Florida 2022 Regular Session

Florida House Bill H0753 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 753 2022
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to school discipline report cards; 2
16	16	amending s. 1001.212, F.S.; requiring the Office of 3
17	17	Safe Schools, beginning with a certain school year, to 4
18	18	develop and publish on its website school discipline 5
19	19	report cards based on data collected through school 6
20	20	environmental safety incident reports; specifying 7
21	21	requirements for the reports; amending ss. 1001.10, 8
22	22	1006.1493, and 1006.07, F.S.; conforming cross -9
23	23	references; providing an effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
26	26	13
27	27	Section 1. Present subsections (9) through (15) of section 14
28	28	1001.212, Florida Statutes, are redesignated as subsections (10) 15
29	29	through (16), respectivel y, a new subsection (9) is added to 16
30	30	that section, and present subsection (13) of that section is 17
31	31	amended, to read: 18
32	32	1001.212 Office of Safe Schools. —There is created in the 19
33	33	Department of Education the Office of Safe Schools. The office 20
34	34	is fully accountable to the Commissioner of Education. The 21
35	35	office shall serve as a central repository for best practices, 22
36	36	training standards, and compliance oversight in all matters 23
37	37	regarding school safety and security, including prevention 24
38	38	efforts, intervention efforts, and emergency preparedness 25
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40	40	HB 753 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
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51	51	planning. The office shall: 26
52	52	(9) Beginning with the 2023 -2024 school year, develop and 27
53	53	publish on its website school discipline report cards based on 28
54	54	data collected through school environmental safety incident 29
55	55	reports pursuant to s ubsection (8). The report cards must show 30
56	56	data at the school, school district, and state levels and must 31
57	57	do all the following: 32
58	58	(a) Allow data to be broken down by type of incident or 33
59	59	type of discipline imposed. 34
60	60	(b) Allow data to be broken down by sex, race, English 35
61	61	language learner status, and disability. 36
62	62	(c) Allow comparison of a school's demographic data with 37
63	63	the demographic data of the school district in which the school 38
64	64	is located and the demographic data of this state. 39
65	65	(d) Allow comparison of d ata by school, school district, 40
66	66	and state levels. 41
67	67	(14)(13) Establish the Statewide Threat Assessment 42
68	68	Database Workgroup, composed of members appointed by the 43
69	69	department, to complement the work of the department and the 44
70	70	Department of Law Enforcement assoc iated with the centralized 45
71	71	integrated data repository and data analytics resources 46
72	72	initiative and make recommendations regarding the development of 47
73	73	a statewide threat assessment database. The database must allow 48
74	74	authorized public school personnel to enter information related 49
75	75	to any threat assessment conducted at their respective schools 50
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77	77	HB 753 2022
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	using the instrument developed by the office pursuant to 51
89	89	subsection (13) (12), and must provide such information to 52
90	90	authorized personnel in each school district and public s chool 53
91	91	and to appropriate stakeholders. By December 31, 2019, the 54
92	92	workgroup shall provide a report to the office with 55
93	93	recommendations that include, but need not be limited to: 56
94	94	(a) Threat assessment data that should be required to be 57
95	95	entered into the datab ase. 58
96	96	(b) School district and public school personnel who should 59
97	97	be allowed to input student records to the database and view 60
98	98	such records. 61
99	99	(c) Database design and functionality, to include data 62
100	100	security. 63
101	101	(d) Restrictions and authorities on information sharing, 64
102	102	including: 65
103	103	1. Section 1002.22 and other applicable state laws. 66
104	104	2. The Family Educational Rights and Privacy Act (FERPA), 67
105	105	20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance 68
106	106	Portability and Accountability Act (HIPAA), 42 U.S. C. s. 1320d6, 69
107	107	45 C.F.R. part 164, subpart E; and other applicable federal 70
108	108	laws. 71
109	109	3. The appropriateness of interagency agreements that will 72
110	110	allow law enforcement to view database records. 73
111	111	(e) The cost to develop and maintain a statewide online 74
112	112	database. 75
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125	125	(f) An implementation plan and timeline for the workgroup 76
126	126	recommendations. 77
127	127	Section 2. Subsection (9) of section 1001.10, Florida 78
128	128	Statutes, is amended to read: 79
129	129	1001.10 Commissioner of Education; general powers and 80
130	130	duties.— 81
131	131	(9) The commissioner sh all review the report of the School 82
132	132	Hardening and Harm Mitigation Workgroup regarding hardening and 83
133	133	harm mitigation strategies and recommendations submitted by the 84
134	134	Office of Safe Schools, pursuant to s. 1001.212(12) s. 85
135	135	1001.212(11). By September 1, 2020, t he commissioner shall 86
136	136	submit a summary of such recommendations to the Governor, the 87
137	137	President of the Senate, and the Speaker of the House of 88
138	138	Representatives. 89
139	139	Section 3. Subsection (2) of section 1006.1493, Florida 90
140	140	Statutes, is amended to read: 91
141	141	1006.1493 Florida Safe Schools Assessment Tool. — 92
142	142	(2) The FSSAT must help school officials identify threats, 93
143	143	vulnerabilities, and appropriate safety controls for the schools 94
144	144	that they supervise, pursuant to the security risk assessment 95
145	145	requirements of s. 1006.0 7(6). 96
146	146	(a) At a minimum, the FSSAT must address all of the 97
147	147	following components: 98
148	148	1. School emergency and crisis preparedness planning; 99
149	149	2. Security, crime, and violence prevention policies and 100
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151	151	HB 753 2022
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	procedures; 101
163	163	3. Physical security measures; 102
164	164	4. Professional development training needs; 103
165	165	5. An examination of support service roles in school 104
166	166	safety, security, and emergency planning; 105
167	167	6. School security and school police staffing, operational 106
168	168	practices, and related services; 107
169	169	7. School and communit y collaboration on school safety; 108
170	170	and 109
171	171	8. A return on investment analysis of the recommended 110
172	172	physical security controls. 111
173	173	(b) The department shall require by contract that the 112
174	174	security consulting firm: 113
175	175	1. Generate written automated reports on assessmen t 114
176	176	findings for review by the department and school and district 115
177	177	officials; 116
178	178	2. Provide training to the department and school officials 117
179	179	in the use of the FSSAT and other areas of importance identified 118
180	180	by the department; 119
181	181	3. Advise in the development and i mplementation of 120
182	182	templates, formats, guidance, and other resources necessary to 121
183	183	facilitate the implementation of this section at state, 122
184	184	district, school, and local levels; and 123
185	185	4. Review recommendations of the School Hardening and Harm 124
186	186	Mitigation Workgroup established under s. 1001.212(12) s. 125
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188	188	HB 753 2022
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	1001.212(11) to address physical security measures identified by 126
200	200	the FSSAT. 127
201	201	Section 4. Subsection (7) of section 1006.07, Florida 128
202	202	Statutes, is amended to read: 129
203	203	1006.07 District school board duties relating to st udent 130
204	204	discipline and school safety. —The district school board shall 131
205	205	provide for the proper accounting for all students, for the 132
206	206	attendance and control of students at school, and for proper 133
207	207	attention to health, safety, and other matters relating to the 134
208	208	welfare of students, including: 135
209	209	(7) THREAT ASSESSMENT TEAMS. —Each district school board 136
210	210	shall adopt policies for the establishment of threat assessment 137
211	211	teams at each school whose duties include the coordination of 138
212	212	resources and assessment and intervention with individuals whose 139
213	213	behavior may pose a threat to the safety of school staff or 140
214	214	students consistent with the model policies developed by the 141
215	215	Office of Safe Schools. Such policies must include procedures 142
216	216	for referrals to mental health services identified by the school 143
217	217	district pursuant to s. 1012.584(4), when appropriate, and 144
218	218	procedures for behavioral threat assessments in compliance with 145
219	219	the instrument developed pursuant to s. 1001.212(13) s. 146
220	220	1001.212(12). 147
221	221	(a) A threat assessment team shall include persons with 148
222	222	expertise in counseli ng, instruction, school administration, and 149
223	223	law enforcement. The threat assessment teams shall identify 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	members of the school community to whom threatening behavior 151
237	237	should be reported and provide guidance to students, faculty, 152
238	238	and staff regarding recogniti on of threatening or aberrant 153
239	239	behavior that may represent a threat to the community, school, 154
240	240	or self. Upon the availability of the behavioral threat 155
241	241	assessment instrument developed pursuant to s. 1001.212(13) s. 156
242	242	1001.212(12), the threat assessment team sha ll use that 157
243	243	instrument. 158
244	244	(b) Upon a preliminary determination that a student poses 159
245	245	a threat of violence or physical harm to himself or herself or 160
246	246	others, a threat assessment team shall immediately report its 161
247	247	determination to the superintendent or his or h er designee. The 162
248	248	superintendent or his or her designee shall immediately attempt 163
249	249	to notify the student's parent or legal guardian. Nothing in 164
250	250	this subsection shall preclude school district personnel from 165
251	251	acting immediately to address an imminent threat. 166
252	252	(c) Upon a preliminary determination by the threat 167
253	253	assessment team that a student poses a threat of violence to 168
254	254	himself or herself or others or exhibits significantly 169
255	255	disruptive behavior or need for assistance, authorized members 170
256	256	of the threat assessment t eam may obtain criminal history record 171
257	257	information pursuant to s. 985.04(1). A member of a threat 172
258	258	assessment team may not disclose any criminal history record 173
259	259	information obtained pursuant to this section or otherwise use 174
260	260	any record of an individual beyond the purpose for which such 175
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262	262	HB 753 2022
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273	273	disclosure was made to the threat assessment team. 176
274	274	(d) Notwithstanding any other provision of law, all state 177
275	275	and local agencies and programs that provide services to 178
276	276	students experiencing or at risk of an emotional disturbance or 179
277	277	a mental illness, including the school districts, school 180
278	278	personnel, state and local law enforcement agencies, the 181
279	279	Department of Juvenile Justice, the Department of Children and 182
280	280	Families, the Department of Health, the Agency for Health Care 183
281	281	Administration, the Agency for Persons with Disabilities, the 184
282	282	Department of Education, the Statewide Guardian Ad Litem Office, 185
283	283	and any service or support provider contracting with such 186
284	284	agencies, may share with each other records or information that 187
285	285	are confidential or exempt from disclosure under chapter 119 if 188
286	286	the records or information are reasonably necessary to ensure 189
287	287	access to appropriate services for the student or to ensure the 190
288	288	safety of the student or others. All such state and local 191
289	289	agencies and programs shall communicate, collaborate, and 192
290	290	coordinate efforts to serve such students. 193
291	291	(e) If an immediate mental health or substance abuse 194
292	292	crisis is suspected, school personnel shall follow policies 195
293	293	established by the threat assessment team to engage behavioral 196
294	294	health crisis resources. Behavioral health crisis resources, 197
295	295	including, but not limited to, mobile crisis teams and school 198
296	296	resource officers trained in crisis intervention, shall provide 199
297	297	emergency intervention and assessment, make recommendations, and 200
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	refer the student for appropriate services. Onsite school 201
311	311	personnel shall report all such situations and actions taken to 202
312	312	the threat assessment team, which shall contact the other 203
313	313	agencies involved with the student and any known service 204
314	314	providers to share informat ion and coordinate any necessary 205
315	315	followup actions. Upon the student's transfer to a different 206
316	316	school, the threat assessment team shall verify that any 207
317	317	intervention services provided to the student remain in place 208
318	318	until the threat assessment team of the rec eiving school 209
319	319	independently determines the need for intervention services. 210
320	320	(f) Each threat assessment team established pursuant to 211
321	321	this subsection shall report quantitative data on its activities 212
322	322	to the Office of Safe Schools in accordance with guidance from 213
323	323	the office and shall utilize the threat assessment database 214
324	324	developed pursuant to s. 1001.212(14) s. 1001.212(13) upon the 215
325	325	availability of the database. 216
326	326	Section 5. This act shall take effect July 1, 2022. 217