Florida Compilation of School Discipline Laws and Regulations

1 Florida Compilation of School Discipline Laws and Regulations Prepared: March 31, 2021 Introduction This Compilation presents School Discipline -related laws and Regulations for states, territories, and the District of Columbia, and, where available, links to education agency websites or resources related to School Discipline and student conduct. The Discipline laws and Regulations presented in this Compilation have been categorized by type of specific Discipline issue covered, according to an organizational framework developed by the National Center for Safe and Supportive Learning Environments (NCSSLE). For example, one major category encompasses all laws or Regulations governing states or territories that mandate specific disciplinary sanctions (such as suspension) for specific offenses (such as drug possession on School grounds).

2 The School Discipline laws and Regulations were compiled through exhaustive searches of legislative websites that identified all laws and Regulations relevant to each specific category. Compiled materials were subsequently reviewed by state education agency (SEA) representatives in the 50 states, Washington , and the territories. Discipline categories were not mutually exclusive. Laws and Regulations often appeared across multiple categories. For jurisdictions with more extensive laws covering a breadth of topical areas, relevant sections were excerpted from the larger legislative text for inclusion in the appropriate Discipline category. Laws, ordered by chapter and section number, appear first within each category followed by Regulations . All laws and Regulations listed within categories in the Compilation also appear in the sources cited section of the document, which lists laws by chapter and section number and title, and where available, includes active hyperlinks to source websites supported or maintained by state legislatures.

3 Additional links to government websites or resources are provided at the end of this document. Notes & Disclaimers To the best of the preparer s knowledge, this Compilation of School Discipline Laws and Regulations is complete and current as of March 2021. Readers should also note that the information in this document was compiled from individual sources that are created by each jurisdiction and which are maintained and updated with varying frequencies. Readers should consult the source information provided directly in order to check for updates to laws and Regulations reported in this document or to conduct further research. For further information, including definitions of the different policy categories, please refer to the Discipline Laws and Regulations compendium posted on the Center s website. Prepared by: Child Trends 7315 Wisconsin Avenue Suite 1200W Bethesda, Maryland 20814 EMT Associates, Inc.

4 1631 Creekside Drive Suite 100 Folsom, California 95630 Table of Contents Florida State Codes Cited .. 1 Codes of Conduct .. 5 Authority to Develop and Establish Codes of Conduct .. 5 Scope .. 11 Communication of Policy .. 12 In- School Discipline .. 14 Discipline Frameworks .. 14 Teacher Authority to Remove Students From Classrooms .. 17 Alternatives to Suspension .. 19 Conditions on Use of Certain Forms of 22 Corporal Punishment .. 22 Search and Seizure .. 24 Restraint and Seclusion .. 24 Exclusionary Discipline : Suspension, Expulsion, and Alternative Placement .. 28 Grounds for Suspension or Expulsion .. 28 Limitations or Conditions on Exclusionary Discipline .. 29 Due 31 Return to School Following Removal .. 33 Alternative Placements .. 35 Discipline Addressing Specific Code of Conduct Violations .. 40 Firearms and Other Weapons Violations.

5 40 Students with Chronic Disciplinary Issues .. 41 Chronic Absenteeism and Truancy .. 42 Substance Use .. 47 Gang-related Activity .. 52 Bullying, Harassment, or Hazing .. 53 Dating and Relationship Violence .. 59 Prevention, Behavioral Intervention, and Supports .. 61 State Model Policies and Implementation Support .. 61 Multi-tiered Frameworks and Systems of 62 Prevention .. 64 Social-emotional Learning (SEL).. 65 Trauma-informed Practices .. 66 Mental Health Literacy 67 School -based Behavioral Health Programs .. 68 Monitoring and Accountability .. 74 Formal Incident Reporting of Conduct Violations .. 74 Parental Notification .. 76 Data Collection, Review, and Reporting of Discipline Policies and Actions .. 81 Partnerships between Schools and Law Enforcement .. 84 Referrals to Law Enforcement .. 84 School Resource Officer (SRO) or School Security Officer (SSO) Training or Certification.

6 88 Authorizations, Memoranda of Understanding (MOUs), and/or Funding .. 89 Threat Assessment Protocols .. 92 State-Sponsored, Publicly Available Websites or Other Resources on School Discipline .. 96 Florida Compilation of School Discipline Laws and Regulations Page 1 Florida State Codes Cited Florida Statutes Title XII. Planning and Development Chapter 187. State Comprehensive Plan State comprehensive plan adopted Title XXIX. Public Health Chapter 381. Public Health: General Provisions Funding for School health services Comprehensive Statewide Tobacco Education and Use Prevention Program Chapter 394. Mental Health Part IV. Community Substance Abuse and Mental Health Services legislative intent with respect to substance abuse and mental health services State and district substance abuse and mental health plans Chapter 397.

7 Substance Abuse Services Part IX. Children s Substance Abuse Services School substance abuse prevention partnership grants Prevention resources; Internet website Title XLVII. Criminal Procedure and Corrections Chapter 943. Department of Law Enforcement School Safety Awareness Program Chapter 985. Juvenile Justice; Interstate Compact on Juveniles Part III. Custody and Intake; Intervention and Diversion Taking a child into custody Title XLVIII. K-20 Education Code Chapter 1001. K-20 Governance Part I. State-level Governance C. Department of Education Office of safe schools Part II. School District Governance A. District School Boards Powers and duties of district School board Supplemental powers and duties of district School board Florida Compilation of School Discipline Laws and Regulations Page 2 B. District School Superintendents Duties and responsibilities of district School superintendent C.

8 School Principals Duties of School principals Chapter 1002. Student and Parental Rights and Educational Choices Part II. Student and Parental Rights K-12 student and parent rights Part III. Educational Choice The hope scholarship program Chapter 1003. Public K-12 Education Part I. General Provisions Definitions District School board operation and control of public K-12 education within the School district Student conduct and parental involvement Part II. School Attendance Enforcement of School attendance Court procedure and penalties Notice to schools of court action Part III. Control of Students Students subject to control of School Authority of teacher; responsibility for control of students; district School board and principal duties Part IV. Public K-12 Educational Instruction Required instruction Disability history and awareness instruction Health education; instruction in acquired immune deficiency syndrome Service learning Part V.

9 Specialized Instruction for Certain Public K-12 Students Educational services in Department f Juvenile Justice programs Dropout prevention and academic intervention Use of restraint and seclusion on students with disabilities Chapter 1006. Support for learning Part I. Public K-12 Education Support for Learning and Student Services Subpart A. Learning Services Generally Educational multiagency services for students with severe emotional disturbance Florida Compilation of School Discipline Laws and Regulations Page 3 Subpart C. Student Discipline and School Safety District School board duties relating to student Discipline and School safety District School superintendent duties relating to student Discipline and School safety Duties of School principal relating to student Discipline and School safety Standards for use of reasonable force Safe- School officers at each public School Policy of zero tolerance for crime and victimization Hazing prohibited at schools with any of grades 6-12 Bullying and harassment prohibited Dating violence and abuse prohibited Florida Safe Schools Assessment Tool Subchapter D.

10 Student Extracurricular Activities and Athletics District School board, charter School authority and responsibility to establish student eligibility regarding participation in interscholastic and intrascholastic extracurricular activities Chapter 1011. Planning and budgeting Part II. Funding for School Districts Funds for operation of schools Standard student attire incentive payments Chapter 1012. Personnel Part III. Public Schools; Personnel A. Department of Education, District School Board, District School Superintendent, and School Principal Duties; Public School Personnel Public School personnel; duties of School principals D. Educator Certification for Public Schools; Renewal; Duties Continuing education and inservice training for teaching students with developmental disabilities Continuing education and inservice training for youth suicide awareness and prevention Continuing education and inservice training for youth mental health awareness and assistance F.