Bill Text: FL S7040 | 2020 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Prefiled.html
       Florida Senate - 2020                   (PROPOSED BILL) SPB 7040
       
       
        
       FOR CONSIDERATION By the Committee on Education
       
       
       
       
       
       581-02304-20                                          20207040pb
    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 a certain
   23         database; 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         1003.5716, F.S.; revising individual education plan
   36         requirements for certain students to include a
   37         statement of expectations for the transition of
   38         behavioral health services needed after high school
   39         graduation; requiring parent, student, and agency
   40         roles and responsibilities to be specified in a course
   41         of action transition plan, as applicable; amending s.
   42         1004.44, F.S.; requiring the Louis de la Parte Florida
   43         Mental Health Institute to consult with specified
   44         state agencies and convene a workgroup to advise those
   45         agencies on the implementation of specified mental
   46         health recommendations; requiring the institute to
   47         submit a report with administrative and legislative
   48         policy recommendations to the Governor and the
   49         Legislature by a specified date; authorizing the
   50         institute to submit additional reports and
   51         recommendations as needed and requested; amending s.
   52         1006.07, F.S.; requiring code of student conduct
   53         policies to contain prearrest diversion program
   54         criteria; specifying requirements applicable to
   55         emergency drill policies and procedures, in accordance
   56         with State Board of Education rules; requiring the
   57         state board to adopt rules in consultation with state
   58         and local entities; adding threat assessment team
   59         membership, training, and procedural requirements;
   60         incorporating additional discipline and behavioral
   61         incident reports within school safety incident
   62         reporting requirements; requiring district school
   63         boards to adopt school district emergency event family
   64         reunification policies and plans; requiring school
   65         based emergency event family reunification plans to be
   66         consistent with school board policy and the school
   67         district plan; requiring plans to address specified
   68         requirements within the framework of model policies
   69         and plans identified by the office; amending s.
   70         1006.09, F.S.; requiring school principals to use a
   71         specified system to report school safety incidents;
   72         amending s. 1006.12, F.S.; requiring school safety
   73         officers to complete specified training to improve
   74         knowledge and skills as first responders to certain
   75         incidents; specifying county sheriffs’ responsibility
   76         for specified training required for school security
   77         guards; requiring certain school security guards to
   78         meet district background screening requirements and
   79         qualification requirements; conforming notification
   80         requirements to changes made by the act; amending s.
   81         1006.13, F.S.; authorizing district school boards to
   82         assign students to certain diversion programs as
   83         options within zero-tolerance policies; amending s.
   84         1006.1493, F.S.; revising components that must be
   85         assessed by the Florida Safe Schools Assessment Tool
   86         to include policies and procedures to prepare for and
   87         respond to natural or man-made disasters or
   88         emergencies; amending s. 1011.62, F.S.; revising
   89         requirements that must be met before the distribution
   90         of the mental health assistance allocation; providing
   91         effective dates.
   92          
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Paragraph (k) of subsection (1) of section
   96  30.15, Florida Statutes, is amended to read:
   97         30.15 Powers, duties, and obligations.—
   98         (1) Sheriffs, in their respective counties, in person or by
   99  deputy, shall:
  100         (k) Assist district school boards and charter school
  101  governing boards in complying with s. 1006.12. A sheriff must,
  102  at a minimum, provide access to a Coach Aaron Feis Guardian
  103  Program training to aid in the prevention or abatement of active
  104  assailant incidents on school premises, as required under this
  105  paragraph. Persons certified as Feis guardian program certified
  106  school guardians or Feis guardian program certified school
  107  security guards pursuant to this paragraph do not have no
  108  authority to act in any law enforcement capacity except to the
  109  extent necessary to prevent or abate an active assailant
  110  incident.
  111         1.a. If a local school board has voted by a majority to
  112  implement a Feis guardian program, the sheriff in that county
  113  shall establish a Feis guardian program to provide training,
  114  pursuant to subparagraph 2., to school district or charter
  115  school employees directly; through a contract with an entity
  116  selected by the local sheriff, provided that the local sheriff
  117  oversees, supervises, and certifies all aspects of the contract
  118  governing the Feis guardian program for the local jurisdiction;
  119  , either directly or through a contract with another sheriff’s
  120  office that has established a Feis guardian program; or through
  121  any combination thereof. To facilitate effective training and
  122  emergency response in the event of an active assailant
  123  situation, a sheriff who contracts with one or more county
  124  sheriffs to provide Feis guardian program training and
  125  certification for the local school district and charter schools
  126  within its county jurisdiction shall notify, in writing, the
  127  local district school superintendent and charter school
  128  administrators of all county-specific protocols incorporated
  129  into the contracted Feis guardian program training and
  130  certification requirements.
  131         b. A charter school governing board in a school district
  132  that has not voted, or has declined, to implement a Feis
  133  guardian program may request the sheriff in the county to
  134  establish a Feis guardian program for the purpose of training
  135  the charter school employees. If the county sheriff denies the
  136  request, the charter school governing board may contract with a
  137  sheriff that has established a Feis guardian program to provide
  138  such training. The charter school governing board must notify,
  139  in writing, the superintendent and the sheriff in the charter
  140  school’s county of the contract prior to its execution.
  141         c. The sheriff conducting the Feis guardian program
  142  training pursuant to subparagraph 2. shall will be reimbursed by
  143  the Department of Education for screening-related and training
  144  related costs for Feis guardian program certified school
  145  guardians and Feis guardian program certified school security
  146  guards as provided in s. 1006.12(3) and (4), respectively, and
  147  for providing a one-time stipend of $500 to each Feis guardian
  148  program certified school guardian who participates in the Feis
  149  school guardian program as an employee of a school district or
  150  charter school.
  151         2. A sheriff who establishes a Feis guardian training
  152  program shall consult with the Department of Law Enforcement on
  153  programmatic guiding principles, practices, and resources, and
  154  shall certify, without the power of arrest, as Feis guardian
  155  program certified school guardians, without the power of arrest,
  156  school employees, as specified in s. 1006.12(3) and Feis
  157  guardian program school security guards as specified in s.
  158  1006.12(4), who:
  159         a. Hold a valid license issued under s. 790.06, applicable
  160  to district or school employees serving as Feis guardian program
  161  certified school guardians pursuant to s. 1006.12(3); or hold a
  162  valid Class “D” and Class “G” license issued under chapter 493,
  163  applicable to individuals contracted to serve as Feis guardian
  164  program certified school security guards under s. 1006.12(4).
  165         b. Complete a 144-hour training program, consisting of 12
  166  hours of certified nationally recognized diversity training and
  167  132 total hours of comprehensive firearm safety and proficiency
  168  training, conducted by Criminal Justice Standards and Training
  169  Commission-certified instructors who hold active instructional
  170  certifications, which must include:
  171         (I) Eighty hours of firearms instruction based on the
  172  Criminal Justice Standards and Training Commission’s Law
  173  Enforcement Academy training model, which must include at least
  174  10 percent but no more than 20 percent more rounds fired than
  175  associated with academy training. Program participants must
  176  achieve an 85 percent pass rate on the firearms training.
  177         (II) Sixteen hours of instruction in precision pistol.
  178  Training must include night and low-light shooting conditions.
  179         (III) Eight hours of discretionary shooting instruction
  180  using state-of-the-art simulator exercises.
  181         (IV) Eight hours of instruction in active shooter or
  182  assailant scenarios.
  183         (V) Eight hours of instruction in defensive tactics.
  184         (VI) Twelve hours of instruction in legal issues.
  185         c. Submit to and pass a psychological evaluation
  186  administered by a licensed professional psychologist licensed
  187  under chapter 490 and designated by the Department of Law
  188  Enforcement and submit the results of the evaluation to the
  189  sheriff’s office. The sheriff’s office must review and approve
  190  the results of each applicant’s psychological evaluation before
  191  accepting the applicant into the Feis guardian program. The
  192  Department of Law Enforcement is authorized to provide the
  193  sheriff’s office with mental health and substance abuse data for
  194  compliance with this paragraph.
  195         d. Submit to and pass an initial drug test and subsequent
  196  random drug tests in accordance with the requirements of s.
  197  112.0455 and the sheriff’s office. The sheriff’s office must
  198  review and approve the results of each applicant’s drug tests
  199  before accepting the applicant into the Feis guardian program.
  200         e. Successfully complete ongoing training conducted by a
  201  Criminal Justice Standards and Training Commission-certified
  202  instructor who holds an active instructional certification,
  203  weapon inspection, and firearm qualification on at least an
  204  annual basis, as required by the sheriff’s office.
  205  
  206  The sheriff who conducts the Feis guardian program training
  207  pursuant to this paragraph shall issue a Feis school guardian
  208  program certificate to individuals who meet the requirements of
  209  this section to the satisfaction of the sheriff, and shall
  210  maintain documentation of weapon and equipment inspections, as
  211  well as the training, certification, inspection, and
  212  qualification records of each Feis guardian program certified
  213  school guardian and Feis guardian program certified school
  214  security guard certified by the sheriff. An individual who is
  215  certified under this paragraph may serve as a Feis guardian
  216  program certified school guardian under s. 1006.12(3) or a Feis
  217  guardian program certified school security guard under s.
  218  1006.12(4) only if he or she is appointed by the applicable
  219  district school superintendent school district superintendent or
  220  charter school administrator principal.
  221         Section 2. Effective October 1, 2020, paragraph (c) is
  222  added to subsection (2) of section 943.082, Florida Statutes, to
  223  read:
  224         943.082 School Safety Awareness Program.—
  225         (2) The reporting tool must notify the reporting party of
  226  the following information:
  227         (c) That, if following investigation, it is determined that
  228  a person knowingly submitted a false tip through FortifyFL, the
  229  IP address of the device on which the tip was submitted will be
  230  provided to law enforcement agencies for further investigation
  231  and the reporting party may be subject to criminal penalties
  232  under s. 837.05. In all other circumstances, unless the
  233  reporting party has chosen to disclose his or her identity, the
  234  report must remain anonymous.
  235         Section 3. Paragraph (a) of subsection (2) of section
  236  943.687, Florida Statutes, is amended 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. In cooperation with the Department of
  290  Education pursuant to s. 1001.212, the department and the state
  291  attorney of each judicial circuit shall monitor and enforce
  292  compliance with school-based diversion program requirements.
  293         (f) Each civil citation or similar prearrest diversion
  294  program shall enter the appropriate youth data into the Juvenile
  295  Justice Information System Prevention Web within 7 days after
  296  the admission of the youth into the program. Beginning in fiscal
  297  year 2021-2022, law enforcement officers must have field access
  298  to the Juvenile Justice Information System Prevention Web.
  299         Section 5. Subsection (9) of section 1001.11, Florida
  300  Statutes, is amended to read:
  301         1001.11 Commissioner of Education; other duties.—
  302         (9) With the intent of ensuring safe learning and teaching
  303  environments, the commissioner shall oversee compliance with
  304  education-related health, the safety, welfare, and security
  305  requirements of law the Marjory Stoneman Douglas High School
  306  Public Safety Act, chapter 2018-3, Laws of Florida, by school
  307  districts; district school superintendents; and public schools,
  308  including charter schools; and other entities or constituencies
  309  as may be applicable. The commissioner shall must facilitate
  310  public and nonpublic school compliance to the maximum extent
  311  provided under law, identify incidents of material
  312  noncompliance, and impose or recommend to the State Board of
  313  Education, the Governor, or the Legislature enforcement and
  314  sanctioning actions pursuant to s. 1001.42, s. 1001.51, chapter
  315  1002, and s. 1008.32, and other authority granted under law. For
  316  purposes of this subsection, s. 1001.42(13)(b), and s.
  317  1001.51(12)(b), the duties assigned to a district school
  318  superintendent apply to charter school administrative personnel
  319  as defined in s. 1012.01(3), and charter school governing boards
  320  shall designate at least one administrator to be responsible for
  321  such duties. The duties assigned to a district school board
  322  apply to a charter school governing board.
  323         Section 6. Present subsections (14) and (15) of section
  324  1001.212, Florida Statutes, are redesignated as subsections (16)
  325  and (17), respectively, new subsections (14) and (15) are added
  326  to that section, and subsections (2), (4), (6), (7), and (8) of
  327  that section are amended, to read:
  328         1001.212 Office of Safe Schools.—There is created in the
  329  Department of Education the Office of Safe Schools. The office
  330  is fully accountable to the Commissioner of Education. The
  331  office shall serve as a central repository for best practices,
  332  training standards, and compliance oversight in all matters
  333  regarding school safety and security, including prevention
  334  efforts, intervention efforts, and emergency preparedness
  335  planning. The office shall:
  336         (2) Provide ongoing professional development opportunities
  337  to school district and charter school personnel.
  338         (4) Develop and implement a School Safety Specialist
  339  Training Program for school safety specialists appointed
  340  pursuant to s. 1006.07(6). The office shall develop the training
  341  program, which shall be based on national and state best
  342  practices on school safety and security and must include active
  343  shooter training. Training must also include information about
  344  federal and state laws regarding education records, medical
  345  records, data privacy, and incident reporting requirements,
  346  particularly with respect to behavioral threat assessment and
  347  emergency planning and response procedures. The office shall
  348  develop training modules in traditional or online formats. A
  349  school safety specialist certificate of completion shall be
  350  awarded to a school safety specialist who satisfactorily
  351  completes the training required by rules of the office.
  352         (6) Coordinate with the Department of Law Enforcement to
  353  provide a centralized integrated data repository, known as the
  354  Florida Schools Safety Portal, and data analytics resources to
  355  improve access to timely, complete, and accurate information
  356  integrating data from, at a minimum, but not limited to, the
  357  following data sources by August 1, 2019:
  358         (a) Social media Internet posts;
  359         (b) Department of Children and Families;
  360         (c) Department of Law Enforcement;
  361         (d) Department of Juvenile Justice;
  362         (e) Mobile suspicious activity reporting tool known as
  363  FortifyFL;
  364         (f) School environmental safety incident reports collected
  365  under subsection (8); and
  366         (g) Local law enforcement.
  367  
  368  Data that is exempt or confidential and exempt from public
  369  records requirements retains its exempt or confidential and
  370  exempt status when incorporated into the centralized integrated
  371  data repository. To maintain the confidentiality requirements
  372  attached to the information provided to the centralized
  373  integrated data repository by the various state and local
  374  agencies, data governance and security shall ensure compliance
  375  with all applicable state and federal data privacy requirements
  376  through the use of user authorization and role-based security,
  377  data anonymization and aggregation and auditing capabilities. To
  378  maintain the confidentiality requirements attached to the
  379  information provided to the centralized integrated data
  380  repository by the various state and local agencies, each source
  381  agency providing data to the repository shall be the sole
  382  custodian of the data for the purpose of any request for
  383  inspection or copies thereof under chapter 119. The department
  384  shall only allow access to data from the source agencies in
  385  accordance with rules adopted by the respective source agencies
  386  and the requirements of the Federal Bureau of Investigation
  387  Criminal Justice Information Services security policy, where
  388  applicable.
  389         (7) Provide data to support the evaluation of mental health
  390  services pursuant to s. 1004.44.
  391         (8) Oversee, facilitate, and coordinate district and school
  392  compliance with school safety incident reporting requirements in
  393  accordance with rules adopted by the state board enacting the
  394  school safety incident reporting requirements of this
  395  subsection, s. 1006.07(9), and other statutory safety incident
  396  reporting requirements. The office shall:
  397         (a)Provide technical assistance to school districts and
  398  charter school governing boards and administrators for school
  399  environmental safety incident reporting as required under s.
  400  1006.07(9).
  401         (b)The office shall Collect data through school
  402  environmental safety incident reports on incidents involving any
  403  person which occur on school premises, on school transportation,
  404  and at off-campus, school-sponsored events.
  405         (c)Review and evaluate safety incident reports of each The
  406  office shall review and evaluate school district and charter
  407  school and other entities, as may be required by law, reports to
  408  ensure compliance with reporting requirements. The office shall
  409  timely notify the commissioner of all incidents of material
  410  noncompliance for purposes of invoking the commissioner’s
  411  responsibilities provided under s. 1001.11(9). Upon notification
  412  by the commissioner department that a superintendent or charter
  413  school administrator has, based on clear and convincing
  414  evidence, failed to comply with the requirements of s.
  415  1006.07(9), the district school board or charter school
  416  governing board, as applicable, shall withhold further payment
  417  of his or her salary as authorized under s. 1001.42(13)(b) and
  418  impose other appropriate sanctions that the commissioner or
  419  state board by law may impose, pending demonstration of full
  420  compliance.
  421         (14)Maintain a current directory of public and private
  422  school-based diversion programs and cooperate with each judicial
  423  circuit and the Department of Juvenile Justice to facilitate
  424  their efforts to monitor and enforce each governing body’s
  425  compliance with s. 985.12.
  426         (15)Develop, in coordination with the Division of
  427  Emergency Management, other federal, state, and local law
  428  enforcement agencies, fire and rescue agencies, and first
  429  responder agencies, a model emergency event family reunification
  430  plan for use by child care facilities, public K-12 schools, and
  431  public postsecondary institutions that are closed or
  432  unexpectedly evacuated due to natural or manmade disasters or
  433  emergencies.
  434         Section 7. Paragraph (b) of subsection (16) of section
  435  1002.33, Florida Statutes, is amended to read:
  436         1002.33 Charter schools.—
  437         (16) EXEMPTION FROM STATUTES.—
  438         (b) Additionally, a charter school shall demonstrate and
  439  certify in its contract, and if necessary through addendum to
  440  its contract, the charter school’s be in compliance with the
  441  following statutes:
  442         1. Section 286.011, relating to public meetings and
  443  records, public inspection, and criminal and civil penalties.
  444         2. Chapter 119, relating to public records.
  445         3. Section 1003.03, relating to the maximum class size,
  446  except that the calculation for compliance pursuant to s.
  447  1003.03 shall be the average at the school level.
  448         4. Section 1012.22(1)(c), relating to compensation and
  449  salary schedules.
  450         5. Section 1012.33(5), relating to workforce reductions.
  451         6. Section 1012.335, relating to contracts with
  452  instructional personnel hired on or after July 1, 2011.
  453         7. Section 1012.34, relating to the substantive
  454  requirements for performance evaluations for instructional
  455  personnel and school administrators.
  456         8. Section 1006.12, relating to safe-school officers.
  457         9. Section 1006.07(7), relating to threat assessment teams.
  458         10. Section 1006.07(9), relating to school Environmental
  459  safety incident reporting.
  460         11. Section 1006.1493, relating to the Florida Safe Schools
  461  Assessment Tool.
  462         12. Section 1006.07(6)(c), relating to adopting an active
  463  assailant response plan.
  464         13. Section 943.082(4)(b), relating to the mobile
  465  suspicious activity reporting tool.
  466         14. Section 1012.584, relating to youth mental health
  467  awareness and assistance training.
  468         15.Section 1006.07(4), relating to emergency drills and
  469  emergency procedures.
  470         Section 8. Paragraph (d) is added to subsection (2) of
  471  section 1003.5716, Florida Statutes, to read:
  472         1003.5716 Transition to postsecondary education and career
  473  opportunities.—All students with disabilities who are 3 years of
  474  age to 21 years of age have the right to a free, appropriate
  475  public education. As used in this section, the term “IEP” means
  476  individual education plan.
  477         (2) Beginning not later than the first IEP to be in effect
  478  when the student attains the age of 16, or younger if determined
  479  appropriate by the parent and the IEP team, the IEP must include
  480  the following statements that must be updated annually:
  481         (d)A statement of post-high school performance
  482  expectations which includes a proposed transition plan that
  483  facilitates continuity of care and coordination of any
  484  behavioral health services needed to assist the student in
  485  reaching those expectations. The statement must also specify
  486  parent, student, and agency roles and responsibilities
  487  pertaining to the provision and funding of specified transition
  488  services, as applicable.
  489         Section 9. Subsection (5) is added to section 1004.44,
  490  Florida Statutes, to read:
  491         1004.44 Louis de la Parte Florida Mental Health Institute.
  492  There is established the Louis de la Parte Florida Mental Health
  493  Institute within the University of South Florida.
  494         (5)In consultation with the Department of Children and
  495  Families, the Department of Juvenile Justice, and the Department
  496  of Education, the institute shall convene a workgroup of
  497  practitioners and experts to review, evaluate, and provide
  498  implementation guidance on the mental health-related findings
  499  and recommendations of the Marjory Stoneman Douglas High School
  500  Public Safety Commission, as approved in reports submitted
  501  pursuant to s. 943.687. The workgroup shall analyze, evaluate,
  502  and identify regulatory or legislative actions necessary to
  503  facilitate implementation of each recommendation. By August 1,
  504  2020, the institute shall submit to the Governor, the President
  505  of the Senate, and the Speaker of the House of Representatives
  506  an initial summary report of activities, specific policy and
  507  budget recommendations, including draft legislation and
  508  associated fiscal impact statements, and other information and
  509  policy or administrative recommendations to improve the state’s
  510  mental health system of care. The institute must continue to
  511  monitor commission activities and coordinate with agency
  512  partners to advise them on implementation activities, and may
  513  submit subsequent reports and recommendations on an annual basis
  514  or as requested. This subsection shall expire July 1, 2024.
  515         Section 10. Paragraph (a) of subsection (4), paragraph (a)
  516  of subsection (6), paragraph (a) of subsection (7), and
  517  subsection (9) of section 1006.07, Florida Statutes, are
  518  amended, and paragraph (n) of subsection (2), paragraph (d) of
  519  subsection (4), and subsection (10) are added to that section,
  520  to read:
  521         1006.07 District school board duties relating to student
  522  discipline and school safety.—The district school board shall
  523  provide for the proper accounting for all students, for the
  524  attendance and control of students at school, and for proper
  525  attention to health, safety, and other matters relating to the
  526  welfare of students, including:
  527         (2) CODE OF STUDENT CONDUCT.—Adopt a code of student
  528  conduct for elementary schools and a code of student conduct for
  529  middle and high schools and distribute the appropriate code to
  530  all teachers, school personnel, students, and parents, at the
  531  beginning of every school year. Each code shall be organized and
  532  written in language that is understandable to students and
  533  parents and shall be discussed at the beginning of every school
  534  year in student classes, school advisory council meetings, and
  535  parent and teacher association or organization meetings. Each
  536  code shall be based on the rules governing student conduct and
  537  discipline adopted by the district school board and shall be
  538  made available in the student handbook or similar publication.
  539  Each code shall include, but is not limited to:
  540         (n)Criteria for assigning a student to a civil citation or
  541  similar prearrest diversion program that is an alternative to
  542  expulsion or referral to law enforcement agencies. All civil
  543  citation or similar prearrest diversion programs must comply
  544  with s. 985.12.
  545         (4) EMERGENCY DRILLS; EMERGENCY PROCEDURES.—
  546         (a) Formulate and prescribe policies and procedures, in
  547  consultation with the appropriate public safety agencies, for
  548  emergency drills and for actual emergencies, including, but not
  549  limited to, fires, natural disasters, active shooter and hostage
  550  situations, and bomb threats, for all students and faculty at
  551  all public schools of the district composed comprised of grades
  552  K-12, pursuant to state board rule. Drills for active shooter
  553  and hostage situations shall be conducted in accordance with
  554  developmentally appropriate and age-appropriate procedures, as
  555  specified in state board rules at least as often as other
  556  emergency drills. Law enforcement officers responsible for
  557  responding to the school in the event of an active assailant
  558  emergency, as determined necessary by the sheriff in
  559  coordination with the district’s school safety specialist, must
  560  be physically present on campus and directly involved in the
  561  execution of active assailant emergency drills. District school
  562  board policies shall include commonly used alarm system
  563  responses for specific types of emergencies and verification by
  564  each school that drills have been provided as required by law,
  565  state board rule, and fire protection codes. The emergency
  566  response policy shall identify the individuals responsible for
  567  contacting the primary emergency response agency and the
  568  emergency response agency that is responsible for notifying the
  569  school district for each type of emergency. The state board
  570  shall refer to recommendations provided in reports published
  571  pursuant to s. 943.687 for guidance and, by August 1, 2020,
  572  consult with state and local constituencies to adopt rules
  573  applicable to the requirements of this subsection which, at a
  574  minimum, define “emergency drill,” “active threat,” and “after
  575  action report,” and must establish minimum emergency drill
  576  policies and procedures related to the timing, frequency,
  577  participation, training, notification, accommodations, and
  578  responses to threat situations by incident type, school level,
  579  school type, and student and school characteristics. Such rules
  580  must require all types of emergency drills to be conducted no
  581  less frequently than on an annual school year basis.
  582         (d)Consistent with subsection (10), as a component of
  583  emergency procedures, each district school board and charter
  584  school governing board must adopt, in coordination with local
  585  law enforcement agencies, an emergency event family
  586  reunification plan to reunite students and employees with their
  587  families in the event of a mass casualty or other emergency
  588  event situation.
  589         (6) SAFETY AND SECURITY BEST PRACTICES.—Each district
  590  school superintendent shall establish policies and procedures
  591  for the prevention of violence on school grounds, including the
  592  assessment of and intervention with individuals whose behavior
  593  poses a threat to the safety of the school community.
  594         (a) Each district school superintendent shall designate a
  595  school safety specialist for the district. The school safety
  596  specialist must be a school administrator employed by the school
  597  district or a law enforcement officer employed by the sheriff’s
  598  office located in the school district. Any school safety
  599  specialist designated from the sheriff’s office must first be
  600  authorized and approved by the sheriff employing the law
  601  enforcement officer. Any school safety specialist designated
  602  from the sheriff’s office remains the employee of the office for
  603  purposes of compensation, insurance, workers’ compensation, and
  604  other benefits authorized by law for a law enforcement officer
  605  employed by the sheriff’s office. The sheriff and the school
  606  superintendent may determine by agreement the reimbursement for
  607  such costs, or may share the costs, associated with employment
  608  of the law enforcement officer as a school safety specialist.
  609  The school safety specialist must earn a certificate of
  610  completion of the school safety specialist training provided by
  611  the Office of Safe Schools within 1 year after appointment and
  612  is responsible for the supervision and oversight for all school
  613  safety and security personnel, policies, and procedures in the
  614  school district. The school safety specialist shall:
  615         1. Review school district policies and procedures for
  616  compliance with state law and rules, including the district’s
  617  timely and accurate submission of school environmental safety
  618  incident reports to the department pursuant to s. 1001.212(8).
  619         2. Provide the necessary training and resources to students
  620  and school district staff in matters relating to youth mental
  621  health awareness and assistance; emergency procedures, including
  622  active shooter training; and school safety and security.
  623         3. Serve as the school district liaison with local public
  624  safety agencies and national, state, and community agencies and
  625  organizations in matters of school safety and security.
  626         4. In collaboration with the appropriate public safety
  627  agencies, as that term is defined in s. 365.171, by October 1 of
  628  each year, conduct a school security risk assessment at each
  629  public school using the Florida Safe Schools Assessment Tool
  630  developed by the Office of Safe Schools pursuant to s.
  631  1006.1493. Based on the assessment findings, the district’s
  632  school safety specialist shall provide recommendations to the
  633  district school superintendent and the district school board
  634  which identify strategies and activities that the district
  635  school board should implement in order to address the findings
  636  and improve school safety and security. Each district school
  637  board must receive such findings and the school safety
  638  specialist’s recommendations at a publicly noticed district
  639  school board meeting to provide the public an opportunity to
  640  hear the district school board members discuss and take action
  641  on the findings and recommendations. Each school safety
  642  specialist shall report such findings and school board action to
  643  the Office of Safe Schools within 30 days after the district
  644  school board meeting.
  645         (7) THREAT ASSESSMENT TEAMS.—Each district school board
  646  shall adopt policies for the establishment of threat assessment
  647  teams at each school whose duties include the coordination of
  648  resources and assessment and intervention with individuals whose
  649  behavior may pose a threat to the safety of school staff or
  650  students consistent with the model policies developed by the
  651  Office of Safe Schools. Such policies must include procedures
  652  for referrals to mental health services identified by the school
  653  district pursuant to s. 1012.584(4), when appropriate, and
  654  procedures for behavioral threat assessments in compliance with
  655  the instrument developed pursuant to s. 1001.212(12).
  656         (a) A threat assessment team shall include a sworn law
  657  enforcement officer who has undergone threat assessment training
  658  identified by the Office of Safe Schools pursuant to s.
  659  1001.212, and persons with expertise in counseling, instruction,
  660  and school administration, and law enforcement. All required
  661  members of the threat assessment team must be involved in the
  662  threat assessment process, from start to finish, including the
  663  determination of the final disposition decision. The threat
  664  assessment teams shall identify members of the school community
  665  to whom threatening behavior should be reported and provide
  666  guidance to students, faculty, and staff regarding recognition
  667  of threatening or aberrant behavior that may represent a threat
  668  to the community, school, or self. Upon the availability of the
  669  behavioral threat assessment instrument developed pursuant to s.
  670  1001.212(12), the threat assessment team shall use that
  671  instrument.
  672         (9) SCHOOL ENVIRONMENTAL SAFETY INCIDENT REPORTING.—Each
  673  district school board shall adopt policies to ensure the
  674  accurate and timely reporting of incidents related to school
  675  safety and discipline. For purposes of s. 1001.212(8) and this
  676  subsection, incidents related to school safety and discipline
  677  include incidents reported pursuant to ss. 1006.09, 1006.13,
  678  1006.135, 1006.147, and 1006.148. The district school
  679  superintendent is responsible for school environmental safety
  680  incident reporting. A district school superintendent who fails
  681  to comply with this subsection is subject to the penalties
  682  specified in law, including, but not limited to, s.
  683  1001.42(13)(b) or s. 1001.51(12)(b), as applicable. The State
  684  Board of Education shall adopt rules establishing the
  685  requirements for the school environmental safety incident
  686  reporting report.
  687         (10)EMERGENCY EVENT FAMILY REUNIFICATION POLICIES AND
  688  PLANS.—By August 1, 2021, each district school board shall adopt
  689  a school district emergency event family reunification policy
  690  establishing elements and requirements for a school district
  691  emergency event family reunification plan and individual school
  692  based emergency event family reunification plans for the purpose
  693  of reuniting students and employees with their families in the
  694  event of a mass casualty or other emergency event situation.
  695         (a)School district policies and plans must be coordinated
  696  with the county sheriff and local law enforcement. School-based
  697  plans must be consistent with school board policy and the school
  698  district plan. The school board is encouraged to apply model
  699  mass casualty death notification and reunification policies and
  700  practices referenced in reports published pursuant to s. 943.687
  701  and as developed by the Office of Safe Schools.
  702         (b)Minimally, plans must identify potential reunification
  703  sites and ensure a unified command at each site, identify
  704  equipment needs, provide multiple methods of communication with
  705  family members of students and staff, address training for
  706  employees, and provide multiple methods to aid law enforcement
  707  in identification of students and staff, including written
  708  backup documents.
  709         Section 11. Subsection (6) of section 1006.09, Florida
  710  Statutes, is amended to read:
  711         1006.09 Duties of school principal relating to student
  712  discipline and school safety.—
  713         (6) Each school principal must ensure that standardized
  714  forms prescribed by rule of the State Board of Education are
  715  used to report data concerning school safety and discipline to
  716  the department through the School Environmental Safety Incident
  717  Reporting (SESIR) System. The school principal must develop a
  718  plan to verify the accuracy of reported incidents.
  719         Section 12. Section 1006.12, Florida Statutes, is amended
  720  to read:
  721         1006.12 Safe-school officers at each public school.—For the
  722  protection and safety of school personnel, property, students,
  723  and visitors, each district school board and district school
  724  superintendent school district superintendent shall partner with
  725  law enforcement agencies or security agencies to establish or
  726  assign one or more safe-school officers at each school facility
  727  within the district, including charter schools. A district
  728  school board must collaborate with charter school governing
  729  boards to facilitate charter school access to all safe-school
  730  officer options available under this section. The school
  731  district may implement one or more any combination of the
  732  options specified in subsections (1)-(4) to best meet the needs
  733  of the school district and charter schools.
  734         (1) SWORN LAW ENFORCEMENT SCHOOL RESOURCE OFFICER.—A school
  735  district may establish school resource officer programs through
  736  a cooperative agreement with law enforcement agencies.
  737         (a) Sworn law enforcement school resource officers shall
  738  undergo criminal background checks, drug testing, and a
  739  psychological evaluation and be certified law enforcement
  740  officers, as defined in s. 943.10(1), who are employed by a law
  741  enforcement agency as defined in s. 943.10(4). The powers and
  742  duties of a law enforcement officer shall continue throughout
  743  the employee’s tenure as a sworn law enforcement school resource
  744  officer.
  745         (b) Sworn law enforcement school resource officers shall
  746  abide by district school board policies and shall consult with
  747  and coordinate activities through the school principal, but
  748  shall be responsible to the law enforcement agency in all
  749  matters relating to employment, subject to agreements between a
  750  district school board and a law enforcement agency. Activities
  751  conducted by the sworn law enforcement school resource officer
  752  which are part of the regular instructional program of the
  753  school shall be under the direction of the school principal.
  754         (c) Sworn law enforcement school resource officers shall
  755  complete mental health crisis intervention training using a
  756  curriculum developed by a national organization with expertise
  757  in mental health crisis intervention. The training shall improve
  758  officers’ knowledge and skills as first responders to incidents
  759  involving students with emotional disturbance or mental illness,
  760  including de-escalation skills to ensure student and officer
  761  safety.
  762         (2) SWORN LAW ENFORCEMENT SCHOOL SAFETY OFFICER.—A school
  763  district may commission one or more sworn law enforcement school
  764  safety officers for the protection and safety of school
  765  personnel, property, and students within the school district.
  766  The district school superintendent may recommend, and the
  767  district school board may appoint, one or more sworn law
  768  enforcement school safety officers.
  769         (a) Sworn law enforcement school safety officers shall
  770  undergo criminal background checks, drug testing, and a
  771  psychological evaluation and be law enforcement officers, as
  772  defined in s. 943.10(1), certified under the provisions of
  773  chapter 943 and employed by either a law enforcement agency or
  774  by the district school board. If the officer is employed by the
  775  district school board, the district school board is the
  776  employing agency for purposes of chapter 943, and must comply
  777  with the provisions of that chapter.
  778         (b) A sworn law enforcement school safety officer has and
  779  shall exercise the power to make arrests for violations of law
  780  on district school board property or on property owned or leased
  781  by a charter school under the charter contract, as applicable,
  782  and to arrest persons, whether on or off such property, who
  783  violate any law on such property under the same conditions that
  784  deputy sheriffs are authorized to make arrests. A sworn law
  785  enforcement school safety officer has the authority to carry
  786  weapons when performing his or her official duties.
  787         (c) A district school board may enter into mutual aid
  788  agreements with one or more law enforcement agencies as provided
  789  in chapter 23. A sworn law enforcement school safety officer’s
  790  salary may be paid jointly by the district school board and the
  791  law enforcement agency, as mutually agreed to.
  792         (d) Sworn law enforcement school safety officers shall
  793  complete mental health crisis intervention training using a
  794  curriculum developed by a national organization with expertise
  795  in mental health crisis intervention. The training must improve
  796  officers’ knowledge and skills as first responders to incidents
  797  involving students with emotional disturbance or mental illness,
  798  including de-escalation skills to ensure student and officer
  799  safety.
  800         (3) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL GUARDIAN.—At the
  801  school district’s or the charter school governing board’s
  802  discretion, as applicable, pursuant to s. 30.15, a school
  803  district or charter school governing board may participate in
  804  the Coach Aaron Feis Guardian Program to meet the requirement of
  805  establishing a safe-school officer. The following individuals
  806  may serve as a Feis guardian program certified school guardian,
  807  in support of school-sanctioned activities for purposes of s.
  808  790.115, upon satisfactory completion of the requirements under
  809  s. 30.15(1)(k) and certification by a sheriff:
  810         (a) A school district employee or personnel, as defined
  811  under s. 1012.01, or a charter school employee, as provided
  812  under s. 1002.33(12)(a), who volunteers to serve as a Feis
  813  guardian program certified school guardian in addition to his or
  814  her official job duties; or
  815         (b) An employee of a school district or a charter school
  816  who is hired for the specific purpose of serving as a Feis
  817  guardian program certified school guardian.
  818         (4) FEIS GUARDIAN PROGRAM CERTIFIED SCHOOL SECURITY GUARD.
  819  A school district or charter school governing board may contract
  820  with a security agency as defined in s. 493.6101(18) to employ
  821  as a Feis guardian program certified school security guard an
  822  individual who holds a Class “D” and Class “G” license pursuant
  823  to chapter 493, provided the following training and contractual
  824  conditions are met:
  825         (a) An individual who serves as a Feis guardian program
  826  certified school security guard, for purposes of satisfying the
  827  requirements of this section, must:
  828         1. Demonstrate satisfactory completion of 144 hours of all
  829  training program requirements of the Coach Aaron Feis Guardian
  830  Program, as provided and certified by a county sheriff, required
  831  training pursuant to s. 30.15(1)(k)2.
  832         2. Submit to and pass a psychological evaluation
  833  administered by a licensed professional psychologist licensed
  834  under chapter 490 and designated by the Department of Law
  835  Enforcement and submit the results of the evaluation to the
  836  sheriff’s office, school district, or charter school governing
  837  board, as applicable. The sheriff’s office must review and
  838  approve the results of each applicant’s psychological evaluation
  839  before accepting the applicant into the Feis guardian program.
  840  The Department of Law Enforcement is authorized to provide the
  841  sheriff’s office, school district, or charter school governing
  842  board with mental health and substance abuse data for compliance
  843  with this paragraph.
  844         3. Submit to and pass an initial drug test and subsequent
  845  random drug tests in accordance with the requirements of s.
  846  112.0455 and the sheriff’s office, school district, or charter
  847  school governing board, as applicable. The sheriff’s office must
  848  review and approve the results of each applicant’s drug tests
  849  before accepting the applicant into the Feis guardian program.
  850         4. Successfully complete ongoing training, weapon
  851  inspection, and firearm qualification on at least an annual
  852  basis, as required by the sheriff’s office and provide
  853  documentation to the sheriff’s office, school district, or
  854  charter school governing board, as applicable.
  855         (b) The contract between a security agency and a school
  856  district or a charter school governing board regarding
  857  requirements applicable to Feis guardian program certified
  858  school security guards serving in the capacity of a safe-school
  859  officer for purposes of satisfying the requirements of this
  860  section shall define the county sheriff or sheriffs entity or
  861  entities responsible for Feis guardian program training and the
  862  responsibilities for maintaining records relating to training,
  863  inspection, and firearm qualification; and define conditions,
  864  requirements, costs, and responsibilities necessary to satisfy
  865  the background screening requirements of paragraph (d).
  866         (c) Feis guardian program certified school security guards
  867  serving in the capacity of a safe-school officer pursuant to
  868  this subsection are in support of school-sanctioned activities
  869  for purposes of s. 790.115, and must aid in the prevention or
  870  abatement of active assailant incidents on school premises.
  871         (d)A Feis guardian program certified school security guard
  872  serving in the capacity of a safe-school officer pursuant to
  873  this subsection is considered to be a “noninstructional
  874  contractor” subject to the background screening requirements of
  875  ss. 1012.465 and 1012.467, as they apply to each applicable
  876  school district or charter school, and these requirements must
  877  be satisfied before the Feis guardian program certified school
  878  security guard is given access to school grounds.
  879         (5) NOTIFICATION.—The school district superintendent or
  880  charter school administrator shall notify the county sheriff and
  881  the Office of Safe Schools immediately after, but no later than
  882  72 hours after:
  883         (a) A safe-school officer is dismissed for misconduct or is
  884  otherwise disciplined.
  885         (b) A safe-school officer discharges his or her firearm in
  886  the exercise of the safe-school officer’s duties, other than for
  887  training purposes.
  888         (6) EXEMPTION.—Any information that would identify whether
  889  a particular individual has been appointed as a safe-school
  890  officer pursuant to this section held by a law enforcement
  891  agency, school district, or charter school is exempt from s.
  892  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  893  subsection is subject to the Open Government Sunset Review Act
  894  in accordance with s. 119.15 and shall stand repealed on October
  895  2, 2023, unless reviewed and saved from repeal through
  896  reenactment by the Legislature.
  897  
  898  If a district school board, through its adopted policies,
  899  procedures, or actions, denies a charter school access to any
  900  safe-school officer options pursuant to this section, the school
  901  district must assign a sworn law enforcement school resource
  902  officer or sworn law enforcement school safety officer to the
  903  charter school. Under such circumstances, the charter school’s
  904  share of the costs of the sworn law enforcement school resource
  905  officer or sworn law enforcement school safety officer may not
  906  exceed the safe school allocation funds provided to the charter
  907  school pursuant to s. 1011.62(15) and shall be retained by the
  908  school district.
  909         Section 13. Subsection (3) of section 1006.13, Florida
  910  Statutes, is amended to read:
  911         1006.13 Policy of zero tolerance for crime and
  912  victimization.—
  913         (3) Zero-tolerance policies must require students found to
  914  have committed one of the following offenses to be expelled,
  915  with or without continuing educational services, from the
  916  student’s regular school for a period of not less than 1 full
  917  year, and to be referred to the criminal justice or juvenile
  918  justice system.
  919         (a) Bringing a firearm or weapon, as defined in chapter
  920  790, to school, to any school function, or onto any school
  921  sponsored transportation or possessing a firearm at school.
  922         (b) Making a threat or false report, as defined by ss.
  923  790.162 and 790.163, respectively, involving school or school
  924  personnel’s property, school transportation, or a school
  925  sponsored activity.
  926  
  927  District school boards may assign the student to a school-based
  928  diversion program pursuant to s. 985.12 disciplinary program for
  929  the purpose of continuing educational services during the period
  930  of expulsion. District school superintendents may consider the
  931  1-year expulsion requirement on a case-by-case basis and request
  932  the district school board to modify the requirement by assigning
  933  the student to a school-based diversion program pursuant to s.
  934  985.12 disciplinary program or second chance school if the
  935  request for modification is in writing and it is determined to
  936  be in the best interest of the student and the school system. If
  937  a student committing any of the offenses in this subsection is a
  938  student who has a disability, the district school board shall
  939  comply with applicable State Board of Education rules.
  940         Section 14. Paragraph (a) of subsection (2) of section
  941  1006.1493, Florida Statutes, is amended to read:
  942         1006.1493 Florida Safe Schools Assessment Tool.—
  943         (2) The FSSAT must help school officials identify threats,
  944  vulnerabilities, and appropriate safety controls for the schools
  945  that they supervise, pursuant to the security risk assessment
  946  requirements of s. 1006.07(6).
  947         (a) At a minimum, the FSSAT must address all of the
  948  following components:
  949         1. School emergency and crisis preparedness planning;
  950         2. Security, crime, and violence prevention policies and
  951  procedures;
  952         3. Physical security measures;
  953         4. Professional development training needs;
  954         5. An examination of support service roles in school
  955  safety, security, and emergency planning;
  956         6. School security and school police staffing, operational
  957  practices, and related services;
  958         7. School and community collaboration on school safety; and
  959         8. A return on investment analysis of the recommended
  960  physical security controls.
  961         9. Policies and procedures to prepare for and respond to
  962  natural or manmade disasters or emergencies, including plans to
  963  reunite students and employees with families after a school is
  964  closed or unexpectedly evacuated due to such disasters or
  965  emergencies.
  966         Section 15. Effective July 1, 2020, subsection (16) of
  967  section 1011.62, Florida Statutes, is amended to read:
  968         1011.62 Funds for operation of schools.—If the annual
  969  allocation from the Florida Education Finance Program to each
  970  district for operation of schools is not determined in the
  971  annual appropriations act or the substantive bill implementing
  972  the annual appropriations act, it shall be determined as
  973  follows:
  974         (16) MENTAL HEALTH ASSISTANCE ALLOCATION.—The mental health
  975  assistance allocation is created to provide funding to assist
  976  school districts in establishing or expanding school-based
  977  mental health care; train educators and other school staff in
  978  detecting and responding to mental health issues; and connect
  979  children, youth, and families who may experience behavioral
  980  health issues with appropriate services. These funds shall be
  981  allocated annually in the General Appropriations Act or other
  982  law to each eligible school district. Each school district shall
  983  receive a minimum of $100,000, with the remaining balance
  984  allocated based on each school district’s proportionate share of
  985  the state’s total unweighted full-time equivalent student
  986  enrollment. Charter schools that submit a plan separate from the
  987  school district are entitled to a proportionate share of
  988  district funding. The allocated funds may not supplant funds
  989  that are provided for this purpose from other operating funds
  990  and may not be used to increase salaries or provide bonuses.
  991  School districts are encouraged to maximize third-party health
  992  insurance benefits and Medicaid claiming for services, where
  993  appropriate.
  994         (a) Before the distribution of the allocation:
  995         1. The school district shall must develop and submit a
  996  detailed plan outlining the local program and planned
  997  expenditures to the district school board for approval. The This
  998  plan, which must include input from school and community
  999  stakeholders, applies to all district schools, including charter
 1000  schools, unless a charter school elects to submit a plan
 1001  independently from the school district pursuant to subparagraph
 1002  2.
 1003         2. A charter school may develop and submit a detailed plan
 1004  outlining the local program and planned expenditures to its
 1005  governing body for approval. After the plan is approved by the
 1006  governing body, it must be provided to the charter school’s
 1007  sponsor.
 1008         (b) The plans required under paragraph (a) must be focused
 1009  on a multitiered system of supports to deliver evidence-based
 1010  mental health care assessment, diagnosis, intervention,
 1011  treatment, and recovery services to students with one or more
 1012  mental health or co-occurring substance abuse diagnoses and to
 1013  students at high risk of such diagnoses. The provision of these
 1014  services must be coordinated with a student’s primary mental
 1015  health care provider and with other mental health providers
 1016  involved in the student’s care. At a minimum, the plans must
 1017  include the following elements:
 1018         1. Direct employment of school-based mental health services
 1019  providers to expand and enhance school-based student services
 1020  and to reduce the ratio of students to staff in order to better
 1021  align with nationally recommended ratio models. These providers
 1022  include, but are not limited to, certified school counselors,
 1023  school psychologists, school social workers, and other licensed
 1024  mental health professionals. The plan also must establish
 1025  identify strategies to increase the amount of time that school
 1026  based student services personnel spend providing direct services
 1027  to students, which may include the review and revision of
 1028  district staffing resource allocations based on school or
 1029  student mental health assistance needs.
 1030         2. Contracts or interagency agreements with one or more
 1031  local community behavioral health providers or providers of
 1032  Community Action Team services to provide a behavioral health
 1033  staff presence and services at district schools. Services may
 1034  include, but are not limited to, mental health screenings and
 1035  assessments, individual counseling, family counseling, group
 1036  counseling, psychiatric or psychological services, trauma
 1037  informed care, mobile crisis services, and behavior
 1038  modification. These behavioral health services may be provided
 1039  on or off the school campus and may be supplemented by
 1040  telehealth.
 1041         3. Policies and procedures, including contracts with
 1042  service providers, which will ensure that students who are
 1043  referred to a school-based or community-based mental health
 1044  service provider for mental health screening for the
 1045  identification of mental health concerns and ensure that the
 1046  assessment of students at risk for mental health disorders
 1047  occurs within 15 days of referral. School-based mental health
 1048  services must be initiated within 15 days after identification
 1049  and assessment, and support by community-based mental health
 1050  service providers for students who are referred for community
 1051  based mental health services must be initiated within 30 days
 1052  after the school or district makes a referral.
 1053         4. Mental health policies and procedures that implement and
 1054  support all of the following elements:
 1055         a.Universal supports to promote psychological well-being
 1056  and safe and supportive environments.
 1057         b.Evidence-based strategies or programs to reduce the
 1058  likelihood of at-risk students developing social, emotional, or
 1059  behavioral health problems, depression, anxiety disorders,
 1060  suicidal tendencies, or substance use disorders.
 1061         c.5. Strategies to improve the early identification of
 1062  social, emotional, or behavioral problems or substance use
 1063  disorders; provide , to improve the provision of early
 1064  intervention services;, and to assist students in dealing with
 1065  trauma and violence.
 1066         d.Methods for responding to a student with suicidal
 1067  ideation, including training in suicide risk assessment and the
 1068  use of suicide awareness, prevention, and screening instruments
 1069  developed under s. 1012.583; adoption of guidelines for
 1070  informing parents of suicide risk; and implementation of board
 1071  policies for initiating involuntary examination of students at
 1072  risk of suicide.
 1073         e.A school crisis response plan that includes strategies
 1074  for the prevention of, preparation for, response to, and
 1075  recovery from a range of school crises. The plan must establish
 1076  or coordinate the implementation of district-level and school
 1077  level crisis response teams whose membership includes, but is
 1078  not limited to, representatives of school administration and
 1079  school-based mental health service providers.
 1080         (c) School districts shall submit approved plans, including
 1081  approved plans of each charter school in the district, to the
 1082  commissioner by August 1 of each fiscal year.
 1083         (d) By September 30 of each year Beginning September 30,
 1084  2019, and annually by September 30 thereafter, each school
 1085  district shall submit its district report to the department. By
 1086  November 1 of each year, the department shall submit a state
 1087  summary report to the Governor, the President of the Senate, and
 1088  the Speaker of the House of Representatives on Department of
 1089  Education a report on its program outcomes and expenditures for
 1090  the previous fiscal year. The school district report must
 1091  include program outcomes and expenditures for all public schools
 1092  in the district, including charter schools that submitted a
 1093  separate plan. At a minimum, the district and state reports also
 1094  must that, at a minimum, must include school district-level and
 1095  school-level, including charter schools, information, including
 1096  multiple-year trend data, when available, for each of the number
 1097  of each of the following indicators:
 1098         1. The number of students who receive screenings or
 1099  assessments.
 1100         2. The number of students who are referred to either
 1101  school-based or community-based providers for services or
 1102  assistance.
 1103         3. The number of students who receive either school-based
 1104  or community-based interventions, services, or assistance.
 1105         4. The number of school-based and community-based mental
 1106  health providers, including licensure type, paid for from funds
 1107  provided through the allocation.
 1108         5. The number and ratio to students of school social
 1109  workers, school psychologists, and certified school counselors
 1110  employed by the district or charter school and the total number
 1111  of licensed mental health professionals directly employed by the
 1112  district or charter school.
 1113         6. Contract-based collaborative efforts or partnerships
 1114  with community mental health programs, agencies, or providers.
 1115         Section 16. Except as otherwise expressly provided in this
 1116  act, this act shall take effect upon becoming a law.

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