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A bill to be entitled 1
An act relating to school discipline report cards; 2
amending s. 1001.212, F.S.; requiring the Office of 3
Safe Schools, beginning with a certain school year, to 4
develop and publish on its website school discipline 5
report cards based on data collected through school 6
environmental safety incident reports; specifying 7
requirements for the reports; amending ss. 1001.10, 8
1006.1493, and 1006.07, F.S.; conforming cross -9
references; providing an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Present subsections (9) through (15) of section 14
1001.212, Florida Statutes, are redesignated as subsections (10) 15
through (16), respectivel y, a new subsection (9) is added to 16
that section, and present subsection (13) of that section is 17
amended, to read: 18
1001.212 Office of Safe Schools. —There is created in the 19
Department of Education the Office of Safe Schools. The office 20
is fully accountable to the Commissioner of Education. The 21
office shall serve as a central repository for best practices, 22
training standards, and compliance oversight in all matters 23
regarding school safety and security, including prevention 24
efforts, intervention efforts, and emergency preparedness 25
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planning. The office shall: 26
(9) Beginning with the 2023 -2024 school year, develop and 27
publish on its website school discipline report cards based on 28
data collected through school environmental safety incident 29
reports pursuant to s ubsection (8). The report cards must show 30
data at the school, school district, and state levels and must 31
do all the following: 32
(a) Allow data to be broken down by type of incident or 33
type of discipline imposed. 34
(b) Allow data to be broken down by sex, race, English 35
language learner status, and disability. 36
(c) Allow comparison of a school's demographic data with 37
the demographic data of the school district in which the school 38
is located and the demographic data of this state. 39
(d) Allow comparison of d ata by school, school district, 40
and state levels. 41
(14)(13) Establish the Statewide Threat Assessment 42
Database Workgroup, composed of members appointed by the 43
department, to complement the work of the department and the 44
Department of Law Enforcement assoc iated with the centralized 45
integrated data repository and data analytics resources 46
initiative and make recommendations regarding the development of 47
a statewide threat assessment database. The database must allow 48
authorized public school personnel to enter information related 49
to any threat assessment conducted at their respective schools 50
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using the instrument developed by the office pursuant to 51
subsection (13) (12), and must provide such information to 52
authorized personnel in each school district and public s chool 53
and to appropriate stakeholders. By December 31, 2019, the 54
workgroup shall provide a report to the office with 55
recommendations that include, but need not be limited to: 56
(a) Threat assessment data that should be required to be 57
entered into the datab ase. 58
(b) School district and public school personnel who should 59
be allowed to input student records to the database and view 60
such records. 61
(c) Database design and functionality, to include data 62
security. 63
(d) Restrictions and authorities on information sharing, 64
including: 65
1. Section 1002.22 and other applicable state laws. 66
2. The Family Educational Rights and Privacy Act (FERPA), 67
20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance 68
Portability and Accountability Act (HIPAA), 42 U.S. C. s. 1320d6, 69
45 C.F.R. part 164, subpart E; and other applicable federal 70
laws. 71
3. The appropriateness of interagency agreements that will 72
allow law enforcement to view database records. 73
(e) The cost to develop and maintain a statewide online 74
database. 75
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(f) An implementation plan and timeline for the workgroup 76
recommendations. 77
Section 2. Subsection (9) of section 1001.10, Florida 78
Statutes, is amended to read: 79
1001.10 Commissioner of Education; general powers and 80
duties.— 81
(9) The commissioner sh all review the report of the School 82
Hardening and Harm Mitigation Workgroup regarding hardening and 83
harm mitigation strategies and recommendations submitted by the 84
Office of Safe Schools, pursuant to s. 1001.212(12) s. 85
1001.212(11). By September 1, 2020, t he commissioner shall 86
submit a summary of such recommendations to the Governor, the 87
President of the Senate, and the Speaker of the House of 88
Representatives. 89
Section 3. Subsection (2) of section 1006.1493, Florida 90
Statutes, is amended to read: 91
1006.1493 Florida Safe Schools Assessment Tool. — 92
(2) The FSSAT must help school officials identify threats, 93
vulnerabilities, and appropriate safety controls for the schools 94
that they supervise, pursuant to the security risk assessment 95
requirements of s. 1006.0 7(6). 96
(a) At a minimum, the FSSAT must address all of the 97
following components: 98
1. School emergency and crisis preparedness planning; 99
2. Security, crime, and violence prevention policies and 100
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procedures; 101
3. Physical security measures; 102
4. Professional development training needs; 103
5. An examination of support service roles in school 104
safety, security, and emergency planning; 105
6. School security and school police staffing, operational 106
practices, and related services; 107
7. School and communit y collaboration on school safety; 108
and 109
8. A return on investment analysis of the recommended 110
physical security controls. 111
(b) The department shall require by contract that the 112
security consulting firm: 113
1. Generate written automated reports on assessmen t 114
findings for review by the department and school and district 115
officials; 116
2. Provide training to the department and school officials 117
in the use of the FSSAT and other areas of importance identified 118
by the department; 119
3. Advise in the development and i mplementation of 120
templates, formats, guidance, and other resources necessary to 121
facilitate the implementation of this section at state, 122
district, school, and local levels; and 123
4. Review recommendations of the School Hardening and Harm 124
Mitigation Workgroup established under s. 1001.212(12) s. 125
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1001.212(11) to address physical security measures identified by 126
the FSSAT. 127
Section 4. Subsection (7) of section 1006.07, Florida 128
Statutes, is amended to read: 129
1006.07 District school board duties relating to st udent 130
discipline and school safety. —The district school board shall 131
provide for the proper accounting for all students, for the 132
attendance and control of students at school, and for proper 133
attention to health, safety, and other matters relating to the 134
welfare of students, including: 135
(7) THREAT ASSESSMENT TEAMS. —Each district school board 136
shall adopt policies for the establishment of threat assessment 137
teams at each school whose duties include the coordination of 138
resources and assessment and intervention with individuals whose 139
behavior may pose a threat to the safety of school staff or 140
students consistent with the model policies developed by the 141
Office of Safe Schools. Such policies must include procedures 142
for referrals to mental health services identified by the school 143
district pursuant to s. 1012.584(4), when appropriate, and 144
procedures for behavioral threat assessments in compliance with 145
the instrument developed pursuant to s. 1001.212(13) s. 146
1001.212(12). 147
(a) A threat assessment team shall include persons with 148
expertise in counseli ng, instruction, school administration, and 149
law enforcement. The threat assessment teams shall identify 150
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members of the school community to whom threatening behavior 151
should be reported and provide guidance to students, faculty, 152
and staff regarding recogniti on of threatening or aberrant 153
behavior that may represent a threat to the community, school, 154
or self. Upon the availability of the behavioral threat 155
assessment instrument developed pursuant to s. 1001.212(13) s. 156
1001.212(12), the threat assessment team sha ll use that 157
instrument. 158
(b) Upon a preliminary determination that a student poses 159
a threat of violence or physical harm to himself or herself or 160
others, a threat assessment team shall immediately report its 161
determination to the superintendent or his or h er designee. The 162
superintendent or his or her designee shall immediately attempt 163
to notify the student's parent or legal guardian. Nothing in 164
this subsection shall preclude school district personnel from 165
acting immediately to address an imminent threat. 166
(c) Upon a preliminary determination by the threat 167
assessment team that a student poses a threat of violence to 168
himself or herself or others or exhibits significantly 169
disruptive behavior or need for assistance, authorized members 170
of the threat assessment t eam may obtain criminal history record 171
information pursuant to s. 985.04(1). A member of a threat 172
assessment team may not disclose any criminal history record 173
information obtained pursuant to this section or otherwise use 174
any record of an individual beyond the purpose for which such 175
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disclosure was made to the threat assessment team. 176
(d) Notwithstanding any other provision of law, all state 177
and local agencies and programs that provide services to 178
students experiencing or at risk of an emotional disturbance or 179
a mental illness, including the school districts, school 180
personnel, state and local law enforcement agencies, the 181
Department of Juvenile Justice, the Department of Children and 182
Families, the Department of Health, the Agency for Health Care 183
Administration, the Agency for Persons with Disabilities, the 184
Department of Education, the Statewide Guardian Ad Litem Office, 185
and any service or support provider contracting with such 186
agencies, may share with each other records or information that 187
are confidential or exempt from disclosure under chapter 119 if 188
the records or information are reasonably necessary to ensure 189
access to appropriate services for the student or to ensure the 190
safety of the student or others. All such state and local 191
agencies and programs shall communicate, collaborate, and 192
coordinate efforts to serve such students. 193
(e) If an immediate mental health or substance abuse 194
crisis is suspected, school personnel shall follow policies 195
established by the threat assessment team to engage behavioral 196
health crisis resources. Behavioral health crisis resources, 197
including, but not limited to, mobile crisis teams and school 198
resource officers trained in crisis intervention, shall provide 199
emergency intervention and assessment, make recommendations, and 200
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refer the student for appropriate services. Onsite school 201
personnel shall report all such situations and actions taken to 202
the threat assessment team, which shall contact the other 203
agencies involved with the student and any known service 204
providers to share informat ion and coordinate any necessary 205
followup actions. Upon the student's transfer to a different 206
school, the threat assessment team shall verify that any 207
intervention services provided to the student remain in place 208
until the threat assessment team of the rec eiving school 209
independently determines the need for intervention services. 210
(f) Each threat assessment team established pursuant to 211
this subsection shall report quantitative data on its activities 212
to the Office of Safe Schools in accordance with guidance from 213
the office and shall utilize the threat assessment database 214
developed pursuant to s. 1001.212(14) s. 1001.212(13) upon the 215
availability of the database. 216
Section 5. This act shall take effect July 1, 2022. 217