoming a law, subsection (5)
  516  is added to section 1004.44, Florida Statutes, to read:
  517         1004.44 Louis de la Parte Florida Mental Health Institute.
  518  There is established the Louis de la Parte Florida Mental Health
  519  Institute within the University of South Florida.
  520         (5)In consultation with the Department of Children and
  521  Families, the Department of Juvenile Justice, and the Department
  522  of Education, the institute shall convene a workgroup of
  523  practitioners and experts to review, evaluate, and provide
  524  implementation guidance on the mental health-related findings
  525  and recommendations of the Marjory Stoneman Douglas High School
  526  Public Safety Commission, as approved in reports submitted
  527  pursuant to s. 943.687. The workgroup shall analyze, evaluate,
  528  and identify regulatory or legislative actions necessary to
  529  facilitate implementation of each recommendation. By August 1,
  530  2020, the institute shall submit to the Governor, the President
  531  of the Senate, and the Speaker of the House of Representatives
  532  an initial summary report of activities, specific policy and
  533  budget recommendations, including draft legislation and
  534  associated fiscal impact statements, and other information and
  535  policy or administrative recommendations to improve the state’s
  536  mental health system of care. The institute must continue to
  537  monitor commission activities and coordinate with agency
  538  partners to advise them on implementation activities, and may
  539  submit subsequent reports and recommendations on an annual basis
  540  or as requested. This subsection shall expire July 1, 2024.
  541         Section 11. Paragraph (a) of subsection (4), paragraph (a)
  542  of subsection (6), paragraph (a) of subsection (7), and
  543  subsection (9) of section 1006.07, Florida Statutes, are
  544  amended, and paragraph (n) of subsection (2), paragraph (d) of
  545  subsection (4), and subsection (10) are added to that section,
  546  to read:
  547         1006.07 District school board duties relating to student
  548  discipline and school safety.—The district school board shall
  549  provide for the proper accounting for all students, for the
  550  attendance and control of students at school, and for proper
  551  attention to health, safety, and other matters relating to the
  552  welfare of students, including:
  553         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  554  conduct for elementary schools and a code of student conduct for
  555  middle and high schools and distribute the appropriate code to
  556  all teachers, school personnel, students, and parents, at the
  557  beginning of every school year. Each code shall be organized and
  558  written in language that is understandable to students and
  559  parents and shall be discussed at the beginning of every school
  560  year in student classes, school advisory council meetings, and
  561  parent and teacher association or organization meetings. Each
  562  code shall be based on the rules governing student conduct and
  563  discipline adopted by the district school board and shall be
  564  made available in the student handbook or similar publication.
  565  Each code shall include, but is not limited to:
  566         (n)Criteria for assigning a student to a civil citation or
  567  similar prearrest diversion program that is an alternative to
  568  expulsion or referral to law enforcement agencies. All civil
  569  citation or similar prearrest diversion programs must comply
  570  with s. 985.12.
  571         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  572         (a) Formulate and prescribe policies and procedures, in
  573  consultation with the appropriate public safety agencies, for
  574  emergency drills and for actual emergencies, including, but not
  575  limited to, fires, natural disasters, active shooter and hostage
  576  situations, and bomb threats, for all students and faculty at
  577  all public schools of the district comprised of grades K-12.
  578  Drills for active shooter and hostage situations shall be
  579  conducted in accordance with developmentally appropriate and
  580  age-appropriate procedures at least as often as other emergency
  581  drills. Law enforcement officers responsible for responding to
  582  the school in the event of an active assailant emergency, as
  583  determined necessary by the sheriff in coordination with the
  584  district’s school safety specialist, must be physically present
  585  on campus and directly involved in the execution of active
  586  assailant emergency drills. District school board policies shall
  587  include commonly used alarm system responses for specific types
  588  of emergencies and verification by each school that drills have
  589  been provided as required by law and fire protection codes and
  590  may provide accommodations for drills conducted by ESE centers.
  591  The emergency response policy shall identify the individuals
  592  responsible for contacting the primary emergency response agency
  593  and the emergency response agency that is responsible for
  594  notifying the school district for each type of emergency.
  595         (d)Consistent with subsection (10), as a component of
  596  emergency procedures, each district school board and charter
  597  school governing board must adopt, in coordination with local
  598  law enforcement agencies, an emergency event family
  599  reunification plan to reunite students and employees with their
  600  families in the event of a mass casualty or other emergency
  601  event situation.
  602         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  603  school superintendent shall establish policies and procedures
  604  for the prevention of violence on school grounds, including the
  605  assessment of and intervention with individuals whose behavior
  606  poses a threat to the safety of the school community.
  607         (a) Each district school superintendent shall designate a
  608  school safety specialist for the district. The school safety
  609  specialist must be a school administrator employed by the school
  610  district or a law enforcement officer employed by the sheriff’s
  611  office located in the school district. Any school safety
  612  specialist designated from the sheriff’s office must first be
  613  authorized and approved by the sheriff employing the law
  614  enforcement officer. Any school safety specialist designated
  615  from the sheriff’s office remains the employee of the office for
  616  purposes of compensation, insurance, workers’ compensation, and
  617  other benefits authorized by law for a law enforcement officer
  618  employed by the sheriff’s office. The sheriff and the school
  619  superintendent may determine by agreement the reimbursement for
  620  such costs, or may share the costs, associated with employment
  621  of the law enforcement officer as a school safety specialist.
  622  The school safety specialist must earn a certificate of
  623  completion of the school safety specialist training provided by
  624  the Office of Safe Schools within 1 year after appointment and
  625  is responsible for the supervision and oversight for all school
  626  safety and security personnel, policies, and procedures in the
  627  school district. The school safety specialist shall:
  628         1. Review school district policies and procedures for
  629  compliance with state law and rules, including the district’s
  630  timely and accurate submission of school environmental safety
  631  incident reports to the department pursuant to s. 1001.212(8).
  632         2. Provide the necessary training and resources to students
  633  and school district staff in matters relating to youth mental
  634  health awareness and assistance; emergency procedures, including
  635  active shooter training; and school safety and security.
  636         3. Serve as the school district liaison with local public
  637  safety agencies and national, state, and community agencies and
  638  organizations in matters of school safety and security.
  639         4. In collaboration with the appropriate public safety
  640  agencies, as that term is defined in s. 365.171, by October 1 of
  641  each year, conduct a school security risk assessment at each
  642  public school using the Florida Safe Schools Assessment Tool
  643  developed by the Office of Safe Schools pursuant to s.
  644  1006.1493. Based on the assessment findings, the district’s
  645  school safety specialist shall provide recommendations to the
  646  district school superintendent and the district school board
  647  which identify strategies and activities that the district
  648  school board should implement in order to address the findings
  649  and improve school safety and security. Each district school
  650  board must receive such findings and the school safety
  651  specialist’s recommendations at a publicly noticed district
  652  school board meeting to provide the public an opportunity to
  653  hear the district school board members discuss and take action
  654  on the findings and recommendations. Each school safety
  655  specialist shall report such findings and school board action to
  656  the Office of Safe Schools within 30 days after the district
  657  school board meeting.
  658         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  659  shall adopt policies for the establishment of threat assessment
  660  teams at each school whose duties include the coordination of
  661  resources and assessment and intervention with individuals whose
  662  behavior may pose a threat to the safety of school staff or
  663  students consistent with the model policies developed by the
  664  Office of Safe Schools. Such policies must include procedures
  665  for referrals to mental health services identified by the school
  666  district pursuant to s. 1012.584(4), when appropriate, and
  667  procedures for behavioral threat assessments in compliance with
  668  the instrument developed pursuant to s. 1001.212(12).
  669         (a) A threat assessment team shall include a sworn law
  670  enforcement officer who has undergone threat assessment training
  671  identified by the Office of Safe Schools pursuant to s.
  672  1001.212, and persons with expertise in counseling, instruction,
  673  and school administration, and law enforcement. All required
  674  members of the threat assessment team must be involved in the
  675  threat assessment process, from start to finish, including the
  676  determination of the final disposition decision. The threat
  677  assessment teams shall identify members of the school community
  678  to whom threatening behavior should be reported and provide
  679  guidance to students, faculty, and staff regarding recognition
  680  of threatening or aberrant behavior that may represent a threat
  681  to the community, school, or self. Upon the availability of the
  682  behavioral threat assessment instrument developed pursuant to s.
  683  1001.212(12), the threat assessment team shall use that
  684  instrument.
  685         (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
  686  district school board shall adopt policies to ensure the
  687  accurate and timely reporting of incidents related to school
  688  safety and discipline. For purposes of s. 1001.212(8) and this
  689  subsection, incidents related to school safety and discipline
  690  include incidents reported pursuant to ss. 1006.09, 1006.13,
  691  1006.135, 1006.147, and 1006.148. The district school
  692  superintendent is responsible for school environmental safety
  693  incident reporting. A district school superintendent who fails
  694  to comply with this subsection is subject to the penalties
  695  specified in law, including, but not limited to, s.
  696  1001.42(13)(b) or s. 1001.51(12)(b), as applicable. The State
  697  Board of Education shall adopt rules establishing the
  698  requirements for the school environmental safety incident
  699  reporting report.
  700         (10)EMERGENCY EVENT FAMILY REUNIFICATION POLICIES AND
  701  PLANS.—By August 1, 2021, each district school board shall adopt
  702  a school district emergency event family reunification policy
  703  establishing elements and requirements for a school district
  704  emergency event family reunification plan and individual school
  705  based emergency event family reunification plans for the purpose
  706  of reuniting students and employees with their families in the
  707  event of a mass casualty or other emergency event situation.
  708         (a)School district policies and plans must be coordinated
  709  with the county sheriff and local law enforcement. School-based
  710  plans must be consistent with school board policy and the school
  711  district plan. The school board is encouraged to apply model
  712  mass casualty death notification and reunification policies and
  713  practices referenced in reports published pursuant to s. 943.687
  714  and as developed by the Office of Safe Schools.
  715         (b)Minimally, plans must identify potential reunification
  716  sites and ensure a unified command at each site, identify
  717  equipment needs, provide multiple methods of communication with
  718  family members of students and staff, address training for
  719  employees, and provide multiple methods to aid law enforcement
  720  in identification of students and staff, including written
  721  backup documents.
  722         Section 12. Subsection (6) of section 1006.09, Florida
  723  Statutes, is amended to read:
  724         1006.09 Duties of school principal relating to student
  725  discipline and school safety.—
  726         (6) Each school principal must ensure that standardized
  727  forms prescribed by rule of the State Board of Education are
  728  used to report data concerning school safety and discipline to
  729  the department through the School Environmental Safety Incident
  730  Reporting (SESIR) System. The school principal must develop a
  731  plan to verify the accuracy of reported incidents.
  732         Section 13. Section 1006.12, Florida Statutes, is amended
  733  to read:
  734         1006.12 Safe-school officers at each public school.—For the
  735  protection and safety of school personnel, property, students,
  736  and visitors, each district school board and district school
  737  superintendent school district superintendent shall partner with
  738  law enforcement agencies or security agencies to establish or
  739  assign one or more safe-school officers at each school facility
  740  within the district, including charter schools. A district
  741  school board must collaborate with charter school governing
  742  boards to facilitate charter school access to all safe-school
  743  officer options available under this section. The school
  744  district may implement one or more any combination of the
  745  options specified in subsections (1)-(4) to best meet the needs
  746  of the school district and charter schools.
  747         (1) SWORN LAW ENFORCEMENT SCHOOL RESOURCE OFFICER.—A school
  748  district may establish school resource officer programs through
  749  a cooperative agreement with law enforcement agencies.
  750         (a) Sworn law enforcement school resource officers shall
  751  undergo criminal background checks, drug testing, and a
  752  psychological evaluation and be certified law enforcement
  753  officers, as defined in s. 943.10(1), who are employed by a law
  754  enforcement agency as defined in s. 943.10(4). The powers and
  755  duties of a law enforcement officer shall continue throughout
  756  the employee’s tenure as a sworn law enforcement school resource
  757  officer.
  758         (b) Sworn law enforcement school resource officers shall
  759  abide by district school board policies and shall consult with
  760  and coordinate activities through the school principal, but
  761  shall be responsible to the law enforcement agency in all
  762  matters relating to employment, subject to agreements between a
  763  district school board and a law enforcement agency. Activities
  764  conducted by the sworn law enforcement school resource officer
  765  which are part of the regular instructional program of the
  766  school shall be under the direction of the school principal.
  767         (c) Sworn law enforcement school resource officers shall
  768  complete mental health crisis intervention training using a
  769  curriculum developed by a national organization with expertise
  770  in mental health crisis intervention. The training shall improve
  771  officers’ knowledge and skills as first responders to incidents
  772  involving students with emotional disturbance or mental illness,
  773  including de-escalation skills to ensure student and officer
  774  safety.
  775         (2) SWORN LAW ENFORCEMENT SCHOOL SAFETY OFFICER.—A school
  776  district may commission one or more sworn law enforcement school
  777  safety officers for the protection and safety of school
  778  personnel, property, and students within the school district.
  779  The district school superintendent may recommend, and the
  780  district school board may appoint, one or more sworn law
  781  enforcement school safety officers.
  782         (a) Sworn law enforcement school safety officers shall
  783  undergo criminal background checks, drug testing, and a
  784  psychological evaluation and be law enforcement officers, as
  785  defined in s. 943.10(1), certified under the provisions of
  786  chapter 943 and employed by either a law enforcement agency or
  787  by the district school board. If the officer is employed by the
  788  district school board, the district school board is the
  789  employing agency for purposes of chapter 943, and must comply
  790  with the provisions of that chapter.
  791         (b) A sworn law enforcement school safety officer has and
  792  shall exercise the power to make arrests for violations of law
  793  on district school board property or on property owned or leased
  794  by a charter school under the charter contract, as applicable,
  795  and to arrest persons, whether on or off such property, who
  796  violate any law on such property under the same conditions that
  797  deputy sheriffs are authorized to make arrests. A sworn law
  798  enforcement school safety officer has the authority to carry
  799  weapons when performing his or her official duties.
  800         (c) A district school board may enter into mutual aid
  801  agreements with one or more law enforcement agencies as provided
  802  in chapter 23. A sworn law enforcement school safety officer’s
  803  salary may be paid jointly by the district school board and the
  804  law enforcement agency, as mutually agreed to.
  805         (d) Sworn law enforcement school safety officers shall
  806  complete mental health crisis intervention training using a
  807  curriculum developed by a national organization with expertise
  808  in mental health crisis intervention. The training must improve
  809  officers’ knowledge and skills as first responders to incidents
  810  involving students with emotional disturbance or mental illness,
  811  including de-escalation skills to ensure student and officer
  812  safety.
  813         (3) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL GUARDIAN.—At the
  814  school district’s or the charter school governing board’s
  815  discretion, as applicable, pursuant to s. 30.15, a school
  816  district or charter school governing board may participate in
  817  the Coach Aaron Feis Guardian Program to meet the requirement of
  818  establishing a safe-school officer. The following individuals
  819  may serve as a Feis guardian program certified school guardian,
  820  in support of school-sanctioned activities for purposes of s.
  821  790.115, upon satisfactory completion of the requirements under
  822  s. 30.15(1)(k) and certification by a sheriff:
  823         (a) A school district employee or personnel, as defined
  824  under s. 1012.01, or a charter school employee, as provided
  825  under s. 1002.33(12)(a), who volunteers to serve as a Feis
  826  guardian program certified school guardian in addition to his or
  827  her official job duties; or
  828         (b) An employee of a school district or a charter school
  829  who is hired for the specific purpose of serving as a Feis
  830  guardian program certified school guardian.
  831         (4) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL SECURITY GUARD.
  832  A school district or charter school governing board may contract
  833  with a security agency as defined in s. 493.6101(18) to employ
  834  as a Feis guardian program certified school security guard an
  835  individual who holds a Class “D” and Class “G” license pursuant
  836  to chapter 493, provided the following training and contractual
  837  conditions are met:
  838         (a) An individual who serves as a Feis guardian program
  839  certified school security guard, for purposes of satisfying the
  840  requirements of this section, must:
  841         1. Demonstrate satisfactory completion of all training
  842  program requirements of the Coach Aaron Feis Guardian Program,
  843  as provided and certified by a county sheriff, 144 hours of
  844  required training pursuant to s. 30.15(1)(k)2.
  845         2. Submit to and pass a psychological evaluation
  846  administered by a licensed professional psychologist licensed
  847  under chapter 490 and designated by the Department of Law
  848  Enforcement and submit the results of the evaluation to the
  849  sheriff’s office, school district, or charter school governing
  850  board, as applicable. The sheriff’s office must review and
  851  approve the results of each applicant’s psychological evaluation
  852  before accepting the applicant into the Feis guardian program.
  853  The Department of Law Enforcement is authorized to provide the
  854  sheriff’s office, school district, or charter school governing
  855  board with mental health and substance abuse data for compliance
  856  with this paragraph.
  857         3. Submit to and pass an initial drug test and subsequent
  858  random drug tests in accordance with the requirements of s.
  859  112.0455 and the sheriff’s office, school district, or charter
  860  school governing board, as applicable. The sheriff’s office must
  861  review and approve the results of each applicant’s drug tests
  862  before accepting the applicant into the Feis guardian program.
  863         4. Successfully complete ongoing training, weapon
  864  inspection, and firearm qualification on at least an annual
  865  basis, as required by the sheriff’s office and provide
  866  documentation to the sheriff’s office, school district, or
  867  charter school governing board, as applicable.
  868         (b) The contract between a security agency and a school
  869  district or a charter school governing board regarding
  870  requirements applicable to Feis guardian program certified
  871  school security guards serving in the capacity of a safe-school
  872  officer for purposes of satisfying the requirements of this
  873  section shall define the county sheriff or sheriffs entity or
  874  entities responsible for Feis guardian program training and the
  875  responsibilities for maintaining records relating to training,
  876  inspection, and firearm qualification; and define conditions,
  877  requirements, costs, and responsibilities necessary to satisfy
  878  the background screening requirements of paragraph (d).
  879         (c) Feis guardian program certified school security guards
  880  serving in the capacity of a safe-school officer pursuant to
  881  this subsection are in support of school-sanctioned activities
  882  for purposes of s. 790.115, and must aid in the prevention or
  883  abatement of active assailant incidents on school premises.
  884         (d)A Feis guardian program certified school security guard
  885  serving in the capacity of a safe-school officer pursuant to
  886  this subsection is considered to be a “noninstructional
  887  contractor” subject to the background screening requirements of
  888  s. 1012.465, as they apply to each applicable school district or
  889  charter school, and these requirements must be satisfied before
  890  the Feis guardian program certified school security guard is
  891  given access to school grounds.
  892         (5) NOTIFICATION.—The school district superintendent or
  893  charter school administrator shall notify the county sheriff and
  894  the Office of Safe Schools immediately after, but no later than
  895  72 hours after:
  896         (a) A safe-school officer is dismissed for misconduct or is
  897  otherwise disciplined.
  898         (b) A safe-school officer discharges his or her firearm in
  899  the exercise of the safe-school officer’s duties, other than for
  900  training purposes.
  901         (6) EXEMPTION.—Any information that would identify whether
  902  a particular individual has been appointed as a safe-school
  903  officer pursuant to this section held by a law enforcement
  904  agency, school district, or charter school is exempt from s.
  905  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  906  subsection is subject to the Open Government Sunset Review Act
  907  in accordance with s. 119.15 and shall stand repealed on October
  908  2, 2023, unless reviewed and saved from repeal through
  909  reenactment by the Legislature.
  910  
  911  If a district school board, through its adopted policies,
  912  procedures, or actions, denies a charter school access to any
  913  safe-school officer options pursuant to this section, the school
  914  district must assign a sworn law enforcement school resource
  915  officer or sworn law enforcement school safety officer to the
  916  charter school. Under such circumstances, the charter school’s
  917  share of the costs of the sworn law enforcement school resource
  918  officer or sworn law enforcement school safety officer may not
  919  exceed the safe school allocation funds provided to the charter
  920  school pursuant to s. 1011.62(15) and shall be retained by the
  921  school district. Nothing in this provision shall operate to
  922  require a charter school to contract with the school district
  923  for the provision of a sworn law enforcement school resource
  924  officer or a sworn law enforcement school safety officer. At the
  925  election of the charter school, the charter school may waive the
  926  school district’s obligation to assign a sworn law enforcement
  927  school resource officer or sworn law enforcement school safety
  928  officer, and the charter school may retain its safe school
  929  allocation funds.
  930         Section 14. Paragraph (a) of subsection (2) of section
  931  1006.1493, Florida Statutes, is amended to read:
  932         1006.1493 Florida Safe Schools Assessment Tool.—
  933         (2) The FSSAT must help school officials identify threats,
  934  vulnerabilities, and appropriate safety controls for the schools
  935  that they supervise, pursuant to the security risk assessment
  936  requirements of s. 1006.07(6).
  937         (a) At a minimum, the FSSAT must address all of the
  938  following components:
  939         1. School emergency and crisis preparedness planning;
  940         2. Security, crime, and violence prevention policies and
  941  procedures;
  942         3. Physical security measures;
  943         4. Professional development training needs;
  944         5. An examination of support service roles in school
  945  safety, security, and emergency planning;
  946         6. School security and school police staffing, operational
  947  practices, and related services;
  948         7. School and community collaboration on school safety; and
  949         8. A return on investment analysis of the recommended
  950  physical security controls and;.
  951         9.Policies and procedures to prepare for and respond to
  952  natural or manmade disasters or emergencies, including plans to
  953  reunite students and employees with families after a school is
  954  closed or unexpectedly evacuated due to such disasters or
  955  emergencies.
  956         Section 15. Subsection (16) of section 1011.62, Florida
  957  Statutes, is amended to read:
  958         1011.62 Funds for operation of schools.—If the annual
  959  allocation from the Florida Education Finance Program to each
  960  district for operation of schools is not determined in the
  961  annual appropriations act or the substantive bill implementing
  962  the annual appropriations act, it shall be determined as
  963  follows:
  964         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
  965  assistance allocation is created to provide funding to assist
  966  school districts in establishing or expanding school-based
  967  mental health care; train educators and other school staff in
  968  detecting and responding to mental health issues; and connect
  969  children, youth, and families who may experience behavioral
  970  health issues with appropriate services. These funds shall be
  971  allocated annually in the General Appropriations Act or other
  972  law to each eligible school district. Each school district shall
  973  receive a minimum of $100,000, with the remaining balance
  974  allocated based on each school district’s proportionate share of
  975  the state’s total unweighted full-time equivalent student
  976  enrollment. Charter schools that submit a plan separate from the
  977  school district are entitled to a proportionate share of
  978  district funding. The allocated funds may not supplant funds
  979  that are provided for this purpose from other operating funds
  980  and may not be used to increase salaries or provide bonuses.
  981  School districts are encouraged to maximize third-party health
  982  insurance benefits and Medicaid claiming for services, where
  983  appropriate.
  984         (a) Before the distribution of the allocation:
  985         1. The school district shall must develop and submit a
  986  detailed plan outlining the local program and planned
  987  expenditures to the district school board for approval. The This
  988  plan, which must include input from school and community
  989  stakeholders, applies to all district schools, including charter
  990  schools, unless a charter school elects to submit a plan
  991  independently from the school district pursuant to subparagraph
  992  2.
  993         2. A charter school may develop and submit a detailed plan
  994  outlining the local program and planned expenditures to its
  995  governing body for approval. After the plan is approved by the
  996  governing body, it must be provided to the charter school’s
  997  sponsor.
  998         (b) The plans required under paragraph (a) must be focused
  999  on a multitiered system of supports to deliver evidence-based
 1000  mental health care assessment, diagnosis, intervention,
 1001  treatment, and recovery services to students with one or more
 1002  mental health or co-occurring substance abuse diagnoses and to
 1003  students at high risk of such diagnoses. The provision of these
 1004  services must be coordinated with a student’s primary mental
 1005  health care provider and with other mental health providers
 1006  involved in the student’s care. At a minimum, the plans must
 1007  include the following elements:
 1008         1. Direct employment of school-based mental health services
 1009  providers to expand and enhance school-based student services
 1010  and to reduce the ratio of students to staff in order to better
 1011  align with nationally recommended ratio models. These providers
 1012  include, but are not limited to, certified school counselors,
 1013  school psychologists, school social workers, and other licensed
 1014  mental health professionals. The plan also must establish
 1015  identify strategies to increase the amount of time that school
 1016  based student services personnel spend providing direct services
 1017  to students, which may include the review and revision of
 1018  district staffing resource allocations based on school or
 1019  student mental health assistance needs.
 1020         2. Contracts or interagency agreements with one or more
 1021  local community behavioral health providers or providers of
 1022  Community Action Team services to provide a behavioral health
 1023  staff presence and services at district schools. Services may
 1024  include, but are not limited to, mental health screenings and
 1025  assessments, individual counseling, family counseling, group
 1026  counseling, psychiatric or psychological services, trauma
 1027  informed care, mobile crisis services, and behavior
 1028  modification. These behavioral health services may be provided
 1029  on or off the school campus and may be supplemented by
 1030  telehealth.
 1031         3. Policies and procedures, including contracts with
 1032  service providers, which will ensure that students who are
 1033  referred to a school-based or community-based mental health
 1034  service provider for mental health screening for the
 1035  identification of mental health concerns and ensure that the
 1036  assessment of students at risk for mental health disorders
 1037  occurs within 15 days of referral. School-based mental health
 1038  services must be initiated within 15 days after identification
 1039  and assessment, and support by community-based mental health
 1040  service providers for students who are referred for community
 1041  based mental health services must be initiated within 30 days
 1042  after the school or district makes a referral.
 1043         4. Mental health policies and procedures that implement and
 1044  support all of the following elements:
 1045         a.Universal supports to promote psychological well-being
 1046  and safe and supportive environments.
 1047         b.Evidence-based strategies or programs to reduce the
 1048  likelihood of at-risk students developing social, emotional, or
 1049  behavioral health problems, depression, anxiety disorders,
 1050  suicidal tendencies, or substance use disorders.
 1051         c.5. Strategies to improve the early identification of
 1052  social, emotional, or behavioral problems or substance use
 1053  disorders; provide, to improve the provision of early
 1054  intervention services;, and to assist students in dealing with
 1055  trauma and violence.
 1056         d.Methods for responding to a student with suicidal
 1057  ideation, including training in suicide risk assessment and the
 1058  use of suicide awareness, prevention, and screening instruments
 1059  developed under s. 1012.583; adoption of guidelines for
 1060  informing parents of suicide risk; and implementation of board
 1061  policies for initiating involuntary examination of students at
 1062  risk of suicide.
 1063         e.A school crisis response plan that includes strategies
 1064  for the prevention of, preparation for, response to, and
 1065  recovery from a range of school crises. The plan must establish
 1066  or coordinate the implementation of district-level and school
 1067  level crisis response teams whose membership includes, but is
 1068  not limited to, representatives of school administration and
 1069  school-based mental health service providers.
 1070         (c) School districts shall submit approved plans, including
 1071  approved plans of each charter school in the district, to the
 1072  commissioner by August 1 of each fiscal year.
 1073         (d) By September 30 of each year Beginning September 30,
 1074  2019, and annually by September 30 thereafter, each school
 1075  district shall submit its district report to the department. By
 1076  November 1 of each year, the department shall submit a state
 1077  summary report to the Governor, the President of the Senate, and
 1078  the Speaker of the House of Representatives on Department of
 1079  Education a report on its program outcomes and expenditures for
 1080  the previous fiscal year. The school district report must
 1081  include program outcomes and expenditures for all public schools
 1082  in the district, including charter schools that submitted a
 1083  separate plan. At a minimum, the district and state reports also
 1084  must that, at a minimum, must include school district-level and
 1085  school-level, including charter schools, information, including
 1086  multiple-year trend data, when available, for each of the number
 1087  of each of the following indicators:
 1088         1. The number of students who receive screenings or
 1089  assessments.
 1090         2. The number of students who are referred to either
 1091  school-based or community-based providers for services or
 1092  assistance.
 1093         3. The number of students who receive either school-based
 1094  or community-based interventions, services, or assistance.
 1095         4. The number of school-based and community-based mental
 1096  health providers, including licensure type, paid for from funds
 1097  provided through the allocation.
 1098         5. The number and ratio to students of school social
 1099  workers, school psychologists, and certified school counselors
 1100  employed by the district or charter school and the total number
 1101  of licensed mental health professionals directly employed by the
 1102  district or charter school.
 1103         6. Contract-based collaborative efforts or partnerships
 1104  with community mental health programs, agencies, or providers.
 1105         Section 16. Except as otherwise expressly provided in this
 1106  act and except for this section, which shall take effect upon
 1107  becoming a law, this act shall take effect July 1, 2020.

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